Posted in: commodities-and-mining
RE: Frontera Archive23 Oct 2019 03:07
Posted by Earsbern on the 21st October :-
Extension for time
TO THE HONORABLE JUDGE:
COMES NOW Plaintiff Outrider Master Fund, LP (“Plaintiff”) and files this, its Motion
for Extension of Time for service upon Defendant Zaza Mamulaishvili (“Mamulaishvili”),
respectfully stating as follows:
I. BACKGROUND
1. Plaintiff filed its Original Complaint against Defendants Steve C. Nicandros
(“Nicandros”) and Mamulaishvili on July 23, 2019.
2. On July 24, 2019, the Court filed its Order Setting Conference with instructions for
Plaintiff’s counsel to serve Defendants Nicandros and Mamulaishvili within ninety days from the date
the Complaint was filed (Dk. 2).
3. On August 5, 2019, Summons were issued for Defendants Nicandros and
Mamulaishvili. Defendant Nicandros was served with Plaintiff’s Original Complaint at his residence
in Houston, Texas, on September 11, 2019.
4. Mamulaishvili is an individual resident of the country Republic of Georgia. The Republic of Georgia is not a signatory to the Hague Convention on Service Abroad of Judicial and
Extrajudicial Documents, Inter-American Convention on Letters Rogatory and Additional Protocol,
nor any other applicable treaty. As a result, Plaintiff has attempted to serve Mamulaishvili in
accordance with Federal Rule of Civil Procedure 4(f)(2)(c)(ii) by registered mail, international return
receipt requested.
5. On August 12, 2019, Plaintiff mailed a copy of the Summons and Original Complaint to
Mamulaishvili’s place of business in the Republic of Georgia at 12 Paliashvili Street, Tbilisi 0179,
Republic of Georgia. A true and correct copy of the registered mail receipt for this mailing is
attached hereto as Exhibit “A” and incorporated herein by reference.
6. However, as of October 21, 2019, the United States Postal Service reports only that the
Summons and Original Complaint have arrived in Tbilisi, Georgia and are “in transit” to the
destination at Mamulaishvili’s place of business. Plaintiff has diligently tried to serve Mamulaishvili
within the initial ninety day period and obtain updates regarding the status of delivery of these
documents to Mamulaishvili, but has been unable to obtain information or detail beyond this finding.
7. Because Mamulaishvili resides in a foreign country, effecting service upon him has
been difficult and not yet successful. As a result, Plaintiff asks the Court for a thirty day extension to
serve Mamulaishvili after expiration of the initial ninety day period, which is set to end on October 22, 2019.
II. PRAYER
WHEREFORE PREMISES CONSIDERED, Plaintiff respectfully requests that this Court
grant this Motion for Extension of Time, and extend the deadline to serve for approximately 60
additional days, until on or about December 20, 2019.