City of Harper Woods Employees' Retirement System v. Olver et al

MOTION for Leave to Serve Process

D.D.C.November 14, 2007

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CITY OF HARPER WOODS EMPLOYEES’ RETIREMENT SYSTEM, Derivatively on Behalf of BAE SYSTEMS PLC, Plaintiff, vs. RICHARD (DICK) L. OLVER, et al., Defendants, - and - BAE SYSTEMS PLC, an England and Wales corporation, Nominal Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 1:07-cv-01646 Assigned to: Judge Rosemary M. Collyer PLAINTIFF’S MOTION FOR LEAVE TO SERVE PROCESS BY ALTERNATIVE MEANS Case 1:07-cv-01646-RMC Document 18 Filed 11/14/2007 Page 1 of 7 - 1 - PLEASE TAKE NOTICE that upon the annexed Affidavit of Mark K. Blasy, sworn to the 14th day of November, 2007, and the exhibits annexed thereto, the undersigned attorneys for plaintiff respectfully moves the Court pursuant to Fed. R. Civ. P. 4(f)(3) for an order: 1. Granting leave to serve defendant Prince Bandar Bin Sultan (“Bandar”), a Saudi Arabian national residing in Saudi Arabia, by one or a combination of the following alternative means: (a) Through service by certified mail upon the attorneys representing Bandar in unrelated litigation pending in the Southern District of New York arising out of the 9/11 terrorist attacks; (b) through service by certified mail upon Bandar’s Colorado attorney designated on the title to his Colorado residential estate, and which is alleged in this action to have been purchased with bribe money illegally paid by and belonging to BAE Systems, who is assisting Bandar with the sale of that estate; and (c) by certified mail to defendant Bandar at his known residences in the U.S. and the U.K. 2. Granting such other and further relief as the Court deems just. DATED: November 14, 2007 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP PATRICK J. COUGHLIN MARK SOLOMON MARY K. BLASY s/ MARY K. BLASY MARY K. BLASY 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax) Case 1:07-cv-01646-RMC Document 18 Filed 11/14/2007 Page 2 of 7 - 2 - CUNEO GILBERT & LaDUCA, L.L.P. JONATHAN W. CUNEO(DC Bar # 939389) WILLIAM H. ANDERSON (DC Bar # 502380) 507 C Street, N.E. Washington, DC 20002 Telephone: 202/789-3960 202/789-1813 (fax) VANOVERBEKE MICHAUD & TIMMONY, P.C. MICHAEL J. VANOVERBEKE THOMAS C. MICHAUD 79 Alfred Street Detroit, MI 48201 Telephone: 313/578-1200 313/578-1201 (fax) Attorneys for Plaintiff LAW OFFICES OF ROGER M. ADELMAN ROGER M. ADELMAN (DC Bar # 056358) 1100 Connecticut Ave., NW, Suite 730 Washington, DC 20036 Telephone: 202/822-0600 202/822-6722 (fax) Local Counsel S:\CasesSD\BAE Derivative\MOT00046153.doc Case 1:07-cv-01646-RMC Document 18 Filed 11/14/2007 Page 3 of 7 CERTIFICATE OF SERVICE I hereby certify that on November 14, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on November 14, 2007. s/ MARY K. BLASY MARY K. BLASY COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax) E-mail: MaryB@csgrr.com Case 1:07-cv-01646-RMC Document 18 Filed 11/14/2007 Page 4 of 7 Mailing Information for a Case 1:07-cv-01646-RMC Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. Roger M. Adelman radelman@erols.com,maryb@csgrr.com,scotts@csgrr.com,lisamp@csgrr.com,tlatimer@csgrr.com Mary K. Blasy maryb@csgrr.com Lawrence Byrne larry.byrne@linklaters.com Patrick J. Coughlin patc@csgrr.com Christopher Talbott Lutz clutz@steptoe.com Mark Solomon marks@csgrr.com Manual Notice List The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients. (No manual recipients) Page 1 of 1District of Columbia live database 11/14/2007https://ecf.dcd.uscourts.gov/cgi-bin/MailList.pl?253123805060055-L_390_0-1 Case 1:07-cv-01646-RMC Document 18 Filed 11/14/2007 Page 5 of 7 Case 1:07-cv-01646-RMC Document 18 Filed 11/14/2007 Page 6 of 7 Case 1:07-cv-01646-RMC Document 18 Filed 11/14/2007 Page 7 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CITY OF HARPER WOODS EMPLOYEES’ RETIREMENT SYSTEM, Derivatively on Behalf of BAE SYSTEMS PLC, Plaintiff, vs. RICHARD (DICK) L. OLVER, et al., Defendants, - and - BAE SYSTEMS PLC, an England and Wales corporation, Nominal Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 1:07-cv-01646 Assigned to: Judge Rosemary M. Collyer ORDER GRANTING PLAINTIFF’S MOTION TO SERVICE PROCESS BY ALTERNATE MEANS Case 1:07-cv-01646-RMC Document 18-2 Filed 11/14/2007 Page 1 of 6 - 1 - Having considered Plaintiff’s Motion for Leave to Serve Process by Alternative Means (the “Motion”), the Court hereby grants plaintiff’s Motion. Pursuant to Fed. R. Civ. P. 4(f)(3), plaintiff may serve defendant Prince Bandar Bin Sultan (“Bandar”), a Saudi Arabian national residing in Saudi Arabia, by one or a combination of the following alternative means: (a) Through service by certified mail upon the attorneys representing Bandar in unrelated litigation pending in the Southern District of New York arising out of the 9/11 terrorist attacks; (b) through service by certified mail upon Bandar’s Colorado attorney designated on the title to his Colorado residential estate, which is alleged in this action to have been purchased with bribe money illegally paid by and belonging to BAE Systems, and who is assisting Bandar with the sale of that estate; and (c) by certified mail to defendant Bandar at his known residences in the U.S. and the U.K. IT IS SO ORDERED. DATED: _________________________ __________________________________________ THE HONORABLE ROSEMARY M. COLLYER UNITED STATES DISTRICT JUDGE S:\CasesSD\BAE Derivative\ORD00046818.doc Case 1:07-cv-01646-RMC Document 18-2 Filed 11/14/2007 Page 2 of 6 CERTIFICATE OF SERVICE I hereby certify that on November 14, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on November 14, 2007. s/ MARY K. BLASY MARY K. BLASY COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax) E-mail: MaryB@csgrr.com Case 1:07-cv-01646-RMC Document 18-2 Filed 11/14/2007 Page 3 of 6 Mailing Information for a Case 1:07-cv-01646-RMC Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. Roger M. Adelman radelman@erols.com,maryb@csgrr.com,scotts@csgrr.com,lisamp@csgrr.com,tlatimer@csgrr.com Mary K. Blasy maryb@csgrr.com Lawrence Byrne larry.byrne@linklaters.com Patrick J. Coughlin patc@csgrr.com Christopher Talbott Lutz clutz@steptoe.com Mark Solomon marks@csgrr.com Manual Notice List The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients. (No manual recipients) Page 1 of 1District of Columbia live database 11/14/2007https://ecf.dcd.uscourts.gov/cgi-bin/MailList.pl?253123805060055-L_390_0-1 Case 1:07-cv-01646-RMC Document 18-2 Filed 11/14/2007 Page 4 of 6 Case 1:07-cv-01646-RMC Document 18-2 Filed 11/14/2007 Page 5 of 6 Case 1:07-cv-01646-RMC Document 18-2 Filed 11/14/2007 Page 6 of 6