Case 2:13-cv-01034-MJP Document 41 Filed 08/08/13 Page 1 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. KYKO GLOBAL, INC., a Canadian corporation, and KYKO GLOBAL GMBH, a Bahamian corporation, Plaintiffs,

The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Case No. 2:13-CV-1034 MJP

PRITHVI INFORMATION SOLUTIONS, LTD., a Pennsylvania corporation, PRITHVI CATALYTIC, INC., a Delaware corporation, PRITHVI SOLUTIONS, INC., a Delaware NOTE ON MOTION CALENDAR: corporation, PRITHVI INFORMATION AUGUST 9, 2013 SOLUTIONS INTERNATIONAL, LLC, a Pennsylvania limited liability company, [CLERK’S ACTION REQUIRED] INALYTIX, INC., a Nevada corporation, INTERNATIONAL BUSINESS SOLUTIONS, INC., a North Carolina, corporation, AVANI INVESTMENTS, INC., a Delaware corporation, ANANYA CAPITAL INC., a Delaware corporation, MADHAVI VUPPALAPATI AND ANANDHAN JAGARAMAN, husband and wife and the marital community composed thereof, GURU PANDYAR AND JANE DOE PANDYAR, husband and wife and the marital community composed thereof, and SRINIVAS SISTA AND JOHN DOE SISTA, husband and wife and the marital community composed thereof, DCGS, INC., a Pennsylvania company, EPP, PAGE 1 – PLAINTIFFS’ MOTION FOR ISSUANCE OF JUDGMENT SLINDE NELSON STANFORD IN AMOUNT AGAINST CERTAIN DEFENDANTS 601 Union Street, Suite 4400 PURSUANT TO CONFESSIONS OF JUDGMENT Seattle, WA 98101 Case No. 2:13-CV-1034-MJP p. 206-237-0020; f. 503.417.4250

PLAINTIFFS’ MOTION FOR ISSUANCE OF JUDGMENT IN AMOUNT AGAINST CERTAIN DEFENDANTS PURSUANT TO CONFESSIONS OF JUDGMENT

Case 2:13-cv-01034-MJP Document 41 Filed 08/08/13 Page 2 of 5

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INC., a Washington corporation, FINANCIAL OXYGEN, INC., a Washington corporation, HUAWEI LATIN AMERICAN SOLUTIONS, INC., a Florida corporation, L3C, INC., a Washington corporation. Defendants. I. INTRODUCTION

Pursuant to Fed. R. Civ. P. 58(b), Plaintiffs seek entry of judgment against the Defendants, with the exception of Defendants International Business Solutions, Inc., Guru Pandyar, and Srinivas Sista (who did not sign Confessions of Judgment). Each and every other named Defendant in this case signed a Confession of Judgment, which has now been filed with the Court. Defendants have duly executed Confessions of Judgment in the amount of $18 million as required under RCW 4.60.010 et seq. Since the date of the Confessions of Judgment

13 14 15 16 17 18 19 20 $17,838,530 as confessed to by the Defendants under the Washington statutory procedure set 21 22 23 24 25 26 forth under RCW 4.60.010 et seq. and as further outlined below. II. EVIDENCE RELIED UPON signed by those Defendants, Plaintiffs have received payments of $161,470 towards the total amount owed of $18 million. Defendants confessed unconditionally and irrevocably to the amount of $18 million in the Confessions of Judgment. Plaintiffs reserve the right to file a subsequent motion with the Court seeking to amend the judgment for additional accruing interest, costs and attorneys fees, but now seek entry of immediate judgment for an amount certain against Defendants in the total amount of

Defendants Prithvi Information Solutions, Ltd.; Prithvi Information Solutions International, LLC; Prithvi Catalytic, Inc.; Prithvi Solutions, Inc.; Inalytix, Inc.; Avani Investments, Inc.; Ananya Capital, Inc.; Madhavi Vuppalapati; DCGS, Inc.; EPP, Inc.; Financial PAGE 2 – PLAINTIFFS’ MOTION FOR ISSUANCE OF JUDGMENT SLINDE NELSON STANFORD IN AMOUNT AGAINST CERTAIN DEFENDANTS 601 Union Street, Suite 4400 PURSUANT TO CONFESSIONS OF JUDGMENT Seattle, WA 98101 Case No. 2:13-CV-1034-MJP p. 206-237-0020; f. 503.417.4250

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Oxygen, Inc.; Huawei Latin American Solutions, Inc.; and L3C, Inc. separately executed Confessions of Judgment on or about July 16-17, 2013, which have now been filed with the Court. The Declaration of Kiran Kulkarni filed herewith sets forth the amounts paid to date in

5 6 7 8 9 10 11 12 and assent thereto shall be in writing and subscribed by the parties making the same, and 13 14 15 16 17 18 19 20 21 22 23 24 25 26 filed in the office of the clerk, who shall enter a judgment for the amount confessed, with costs. Execution may be issued and enforced thereon in the same manner as upon judgments in other cases.” RCW 4.60.070. Plaintiffs have filed with the Court the Confessions of Judgment against Defendants in the amount of $18 million executed in the manner prescribed by RCW 4.60.040 and a declaration of Kiran Kulkarni setting forth the amounts paid to date against the total amount PAGE 3 – PLAINTIFFS’ MOTION FOR ISSUANCE OF JUDGMENT SLINDE NELSON STANFORD IN AMOUNT AGAINST CERTAIN DEFENDANTS 601 Union Street, Suite 4400 PURSUANT TO CONFESSIONS OF JUDGMENT Seattle, WA 98101 Case No. 2:13-CV-1034-MJP p. 206-237-0020; f. 503.417.4250 acknowledged by each before some officer authorized to take acknowledgments of deeds.” RCW 4.60.040. “A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter.” RCW 4.60.050. “The statement must be presented to the superior court or a judge thereof, and if the same be found sufficient, the court or judge shall indorse thereon an order that judgment be entered by the clerk; whereupon it may be the amount of $161,470. III. LEGAL ANALYSIS

Confessions of Judgment are defined under Washington law by statute. “On the confession of the defendant, with the assent of the plaintiff or his or her attorney, judgment may be given against the defendant in any action before or after answer, for any amount or relief not exceeding or different from that demanded in the complaint.” RCW 4.60.010. “The confession

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owed of $18 million. The amount of $18 million has been reduced by payments of just $161,470. Thus, Plaintiffs hereby ask for entry of judgment against those Defendants in the amount of $17,838,530. Pursuant to Fed. R. Civ. P. 58(b)(1), “[S]ubject to Rule 54(b) and unless the court orders

5 6 7 8 9 10 11 12 to the presentation requirements of RCW 4.60.070, an Order granting Plaintiff’s Motion for the 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PAGE 4 – PLAINTIFFS’ MOTION FOR ISSUANCE OF JUDGMENT IN AMOUNT AGAINST CERTAIN DEFENDANTS PURSUANT TO CONFESSIONS OF JUDGMENT Case No. 2:13-CV-1034-MJP
SLINDE NELSON STANFORD 601 Union Street, Suite 4400 Seattle, WA 98101 p. 206-237-0020; f. 503.417.4250

otherwise, the clerk must, without awaiting the court’s direction promptly prepare, sign and enter the judgment when: …. (B) the court awards only costs or a sum certain.” Rule 58(b)(2) provides for Court approval of the form of the judgment, which the clerk must promptly enter, when . . . . (B) the court grants other relief not described in subdivision (b).” Since the judgment is for an amount certain, the clerk “must” directly enter judgment pursuant to the Confessions of Judgment as provided under Rule 58(b)(1) for the amount of $17,838,530. However, pursuant

Court’s Issuance of Judgment in Amount Certain against Defendants pursuant to Confessions of Judgment is submitted herewith for the Court’s approval. There is no just cause for delay. IV. CONCLUSION

Based on the foregoing and the record and file herein, Plaintiffs’ motion should be granted. Dated this 8th day of August, 2013.

SLINDE NELSON STANFORD

By:

/s/ Christina Haring-Larson Christina Haring-Larson, WSBA No. 30121 Of Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that I served the foregoing PLAINTIFFS’ MOTION FOR ISSUANCE

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By: /s/ Christina Haring-Larson ____ Christina Haring-Larson, WSBA No. 30121 Of Attorneys for Plaintiffs Dated this 8th day of August, 2013. SLINDE NELSON STANFORD by the following indicated method(s): by faxing full, true, and correct copies thereof to said attorney to the fax number noted above, which is the last known fax number for said attorney, on the date set forth below. by emailing full, true, and correct copies thereof to said attorney to the email address noted above, which is the last known email address for said attorney, on the date set forth below. by notice of electronic filing using the CM/ECF system (LR 100.7(a)(2)). by causing full, true and correct copies thereof to be mailed to the attorney(s) at the attorney(s) last-known office address(es) listed above on the date set forth below. OF JUDGMENT IN AMOUNT AGAINST CERTAIN DEFENDANTS PURSUANT TO CONFESSIONS OF JUDGMENT on: Mark D. Kimball MDK Law Associates 777 108th Ave NE, Suite 2170 Bellevue, WA 98004-5118 Stellman Keehnel DLA Piper LLP 701 5th Ave, Suite 7000 Seattle, WA 98104-7004

PAGE 1 – CERTIFICATE OF SERVICE Case No. 2:13-CV-1034-MJP

SLINDE NELSON STANFORD 601 Union Street, Suite 4400 Seattle, WA 98101 p. 206-237-0020; f. 503.417.4250

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