confessions of judgement in kyko global inc vs madhavi vuppalapati & prithvi info solutions ltd

PLAINTIFFS’ MOTION FOR ISSUANCE OF JUDGMENTIN AMOUNT AGAINST CERTAIN DEFENDANTSPURSUANT TO CONFESSIONS OF JUDGMENTCase No. 2:13-CV-1034-MJP

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SLINDE NELSON STANFORD

601 Union Street, Suite 4400Seattle, WA 98101

p. 206-237-0020; f. 503.417.4250

The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

KYKO GLOBAL, INC., a Canadiancorporation, and KYKO GLOBAL GMBH, aBahamian corporation,

Plaintiffs,

v.

PRITHVI INFORMATION SOLUTIONS,LTD., a Pennsylvania corporation, PRITHVICATALYTIC, INC., a Delaware corporation,PRITHVI SOLUTIONS, INC., a Delawarecorporation, PRITHVI INFORMATIONSOLUTIONS INTERNATIONAL, LLC, aPennsylvania limited liability company,INALYTIX, INC., a Nevada corporation,INTERNATIONAL BUSINESSSOLUTIONS, INC., a North Carolina,corporation, AVANI INVESTMENTS, INC., aDelaware corporation, ANANYA CAPITALINC., a Delaware corporation, MADHAVIVUPPALAPATI AND ANANDHANJAGARAMAN, husband and wife and themarital community composed thereof, GURUPANDYAR AND JANE DOE PANDYAR,husband and wife and the marital communitycomposed thereof, and SRINIVAS SISTAAND JOHN DOE SISTA, husband and wifeand the marital community composed thereof,DCGS, INC., a Pennsylvania company, EPP,

Case No. 2:13-CV-1034 MJP

PLAINTIFFS’ MOTION FORISSUANCE OF JUDGMENT INAMOUNT AGAINST CERTAINDEFENDANTS PURSUANT TOCONFESSIONS OF JUDGMENT

NOTE ON MOTION CALENDAR:AUGUST 9, 2013

[CLERK’S ACTION REQUIRED]

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


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p. 206-237-0020; f. 503.417.4250

INC., a Washington corporation, FINANCIALOXYGEN, INC., a Washington corporation,HUAWEI LATIN AMERICAN SOLUTIONS,INC., a Florida corporation, L3C, INC., aWashington 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

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

$17,838,530 as confessed to by the Defendants under the Washington statutory procedure set

forth under RCW 4.60.010 et seq. and as further outlined below.

II. EVIDENCE RELIED UPON

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



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p. 206-237-0020; f. 503.417.4250

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

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

and assent thereto shall be in writing and subscribed by the parties making the same, and

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

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



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p. 206-237-0020; f. 503.417.4250

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

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

to the presentation requirements of RCW 4.60.070, an Order granting Plaintiff’s Motion for the

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.


By: /s/ Christina Haring-LarsonChristina Haring-Larson, WSBA No. 30121

Of Attorneys for Plaintiffs


CERTIFICATE OF SERVICECase No. 2:13-CV-1034-MJP

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p. 206-237-0020; f. 503.417.4250

CERTIFICATE OF SERVICE

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

OF JUDGMENT IN AMOUNT AGAINST CERTAIN DEFENDANTS PURSUANT TO

CONFESSIONS OF JUDGMENT on:

Mark D. KimballMDK Law Associates777 108th Ave NE, Suite 2170Bellevue, WA 98004-5118

Stellman KeehnelDLA Piper LLP701 5th Ave, Suite 7000Seattle, WA 98104-7004

by the following indicated method(s):

by faxing full, true, and correct copies thereof to said attorney to the fax number notedabove, which is the last known fax number for said attorney, on the date set forthbelow.

by emailing full, true, and correct copies thereof to said attorney to the email addressnoted above, which is the last known email address for said attorney, on the date setforth 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 theattorney(s) last-known office address(es) listed above on the date set forth below.

Dated this 8th day of August, 2013.


By: /s/ Christina Haring-Larson ____Christina Haring-Larson, WSBA No. 30121

Of Attorneys for Plaintiffs
