Jysan Holding, LLC et al v. Republic of Kazakhstan et al, No. 2:2023cv00247 - Document 13 (D. Nev. 2023)
Court Description: ORDER Granting 12 Motion to Reissue Summonses. Signed by Magistrate Judge Cam Ferenbach on 2/28/2023. (Copies have been distributed pursuant to the NEF - TRW)
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Jysan Holding, LLC et al v. Republic of Kazakhstan et al Doc. 13 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 1 of 16 1 J. Stephen Peek (1758) Erica C. Medley (13959) 2 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor 3 Las Vegas, NV 89134 Tel: 702.669.4600 4 Fax: 702.669.4650 speek@hollandhart.com 5 ecmedley@hollandhart.com HOLLAND & HART LLP 9555 HILLWOOD DRIVE, 2ND FLOOR LAS VEGAS, NV 89134 6 Tariq Mundiya (pro hac vice) 7 Jeffrey B. Korn (pro hac vice) WILLKIE FARR & GALLAGHER LLP 8 787 Seventh Avenue New York, New York 10019 9 (212) 728-8000 tmundiya@willkie.com 10 jkorn@willkie.com 11 Michael J. Gottlieb (pro hac vice) WILLKIE FARR & GALLAGHER LLP 12 1875 K Street, NW Washington, DC 20006 13 (202) 303-1000 mgottlieb@willkie.com 14 Attorneys for Plaintiffs 15 Jysan Holding, LLC; and 16 Jusan Technologies Ltd. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 17 18 JYSAN HOLDING, LLC, a Nevada Limited 19 Liability Company; JUSAN TECHNOLOGIES LTD, an England and 20 Wales Limited Company; 21 22 v. Case No.: 2:23-CV-00247-JAD-VCF MOTION TO REISSUE SUMMONSES Plaintiffs, REPUBLIC OF KAZAKHSTAN, a foreign 23 sovereign state; THE AGENCY FOR REGULATION AND DEVELOPMENT OF 24 THE FINANCIAL MARKET OF THE REPUBLIC OF KAZAKHSTAN, a 25 Kazakhstan Government agency; THE ANTI26 CORRUPTION AGENCY OF THE REPUBLIC OF KAZAKHSTAN, a 27 Kazakhstan Government anti-corruption agency ; THE FINANCIAL MONITORING 28 AGENCY OF THE REPUBLIC OF 1 Dockets.Justia.com Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 2 of 16 1 KAZAKHSTAN, a Kazakhstan Government agency; THE COMMITTEE FOR 2 NATIONAL SECURITY OF KAZAKHSTAN, a Kazakhstan Government 3 intelligence agency; MADINA ABYLKASSYMOVA, an individual; 4 OLZHAS KIZATOV, an individual; ARMAN OMARBEKOV, an individual; and 5 ADILBEK DZHAKSYBEKOV, an individual, 6 Defendants. 7 8 Plaintiffs Jysan Holding, LLC (“Jysan Holding”) and Jusan Technologies Ltd. (“JTL”) 9 (collectively, “Plaintiffs”), in accordance with Fed. R. Civ. P. 4(j)(1) and 28 U.S.C. § 1608, 10 hereby move to reissue summonses as to Defendants Republic of Kazakhstan, the Agency for HOLLAND & HART LLP 9555 HILLWOOD DRIVE, 2ND FLOOR LAS VEGAS, NV 89134 11 Regulation and Development of the Financial Market of the Republic of Kazakhstan, the Anti12 Corruption Agency of the Republic of Kazakhstan, the Financial Monitoring Agency of the 13 Republic of Kazakhstan, and the Committee for National Security of Kazakhstan (collectively, 14 “Foreign State Defendants”). This Motion to Reissue Summonses (“Motion”) is based on the 15 attached Memorandum of Points and Authorities and the exhibits attached thereto. 16 DATED this 24th day of February 2023. 17 HOLLAND & HART LLP 18 /s/ J. Stephen Peek J. Stephen Peek Erica C. Medley 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 19 20 21 Tariq Mundiya (pro hac vice) Jeffrey B. Korn (pro hac vice) WILLKIE FARR & GALLAGHER LLP 787 Seventh Avenue New York, New York 10019 22 23 24 26 Michael J. Gottlieb (pro hac vice) WILLKIE FARR & GALLAGHER LLP 1875 K Street, NW Washington, DC 20006 27 Attorneys for Plaintiffs 25 28 2 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 3 of 16 MEMORANDUM OF POINTS AND AUTHORITIES 1 I. 2 3 INTRODUCTION Plaintiffs move to reissue summonses as to the Foreign State Defendants to comply with 4 the enlarged timeframe of 60 days, rather than 21 days, provided under 28 U.S.C. § 1608(d). 5 Plaintiffs previously submitted—and the Clerk of Court issued—standard summons forms as 6 to all Defendants. To cure any potential deficiencies with service, Plaintiffs respectfully request 7 that the Court direct the Clerk of Court to reissue the summonses as to the five Foreign State 8 Defendants. II. 9 10 FACTS AND PROCEDURAL HISTORY On February 16, 2023, Plaintiffs filed their Complaint in this action. See ECF No. 1. Five HOLLAND & HART LLP 9555 HILLWOOD DRIVE, 2ND FLOOR LAS VEGAS, NV 89134 11 of the nine Defendants are considered either “[a] foreign state or its political subdivision, 12 agency, or instrumentality” under Fed. R. Civ. P. 4(j)(1). These Foreign State Defendants are 13 the Republic of Kazakhstan, the Agency for Regulation and Development of the Financial 14 Market of the Republic of Kazakhstan (“ARDFM”), the Anti-Corruption Agency of the 15 Republic of Kazakhstan (“AARK”), the Financial Monitoring Agency of the Republic of 16 Kazakhstan (“FMA”), and the Committee for National Security of Kazakhstan (“KNB”). See 17 ECF No. 1, ¶¶ 13–17. 18 On February 21, 2023, Plaintiffs submitted to the Court proposed summonses to be issued 19 to all Defendants using the standard form AO 440. See ECF No. 4. The next day, the Clerk of 20 Court issued the summonses. See ECF No. 5. Thereafter, Plaintiffs discovered the potential 21 confusion for the Foreign State Defendants if the summonses issued by the Clerk of Court listed 22 a deadline of 21 days to respond to service of summons and complaint, despite 23 28 U.S.C. § 1608(d), which provides a period of 60 days. Upon further research, Plaintiffs 24 discovered that some federal district courts, such as the Southern District of New York and the 25 District of Columbia, have standard summons forms to comply with 28 U.S.C. § 1608. See 26 Exhibit A. Accordingly, Plaintiffs file the instant Motion to Reissue Summonses to cure any 27 potential defects with service on the Foreign State Defendants and have proposed summonses 28 for the Foreign State Defendants. See Exhibit B. 3 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 4 of 16 III. 1 2 LEGAL ARGUMENT Federal Rule of Civil Procedure 4(j)(1) requires that service upon “[a] foreign state or its 3 political subdivision, agency, or instrumentality must” be done in accordance with 4 28 U.S.C. § 1608. Rather than the standard 21 days provided for in a summons in a civil action, 5 28 U.S.C. § 1608 requires that a foreign state and its political subdivisions, agencies, and 6 instrumentalities receive 60 days to serve an answer or other responsive pleading to the 7 complaint. See 28 U.S.C. § 1608(d). 8 Here, Plaintiffs request that the Court direct the Clerk of Court to reissue summonses as 9 to the Foreign State Defendants to comply with the requirements of 28 U.S.C. § 1608(d). In 10 furtherance of this request, Plaintiffs attach Exhibit A, which includes two examples of forms HOLLAND & HART LLP 9555 HILLWOOD DRIVE, 2ND FLOOR LAS VEGAS, NV 89134 11 from other federal district courts specifically tailored for 28 U.S.C. § 1608 and Exhibit B, which 12 comprises the proposed revised summonses for the District of Nevada and addressed to each of 13 the Foreign State Defendants. IV. 14 15 CONCLUSION Plaintiffs respectfully request that the Court direct the Clerk of Court to reissue 16 summonses as to the Foreign State Defendants, as proposed in Exhibit B. 17 DATED this 24th day of February 2023. HOLLAND & HART LLP 18 /s/ J. Stephen Peek J. Stephen Peek Erica C. Medley 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 19 20 21 22 Tariq Mundiya (pro hac vice) Jeffrey B. Korn (pro hac vice) WILLKIE FARR & GALLAGHER LLP 787 Seventh Avenue New York, New York 10019 23 24 IT IS SO ORDERED. 25 26 27 28 Michael J. Gottlieb (pro hac vice) WILLKIE FARR & GALLAGHER LLP 1875 K Street, NW Washington, DC 20006 ______________________________ Cam Ferenbach United States Magistrate Judge February 28, 2023 DATED ________________________ Attorneys for Plaintiffs 4 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 5 of 16 INDEX OF EXHIBITS 1 2 3 4 Exhibit Description A Examples of Summons Under 28 U.S.C. § 1608 1-5 B Proposed Summonses to Be Reissued 6 - 11 5 6 7 8 9 10 11 HOLLAND & HART LLP 9555 HILLWOOD DRIVE, 2ND FLOOR LAS VEGAS, NV 89134 Page No. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 6 of 16 EXHIBIT A Examples of Summonses Under 28 U.S.C. § 1608 EXHIBIT A Ex. Page No. 1 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 7 of 16 28 USC 1608 Summons 12/11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) Plaintiff v. Defendant Civil Action No. SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 60 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default may be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. ANGELA D. CAESAR, CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Ex. Page No. 2 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 8 of 16 86& 6XPPRQV 3DJH &LYLO $FWLRQ 1R PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) 7KLV VXPPRQV IRU (name of individual and title, if any) ZDV UHFHLYHG E\ PH RQ (date) u , SHUVRQDOO\ VHUYHG WKH VXPPRQV RQ WKH LQGLYLGXDO DW (place) RQ (date) RU u , OHIW WKH VXPPRQV DW WKH LQGLYLGXDO¶V UHVLGHQFH RU XVXDO SODFH RI DERGH ZLWK (name) D SHUVRQ RI VXLWDEOH DJH DQG GLVFUHWLRQ ZKR UHVLGHV WKHUH RQ (date) DQG PDLOHG D FRS\ WR WKH LQGLYLGXDO¶V ODVW NQRZQ DGGUHVV RU ZKR LV u , VHUYHG WKH VXPPRQV RQ (name of individual) GHVLJQDWHG E\ ODZ WR DFFHSW VHUYLFH RI SURFHVV RQ EHKDOI RI (name of organization) RQ (date) RU u , UHWXUQHG WKH VXPPRQV XQH[HFXWHG EHFDXVH RU u 2WKHU (specify): 0\ IHHV DUH IRU WUDYHO DQG IRU VHUYLFHV IRU D WRWDO RI 0.00 , GHFODUH XQGHU SHQDOW\ RI SHUMXU\ WKDW WKLV LQIRUPDWLRQ LV WUXH 'DWH Server’s signature Printed name and title Server’s address $GGLWLRQDO LQIRUPDWLRQ UHJDUGLQJ DWWHPSWHG VHUYLFH HWF Ex. Page No. 3 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 9 of 16 28 USC 1608 Summons IH 6 4/17 UNITED STATES DISTRICT COURT for the Southern District of New York ) ) ) ) ) ) ) Plaintiff v. D efendant C ivil A ction N o. SUMMONS IN A CIVIL ACTION To: (D efendant’s nam e and address) A lawsuit has been filed against you. Within 60 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default may be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of C lerk or D eputy C lerk Ex. Page No. 4 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 10 of 16 28 USC 1608 Summons (12/11) (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ’ I returned the summons unexecuted because ; or ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Ex. Page No. 5 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 11 of 16 EXHIBIT B Proposed Summonses to Be Reissued for Foreign State Defendants EXHIBIT B Ex. Page No. 6 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 12 of 16 28 U.S.C. 1608 - Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Nevada __________ District of __________ Jysan Holding, LLC; Jusan Technologies LTD Plaintiff(s) v. Republic of Kazakhstan et al. Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:23-CV-00247-JAD-VCF SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) The Republic of Kazakhstan c/o Mukhtar Tileuberdi, Minister of Foreign Affairs Ministry of Foreign Affairs of the Republic of Kazakhstan 31, D. Kunaev Street Astana, 010000 Republic of Kazakhstan A lawsuit has been filed against you. Within 60 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Stephen Peek Tariq Mundiya Erica C. Medley Jeffrey B. Korn Holland & Hart LLP Willkie Farr & Gallagher LLP 9555 Hillwood Dr., 2nd Fl. 787 Seventh Ave. Las Vegas, NV 89134 New York, NY 10019 Michael J. Gottlieb Willkie Farr & Gallagher LLP 1875 K Street, NW Washington, DC 20006 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Ex. Page No. 7 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 13 of 16 28 U.S.C. 1608 - Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Nevada __________ District of __________ Jysan Holding, LLC; Jusan Technologies LTD Plaintiff(s) v. Republic of Kazakhstan et al. Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:23-CV-00247-JAD-VCF SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) The Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan 21, Koktem-3 Almaty, 050040 Republic of Kazakhstan A lawsuit has been filed against you. Within 60 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Stephen Peek Tariq Mundiya Erica C. Medley Jeffrey B. Korn Holland & Hart LLP Willkie Farr & Gallagher LLP 9555 Hillwood Dr., 2nd Fl. 787 Seventh Ave. Las Vegas, NV 89134 New York, NY 10019 Michael J. Gottlieb Willkie Farr & Gallagher LLP 1875 K Street, NW Washington, DC 20006 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Ex. Page No. 8 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 14 of 16 28 U.S.C. 1608 - Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Nevada __________ District of __________ Jysan Holding, LLC; Jusan Technologies LTD Plaintiff(s) v. Republic of Kazakhstan et al. Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:23-CV-00247-JAD-VCF SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) The Anti-Corruption Agency of the Republic of Kazakhstan 37, Seifullin Street Astana, 010000 Republic of Kazakhstan A lawsuit has been filed against you. Within 60 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Stephen Peek Tariq Mundiya Erica C. Medley Jeffrey B. Korn Holland & Hart LLP Willkie Farr & Gallagher LLP 9555 Hillwood Dr., 2nd Fl. 787 Seventh Ave. Las Vegas, NV 89134 New York, NY 10019 Michael J. Gottlieb Willkie Farr & Gallagher LLP 1875 K Street, NW Washington, DC 20006 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Ex. Page No. 9 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 15 of 16 28 U.S.C. 1608 - Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Nevada __________ District of __________ Jysan Holding, LLC; Jusan Technologies LTD Plaintiff(s) v. Republic of Kazakhstan et al. Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:23-CV-00247-JAD-VCF SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) The Financial Monitoring Agency of the Republic of Kazakhstan 10, Beibitshilik Street Astana, 010000 Republic of Kazakhstan A lawsuit has been filed against you. Within 60 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Stephen Peek Tariq Mundiya Erica C. Medley Jeffrey B. Korn Holland & Hart LLP Willkie Farr & Gallagher LLP 9555 Hillwood Dr., 2nd Fl. 787 Seventh Ave. Las Vegas, NV 89134 New York, NY 10019 Michael J. Gottlieb Willkie Farr & Gallagher LLP 1875 K Street, NW Washington, DC 20006 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Ex. Page No. 10 Case 2:23-cv-00247-JAD-VCF Document 13 Filed 02/28/23 Page 16 of 16 28 U.S.C. 1608 - Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Nevada __________ District of __________ Jysan Holding, LLC; Jusan Technologies LTD Plaintiff(s) v. Republic of Kazakhstan et al. Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:23-CV-00247-JAD-VCF SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) The Committee for National Security of Kazakhstan 66, Syganak Street Astana, 010000 Republic of Kazakhstan A lawsuit has been filed against you. Within 60 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Stephen Peek Tariq Mundiya Erica C. Medley Jeffrey B. Korn Holland & Hart LLP Willkie Farr & Gallagher LLP 9555 Hillwood Dr., 2nd Fl. 787 Seventh Ave. Las Vegas, NV 89134 New York, NY 10019 Michael J. Gottlieb Willkie Farr & Gallagher LLP 1875 K Street, NW Washington, DC 20006 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Ex. Page No. 11
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