Free Affidavit - District Court of Delaware - Delaware

Case 1 :04-cv-01482-GIVIS Document 48-14 Filed 03/31/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVIS INTERNATIONAL, LLC, HOLDEX, LLC,:
FOSTON MANAGEMENT, LTD, and :
OMNI TRUSTHOUSE, LTD, :
Piaintirrs, Z
v. No. O4-1482-GMS
NEW START GROUP CORP., VENITOM CORP.,i
PAN-AMERICAN CORP., MDM BANK, :
URAL·GORNO METALURAGICAL COMPANY;
EVRAZ HOLDING, MIKHAIL CHERNOI, :
OLEG DERIPASKA, ARNOLD KISLIN, :
MIKHAIL NEKRICH, and ISKANDER :
MAKMUDOV, :
Defendants.
DECLARATION OF JOEL B. KLEINMAN
JOEL B. KLEINMAN declares as follows:
I. I am a member ofthe Bars ofthe State of New York and the District of
Columbia and a partner in the law iirm of Dickstein Shapiro Morin & Oshinsky LLP,
counsel for Defendant MDM Bank. I submit this Declaration in support of the
Defendants’ motions to dismiss the Complaint. MDM Bank joins in those motions.
2. In connection with the motion to dismiss on forum non conveniens
grounds, and as a condition to dismissal on such grounds, MDM Bank hereby agrees:
(a) to consent to the jurisdiction ofthe Russian courts in any
action tiled by Plaintiffs alleging the same or similar claims
asserted in the Complaint;
(b) to produce any relevant documents or witnesses in Russia;
(c) to consent to any venue in Russia that may be selected by
Plaintiffs; and
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Case 1:04—cv—01482-GI\/IS Document 48-14 Filed 03/31/2005 Page 2 of 2
(cl) to waive any defense based on any statute of limitations
which may have expired after the filing of the Complaint
herein (November 4, 2004) until 90 days after judgment in
this case becomes final.
I declare under penalty of perjury that the foregoing is true and correct. Executed
on March 24, 2005.
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JGEL B. KLEINMAN
moiszm
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