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10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document
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foreign Access subsidiaries as a single business enterprise managed out of New York, without
which AML could not have survived. See Van Egeraat, 2009 WL 1209020, at *2–4; Dorfman,
2002 WL 14363, at *11.
7. AP (Lux) Is Further Subject to Jurisdiction Because of Its Agency and
Mere Department Relationships with Access’s New York Office
AP (Lux) is also subject to this Court’s jurisdiction because of its agency and mere
department relationships with Access’s New York office. As with the other Luxembourg-based
Moving Access Defendant AML, AP (Lux) was “only a legal entity,” with no employees of its
own. (Pergament Decl. Ex. 105 at 13.) 34 Although analyses on AP (Lux) letterhead were
distributed for both Groupement (Pergament Decl. Exs 156, 157,) and Luxalpha (Pergament
Decl. Ex. 158, 159,) these analyses could only have been performed by Access employees
working at the direction of Littaye and Villehuchet, such that the jurisdictional contacts of
Access’s New York office should be imputed to AP (Lux) as a result of this agency relationship.
See Van Egeraat, 2009 WL 1209020, at *2–4.
Jurisdiction over AP (Lux) is also proper because it operated as a mere department of
Access’s New York office. AP (Lux) was commonly owned by the owners of Access’s New
York office, Littaye and Villehuchet, who held at least 80% of the shares of AP (Lux). 35 As with
AML, the other factors of the mere department test are satisfied because AP (Lux) was an entity
with no employees that nonetheless earned substantial fees from Luxalpha and Groupement in
34 A 2008 contact list for various entities, including AP (Lux), shows an address and a phone number for the office,
but not a single Access employee is associated with this phone number, and only two Access principals, Littaye and
Delandmeter (who are both subject to the Court’s jurisdiction), have any Luxembourg contact information.
(Pergament Decl. Ex. 109.)
35 Upon its creation in March 2007, AP (Lux) was owned 40% by Littaye, 40% by Villehuchet, and 20% by Banque
Degroof. (Pergament Decl. Ex. 96.) However, Banque Degroof appears to no longer own a stake in AP (Lux)—
according to Access’s July 2011 Corporate Ownership Statement, Littaye-controlled Dalestrong and Ms.
Villehuchet each own 50% of the entity. [S.D.N.Y. ECF No. 5 at 3.]
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