Free Motion for Extension of Time - District Court of Delaware - Delaware

Case 1 :07-cv-00647-SLR Document 6 Filed 05/14/2008 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARC S. KIRS CHNER, as the Trustee of the Refco
Litigation Trust,
Civil Case No.
Plaintiff, 07-647-SLR
v.
MKK LIMITED, a Republic of Ireland Corporation,
THE DARETTO FOUNDATION, a Liechtenstein
entity, and JOHN DOES, individuals.
Defendants.
MOTION TO EXTEND TIME TO SERVE THE DARETTO FOUNDATION
Marc S. Kirschner (the "Refco Trustee"), as C0urt—approved Trustee for
the Refco Litigation Trust (the "Trust"),1 by and through the undersigned counsel, files
this Motion to Extend Time to Serve the Daretto Foundation.
ARGUMENT
On October 16, 2007. the Trustee filed the Complaint to Recover
Fraudulent Transfers Pursuant to 1] US. C. § 550 (the "Complaint") against MKK
Limited, The Daretto Foundation, and certain John Does. The Summons was issued on
January 23, 2008.
Although service on a foreign defendant must comport with Federal Rule
of Civil Procedure 4(f), which expressly states that Federal Rule of Civil Procedure 4(in)
and the 120 day time limit set forth therein does not apply to service on foreign
I The Trust is the duly authorized representative to commence all claims and causes of
action formerly owned by the bankruptcy estates of Refco Inc. and certain of its
subsidiaries pursuant to the Modified Joint Chapter 11 Plan of Refco Inc. and Certain of
its Direct and Indirect Subsidiaries, as confirmed by the United States Bankruptcy Court
for the Southern District of New York on December 15, 2006.

Case 1:07-cv-00647-SLB Document 6 Filed 05/14/2008 Page 2 of 3
defendants, to the extent that Federal Rule of Civil Procedure 4(m) applies and requires
the Refco Trustee to serve its complaint within l20 days of filing, good cause exists for
the Court to extend the time for the Refco Trustee to serve The Daretto Foundation.2
The Daretto Foundation is an unregistered Lichtenstein entity. The Refco
Trustee has retained an investigator to locate The Daretto Foundation and the Refco
Trustee continues to investigate the location of The Daretto Foundation so to properly
effectuate service. In addition, the Refco Trustee has retained APS International, Ltd.
("§Q§"), a company with expertise and experience in international service of process, to
assist the Refco Trustee with intemational service on The Daretto Foundation once it has
been located.
Based on the foregoing, the Refco Trustee requests that he be afforded
additional time in which to investigate the location of The Daretto Foundation and the
time for which the Trustee must serve The Daretto Foundation with the Complaint and
Summons pursuant to the requirements of the Hague Convention be extended to
September 29, 2008.
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK]
2 The Refco Trustee recently served MKK Limited in Ireland with the Complaint and filed the
certificate of service with the Court on April 30, 2008.
2

Case 1:07-cv-00647-SLR Document 6 Filed 05/14/2008 Page 3 of 3
CONCLUSION
WHEREFORE, the Refco Trustee requests that the Court extend the time
for service of the Complaint on The Daretto Foundation until such time as the Refco
Trustee has completed its investigation and been able to effectuate service pursuant to the
Hague Convention.
Dated: May 14, 2008
Wilmington, Delaware
MORRIS, NICHOLS, ARSHT & T UNNELL LLP
% Q @4 av
Gregory W. Werkheiser (No. 3553)
Thomas F. Driscoll III (No. 4703)
1201 N. Market Street, 18th Floor
P.O. Box 1347
Wilmington, Delaware, 19899-1347
Telephone: (302) 658-9200
Facsimile: (302) 658-3989
-and—
MILBANK, TWEED, HADLEY & MQCLOY LLP
Andrew M. Leblanc (pro hac vice)
One Chase Manhattan Plaza
New York, New York 10005
Telephone: (212) 530-5000
Facsimile: (212) 530-5219
Counsel for Marc S. Kirschner, the Trustee for the
Refco Litigation Trust
3

Case 1:07-cv—00647-SLR Document 6-2 Filed 05/14/2008 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARC S. KIRS CHNER, as the Trustee of the Refco
Litigation Trust, .
Civil Case No.
Plaintiff, 07-647-SLR
v.
MKK LIMITED, a Republic of Ireland Corporation,
THE DARETTO FOUNDATION, a Liechtenstein
entity, and JOHN DOES, individuals. Re: D.I.
Defendants.
ORDER EXTENDING TIME TO SERVE THE DARETTO FOUNDATION
Upon consideration of the Motion to Extend Time to Serve the Daretto
Foundation (the "Motion")1, it is hereby:
ORDERED that the Motion is GRANTED; and it is further
ORDERED that the time for service of the Complaint on the Daretto Foundation
is extended until September 29, 2008.
Dated: , 2008
THE HONORABLE SUE L. ROBINSON
UNITED STATES DISTRICT COURT JUDGE
2329280.2
I Capitalized terms not defined herein shall have the meaning ascribed to them in the Motion.

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