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SIKHS FOR JUSTICE v. NATH

No. 10 Civ. 2940.

850 F.Supp.2d 435 (2012)

SIKHS FOR JUSTICE, on behalf of deceased and injured members of the Sikh community, et al., Plaintiffs, v. Kamal NATH, and Indian National Congress Party, Defendants, and Indian Legal Heritage, Intervenor.

United States District Court, S.D. New York.

March 7, 2012.

Attorney(s) appearing for the Case

Michael F. Fitzgerald, Esq., New York, NY, for Plaintiffs.

Pillsbury Winthrop Shaw Pittman LLP, by: David M. Lindley, Esq., Ranah L. Esmaili, Esq., Anne C. Lefever, Esq., Tameka M. Beckford-Young, Esq., New York, NY, for Defendant Kamal Nath.

OPINION

SWEET, District Judge.

Defendant Kamal Nath ("Nath" or the "Defendant") has moved pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(2) and 12(b)(5) to dismiss the First Amended Complaint of plaintiffs Sikhs for Justice and seven individuals (collectively, the "Plaintiffs") alleging violations of the Alien Tort Claims Act ("ATCA") and the Torture Victim Protection Act ("TVPA").

Upon the facts and conclusions set forth below, the...

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