Professional Documents
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AHMED
BAHGAT,
et
al.
)
)
)
v.
)
Civil
Action
No.
1:13-cv-08894-AT
)
)
ARAB
REPUBLIC
OF
EGYPT,
et
al.
)
)
________________________________________
)
ARAB
REPUBLIC
OF
EGYPTS
MOTION
TO
DISMISS
COMES
NOW
THE
DEFENDANT,
Arab
Republic
of
Egypt,
by
and
through
its
undersigned
counsel,
John
Hermina,
Esquire,
and
the
HERMINA
LAW
GROUP,
and
moves
this
Honorable
Court
to
dismiss
this
matter,
and
as
for
its
reasons,
it
states:
Dismiss
will
show,
the
Plaintiffs
have
not
made
a
prima
facie
case
that
the
Arab
Republic
of
Egypt
(Egypt)
does
not
enjoy
immunity
pursuant
to
the
Foreign
Sovereign
Immunities
Act
(the
FSIA),
28
U.S.C.
1602,
et
seq.
or
that
any
exception
contained
within
1605
through
1607
apply
to
this
action.
2.
That
all
of
the
transactions,
which
form
the
basis
for
the
underlying
litigation,
were
conducted
in
Egypt,
and
the
Plaintiffs
relied
on
their
Egyptian
status
in
dealing
with
the
National
Bank
of
Egypt,
the
other
Defendant
in
this
case.
Therefore,
the
expropriation
exception
does
not
apply.
3.
That
all
of
the
transactions
complained
of
were
centered
in
Egypt,
and
any
alleged
financial
losses
due
to
any
purported
seizure
occurred
in
Egypt.
Therefore,
the
commercial
activities
exception
is
also
inapplicable
to
this
case.
BY:
Respectfully
Submitted,
THE
PLAINTIFFS,
I
HEREBY
CERTIFY
that
on
this
22nd
day
of
June
2014,
a
copy
of
the
above
Amended
Complaint
was
transmitted
to
Defendants
counsel
named
below,
via
the
Courts
ECF
system.
Ahmed
M.
Elmokadem,
Esquire
4919
Hidden
Dune
Court
San
Diego,
CA
92130
/s/
John
Hermina