X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER   Plaintiffs Convergen Energy LLC (“Convergen”), L’Anse Warden Electric Company, LLC, Euroenergy Biogas Latvia Limited, and Libra Capital US, Inc. (“Libra”) (collectively, “Plaintiffs”) move, pursuant to Fed. R. Civ. P. 4(f)(2)(C)(i), 4(f)(3), and 4(h) for an order permitting alternative means of service on Defendants Daniel Escandon Garcia (“Garcia”) and Ramon Uriarte Inchausti (“Inchausti”) (the “Spanish Individual Defendants”) and on Chipper Investment SCR, SA (“Chipper Investment”) and Urincha SL (“Urincha SL”) (the “Spanish Corporate Defendants”((collectively, the “Spanish Defendants”). Specifically, Plaintiffs seek an order for alternative service on the Spanish Individual Defendants pursuant to Rules 4(f)(2)(C)(i) and 4(f)(3). Plaintiffs also seek an order permitting alternative service on the Spanish Corporate Defendants pursuant to Rule 4(h), which, as relevant here, incorporates portions of Rule 4(f). For the reasons below, the motion is granted in part and denied in part. BACKGROUND Plaintiffs brought this action on May 14, 2020 against Steven J. Brooks (“Brooks”), Nianticvista Energy LLC (“Niantic”), Gregory Merle, Riverview Energy Corporation, Theodore John Hansen, Brian R. Mikkelson, Convergen Energy WI, LLC (“CEW”), and the Spanish Defendants (collectively, the “Defendants”). Dkt. No. 1 (“Compl.” or “Complaint”).1 Plaintiffs are part of an international conglomerate headquartered in New York known as the Libra Group (the “Group”). Id. 2. Libra, a member of the Group, is an in-house asset management and professional service company that supports other companies that are part of the Group, including Convergen. Id. 28. The Complaint alleges that Brooks, who was senior vice president of both the Group and Libra, arranged for the sale of the Group’s renewable pellet manufacturing plant (the “Pellet Plant”) to what he represented was a third party called Nianticvista (“Niantic”), but which he actually owned. Id.

2-4. The Group had owned the Pellet Plant through its 100 percent-owned subsidiary Convergen, which in turn owned CEW, which owned and continues to own the Pellet Plant. Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›