Sikhs for Justice v. Nath

Decision Date21 September 2012
Docket NumberNo. 10 Civ. 2940.,10 Civ. 2940.
PartiesSIKHS 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.
CourtU.S. District Court — Southern District of New York

OPINION TEXT STARTS HERE

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.

Jones Day, by: Geoffrey Shannon Stewart, Esq., Thomas E. Lynch, Esq., New York, NY, for Defendant Indian National Congress Party.

OPINION

SWEET, District Judge.

Currently before the Court are several motions and a cross-motion filed by the parties to this action.

The plaintiffs Sikhs for Justice and seven individuals (collectively, the Plaintiffs) moved pursuant to Rules 54(a), 59(e) and 60(b) of the Federal Rules of Civil Procedure and Local Rule 6.3 for reconsideration or reargument of the opinion of this Court (Motion to Reconsider), entered on March 7, 2012, which dismissed the first amended complaint (“FAC”) as to defendant Kamal Nath (Nath) without prejudice.

The Plaintiffs also moved for default judgment against the defendant Indian National Congress Party (INC) pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure and Local Rule 55.2(b) (Motion for Default Judgment).

While the Plaintiffs' motions were sub judice, the INC moved pursuant to Rules 12(b)(1), 12(b)(2), 12(b)(5) and 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the Plaintiffs' FAC as to the INC, or in the alternative, for a stay of proceedings pending the Supreme Court's resolution of Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d Cir.2010), cert. granted,––– U.S. ––––, 132 S.Ct. 472, 181 L.Ed.2d 292 (2011) (Motion to Dismiss). The Plaintiffs opposed the motion and made a cross-motion seeking various relief including: (a) the consolidation of the motions presently pending before the Court for purposes of determination and possible appeal; (b) leave to conduct jurisdictional discovery, if necessary; (c) the declaration that service has been effected on the Defendants or prescribing an alternative method of service, if necessary; and (d) the further amendment of the Complaint in the event the Defendants' motion is granted in whole or in part.

Upon the facts and conclusions set forth below, the Motions for Reconsideration and Default Judgment are denied, the Motion to Dismiss is denied in part and granted in part, the INC's motion to stay the proceedings is granted and the Plaintiffs' cross-motion is denied in part and granted in part.

I. Prior Proceedings

The original complaint in this action was filed on April 6, 2010. It alleged nine claims against Nath for violations of international law under the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350, and Torture Victim Protection Act of 1991 (“TVPA”), Pub.L. No. 102–256, 106 Stat. 73 (1992) (codified at 28 U.S.C. § 1350) and under state law for wrongful death, negligence, public nuisance, battery, intentional infliction of emotional distress and negligent infliction of emotional distress. (Dkt. No. 1).

On March 1, 2011, the Plaintiffs filed the FAC, adding plaintiffs and the defendant INC and dropping all state law claims. (Dkt. No. 16). As to Nath, the Plaintiffs allege claims of genocide, rape, torture, summary executions, extrajudicial killings, and crimes against humanity under the ATS (FAC ¶¶ 160–65); torture and extrajudicial killings under the TVPA ( Id. ¶¶ 166–73); and for the aiding and abetting the commission of those violations under the ATS and TVPA. ( Id. ¶¶ 174–79). With regard to the INC, the Plaintiffs allege claims under the ATS for genocide, rape, torture, summary executions, and extrajudicial killings ( Id. ¶¶ 146–53); and for the aiding and abetting the commission and conspiracy to commit those violations under both the ATS and TVPA. ( Id. ¶¶ 154–59).

The FAC alleges that the individually-named Plaintiffs and the individuals they represent were present and/or injured in states throughout India when officials organized, armed and led attacks on Sikhs. ( Id. ¶¶ 34–66, 73–106). According to the FAC, during the relevant time period, the INC “virtually had complete control over the governance of India” at that time, and [a]s the ruling political party of India nationally and locally, [the INC] was able to pursue a policy of genocide against the Sikhs under color of state law and with the apparent or actual authority of the Government of India.” ( Id. ¶¶ 28–30, 108). Nath appears in the FAC in connection with one site of violence in New Delhi on November 1, 1984. ( Id. ¶¶ 37–39, 66–72). The Plaintiffs additionally allege that Nath aided and abetted the violence in India by his presence and participation at a meeting of the INC where the violence was planned. ( Id. ¶¶ 37–39).

On June 24, 2011, Nath moved to dismiss the FAC, asserting lack of jurisdiction based upon failure of service, immunity, lack of standing, and the act of state doctrine. (Dkt. No. 31). The motion was heard and marked fully submitted on September 21, 2011 and the Court issued its Opinion granting Nath's motion to dismiss the FAC on March 7, 2012. See Sikhs for Justice v. Nath, 850 F.Supp.2d 435, 2012 WL 760164 (S.D.N.Y. March 7, 2012) (“ Sikhs I ” or the “March Opinion”).

While Nath's motion was sub judice, the Plaintiffs moved for default judgment against the INC pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure and Local Rule 55.2(b) on February 2, 2012. The motion was heard and marked fully submitted on May 9, 2012.

On March 21, 2012, the Plaintiffs filed their motion for reconsideration pursuant to Rules 54(a), 59(e) and 60(b) of the Federal Rules of Civil Procedure and Local Rule 6.3, requesting that the Court revisit its March Opinion, which dismissed without prejudice the FAC as to Nath. The motion was heard on submission and marked fully submitted on April 18, 2012.

On May 29, 2012, the INC moved to dismiss the FAC, or in the alternative, for a stay of proceedings pending the Supreme Court's resolution of Kiobel v. Royal Dutch Petroleum. The Plaintiffs subsequently filed a cross-motion on June 29, 2012 for consolidation of the pending motions, jurisdictional discovery, a declaration that service had been effected or, an alternate method of service and for leave to further amend the complaint if the INC's Motion to Dismiss was granted in whole or in part. The motion and cross-motion were heard on submission and marked fully submitted on July 18, 2012.

II. The Facts

The facts underlying this action are set out in the March Opinion, the parties' affidavits and the FAC, familiarity with which is assumed. The facts relevant to the instant motions are set forth in below.

The Plaintiffs are a class consisting of resident and non-resident Sikh men, women and children who survived the allegedly unlawful attacks on them in India in November 1984 and the lawful heirs and claimants of those men, women and children that did not survive. (FAC ¶ 17). The class also consists of Sikhs whose homes, businesses, temples and personal property were allegedly damaged. ( Id.). The class period is from November 1 to November 4, 1984. ( Id.).

In 1984, the assassination of former Prime Minister Indira Gandhi sparked violence throughout India, during which a large number of Sikhs were killed and injured. ( Id. ¶¶ 2, 31–36, 109–11). Throughout the relevant period, Nath was an elected Member of Parliament or Union Minister for the Government of India. ( Id. ¶ 16). He was also a member of the INC, the ruling political party during the relevant period. ( Id.).

According to the FAC, as the ruling political party of India, the INC was able to pursue a policy of genocide against the Sikhs under color of state law and with the apparent or actual authority of the Government of India. ( Id. ¶ 108). The Plaintiffs allege that Nath and the INC committed various human rights violations, including acts of genocide, gang rape, torture,summary executions, extra-judicial killings and wholesale property destruction against the Plaintiffs. ( Id. ¶¶ 148–51, 162–63). The Plaintiffs also allege that Nath and the INC aided, abetted and provided practical assistance to each other, the Government of India and its proxies, local Indian governments and their proxies, INC workers and officials, local police departments and para-military groups in the killing, torturing and raping of Sikhs. ( Id. ¶¶ 155–57, 175–77).

The FAC alleges that the INC “conducts ongoing and significant business in the United States particularly in the State and City of New York both directly and through its wholly owned subsidiary “Indian National Overseas Congress (hereinafter “INOC”) which is a corporation organized and existing pursuant to the laws of the State of New York with its principal place of business located at Queens County, State of New York.” ( Id. ¶ 15). “Upon information and belief,” the Plaintiffs contend that the INC “operates INOC as a department or agent and controls its activities.” ( Id.).

III. The Motion for Reconsideration is DeniedA) The Applicable Standard

The standards governing motions under Local Rule 6.3 along with Fed.R.Civ.P. 59 are the same, and a court may grant reconsideration where the party moving for reconsideration demonstrates an “intervening change in controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.” Henderson v. Metro. Bank & Trust Co., 502 F.Supp.2d 372, 375–76 (S.D.N.Y.2007) (quotation marks and citations omitted); Parrish v. Sollecito, 253 F.Supp.2d 713, 715 (S.D.N.Y.2003) (“Reconsideration may be granted to correct clear error, prevent manifest injustice or review the court's decision in light of the availability of new evidence.”) (citing Virgin Atl. Airways,...

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