Case 2:18-cv-03466-DMG-SK Document 1-3 Filed 04/25/18 Page 1 of 4 Page ID #:226 1 2 3 4 5 6 7 8 Christopher J. Lovrien (State Bar No. 230546) Email: cjlovrien@JonesDay.com Brian Hershman (State Bar No. 168175) Email: bhershman@JonesDay.com JONES DAY 555 South Flower St. Fiftieth Floor Los Angeles, CA 90071 Telephone: (213) 489-3939 Facsimile: (213) 243-2539 Attorneys for Defendants AHMED AL-RUMAIHI & AYMAN SABI 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION 12 13 14 15 16 17 18 19 20 21 BIG3 LLC, a limited liability company; CASE NO. 2:18-cv-3466 O'Shea Jackson a/k/a Ice Cube, an individual; and Jeff Kwatinetz, an DECLARATION OF AHMED ALindividual; RUMAIHI IN SUPPORT OF NOTICE OF REMOVAL OF Plaintiffs, CIVIL ACTION PURSUANT TO 28 U.S.C. §§ 1332, 1441, AND 1446 v. FAC Filed: April 6, 2018 Ahmed Al-Rumaihi, an individual; Faisal Al-Hamadi, an individual; Hearing Date: Ayman Sabi, an individual; Sheikh Abdullah bin Mohammed bin Sau Al Time: Thani, an individual and as CEO of Qatar Investment Authority; DOES 1100 22 Defendants. 23 24 I, Ahmed Al-Rumaihi, declare as follows in support of removal: 25 1. 26 I have direct and personal knowledge of the facts set forth herein based on my recollection, personal experience, and my review of business records related 27 28 DECLARATION OF AHMED AL-RUMAIHI ISO NOTICE OF REMOVAL OF ACTION - CASE NO. Case 2:18-cv-03466-DMG-SK Document 1-3 Filed 04/25/18 Page 2 of 4 Page ID #:227 1 to this case, and, if called and sworn as a witness, I could and would competently 2 testify to the fact set forth herein.1 3 2. I am one of three members of Sport Trinity, LLC (“Sport Trinity”), a 4 limited liability company organized under the laws of the state of Delaware. The 5 other two members of Sport Trinity are Ayman Sabi and Faisal Al-Hamadi. 6 3. Faisal Al-Hamadi, Sheikh Abdullah bin Mohammed bin Sau Al Thani, 7 and Akbar Al Baker are, and always have been, citizens of Qatar. To my 8 knowledge, they are not, and never have been, lawful permanent residents of the 9 United States or domiciled anywhere in the United States. 10 4. I am, and always have been, a citizen of Qatar, where I have 11 established my permanent home and intend to remain indefinitely. I understand 12 Qatar to be my domicile. 13 14 15 16 17 5. I am not, and never have been, a United States citizen or domiciled anywhere in the United States. 6. Although I am a holder of a B-1 visa, I am not, and never have been, a lawful permanent resident of the United States. 7. Although my family and I have recently leased rental properties in 18 California, I typically stay in New York City, New York and Washington, D.C. 19 when visiting and working in the United States. 20 8. I am not, and never have been, a permanent resident of the state of 21 California, the state of New York, or the District of Columbia, nor have I ever 22 considered California, New York, or the District of Columbia to be my domicile. 23 9. Sport Trinity has never been affiliated in any way with BIG3 LLC. 24 10. I personally have never been affiliated in any way with BIG3 LLC. 25 11. To my knowledge, no other defendant in this action has ever been 26 27 28 affiliated with BIG3 LLC. Capitalized terms not defined herein have the meaning attributed to them in the Notice of Removal. 1 2 DECLARATION OF AHMED AL-RUMAIHI ISO NOTICE OF REMOVAL OF ACTION - CASE NO. Case 2:18-cv-03466-DMG-SK Document 1-3 Filed 04/25/18 Page 3 of 4 Page ID #:228 12. 1 On July 14, 2017 Sport Trinity made a substantial investment in BIG3 2 Basketball LLC to obtain a 15.03% membership interest in the company. At that 3 time, I was designated by Sport Trinity as a member of the Board of Managers for 4 BIG3 Basketball LLC. Ayman Sabi was designated as a Board Observer of BIG3 5 Basketball LLC. 6 13. Since before the Complaint was filed in the Superior Court of 7 California on April 5, 2018, BIG3 Basketball LLC and its members have purported 8 to oust Sport Trinity from the company. Since that time, BIG3 Basketball LLC has 9 maintained that Sport Trinity never had any membership interest in the company, 10 that I am not a member of the Board of Managers, and that Ayman Sabi is not a 11 Board Observer. 12 14. On April 6, 2018, Sport Trinity served a demand for books and records 13 on BIG3 Basketball LLC, which was signed by Ayman Sabi and me. The demand 14 included Sport Trinity’s grievances against the BIG3 Basketball LLC, including the 15 gross mismanagement and erratic behavior of plaintiff Jeff Kwatinetz. 15. 16 On April 11, 2018, BIG3 Basketball LLC responded to Sport Trinity’s 17 demand by refusing Sport Trinity’s request to access books and records of the 18 company claiming that Sport Trinity “(1) owns no Class A Units in BIG3 and (2) is 19 not a member of BIG3.” 16. 20 21 I consent to and join in the removal of the Superior Court action to federal court. 22 23 // 24 // 25 // 26 // 27 28 3 DECLARATION OF AHMED AL-RUMAIHI ISO NOTICE OF REMOVAL OF ACTION - CASE NO. Case 2:18-cv-03466-DMG-SK Document 1-3 Filed 04/25/18 Page 4 of 4 Page ID #:229 2 3 I declare under the penalty of perjury and under the laws of the United States of America that the foregoing is true and correct. 4 5 Executed this Q '-(J~ day of April, 2018, at--=-------.:..~- - = - - - - - - - 6 7 8 9 10 JI 12 (_ 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF AHMEDAL-RUMAIHI ISO NOTICE OF REMOVAL OF ACTION. CASE NO