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

Case 1 :07-cv-00645-SLR Document 5 Filed 05/14/2008 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARC S. KIRS CHN ER, as the Trustee of the Refco
Litigation Trust,
r Civil Case No.
Plaintiff, 07—645-SLR
v.
CHRISTOPHER SUGRUE and JOHN DOES,
individuals,
Defendants.
MOTION TO EXTEND TIME TO SERVE CHRISTOPHER SUGRUE
Marc S. Kirschner (the "Refco Trustee"), as Court—approved Trustee for
the Refco Litigation Trust (the "Trust"),l by and through the undersigned counsel, files
P this Motion to Extend Time to Serve Christopher Sugrue ("Sugge").
ARGUMENT
On October 16, 2007. the Trustee filed the Complaint to Recover
Fraudulent Transfers Pursuant to 1] US. C. § 550 (the "Complaint") against Sugrue and
certain John Does. The Summons was issued on January 14, 2008.
Although service on a foreign defendant must cornport with Federal Rule
of Civil Procedure 4(D, which expressly states that Federal Rule of Civil Procedure 4(ni)
and the 120 day time limit set forth therein does not apply to service on foreign
defendants, to the extent that Federal Rule of Civil Procedure 4(rn) applies and requires
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-00645-SLR Document 5 Filed 05/14/2008 Page 2 of 3
the Refco Trustee to serve its complaint within 120 days of tiling, good cause exists for
the Court to extend the time for the Refco Trustee to serve Sugrue.
Sugrue is a United States resident who has fled abroad. Over the course of
the preceding six months, the Refco Trustee has been actively investigating Sugiue’s
location. Sugrue, however, has taken aggressive steps to conceal his location. The Refco
Trustee is working to effectuate service on Sugrue pursuant to the Hague Convention.
The Refco Trustee has retained APS International, Ltd. ("@"), a company with
expertise and experience in international service of process, to assist the Refco Trustee
with international service on Sugrue once he has been located. APS estimates that the
entire process for service on Sugrue, which must comport with the requirements of the
Hague Convention, will take until approximately August 2008.
Based on the foregoing, the Refco Trustee requests that he be afforded
additional time to investigate the location of Sugrue and be provided additional time to
serve the Complaint and Summons on Sugrue pursuant to the requirements of the Hague
Convention.
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK]

Case 1:07-cv-00645-SLR Document 5 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 Sugme until such time as the Refco Tiustee has
completed its investigation and been able to effectuate service pursuant to the Hague
Convention.
Dated: May 14, 2008
Wilmington, Delaware
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
%~. ’@ ( QV
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 imc 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

Case 1:07-cv—00645-SLR Document 5-2 Filed 05/14/2008 Page 1 of 1
i UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARC S. KIRSCHNER, as the Trustee of the Refco
Litigation Trust,
Civil Case No.
Plaintiff, 07—645—SLR
v.
CHRISTOPHER SUGRUE and JOHN DOES,
individuals,
Rc: D.I.
Defendants.
ORDER EXTENDING TIME TO SERVE CHRISTOPHER SUGRUE
Upon consideration of the Motion to Extend Time to Serve Christopher Sugme
(the "Motion")l, it is hereby:
ORDERED that the Motion is GRANTED; and it is further
ORDERED that the time for service of the Complaint on Christopher Sugme is
extended until August 31, 2008.
Dated: , 2008
THE HONORABLE SUE L. ROBINSON
UNITED STATES DISTRICT COURT JUDGE
2329378.1
I Capitalized terms not defined herein shall have the meaning ascribed to them in the Motion.

Case 1:07-cv-00645-SLR

Document 5

Filed 05/14/2008

Page 1 of 3

Case 1:07-cv-00645-SLR

Document 5

Filed 05/14/2008

Page 2 of 3

Case 1:07-cv-00645-SLR

Document 5

Filed 05/14/2008

Page 3 of 3

Case 1:07-cv-00645-SLR

Document 5-2

Filed 05/14/2008

Page 1 of 1