1 J. Stephen Peek (1758) Erica C. Medley (13959) 2 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor 3 Las Vegas, NV 89134 Tel: 702.669.4600 4 Fax: 702.669.4650 [email protected] 5 [email protected]

6 Tariq Mundiya (pro hac vice) Jeffrey B. Korn (pro hac vice) 7 WILLKIE FARR & GALLAGHER LLP 8 787 Seventh Avenue New York, New York 10019 9 (212) 728-8000 [email protected] 10 [email protected]

11 Michael J. Gottlieb (pro hac vice) WILLKIE FARR & GALLAGHER LLP 12 1875 K Street, NW Washington, DC 20006 13 (202) 303-1000 [email protected] 14 Attorneys for Plaintiffs 15 Jysan Holding, LLC; and Jusan Technologies Ltd. 16

17 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 18 JYSAN HOLDING, LLC, a Nevada Limited Case N o.: 2:23-CV-00247-JAD-VCF 19 Liability Company; JUSAN TECHNOLOGIES LTD, an England and MOT ION FOR SERVICE OF THE 20 Wales Limited Company; SUMM ONS AND COMPLAINT ON INDIV IDUALS IN A FOREIGN 21 Plaintiffs, COUN TRY PURSUANT TO v. FRCP 4(F)(2)(C)(II) 22 REPUBLIC OF KAZAKHSTAN, a foreign 23 sovereign state; THE AGENCY FOR REGULATION AND DEVELOPMENT OF 24 THE FINANCIAL MARKET OF THE REPUBLIC OF KAZAKHSTAN, a 25 Kazakhstan Government agency; THE ANTI- CORRUPTION AGENCY OF THE 26 REPUBLIC OF KAZAKHSTAN, a 27 Kazakhstan Government anti-corruption agency ; THE FINANCIAL MONITORING 28 AGENCY OF THE REPUBLIC OF 1 KAZAKHSTAN, a Kazakhstan Government agency; THE COMMITTEE FOR 2 NATIONAL SECURITY OF KAZAKHSTAN, a Kazakhstan Government 3 intelligence agency; MADINA ABYLKASSYMOVA, an individual; 4 OLZHAS KIZATOV, an individual; ARMAN OMARBEKOV, an individual; and 5 ADILBEK DZHAKSYBEKOV, an individual, 6

Defendants. 7

8 Plaintiffs Jysan Holding, LLC (“Jysan Holding”) and Jusan Technologies Ltd. (“JTL”) 9 (collectively, “Plaintiffs”), in accordance with Federal Rule of Civil Procedure 10 (“FRCP”) 4(f)(2)(C)(ii), hereby move for an Order directing the Clerk of Court to effect 11 service of the Complaint, respective Summons, and the Russian translations thereof, on 12 Defendants Madina Abylkassymova, Olzhas Kizatov, and Arman Omarbekov, via tracked 13 international mail (i.e., DHL or FedEx) with signed return receipt requested, at the addresses 14 identified below. Plaintiffs further propose to furnish the Clerk of the Court with all necessary 15 documents to effect service, including paper copies of the Complaint, respective Summons, 16 and the Russian translations thereof, along with international courier envelopes and pre- 17 addressed, pre-paid international shipment waybills. 18 19 Madina Abylkassymova, Chairperson c/o The Agency for Regulation and Development of the Financial Market of the 20 Republic of Kazakhstan 21, Koktem-3 21 Almaty, 050040 22 Republic of Kazakhstan

23 Olzhas Kizatov, Deputy Chairperson c/o The Agency for Regulation and Development of the Financial Market of the 24 Republic of Kazakhstan 25 21, Koktem-3 Almaty, 050040 26 Republic of Kazakhstan

27

28 1 Arman Omarbekov c/o The Agency for Regulation and Development of the Financial Market of the 2 Republic of Kazakhstan 3 21, Koktem-3 Almaty, 050040 4 Republic of Kazakhstan 5 6 DATED this 8th day of March 2023. HOLLAND & HART LLP 7

8 /s/ J. Stephen Peek J. Stephen Peek 9 Erica C. Medley 9555 Hillwood Drive, 2nd Floor 10 Las Vegas, NV 89134

11 Tariq Mundiya (pro hac vice) Jeffrey B. Korn (pro hac vice) 12 WILLKIE FARR & GALLAGHER LLP 787 Seventh Avenue 13 New York, New York 10019 14 Michael J. Gottlieb (pro hac vice) 15 WILLKIE FARR & GALLAGHER LLP 1875 K Street, NW 16 Washington, DC 20006

17 Attorneys for Plaintiffs

18 19 20 21 22 23 24 25 26 27 28 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. INTRODUCTION 3 Plaintiffs move for an Order directing the Clerk of Court to effect service of the 4 Complaint, respective Summons, and the Russian translations thereof, on Defendants Madina 5 Abylkassymova, Olzhas Kizatov, and Arman Omarbekov, pursuant to FRCP 4(f)(2)(C)(ii), 6 which permits service on an individual in a foreign country using any tracked international mail 7 that the Clerk addresses and sends to the individual and that requires a returned receipt. 8 Plaintiffs request mailed service upon these Individual Defendants in the Republic of 9 Kazakhstan (“Kazakhstan”) under FRCP 4(f)(2)(C)(ii) in order to provide them with the best 10 and most expeditious service of the Complaint and Summons. 11 II. FACTS AND PROCEDURAL HISTORY 12 On February 16, 2023, Plaintiffs filed their Complaint in this action. See ECF No. 1. On 13 February 21, 2023, Plaintiffs submitted to the Court proposed summonses to be issued to all 14 Defendants. See ECF No. 4. The next day, the Clerk issued the summonses. See ECF No. 5. 15 Four of the nine Defendants in this action are individuals (the “Individual Defendants”) 16 located in a foreign country—Kazakhstan. Plaintiffs have obtained the business addresses of 17 three of the Individual Defendants—Madina Abylkassymova, Olzhas Kizatov, and Arman 18 Omarbekov—each of whom is employed by the Agency for Regulation and Development of 19 the Financial Market of the Republic of Kazakhstan. Plaintiffs are diligently working to obtain 20 an address or alternate contact information for the remaining Individual Defendant—Adilbek 21 Dzhaksybekov. The remaining five Defendants are considered either “[a] foreign state or its 22 political subdivision, agency, or instrumentality” under FRCP 4(j)(1), and Plaintiffs are 23 accordingly beginning the process of serving them pursuant to

(a) and the 24 Convention on the Service Abroad of Judicial Documents in Civil or Commercial Matters, 25 Nov. 15, 1965 (“Hague Service Convention”), 20 U.S.T. 361, T.I.A.S. No. 6638. 26 Plaintiffs are presently prepared to serve Defendants Madina Abylkassymova, Olzhas 27 Kizatov, and Arman Omarbekov, and accordingly file the instant Motion to direct the Clerk of 28 Court to effect service pursuant to FRCP 4(f)(2)(C)(ii). 1 III. LEGAL ARGUMENT 2 Plaintiffs seek to effectuate service on the Individual Defendants in Kazakhstan, which 3 is a signatory to the Hague Service Convention. “[I]n cases governed by the Hague Service 4 Convention, service by mail is permissible if two conditions are met: first, the receiving state 5 has not objected to service by mail; and second, service by mail is authorized under otherwise- 6 applicable law.” Water Splash, Inc. v. Menon,

(2017). Both conditions are 7 met here. 8 First, the Hague Service Convention allows mail service under Article 10(a), 9 stating,“[p]rovided the State of destination does not object, the present Convention shall not 10 interfere with . . . the freedom to send judicial documents, by postal channels, directly to 11 persons abroad . . . .” Kazakhstan has not objected to Article 10(a) of the Hague Service 12 Convention.1 13 Second, service by mail is authorized under otherwise applicable law, that is, the law of 14 the forum in which the case is pending. Pursuant to FRCP 4(f)(2)(C)(ii), “an individual . . . may 15 be served at a place not within any judicial district of the United States . . . if an international 16 agreement allows but does not specify other means, by a method that is reasonably calculated 17 to give notice . . . unless prohibited by the foreign country’s laws, by[] . . . using any form of 18 mail that the clerk addresses and sends to the individual and that requires a signed receipt.” 19 (emphases added). See Brockmeyer v. May,

(9th Cir. 2004) (stating that 20 Rule 4(f)(2)(C)(ii) provides “[e]xplicit, affirmative authorization for service by international 21 mail” and that “[t]his rule authorizes service abroad by mail for which a signed receipt is 22 required, when such mail is addressed and mailed by the clerk of the federal district court in 23 which the suit is filed”). 24 Plaintiffs accordingly may serve the Individual Defendants in Kazakhstan by mail as 25 permitted pursuant to the Hague Service Convention and FRCP 4(f)(2)(C)(ii). This Court has 26

27 1 Republic of Kazakhstan’s Declarations to the Hague Service Convention, available at https://www.hcch.net/en/instruments/conventions/status-table/notifications/?csid=1320&disp=resdn 28 (last accessed March 7, 2023). 1 previously granted similar requests for service of foreign defendants via international registered 2 mail pursuant to FRCP 4(f)(2)(C)(ii). See Order granting re 56 Motion for Service of the 3 Amended Complaint and Summons in a Foreign Country Pursuant to FRCP 4(f)(2)(C)(ii), U.S. 4 Philips Corp. v. Synergy Dynamics Int’l, LLC et al., No. CV-S-05-0577-PMP (GWF) (D. Nev. 5 Nov. 30, 2005), ECF Nos. 56, 60. 6 To assist the Clerk with effecting service on three of the Individual Defendants in 7 Kazakhstan, Plaintiffs are prepared to promptly furnish the Clerk’s office with the following: 8 (i) a copy of this Court’s Order directing the Clerk to effect service of the Complaint and each 9 respective Summons on Madina Abylkassymova, Olzhas Kizatov, and Arman Omarbekov; 10 (ii) one copy of the Complaint for each of the above-named Defendants; (iii) one copy of the 11 Summons issued by the Clerk for each of the above-named Defendants; (iv) Russian 12 translations of the Complaint and Summonses;2 (iv) one international mail (i.e., DHL or FedEx) 13 envelope for each of the above-named Defendants; and (v) one pre-paid international shipment 14 waybill filled out and addressed to each of the above-named Defendants with signed return 15 receipt requested, Plaintiffs’ counsel listed as the sender and return address, and Plaintiffs’ 16 counsel’s payer account number listed for payment for shipment of the return receipt. If 17 helpful, Plaintiffs will also schedule the packages to be picked up from the Clerk’s office by 18 the international mail service. 19 20 21 22 23 /// 24 /// 25 /// 26 2 Exhibits A-C are compilations of the Complaint, Summons, and Russian translations thereof for 27 Defendants Abylkassymova, Kizatov, and Omarbekov, respectively. While Plaintiffs will provide paper copies to the Clerk along with the associated envelopes and pre-paid international shipment 28 waybills, Plaintiffs attach these documents as Exhibits for the Court’s review. 1 IV. CONCLUSION 2 Based upon the foregoing, Plaintiffs respectfully request that the Court direct the Clerk 3 || of Court to effect service of the Complaint, respective Summons, and the Russian translations 4|| thereof, upon Defendants Madina Abylkassymova, Olzhas Kizatov, and Arman Omarbekov 5}| via tracked international mail service with signed return receipt requested, pursuant to 6 |} FRCP 4(f)(2)(C) (a1). 7 DATED this 8th day of March 2023. g HOLLAND & HART LLP 9 /s/ J. Stephen Peek J. Stephen Peek 10 Erica C. Medley 9555 Hillwood Drive, 2nd Floor 11 Las Vegas, NV 89134 12 Tariq Mundiya (pro hac vice) B Jeffrey B. Korn (pro hac vice) t WILLKIE FARR & GALLAGHER LLP = 14 787 Seventh Avenue > New York, New York 10019 > Michael J. Gottlieb (pro hac vice) 3 16 WILLKIE FARR & GALLAGHER LLP 1875 K Street, NW 4 17 Washington, DC 20006 18 Attorneys for Plaintiffs Jysan Holding, LLC; and 19 Jusan Technologies Ltd. 20 21 22 23 IT IS SO ORDERED. 24 Load ote. 25 Cam Ferenbach □

United States Magistrate Judge DATED 3719-2023 28

1 INDEX OF EXHIBITS 2 Exhibit Description Page No. 3 A Complaint, Summons, and Russian Translations for 1- 81 4 Defendant Madina Abylkassymova 5 B Complaint, Summons, and Russian Translations for 82-162 Defendant Olzhas Kizatov 6 C Complaint, Summons, and Russian Translations for 163-243 7 Defendant Arman Omarbekov 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28