Free Affidavit - District Court of Delaware - Delaware

Case 1 :04-cv-01482-GIVIS Document 48-13 Filed 03/31/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
-·——-—— -· —-—--———-——- ··-·— --————— -· ——-- ·— ——-·— -· —·—·——-- —-··—··-·- -———-— X
DAVIS INTERNATIONAL, LLC, HOLDEX, LLC,
FOSTON MANAGEMENT, LTD., and :
OMNI TRUSTHOUSE, LTD., : No. O4-1482-GMS
Plaintiffs,
-against—
NEW START GROUP CORP., VENITOM CORP.,
PAN-AMERICAN CORP., MDM BANK, :
URAL—GORNO METALLURGICAL COMPANY, :
EVRAZ HOLDING, MIKHAIL CHERNOI, :
OLEG DERIPASKA, ARNOLD KISLIN, :
MIKHAIL NEKRICH, and ISKANDER :
MAKMUDOV, :
Defendants.
................................................................ Q,
DECLARATION OF PETER J. VENAGLIA
PETER VENAGLIA, declares as follows:
1. I am a member of the Bar of the State of New York and the Southern and
Eastern Districts of New York. I am a member of the law firm of Dornbush Schaeffer
Strongin & Weinstein, LLP, counsel for Defendants New Start Group Corp. and Venitom
Corp. I submit this Declaration in support ofthe Defendants motions to dismiss the
Complaint.
2. I represented Defendants New Start Group Corp. and Venitom Corp. in Base
Metal Trading, LTD. v. Russian Alumimun, 253 F.Supp.2d 681 (S.D.N.Y 2003), ajj”’d,

Case 1 :04-cv-01482-GIVIS Document 48-13 Filed 03/31 /2005 Page 2 of 3
2004 WL 928165 (2d Cir. Apr. 30, 2004)(the "New York Case"), which was dismissed
by Judge Koeltl on the basis of forum non conveniens.
3. In support of our motions to dismiss the Complaint in Delaware, Defendants
submit a thirteen volume Appendix. Volumes 1 through 7 ofthe Appendix consist of
pleadings, letters, charts and other submissions to Judge Koeltl in the New York case
including:
a. the decision by Judge Koeltl (A-31);
b. the transcript of the oral argument before Judge Koeltl on February 10,
2003 (A—64); and
c. the first amended complaint tiled in New York (A—176)
Volumes 4 through 6 of the Appendix include various materials submitted by the parties
at the request of Judge Koeltl, both immediately prior to oral argument on defendants’
motions and again shortly after oral argument. For example, the parties submitted charts
with respect to the various Russian court decisions that have addressed the issues being
raised by the Plaintiffs. (A—625; A—652; A—654; A—660).
4. In Appendix Volumes 7 through 13 Defendants submit numerous Russian
court decisions and other documents, along with English translations. The court
decisions, most of which were previously submitted to the court inthe New York case,
are addressed in detail by Defendants’ expert, Professor Paul B. Stephan, in his
declaration dated March 23, 2005 submitted herein. These Russian court decisions
involve the issues raised in Plaintiffs’ Complaint.
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Case 1:04—cv—01482-GI\/IS Document 48-13 Filed 03/31/2005 Page 3 of 3
I declare under penalty of perjury pursuant to the laws ofthe United States of
America that the foregoing is true and correct. Executed on Marché 2005, New
York, New York.
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