King v. Habib Bank Limited

Document and Procedural Posture

The provided document consists mainly of the plaintiffs’ letter requesting a pre-motion conference concerning a discovery dispute. The plaintiffs asked to move for an order compelling Habib Bank Limited to expand the time period covered by its document collection and production.

Background

The plaintiffs state that they are American nationals injured, and family members of American nationals killed, in terrorist attacks in Afghanistan. They allege that Habib Bank, which they describe as a Pakistani bank that operated in New York during the relevant period, violated the Anti-Terrorism Act as amended by the Justice Against Sponsors of Terrorism Act. According to the letter, the claims concern alleged support for terrorist organizations and fundraisers connected to the attacks, including through the bank’s New York branch.

The plaintiffs sought discovery beginning January 1, 2006, even though the specific attacks alleged began in mid-2010. They argued that the earlier period was relevant to the alleged development and coordination of the terrorist organizations, the bank’s knowledge and support, and its compliance with anti-money-laundering requirements. They also pointed to a December 2006 written agreement with regulators concerning the bank’s anti-money-laundering procedures.

Requested Discovery

The plaintiffs sought documents from January 1, 2006, through December 31, 2009, in at least three categories:

- records concerning the alleged facilitation and support of terrorists and terrorist activity; - records concerning systems, protocols, and software used to comply with anti-money-laundering requirements; and - internal and third-party investigations and audits concerning anti-money-laundering compliance and practices.

The plaintiffs argued that this discovery was relevant under Federal Rule of Civil Procedure 26(b)(1), which permits discovery of nonprivileged information relevant to a claim or defense and proportional to the needs of the case. They also argued that Habib Bank had not made a specific showing that expanding the collection period would be unduly burdensome.

Court’s Action

Judge Lorna G. Schofield ordered the defendant to file a responsive letter of no more than three pages by March 9, 2023. The order also states that the plaintiffs had requested a pre-motion conference for March 17, 2023. The provided text does not contain a decision granting or denying the requested broader discovery, and it does not resolve the underlying Anti-Terrorism Act claims.