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EXHIBIT a Case 1:18-Cv-01884-RGA Document 13-1 Filed 03/18/19 Page 2 of 69 Pageid #: 274 Case 1:18-cv-01884-RGA Document 13-1 Filed 03/18/19 Page 1 of 69 PageID #: 273 EXHIBIT A Case 1:18-cv-01884-RGA Document 13-1 Filed 03/18/19 Page 2 of 69 PageID #: 274 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ________________________________________ SAMUEL SILBER; SIDNEY EDDY STRULOVITS; SHERI LYNN STRULOVITS; MOSHE GORDON; C.A. No. 1:18-cv-01884-RGA DANIEL JACOB; TSOFIYA JACOB; LEWIS WEINGER; MORIYAH SHAPIRO; JONATHAN SHAPIRO; INBAL NAZDARE LEVY; YAIR SPOLTER; ERIC CHARLES MARX; SUSAN LYNN MARX; ALON MADIEL; DANIELLE MADIEL; GULIE MADIEL; HOWARD RABIN; JEFFREY T. SCHWARTZ; and DAVID TESLER, Plaintiffs and Counterclaim Defendants, v. AIRBNB, Inc., Defendant, and ZIAD ALWAN; VILLAGE COUNCIL OF JALUD; MUNICIPALITY OF ‘ANATA; and RANDA WAHBE, Intervenor-Defendants and Counterclaim Plaintiffs. ________________________________________ INTERVENOR-DEFENDANTS’ ANSWER TO AMENDED COMPLAINT AND COUNTERCLAIMS Misty A. Seemans, DE Bar # 5975 Diala Shamas (pro hac vice motion pending) O.P.D. (Pro Bono; cooperating attorney Maria LaHood (pro hac vice motion pending) with Center for Constitutional Rights) Katherine Gallagher (pro hac vice motion pending) 820 North French Street Astha Sharma Pokharel (pro hac vice motion pending) Third Floor Baher Azmy (pro hac vice motion pending) Wilmington, Delaware 19801 CENTER FOR CONSTITUTIONAL RIGHTS [email protected] 666 Broadway, 7th Floor, New York, NY 10012 (302) 577-5126 [email protected]; (212) 614-6426 Case 1:18-cv-01884-RGA Document 13-1 Filed 03/18/19 Page 3 of 69 PageID #: 275 Defendants and Counterclaim Plaintiffs in Intervention Ziad Alwan, Randa Wahbe, the Palestinian village of Jalud and the Palestinian town of ‘Anata (collectively, “Intervenors” and “Intervenors/Counterclaim Plaintiffs”) for their Answer and Counterclaims to the Amended Complaint filed by Plaintiffs Samuel Silber, Sidney Eddy Strulovits, Sheri Lynn Strulovits, Moshe Gordon, Daniel Jacob, Tsofiya Jacob, Lewis Weinger, Moriyah Shapiro, Jonathan Shapiro, Inbal Nazdare Levy, Yair Spolter ( “Settler-Plaintiffs” and “Settler- Plaintiffs/Counterclaim Defendants”), and Eric Charles Marx, Susan Lynn Marx, Alon Madiel, Danielle Madiel, Gulie Madiel, Howard Rabin, Jeffrey T. Schwartz, and David Tesler (“Renter- Plaintiffs”), who are not parties to the counterclaims, state as follows: INTRODUCTION TO INTERVENORS’ ANSWER AND COUNTERCLAIMS Settler-Plaintiffs’ action against Defendant Airbnb, Inc. (“Airbnb”) for purported discrimination starts from a deeply flawed and ultimately unlawful premise: that they are the rightful owners and possessors of the properties that Airbnb has decided to delist from its web platform. In fact, the properties Settler-Plaintiffs list for rent are in Jewish Israeli settlements, unlawfully established on Palestinian land, that have displaced and dispossessed Intervenors Alwan, the village of Jalud and the town of ‘Anata—who possess a rightful claim to the land upon which these properties are built. Rather than being victims of discrimination by Airbnb as they allege, Settler-Plaintiffs themselves violate the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., by posting their settlement rental listings in the U.S. that indicate discrimination against all Intervenors on the basis of national origin and religion. The role of Settler-Plaintiffs Gordon, Levy, Moriyah and Jonathan Shapiro, and Daniel and Tsofiya Jacob in the seizure and occupation of Intervenors’ land and financial profit therefrom violate the common law of trespass and unjust enrichment. The role of these Settler-Plaintiffs in the appropriation of and 1 Case 1:18-cv-01884-RGA Document 13-1 Filed 03/18/19 Page 4 of 69 PageID #: 276 settlement on Intervenors ‘Anata and Jalud’s land, as well as the ongoing forcible transfer of the residents of Intervenors ‘Anata and Jalud from their land and the pillaging of their property constitutes well-established war crimes made actionable in U.S. courts through the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”). Finally, the role of all Settler-Plaintiffs in furthering and participating in the discriminatory settlement enterprise that results in the severe denial of fundamental rights to Palestinians constitutes the crime against humanity of persecution under the ATS. Indeed, several of Settler-Plaintiffs have relished their role in the ideological vanguard of Israel’s settlement enterprise, embracing the project to force out—and keep out—Palestinians and broadly expand Israeli control over the occupied Palestinian territory. Having invoked the jurisdiction of this Court to assert—albeit misleadingly—a purported violation of their rights in order to pursue profit off of unlawfully seized land, Settler-Plaintiffs must be held to account under the law for their fundamentally illegal conduct. Intervenors accordingly seek appropriate judicial relief from those contributing to and responsible for discrimination, dispossession, and displacement. ANSWER TO AMENDED COMPLAINT NATURE OF THE ACTION 1. No response is deemed required. PARTIES A. The Plaintiffs 2. Intervenors deny that Plaintiff Samuel Silber is domiciled in Israel to the extent that he resides in a settlement in Palestinian territory that Israel has occupied since 1967. Intervenors further deny that Plaintiff Samuel Silber legally or validly owns residential property 2 Case 1:18-cv-01884-RGA Document 13-1 Filed 03/18/19 Page 5 of 69 PageID #: 277 in a settlement in occupied Palestinian territory. Intervenors lack knowledge and information sufficient to form a belief as to the truth of the rest of the allegations contained in paragraph 2. 3. Intervenors deny that Plaintiff Sidney Eddy Strulovits is domiciled in Israel as he resides in a settlement in Palestinian territory that Israel has occupied since 1967. Intervenors further deny that Plaintiff Sidney Eddy Strulovits legally or validly owns residential property in a settlement in occupied Palestinian territory. Intervenors lack knowledge and information sufficient to form a belief as to the truth of the rest of the allegations contained in paragraph 3. 4. Intervenors deny that Plaintiff Sheri Lynn Strulovits is domiciled in as she resides in a settlement in Palestinian territory that Israel has occupied since 1967. Intervenors further deny that Plaintiff Sheri Lynn Strulovits legally or validly owns residential property in a settlement in occupied Palestinian territory. Intervenors lack knowledge and information sufficient to form a belief as to the truth of the rest of the allegations contained in paragraph 4. 5. Intervenors deny that Plaintiff Moshe Gordon is domiciled in Israel as he resides in a settlement in Palestinian territory that Israel has occupied since 1967. Intervenors further deny that Plaintiff Moshe Gordon legally or validly owns residential property in a settlement in occupied Palestinian territory. Intervenors lack knowledge and information sufficient to form a belief as to the truth of the rest of the allegations contained in paragraph 5. 6. Intervenors deny that Plaintiff Daniel Jacob is domiciled in Israel as he resides in a settlement in Palestinian territory that Israel has occupied since 1967. Intervenors further deny that Plaintiff Daniel Jacob legally or validly owns residential property in a settlement in occupied Palestinian territory. Intervenors lack knowledge and information sufficient to form a belief as to the truth of the rest of the allegations contained in paragraph 6. 3 Case 1:18-cv-01884-RGA Document 13-1 Filed 03/18/19 Page 6 of 69 PageID #: 278 7. Intervenors deny that Plaintiff Tsofiya Jacob is domiciled in Israel as she resides in a settlement in Palestinian territory that Israel has occupied since 1967. Intervenors further deny that Plaintiff Tsofiya Jacob legally or validly owns residential property in a settlement in occupied Palestinian territory. Intervenors lack knowledge and information sufficient to form a belief as to the truth of the rest of the allegations contained in paragraph 7. 8. Intervenors deny that Plaintiff Lewis Weinger is domiciled in Israel to the extent he resides in a settlement in Palestinian territory that Israel has occupied since 1967. Intervenors further deny that Plaintiff Lewis Weinger legally or validly owns residential property in a settlement in occupied Palestinian territory. Intervenors lack knowledge and information sufficient to form a belief as to the truth of the rest of the allegations contained in paragraph 8. 9. Intervenors deny that Plaintiff Moriyah Shapiro is domiciled in Israel as she resides in Palestinian territory that Israel has occupied since 1967. Intervenors further deny that Plaintiff Moriyah Shapiro legally or validly owns residential property in a settlement outpost in occupied Palestinian territory, which even lacks authorization under Israeli military law. Intervenors lack knowledge and information sufficient to form a belief as to the truth of the rest of the allegations contained in paragraph 9. 10. Intervenors deny that Plaintiff Jonathan Shapiro is domiciled in Israel as he resides in Palestinian territory that Israel has occupied since 1967. Intervenors further deny that Plaintiff Jonathan Shapiro legally or validly owns residential property in a settlement outpost in occupied Palestinian territory, which even lacks authorization under Israeli military law. Intervenors lack knowledge and information sufficient to form a belief as to the truth of the rest of the allegations contained in paragraph 10. 4 Case 1:18-cv-01884-RGA Document 13-1 Filed 03/18/19 Page
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