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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : DR. S. PRADHAN, et al. : : Civil Action No. DKC 2003-0228 EXEMPT FROM ECF : SALEM A. AL-SABAH, Ambassador, Embassy of Kuwait, et al. : MEMORANDUM OPINION Presently pending and ready for resolution are the following motions: (1) Defendants' motion to dismiss, or in the v.

alternative, for summary judgment and (2) Plaintiffs' motion for summary judgment. The issues have been fully briefed and the Local Rule

court now rules, no hearing being deemed necessary. 105.6.

For the reasons that follow, the court will (1) deny in

part and grant in part Defendants' motion to dismiss, or for summary judgment, and (2) deny Plaintiffs' motion for summary judgment. I. Background The following facts have been alleged by Plaintiffs or are uncontroverted. On September 1, 1998, Plaintiffs entered into

a lease agreement with Mr. Sameeh J. A. Hayat for the rental of residential property they owned in Bethesda, Maryland. times relevant to this action, Mr. Hayat was the At all Second

Secretary of the Embassy of the State of Kuwait.

The lease

agreement contained, by addendum, a diplomatic transfer clause, which required Mr. Hayat to provide sixty days written notice in the event that he was transferred out of the Washington, DC area for purposes of his employment. addendum to the lease was On September 28, 2001, another extending the lease

executed,

agreement for one year.

The addendum appears on "Embassy of the

State of Kuwait" letterhead, and is signed by Mr. Pradhan and Salem A. Al-Sabah, Ambassador to the Embassy of Kuwait. M r .

Hayat's rental of the property continued for a number of years for his personal use and without notable problem. However, when

Plaintiffs did not receive Mr. Hayat's rent for the month of July, they commenced a civil suit on July 10, 2002 in the District Court of Maryland, in Rockville, Maryland. Plaintiffs

sought a collection of rent and possession of property and a trial was set for July 21, 2002. On July 30, Mr. Hayat vacated

the rental property without notification and failed to return the house keys to Plaintiffs. Mrs. Pradhan, accompanied by her

brother, appeared for trial and attorney Hermina appeared on behalf of himself and Defendant Al-Sabah. Mr. John H. Hermina

also returned the missing house key to Mrs. Pradhan. According to Plaintiffs, Mr. Hayat left the rental property in extensively damaged condition. Plaintiffs also allege that

Attorney Hermina visited the rental property on July 31 to

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witness its condition.

Plaintiff sent an estimate of repairs to

Mr. Hermina and the Embassy of Kuwait and, upon receiving no response, filed a claim in the District Court of Maryland on November 18, 2002. Al-Sabah, The complaint names as Defendants Salem A. to the Embassy of Kuwait and John W.

Ambassador

Hermina, Counsel for the Embassy of Kuwait.

Plaintiffs seek

$13,038.39 for unpaid rent, late fees and property damage. On January 24, 2003, Defendants removed this matter to federal court pursuant to 28 U.S.C.

Download Dr. S. Pradhan, et al. v. Salem A. Al-Sabah (Memorandum.pdf

Maryland Law