Alghanim v. Alghanim et al

Filing 30

DECLARATION of Bassam Y. Alghanim in Opposition re: 18 MOTION to Dismiss Plaintiff's Amended Complaint., 11 MOTION to Dismiss.. Document filed by Bassam Y. Alghanim. (Gardiner, John)

I.JNITEDSTATESDISTRICT COURT
DISTRICT OF NEW YORK
SOUTHERN

BASSAMY. ALGHANIM.
09 Civ. 8098(NRB)
Plaintiff,
v.
KUTAYBA Y. ALGFIANTM,OMAR K.
ALGHANIM, ALGHANIM INDUSTRIES
COMPANYW.L.L.,YUSUFAHMED
ALGHANIM AND SONSW.L.L.,and
WALEED MOUBARAK.

DECLARATION OF BASSAM
Y. ALGHANIM IN
OPPOSITION TO MOTION
TO DISMISSAND/OR
STAY ACTION IN F'AVOR OF
ARBITRATION IN KUWAIT

Defendants.

to
underpenalties perjurypursuant 28
of
BASSAM Y. ALGHANIM declares
U.S.C.
1746 follows:
as
1.

at
CA
I am a Kuwaiti citizen,resident 1005Bel Air Court,Los Angeles, 90077. I

KutaybaY. Alghanim
submitthis declaration opposition the motionof defendants
in
to
("Moubarak")to dismiss
this
("Kutayba"),OmarK. Alghanim("Omar") andWaleed
Moubarak
actionin favor of arbitration.
2.

I understand the argument my brother'scounsel makingis that whenI
that
that
is

andmy brother,defendant
Kutayba,
entered the March 12Agreement subsequently
into
and
therewithrelating
datedMarch27,2009in connection
signeda Memorandum Understanding
of
beforethe Kuwait PrimeMinister
to
to the divisionof ourjoint property,we agreed arbitrate
nature.As Kutayba's
between of whatsoever
us
everysubsequent
dispute
that everarose
(or
would haveit, if Kutaybaarranged haveme assaulted evenmurdered)
to
counsel
because
he

thoughtdoingso would be advantageous him with respect our propertydispute
to
to
andI (or my
estate)
thensuedhim in courtfor the assault, couldcompelarbitration
he
beforethe Kuwait
PrimeMinister. This is absurd I neveragreed anysuchthing.
and
to
3.

Indeed, thetime we signed
at
these
agreements possibilitythat my brother
the

would resortto hackingmy privateandpersonal
emailsdid not entermy mind andI did not and
neverwould haveagreed arbitrate
to
sucha matterif it hadentered mind.
my
4.

Thehackingintrudedinto all of theprivateactivitiesthat I conducted
throughmy

two password-protected emailaccounts,
AOL
including:
(a)

confidential
family matters
unrelated the disputewith my
to
brother;

(b)
(c)

personal
correspondence friends;and
with

(d)

5.

medicalandhealthinformation;

business legalcorrespondence.
and

The damages I am seeking this lawsuitarenot damages nonin
that
for

performance impairment my rightsunderthe March 12Agreement the MOU. Rather
or
of
or
they aredamages the totally separate
for
injuriesI suffered the resultof the crimescommitted
as
against
me:
(i)

damages the invasionof my privacy,includingmentalanguish
for
and
distress;
emotional

(ii)

statutory
damages;

(iii)

damages costsincurredin investigating attempting stopthe
for
and
to
crimes:

(iv)
(u)
6.

punitivedamages;
and
attomeys'fees.

I am not askingthis Courtto adjudicate rightsunderor relatedto the March
any

12Agreement the MOU or to makeany ruling with respect the agreements.
or
to
Indeed, I
if
effectivelyresolved disputewith my brotheroverthe divisionof ourjoint assets, cannotsee
my
I
how my right to this relief in this lawsuitwould be impacted.Thejury canproperlyconsider
all
of thesecompensatory
damages
without enforcingor overtuming agreements awarda
the
and
largemultipleof thosecompensatory
damages punitivedamages the maliciousand
as
for
in.
egregious
conduct defendants
the
haveengaged
7,

LestKutaybaprofit by misconstruing claim for damages requiringthe
my
as

(or,
Court to enforceor overturnthe agreements for that matter,to determinethe value of my
rightsunderthe agreements),herebydisclaimanyintentto seekany suchdamages this
I
in
actionandelectnow not to seekany suchdamages. am prepared enterinto a binding
I
to
stipulation
limiting my damages thosesetforth herein.
to
8.

that
Finally, I alsounderstand OmarandMoubarak arguingthat the causes
are
of

actionthat I separately
havepled against
themfor their involvement the emailhackingscheme
in
alsoshouldbe dismissed favor of arbitration.I neveragreed arbitrationof any subject
in
to
with
theseDefendants
muchlessto arbitrate
issues
arisingfrom their involvement hackingmy
in
privateandconfidential
emails.

9.

I am prepared testify underoathconcerning factssetforth herein.
to
the

Executed:
December
17,2009
LosAngeles,
California

Bassam Alghanim
Y.