Free Affidavit - District Court of Delaware - Delaware

Case 1 :04-cv-01482-GIVIS Document 48-12 Filed 03/31/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVIS INTERNATIONAL, LLC, HOLDEX, LLC,:
EOSTON MANAGEMENT, LTD, and :
OMNI TRUSTHOUSE, LTD, :
Plaintiffs,
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 RICHARD J. SCHAEFFER
RICHARD J. SCHAEFFER, declares as follows:
l. I am a member of the Bar of the State of New York and of the law
firm of Dornbush Schaeffer Strongin & Weinstein, LLP, counsel for Defendants New
Start Group ("New Start") and Venitom Corp. ("Venitom"). I submit this Declaration in
support of the Defendants’ motions to dismiss the Complaint. New Start and Venitom
join 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, New Start and Venitom hereby
agree:
(a) to consent to the jurisdiction of the 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

Case 1:04—cv—01482-GI\/IS Document 48-12 Filed 03/31/2005 Page 2 of 2
(d) to waive any defense based on any statute of limitations
which may have expired after the tiling 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 9, 2005.
n) Y