Convergen Energy LLC v. Brooks

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.