MEMORANDUM & ORDER Plaintiff Suedrohrbau Saudi Co. Ltd. (“SRB”) initiated this action against defendants Riad Bazzi and his wife, Souad (the “Bazzis”).1 SRB alleged violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and asserted additional claims based in New York State law. The complaint invoked two bases for this Court’s jurisdiction: federal-question and diversity. In my order of March 16, 2021, I dismissed the RICO claim because of the Complaint’s failure to allege a domestic injury. Federal-question jurisdiction therefore dissipated. Before proceeding to reach Plaintiff’s state-law claims, I raised sua sponte the question of whether diversity jurisdiction truly lies between the parties. Following supplemental briefing, I held an evidentiary hearing on April 28, 2021. For the following reasons, I now conclude that diversity jurisdiction is lacking because the Bazzis were United States citizens domiciled abroad when the Complaint was filed. I decline to exercise supplemental jurisdiction over SRB’s state claims, given the lack of any remaining federal question, and therefore dismiss the case. I. Factual Background The parties’ dispute over diversity jurisdiction centers on the Bazzis’ intentions; the parties do not (by and large) dispute the facts regarding the Bazzis’ actual movements from country to country. The following facts are taken from testimony at the evidentiary hearing and documentary evidence submitted by both parties. The Bazzis, their daughters, and Heiko Koop (Riad’s former boss at SRB) testified at the hearing. Where a factual question is contested, I indicate as much below. To the extent I make a credibility determination or otherwise decide a contested fact, I indicate that explicitly. Riad and Souad Bazzi were born in Lebanon in 1955 and 1956, respectively. Riad Bazzi Aff. (“Riad Aff.”) 1, ECF No. 30-1; Souad Bazzi Aff. (“Souad Aff.”) 1, ECF No. 30-2. They met in Beirut and were married in 1982. Hearing Transcript dated April 28, 2021 (“Tr.”) 7:12-17, ECF No. 58. Shortly thereafter, they moved to Saudi Arabia, where Riad was then working (for a company other than SRB). Tr. 7:18-8:5. The Bazzis have three daughters; their eldest, Lama, was born in Lebanon and their younger daughters, Dana and Maha, were born in Saudi Arabi. Riad Aff. 11. In 2001, Souad returned to Lebanon with her daughters so they could attend high school there. Tr. 8:24-9:6; 123:9-11. Riad continued to work in Saudi Arabia, but visited his family in Lebanon often. Tr. 75:10-25. In 2007, the Bazzis and two of their daughters, Dana and Maha, applied for U.S. immigrant visas as a family.2 Tr. 73:4-7; Pl.’s Hr’g. Ex. 15, ECF No. 54-2. Lama did not apply because she exceeded the age requirement for a family petition, but she moved to the U.S. in 2009 to work as a medical resident at the SUNY Downstate Medical Center in Brooklyn. Tr. 21:2-25; 83:10-12. In explaining the decision to seek residency in the U.S., Souad testified that she wanted it “mainly for my daughters,” so they would have “a better future” and could “live in a stable country.” Tr. 68:6-11. Their immigrant visa applications were granted in 2008, Tr. 76:13-14, but the Bazzis did not immediately travel to the U.S. They purchased a fourbedroom apartment in Beirut (the “Beirut apartment”) in 2009, which they still own. Riad Aff. 4 and Exhibit B (proof of residence in Lebanon); Tr. 16:6-7. Riad and Souad started spending time in the United States in 2009, staying in short-term rentals. Tr. 61:23-62:1. In 2011, however, Lama had become “seriously sick” and the Bazzis “needed to be around her more.” Tr. 62:9-12; see also Souad Aff. 11. The Bazzis purchased a two-bedroom apartment on Grand Army Plaza in Brooklyn (the “Brooklyn apartment”) in June of 2011. Riad Aff. 12; Tr. 19:6-13. Souad considered the Brooklyn apartment a “pied-a-terre.” Tr. 18:16-20. Maha moved to the U.S. in 2011, and Dana followed in 2012. Tr. 102:1-5; 143:18-21. While living in Brooklyn, the Bazzis applied to become U.S. citizens because their green cards were “going to expire in 2018.” Tr. 67:19-22. Souad testified that they planned to return to Lebanon as soon as the citizenship applications were granted. Tr. 113:18-25. They became U.S. citizens in July 2019, though they retained their Lebanese citizenship. Riad Aff.
