Davoyan
Davoyan v. Republic of Turkey
Opinion
Lead Opinion
Gee, J.
ORDER RE BANK DEFENDANTS’ (1) MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR JUDGMENT ON THE PLEADINGS, AND (2) MOTION TO CONSOLIDATE CASES [42,48]
Plaintiffs’ claims concern the plight of Armenians living within the Ottoman Empire during its waning years. The Court must now decide whether it has jurisdiction under the Foreign Sovereign Immunities Act and, if so, whether other considerations nonetheless warrant dismissal. Having duly considered the respective positions of the parties, as presented in their *1090 briefs and at the December 19, 2011 oral argument, the Court now renders its decision. For the reasons set- forth below, Defendants’ motion to dismiss is GRANTED and Defendants’ motion to consolidate cases is DENIED as moot.
I.
PROCEDURAL HISTORY
On July 29, 2010, Plaintiffs Garbis Da-voyan and Hrayr Turabian filed a class action complaint against Defendants Republic of Turkey, the Central Bank of the Republic of Turkey, and T.C. Ziraat Ban-kasi, asserting the following causes of action: (1) constructive trust; (2) breach of statutory trust; (3) unjust enrichment; (4) accounting; and (5) human rights violations and violations of international law. Plaintiffs seek to…