BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New ...

10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document
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the compensation and benefits that the directors undoubtedly received while they served on
Luxalpha’s board. 47 See, e.g., Briese Lichttechnik Vertriebs GmbH v. Langton, No. 09 Civ. 9790
(LTS) (MHD), 2010 WL 4615958, at *3 (S.D.N.Y. Nov. 9, 2010) (jurisdictional discovery
revealed that individual who was director of corporation was “primary actor” in corporation’s
New York activities); Time Inc. v. Simpson, No. 02CIV4917, 2002 WL 31844914, at *4
(S.D.N.Y. Dec. 18, 2002) (jurisdictional discovery appropriate to discern whether corporation
conducted business in New York while acting as corporate officer’s agent).
C. Jurisdictional Discovery Is Warranted to Explore the Interconnected
Contacts Between the Moving Access Defendants, the Other Access Entities,
and This Forum
Although the Trustee has received documents from the New York affiliates of the
Moving Access Defendants during the Rule 2004 process, targeted jurisdictional discovery
would permit the Trustee to develop facts relating to the Moving Access Defendants’
relationship with Access’s New York office, including the degree to which the New York office
controlled the Moving Access Defendants’ relationships with Luxalpha, Groupement and
BLMIS. Jurisdictional discovery, including through narrowly focused document requests and
interrogatories, would allow the Trustee to confirm whether the Moving Access Defendants: (1)
were ultimately owned at all relevant times by Littaye and Villehuchet; (2) were financially
dependent on Access’s New York office; (3) had no employees or actual physical office space;
and (4) relied on employees in Access’s New York office to perform duties to Luxalpha and
Groupement. Jurisdictional discovery would also enable the Trustee to learn the details about
47 Trustee has received very few emails involving the Moving Luxalpha Director Defendants. In addition to such
emails and other relevant documents, depositions of the Moving Luxalpha Director Defendants are warranted in
order to explore contacts with the forum not memorialized to writing—including as concerning the decisions to
establish Luxalpha and delegate custodial and asset management authority to BLMIS, the approval of prospectuses
and financial statements that omitted reference to Madoff, and interactions with Access’s New York office and its
principals Littaye and Villehuchet relating to Luxalpha, BLMIS, and Madoff.
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