RITLABS, S.R.L. v. RITLABS, Inc. et al, No. 1:2012cv00215 - Document 134 (E.D. Va. 2012)

Court Description: MEMORANDUM OPINION re: 103 Pltf's Amended Motion for Summary Judgment and 78 Defts' Motion for Partial Summary Judgment. Signed by District Judge Anthony J Trenga on 08/09/2012. (kbro)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION RITLABS, S.R.L., ) Plaintiff/Counter-Defendant, ) No. l:12-cv-215(AJT/IDD) v. RITLABS, Inc., ) and SERGHEI DEMCENKO, ) Defendants/Counter-Claimants. ) MEMORANDUM OPINION Plaintiff RitLabs, S.R.L. (or "SRL") is an Internet technology and software provider that was formed in 1998 as a limited liability company under the laws of the Republic of Moldova, with its principal place of business in Chisinau, Moldova. See Compl. at f 8-9; see generally Articles of Association of "RitLabs" LLC [Doc. No. 1-4]. It has developed, sold, and distributed several software products throughout the world, including in the United States, and currently employs 18 full time employees, all located in Moldova. SRL's original organizers were Maxim Masiutin, Stefan Tanurcov, and Defendant Serghei Demcenko, who pursuant to SRL's Articles of Association, were to be the sole members of the company, with Masiutin and Tanurcov each holding a 30% share in the company and Demcenko holding a 40% share. Id. at ^ 3.2. Pursuant to SRL's Articles of Association, each member was to contribute a percentage of the initial capital investment of 5400 lei (the currency of Moldova; singular, "leu"), equivalent to that member's percentage share in the company. Id. From SRL's inception in 1998 until his disputed removal by Masiutin and Tanurcov on December 12,2011, Demcenko served as

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