FROM A
DIFFERENT ANGLE by Kenneth Rijock
Financial Crime Consultant, for World-Check
Suit against Daniel Pearl's killers and terrorist financiers is dropped
28 October 2007

The widow of murdered Wall Street Journal reporter Daniel Pearl has taken a voluntary dismissal in the pending US District Court suit against her husband's alleged Al-Qaeda kidnappers and killers, and the entities that are accused of financing the horrid beheading. Whilst the dismissal is without prejudice, meaning that it can be refiled, the reason for this action is unclear. The plaintiff has failed to obtain personal jurisdiction over the defendants, except defendant Habib Bank, which, after stipulating to an extension of time to respond, failed to file a responsive pleading. Was there a settlement as to the bank, and if so, why was it alone not dismissed with prejudice? There is no obvious answer.

The Notice of Voluntary Dismissal, filed on 12 October, stated that "no defendant has Answered or filed a Motion to Dismiss or Motion for Summary Judgment," which means that the Plaintiff can dismiss the case without leave (permission) of court, under the applicable Federal Rule of Civil Procedure.

A review of the docket shows that  Habib Bank Ltd. is the only defendant that has been served. All the summonses issued against the other defendants have not yet been returned. The bank's attorneys have filed a Notice of Appearance, but curiously did not respond to the Complaint by the stipulated date.

Based upon the scant information available, it appears that the Plaintiff's attorneys have decided to, at least temporarily, hold this action in abeyance, due to service of process issues. The bank remains a mystery.

Research Note: Mariane Pearl, in her own right, and as Representative of the Estate of Daniel Pearl, Deceased, and as Guardian for their minor son, vs. Ahmed Omar Saeed Sheikh, et al, Case No.: 07-cv-06639-PAC (S.D.N.Y.)    

The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.

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