Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01483-GMS

Document 36

Filed 07/29/2005

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David L. Finger, Resident, Wilmington office: One Commerce Center, 1201 Orange St., Suite 725 Wilmington, Delaware 19801-1155 Ph: (302) 884-6766 Fax: (302) 984-1294 E-mail: [email protected] www.delawgroup.com

July 29,2005 Via E-Filing The Honorable Gregory M. Sleet United States District Court for the District of Delaware 844 King Street, Lockbox 19 Wilmington, DE 19801 Re: Davis International LLC, et al. v. New. Start Group Corp., et al., Case NOS.04-1482 & 04-1483 (GMS)

Dear Judge Sleet:

I am writing to update the Court about a material developnlent that has occurred since the parties briefed the motion to dismiss on estoppel grounds.
As Your Honor may recall, plaintiffs have taken the position that Russia is an inadequate forum because of threats made on the lives by their principals and key witnesses, Joseph Traum and Jalol Khaidarov, by Vyacheslav Ivankov (afkla "Yaponchik"), a leader in the Russian-American mafia and agent of certain Defendants. Mr. Ivankov had been transferred from the United States after he served his prison term for extortion here to Russia, where he was held in custody for murder charges. As Plaintiffs predicted, Mr. Ivankov has been freed from prison, apparently due to the understandable unwillingness of witnesses to testify against him. See "Reputed Mob Boss Acquitted In Moscow, " LOSANGELES TIMES, July 19,2005 (attached as Exhibit "1"); "Jury Acquits Yaponchik of Murder," THE MOSCOW TIMES,July 19,2005 (attached as Exhibit "2"). In light of Mr. Ivankov's threats and release from prison, there are no circumstances by which Plaintiffs' key witnesses will go to Russia. Respectfully,

Case 1:04-cv-01483-GMS

Document 36

Filed 07/29/2005

Page 2 of 2

The Hon. Gregory M. Sleet July 28,2005

2 cc: Clerk of the Court (via e-filing, wlenc.) Charles M. Oberly, 111, Esq. (via e-filing, wlenc.) Collins J. Seitz, Jr., Esq. (via e-filing, wlenc.) William M. Lafferty, Esq. (via e-filing, wlenc.) Richard I.G. Jones, Esq. (via e-filing, w.enc.)