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Reddy v. Buttar

United States District Court, W.D. North Carolina, Charlotte Division

May 14, 2019

RACHAN DAMIDI REDDY, Plaintiff,
v.
RASHID A. BUTTAR, Defendant.

          ORDER

          Frank D. Whitney Chief United States District Judge.

         THIS MATTER is before the Court on Defendant Rashid A. Buttar's Motion to Dismiss Plaintiff's Petition to Confirm Foreign Arbitral Award (Doc. No. 8) pursuant to Rules 12(b)(2) and (12)(b)(3) of the Federal Rules of Civil Procedure. For the reasons below, Defendant's Motion to Dismiss is DENIED.

         I. FINDINGS OF FACT [1]

         A. Foreign Arbitration Award

         1. This action arises out of a foreign arbitral award based on an alleged breach of a Short Sale and Purchase Agreement by Buttar. (Doc. No. 1, p. 2).

         2. The agreement provided that any disputes arising out of or in connection with the contract shall be arbitrated in accordance with the Arbitration Rules of Singapore International Arbitration Centre (“SIAC Rules”). (Doc. No. 1, p. 2).

         3. On April 10, 2015, the SIAC handed down its Final Award in favor of Plaintiff as follows:

“The [Defendant] is ordered to repay in full to [Plaintiff] the monies previously paid to [Defendant] by the [Plaintiff] amounting to U.S. $1, 550, 000.00” plus interest at the rate of 5.33% per annum from the date of the commencement of the Arbitration to the date of the Award. (Doc. No. 1, p. 2-3). The SIAC furthered awarded Plaintiff $381, 479.34 in legal fees and disbursements; $26, 550.68 in expert witness fees; $7, 231.96 in other miscellaneous expenses; and $79, 439.80 for the costs of the arbitration. Id.

         4. Plaintiff seeks confirmation of the arbitration award issued under the New York Convention. (Doc. No. 1).

         B. Residence

         5. From at least 1996 until June or July of 2016, Buttar was domiciled in Mecklenburg, North Carolina. (Doc. No. 38-2, pp.1-2); (Doc. No. 38-3, pp. 1-2); (Doc. No. 38-4); (Doc. No. 39, p. 4).

         6. Buttar started a family in North Carolina, and Buttar's family remains in North Carolina. (Doc. No. 38-3, pp. 2-3); (Doc. No. 38-5. p. 1).

         7. Buttar has maintained multiple North Carolina addresses as his place of residence. (Doc. No. 13, pp. 2-4).

         8. Buttar was issued a Resident Visa on January 11, 2016. (Doc. No. 21-1, p. 34).

         9. In mid-December 2017, however, Buttar and his attorney signed and submitted a Consent Order in Buttar's state court matter containing certain “Findings of Fact, ” including that, as of December 19, 2017, Buttar and his wife “are citizens and residents of Mecklenburg County, North Carolina.” (Doc. No. 38-5, pp. 1, 3). The Consent Order identified 14316 Beatties Ford Road, Huntersville, NC 28078 as Buttar's present address. Id. at 3.

         10. In April 16, 2018, Buttar's attorney in his state court matter filed a Motion to Withdraw as Counsel, identifying Buttar's “current mailing address” as 14316 Beatties Ford Road, Huntersville. (Doc. No. 38-6, p. 1).

         11. Buttar was issued a Permanent Resident Visa on November 1, 2018, (Doc. No. 24-1, pp. 35-36), approximately seven months after the petition was filed.

         12. To obtain a Permanent Resident Visa, Buttar was required to remain in the country for at least 184 days for two consecutive years. (Doc. No. 39-5).

         13. However, there are no leases or purchase documents associated with Buttar's move to New Zealand. (Doc. No. 38-7, p. 10); (Doc. No. 38-11).

         C. Voting Registration

         14. Buttar is registered to vote in North Carolina and voted absentee in the November 2016 presidential election. (Doc. No. 13-2, p. 13).

         D. Place of ...


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