Alghanim v. Alghanim et al

Filing 13

DECLARATION of Omar Al-Essa in Support re: 11 MOTION to Dismiss.. Document filed by Kutayba Y. Alghanim, Omar K. Alghanim. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Weisburg, Henry)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

BASSAM

ALGHANIM
Case

Plaintiff

KUTAYBA

ALGHANIM

et

No

09-Cl V-8098

NRB

al

Defendants

DECLARATION OF OMAR AL-ESSA

OMAR AL-ESSA

am

various

legal

described

support

herein

Kuwait

in

submit

this

of Defendants Kutayba

Amended

knowledge

Complaint

of the

or

facts

in

declaration

to

and

to

provide

the Kuwaiti

Court of Cassation

law firm Al Essa

Kutayba

and

concerning

documentary

Aighanims Motion

to

Stay this Action Pending Arbitration

if

called as

witness

could

and would

and

Partners

in

Alghanim

litigations

the Court with

and Omar

Aighanim

herein

the Kuwaiti

negotiations

the Alternative

stated

practice before

to

serve as counsel

including

as follows

declares

member of

Court

Bar Association

matters

1746

an attorney registered

and the Kuwaiti Constitutional

head of the Kuwait

28 U.S.C

to

pursuant

coimection

with

the agreements

evidence

in

Dismiss the

have personal

competently

testif thereto

true and correct copy

Alghanim

KYA

and Bassam

of the General

Alghanim

BYA

Points

for

Settlement

and witnessed

between

Kutayba

by the Prime Minister

of

Kuwait Sheikh Nasser Mohammed

hereto

Ahmed

al

KYA

agreement between

Mohammed

al

Ahmed

and

BYA

Jaber Al

copy

and witnessed

Sabah

KYA

between

Mohammed

and

al

BYA

Ahmed

and witnessed

Kuwait an

YAAS be
KYA

with

March

2009

and found

liable

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filed

hereto

for

into

as

dated

legal

annexed

is

BYAs

for costs and attorneys

April

dated

June

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of

27 2009

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decision

and attorneys

24 2009

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to

entered

as Exhibit

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is

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of disputes

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expenses

is

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as Exhibit

Kuwait Sheikh Nasser

Yusuf Ahmed Aighanim

Initiatory

Exhibit

hereto

of Understanding

the Court of First

Receivership

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into

of Kuwait Sheikh Nasser

annexed

pending the reconciliation

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Action

with

that

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appealed

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responsible

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subsequently

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by the Prime Minister

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dated

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translation

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certified

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request

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translation

certified

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with

along

true and correct copy

dated

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as Exhibit

true and correct

and

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along

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24

in

with

the

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of disputes

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for

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into

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actions

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with

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with

respect

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to

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dated

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to

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to

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copy

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also

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the decision

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seeking

judicial

commenced

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each of those four cases

appealed

28 2009

as Exhibit

receivership

shares in Gulf

Industries

subsequently

with

along

and Aighanim

owned companies

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dismissed and found

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July

but

translation

certified

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in

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request

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request

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and

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the Appeal

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on Aighanim

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annexed

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to

for

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pending the

judicial receivership

respect

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true

is

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and attorneys

expenses

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with

true

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appealed

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fees

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dated

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requesting

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dated

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with

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three of those cases

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with

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each

to

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for

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certified

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of arbitration

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as

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of Abandonment

as Exhibit

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annexed

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for

filed

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in

copy

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and

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notice

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that

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after

he was

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for

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2009

decision

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Accounting

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along

Exhibit

as

and correct copy along with

of Lawsuit

the Court of First

2007 and 2008 and order

English of

BYA

hereto

against

Industries

Alghanim

dismiss the

voluntarily

2009

Action

2007 and 2008

for

Commercial

Instance

On November

Exhibit

true

profits

into

to

2007

Accounting

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true and correct

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Alghaniui

translation

for

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on November

2009

that

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for

profits

English of

into

attempted

March 29 2009

requesting

Alghanim

Accounting

BYAs

his

YAASs
the

the Kuwaiti

that

requesting

calculate

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dated

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for

favor

to

translation

certified

dismissal

in

pay attorneys

share of the profits

as Exhibit

the case

to

YAAS

and

an expert

his

Department

voluntary

Industries

with

the Experts

April

suit

pay

and correct copy along

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at

BYA

with

hereto

Action

calculate

to

KYA

sued

English of the Court of

into

In

pay

along

ruling dismissing

translation

certified

to

the Experts

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dated

copy

was also ordered

Circuit appoint

YAAS

and

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April

true and correct

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Instance

and 2008 and order

BYA

each appeal

respect

such

2007

and

true

for

and 2008

the Court of First

abandoning the

certified

dated

translation

November

10

On October

wherein he asked

the court

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to

and

percent

into

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annexed

ol

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amend

interest

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as

the

foregong

Executed

declare that

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in

owns

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Initiatory

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true

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and

filed

another

fifty

suit

percent

of Association

correct

copy

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against

of

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so as

along

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to

and

give

with

dated

and

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compel

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certified

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fifty

translation

13 2009

is

Exhibit

declare

that

to

BYA

13 2009

is true

under penalty

of perjury under the laws

and correct

on Novemberj%

2009

Otnar Al-Essa

of the United

States

of America