The opinion of the court was delivered by: ZLOCH
WILLIAM J. ZLOCH, UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court upon Plaintiff, Sarkis Soghanalian's, Motion To Dismiss For Lack Of Subject Matter Jurisdiction, Or Alternatively, Based Upon Forum Non Conveniens (DE 247); Defendant, Zaven Soghanalian's, Motion To Dismiss Counter-Counterclaim And Memorandum Of Law (DE 266); Defendants, Zaven Soghanalian and Raymond L. Garavito's, Motion For Contempt (DE 249); Plaintiff, Sarkis Soghanalian's, Motion To Strike Defendants' Motion For Contempt And Memorandum In Support Thereof (DE 268); Plaintiff, Sarkis Soghanalian's, Motion To Strike And Memorandum In Support Thereof (DE 275); and Plaintiff, Sarkis Soghanalian's, Motion To Strike And Memorandum Of Law In Support Thereof (DE 276).
In making the following Findings of Fact and Conclusions of Law, the Court has carefully considered the aforementioned Motions, the attached exhibits and the oral argument of able counsel for each side.
1. The Plaintiff, Sarkis Soghanalian ("Sarkis"), filed a Complaint for the intentional infliction of emotional distress (DE 1) against Defendants, Zaven Soghanalian and Raymond Garavito.
2. The Defendant, Zaven Soghanalian ("Zaven"), filed a Counterclaim for breach of partnership agreement, action on order of payment, conversion, alternative claim of quantum meruit and a claim for constructive trust (DE 51) against Plaintiff, Sarkis Soghanalian.
3. The Plaintiff, Sarkis Soghanalian, filed a Counter-Counterclaim alleging civil theft and a claim for constructive trust (DE 236) against Defendant, Zaven Soghanalian.
4. In all of the claims, jurisdiction is predicated upon diversity of citizenship, 28 U.S.C. Section 1332.
5. This is an action for damages which exceeds Ten Thousand $ 10,000.00 Dollars, exclusive of interest and costs.
6. Plaintiff, Sarkis, is a citizen of Lebanon and a resident of Dade County, Florida.
7. Defendant, Raymond Garavito, is alleged, upon information and belief, to be a citizen of the State of Florida.
8. Defendant, Zaven, is alleged, upon information and belief, to be a citizen of the State of New York.
9. The Defendant, Zaven, stated in a deposition held on August 18, 1987 that in 1984, at the time the lawsuit was filed, his residence and domicile were Geneva, Switzerland. This response was further clarified in the next day of the deposition, August 19, 1987, when Zaven was asked if he understood ". . . essentially domicile means that that's the place that you intend to return to when you leave, that's where you are going back to and consider your home?" Zaven responded affirmatively and stated that in 1984 until now that place was Geneva, Switzerland. Furthermore, in a deposition taken on December 17, 1985, Zaven gave his present address as Geneva, Switzerland and stated the total number of days spent in New York last year was "maximum 20 days, 25 ...