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Plaintiff,
v.
STEFAN DELGADO ARGOTE a/k/a ,
Ohm and Burberry; MATTHIAS
OLTMANN a/k/a Joduskame,
Rolle3k, and Sheppard; TYRONE
TOM PAUER a/k/a Beaving;
CHACHANI MISTI Y PICHU PICHU
S.R.L., a company organized under the
laws of Peru; and DOES 1-10,
inclusive,
Defendants.
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36562644
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1.
partner with Arnold & Porter LLP (Arnold & Porter). I submit this declaration in
Take Limited Immediate Discovery. I have personal knowledge of the facts set forth
herein.
2.
On August 22, 2016 at about 1:40 p.m., I left a voicemail for and sent an
email to Marc Mayer, counsel for plaintiff Riot Games, Inc. (Riot), letting him
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know that Arnold & Porter had been retained to represent Chachani Misti y Pichu
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Pichu S.L.R., Stefan Delgado Argote, Matthias Oltmann, and Tyrone Tom Pauer
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3.
At about 2:30 p.m. the same day, Mr. Mayer called to discuss the case,
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but he didnt inform me that Riot was filing an ex parte application (the
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Application) later that day. It wasnt until approximately 6:00 that evening that he
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sent me a copy of the Application. I emailed Mr. Mayer at 8:52 p.m. noting that the
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Application obviously didnt comply with Local Rule 7-19 and asking him to
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withdraw it.
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4.
On August 23, 2016 at about 11:30 a.m., I spoke with Mr. Mayer over
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the telephone. During this call, I told Mr. Mayer that I was surprised that he hadnt
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told me about the Application the last time we talked, and I let him know that the
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Court clerk told us to file any opposition by 5 p.m. Mr. Mayer said he would ask
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Riot whether it would agree to withdraw the Application, and later confirmed that the
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the Application, whether Arnold & Porter would accept service on behalf of
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possession concerning the identity of those responsible for the LeagueSharp service,
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-1DECLARATION OF RYAN NISHIMOTO IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS
EX PARTE APPLICATION FOR LEAVE TO TAKE LIMITED IMMEDIATE DISCOVERY
and whether we would represent that [Defendants] are the ones responsible for the
service.
5.
On August 24, 2016 at about 4:30 p.m., I emailed Mr. Mayer letting him
know that Defendants oppose the Application, that we werent authorized to accept
service, and that we werent able to give him the additional information he wanted at
that time. Mr. Mayer responded about an hour later, wanting to know the basis for
Defendants opposition. A copy of the entire August 22-24 email chain is attached as
I called Mr. Mayer after I got his email to discuss the Application. I told
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him that we didnt see the grounds for Riots belief that Chachani was a shell entity,
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and didnt understand why Riot couldnt complete service on Chachani. I told him
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that the U.K. complaint attached as Exhibit 2 to the Mayer Declaration appeared to
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disclose Jaime Rosalino Prado Lira as Chachanis director. I also told him that the
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S.L.R. I also informed him that a Google search on CHAMISPI and Jaime
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Rosalino Prado Lira returns a website showing that CHAMISPI and Chachani share
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the same address in Peru and that Mr. Lira is CHAMISPIs Gerente General. I
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asked Mr. Mayer if they had attempted to locate and serve Mr. Lira, but Mr. Mayer
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didnt give me a clear answer one way or the other. A copy of the webpage to which
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During my call with Mr. Mayer, I made the observation that, generally
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speaking, removal of forum postings from public view wasnt all that surprising if,
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e.g., postings violate forum policies. In any event, I told Mr. Mayer that each of the
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Defendants are aware of their document preservation obligations under the Federal
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Rules.
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8.
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-2DECLARATION OF RYAN NISHIMOTO IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS
EX PARTE APPLICATION FOR LEAVE TO TAKE LIMITED IMMEDIATE DISCOVERY
9.
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I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed this 29th day of August, 2016 at Los Angeles, California.
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-3DECLARATION OF RYAN NISHIMOTO IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS
EX PARTE APPLICATION FOR LEAVE TO TAKE LIMITED IMMEDIATE DISCOVERY
EXHIBIT A
Ryan:
Thanks for your email.
Can you please let us know the basis for your opposition? As you know, the subpoenas we are requesting to serve are
quite limited. Perhaps there is a way to address in advance any concerns you may have.
msk
Marc -This will confirm that Defendants will oppose Riots Ex Parte Application. As to your other questions, we are not
authorized to accept service, nor are we able to provide you with the additional information you requested at this time.
We havent made appearances yet, so please email me a copy of any Ex Parte Application as soon as it is filed.
Ryan
Ryan M. Nishimoto
Arnold & Porter LLP
Office: +1 213.243.4158
Mobile: +1 323.336.5165
ryan.nishimoto@aporter.com
Marc -Thank you for your response. I would add to your second paragraph that you did not raise the application with me
during our call at 2:30 p.m., and that the first time we were made aware of the application or the relief sought therein
was at 6 p.m. when you emailed it to me. Regardless, we appreciate your cooperation. This will confirm as follows:
(a) Riot will withdraw its Ex Parte Application without prejudice to its refiling.
(b) We will let you know by 5 p.m. Pacific tomorrow (August 24, 2016) whether Defendants intend to oppose Riots
Application.
(c) We will respond to your questions as to (1) whether Arnold & Porter will accept service for the named
Defendants, and (2) whether Arnold & Porter will provide you with any information in Defendants possession
concerning the identity of those responsible for the LeagueSharp service or, alternatively, whether Arnold &
Porter will represent that Defendants are the ones responsible for the service.
Please confirm with us once the Ex Parte Application has been withdrawn.
Ryan
Ryan M. Nishimoto
Arnold & Porter LLP
Office: +1 213.243.4158
Mobile: +1 323.336.5165
ryan.nishimoto@aporter.com
Ryan:
We have discussed with Riot your request that Riot withdraw its Ex Parte Application in order to allow you additional
time to discuss the Application with your client and to let us know whether your client intends to oppose.
As you know, you contacted us for the very first time at approximately 1:30 yesterday afternoon, after our motion
papers were finalized and were in the process of being filed. As you also must know, on August 5 immediately after
we filed the complaint I contacted Paul Abbot of your UK office inquiring as to whether your firm represents Chachani,
and if so, whether it would accept service. I did not receive a response from Mr. Abbot. I also received no response
from your clients German counsel, even though just days before he threatened to file a declaratory relief action against
Riot.
Nonetheless, purely as a courtesy and to give you an opportunity to discuss this matter with your clients, we will
withdraw our Ex Parte Application without prejudice to its refiling. In the meantime, please let us know by the close of
2
msk
Thanks, Marc. Please let us know as soon as you can. As I mentioned on our call, the court has instructed us to file our
opposition by 5 p.m. today.
Ryan M. Nishimoto
Arnold & Porter LLP
Office: +1 213.243.4158
Mobile: +1 323.336.5165
ryan.nishimoto@aporter.com
Ryan I am discussing with our client whether, as a courtesy, we would be willing to withdraw the application without
prejudice to its refiling so that you can have a chance to discuss with your clients whether you intend to oppose and
whether you will accept service. I will get back to you shortly.
msk
3
Marc -- it was good speaking with you as well, and we look forward to your clients response.
With regard to the ex parte application, I have not had an opportunity to review it nor discuss it with my clients, but a
quick review shows that it does not appear to include the information required by LR 7-19, including 17-19.1, which
requires:
L.R. 7-19.1 Notice of Application. It shall be the duty of the attorney so applying (a) to make reasonable, good
faith efforts orally to advise counsel for all other parties, if known, of the date and substance of the proposed ex
parte application and (b) to advise the Court in writing and under oath of efforts to contact other counsel and
whether any other counsel, after such advice, opposes the application.
In light of this, we ask that you withdraw the application.
Please do not hesitate to contact me if you would like to discuss further in the meantime. My cell is 323-336-5165 and I
will be in the office 213-243-4158 all day tomorrow.
Ryan
Ryan M. Nishimoto
Arnold & Porter LLP
Office: +1 213.243.4158
Mobile: +1 323.336.5165
ryan.nishimoto@aporter.com
Ryan:
It was good speaking with you this afternoon.
I have passed along the substance of our conversation to our client, and we will get back to you shortly.
In the meantime, as a courtesy and for your information, I am attaching a copy of a request for limited discovery that we
filed earlier today.
msk
Hi Marc -Following up my v/m to you just now, we represent Chachani and the individual defendants in the action brought by
Riot. Please give me a ring when you have a minute.
Ryan
Ryan M. Nishimoto
Partner
Arnold & Porter LLP
44th Floor
777 South Figueroa Street
Los Angeles, CA 90017-5844
Office: +1 213.243.4158
Mobile: +1 323.336.5165
ryan.nishimoto@aporter.com
www.arnoldporter.com
This communication may contain information that is legally privileged, confidential or exempt from disclosure. If you are not the intended recipient, please note that
any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives this message in error should notify the sender
immediately by telephone or by return e-mail and delete it from his or her computer.
_____________________________
For more information about Arnold & Porter LLP, click here:
http://www.arnoldporter.com
This communication may contain information that is legally privileged, confidential or exempt from disclosure. If you are not the intended recipient, please note that
any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives this message in error should notify the sender
immediately by telephone or by return e-mail and delete it from his or her computer.
_____________________________
For more information about Arnold & Porter LLP, click here:
http://www.arnoldporter.com
This communication may contain information that is legally privileged, confidential or exempt from disclosure. If you are not the intended recipient, please note that
any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives this message in error should notify the sender
immediately by telephone or by return e-mail and delete it from his or her computer.
_____________________________
For more information about Arnold & Porter LLP, click here:
http://www.arnoldporter.com
EXHIBIT B
Chamispi S.R.L.
Case 2:16-cv-05871-RSWL-AS Document 18-1 Filed 08/29/16 Page 13 of 23 Page ID
#:268
R AD
Buscar Empresa
PitEgGIFT
WITH ANY $35
LANCcME PURCHASE
Chamispi S.R.L.
SHOP NOW
Lo ms visto
Inicio
STY! EWE
S
F HIPPI NG =:31
Bolsa Trabajo
Publicidad
Gestin anuncios
Sociedad SRL
Directorio de empresas
Guia telefonica Peru
Directorios
Direccin Legal: Av. Siglo Xx Nro. 110c Int. 302 (3er Piso.)
Universidades Peruanas
Institutos de Computacin
Escuelas de Idiomas
Colegios
Pgina Web:
Nidos - Preescolar
Actualizar
Academias
Directorio InfoEmpresa
Escuelas de Aprendizaje
Otras Secciones
http://www.universidadperu.com/empresas/chamispi.php
Agenda Eventos
Bolsa Becas
Artculos Interesantes
8/26/2016
Chamispi S.R.L.
Case 2:16-cv-05871-RSWL-AS Document 18-1 Filed 08/29/16 Page 14 of 23 Page ID
#:269
Algunas empresas del rubro de Chamispi S.R.L.
Los Especiales
Quines Somos
Suscrbete al Boletn
Ten to propio
negocio de
franquicia de
limpieza comercial.
Me gusta
Compartir
Si has tenido trato directo, o conoces bastante de Chamispi S.R.L., tmate un minuto y
comparte tus experiencias con otros. Las evaluaciones y crticas constructivas son
bienvenidas siempre que se mantenga un nivel alturado. NO SE PUBLICARAN
profanidades, insultos, denuncias, evaluaciones sin correos, solicitudes de trabajo o
de cotizaciones en la evaluacin de la empresa. Tu evaluacin podr ser editada para
reflejar estas polticas.
: Nombre
: Email (Requerido)
Aspectos Positivos de la Empresa:
http://www.universidadperu.com/empresas/chamispi.php
8/26/2016
Chamispi S.R.L.
Case 2:16-cv-05871-RSWL-AS Document 18-1 Filed 08/29/16 Page 15 of 23 Page ID
#:270
Evaluacin de la Empresa:
La recomendaras? SI 0
NO
0
Enviar Evaluacin
http://www.universidadperu.com/empresas/chamispi.php
8/26/2016
EXHIBIT C
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