Chassin Holdings Corporation v. Formula VC Ltd., et al

Filing 17

ORDER GRANTING 16 Stipulation to withdraw: 15 MOTION For An Order Allowing Defendant Renata Akhunova To Be Served (1) By Email, Or (2) By Email And Publication, 13 MOTION for Entry of Default Against Defendants Formula VC Fund I GP, L.P. and Formula VC Ltd. Signed by Judge Maria-Elena James on 7/21/2015. (cdnS, COURT STAFF) (Filed on 7/21/2015)

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Jud

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a James

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a-Elen
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Leonard Grayver (SBN 211678)
GREENBERG WHITCOMBE TAKEUCHI
GIBSON GRAYVER, LLP
21515 Hawthorne Boulevard, Suite 450
Torrance, CA 90503
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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LI

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Attorneys for Plaintiff

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Roberto J. Kampfner (SBN 179026)
WHITE & CASE LLP
633 West Fifth Street, Suite 1900
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants

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D IS T IC T O
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CHASSIN HOLDINGS CORPORATION, a
British Virgin Islands business company,

Case No. 15-02294-MEJ
STIPULATION REGARDING
SERVICE OF COMPLAINT AND
SUMMONS ON ALL DEFENDANTS
AND COMMON DEADLINE FOR
FILING A RESPONSIVE
PLEADING; NOTICE OF
WITHDRAWAL OF REQUEST FOR
ENTRY OF DEFAULT AND
MOTION FOR ALTERNATIVE
SERVICE

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Plaintiff,
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v.
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FORMULA VC FUND I GP, L.P., a Cayman
Islands limited partnership; FORMULA VC
LTD., a Cayman Islands exempted company;
and RENATA AKHUNOVA, an individual,
Defendants.

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-1STIPULATION
CASE NO: 15-02294-MEJ

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RECITALS

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WHEREAS Plaintiff Chassin Holdings Corporation (“Chassin”) commenced the above

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captioned action (the “Action”) on May 21, 2015 by filing the Complaint for Violation of SEC

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Rule 10b-5; Breach of Contract; Deceit; Fraud in the Sale of Securities; Breach of Fiduciary

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Duty; Violation of Cal. Bus. Prof. Code § 17200; and Ancillary Relief [D.I. 1] (the

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“Complaint”); and

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WHEREAS, on June 4, 2015, Chassin caused Defendants Formula VC Fund I GP, L.P.

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(“Formula GP”) and Formula VC Ltd. (“Formula Ltd.”) to be served, through their registered

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agent, with the Complaint, summons, and all other documents required to be served pursuant to

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all applicable federal and local rules (together, the “Service Package”); and

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WHEREAS, between May 28 and June 7, 2015, a process server engaged by Chassin
attempted service on Defendant Renata Akhunova at her last known addresses; and
WHEREAS on or about June 5, 2015, Chassin further caused the Service Package to be
sent to Defendant Renata Akhunova at her last known email addresses; and
WHEREAS, on or about June 8, 2015, Chassin further sent a request for waiver of

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service of process to Defendant Renata Akhunova at her last known email addresses, which

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request for waiver of service of process was not returned; and

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WHEREAS Defendant Renata Akhunova retained the undersigned Leonard Grayver for
all purposes in the above captioned matter on or prior to June 10, 2015; and

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WHEREAS Leonard Grayver contacted counsel to Chassin on June 10, 2015 and

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informed counsel to Chassin that he was engaged to represent only Defendant Renata Akhunova

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in the Action and was not authorized to accept service on Ms. Akhunova’s behalf; and

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WHEREAS on July 16, 2015 Chassin filed its Request to Enter Default Against

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Defendants Formula VC Fund I GP, L.P. and Formula VC Ltd. [D.I. 13] (the “Default Request”)

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and Plaintiff’s Motion for an Order Allowing Defendant Renata Akhunova to be Served (1) by

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Email, or (2) by Email and Publication [D.I. 15] (the “Service Motion”); and

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WHEREAS on July 16, 2015, Mr. Grayver contacted counsel to Chassin and informed
-2STIPULATION
CASE NO: 15-02294-MEJ

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such counsel that Mr. Grayver had been retained by Defendants Formula LP and Formula Ltd.

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and requested that the deadline for such Defendants to file a responsive pleading, which passed

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on June 25, 2015, be fixed at a future date to permit such Defendants to respond; and

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WHEREAS Mr. Grayver has since been authorized by Defendant Renata Akhunova to

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accept service on her behalf and, on July 20, 2015, did accept service of the Service Package on

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Ms. Akhunova via email; and

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NOW, THEREFORE, in consideration of the foregoing premises, and intending to be

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legally bound hereby, the parties, through their duly authorized undersigned counsel, hereby

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stipulate and agree as follows:
STIPULATION

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A.

Each of the recitals set forth herein is true and correct.

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B.

The Defendants acknowledge that Formula GP, Formula Ltd., and Renata

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Akhunova have been properly served with the Service Package and waive any and all challenges

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to the sufficiency of such service; and

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C.

The date by which the Defendants must file a responsive pleading to the

Complaint is hereby fixed as August 14, 2015; and
D.

The Default Request and the Alternative Service Motion are hereby withdrawn by

Chassin without prejudice.

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-3STIPULATION
CASE NO: 15-02294-MEJ

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DATED: July 20, 2015

WHITE & CASE LLP

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By: /s/ Roberto J. Kampfer

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Roberto J. Kampfner
Attorneys for Plaintiff

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GREENBERG WHITCOMBE TAKEUCHI
GIBSON GRAYVER, LLP

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By: /s/ Leonard Grayver

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Leonard Grayver
Attorneys for Defendants

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Pursuant to Civil L.R. 5-1(i)(3), I, Roberto J. Kampfner, attest that Leonard Grayver authorized

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me to electronically sign his name and file the above Stipulation via email received at 6:40 p.m.

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PST on July 20, 2015.

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By: /s/ Roberto J. Kampfner
Roberto J. Kampfner
Attorneys for the Plaintiff

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-4STIPULATION
CASE NO: 15-02294-MEJ