Did a quick search and determined service of process in the US from another country falls under the Hague Service Convention. This link goes in depth the requirements and process for service from Canada (and all other signatory countries) to the US. HCCH | Authority
In short, the Canadian attorney would have to submit to the US Dept of Justice which has contracted its service of process to a private entity Process Service International from Seattle, WA. Once PSI gets the requested service of process and the fee, they will serve within 30 days.
Therefore, based upon my experience, as I mentioned earlier, since GKX has not filed a proof of service in the MDMN lawsuit as of Fri, most likely, the clock has not started on MDMN’s 35 days to respond (giving a deadline of approx 12/28/16 for MDMN’s response). Once the clock starts, MDMN most likely will file some type of motion relating to the complaint seeking to dismiss it or transfer it to Nevada. A greater chance exists for the second motion to transfer because if MDMN fights anything substantive in Canada, they would have submitted themselves to the jurisdiction of the Canadian court and must handle the full litigation in Canada. Since MDMN most likely will file a motion, they also will have docket a court date to present the motion before the Canadian judge and provide notice of the motion to GKX. Generally, when you docket a motion to transfer, you give yourself approx 30 days to allow you to provide written notice to the opposing side and proof you provided the written notice. So, if MDMN file their motion approx 12/22/16 before the holiday, then they would most likely present the motion before the court approx 1/18/17. GKX would obviously want to respond to the motion in writing (28 days usually), and MDMN would reply to the response in writing (14-21 days usually), then the judge would set a hearing date (usually 14-30 from the date of the last filing to allow the judge to review courtesy copies). We call this process a briefing schedule. So the judge would set the hearing date approx end of March, early April.
For everyone concerned about the lawsuit, IMO I would not begin having a concern unless GKX files its proof of service, MDMN does not file anything after 35 days, AND GKX files a motion for default against MDMN. If MDMN responds in a timely fashion after service with a motion to transfer to Nevada, then IMO nothing will happen with the case until at least end of March, early April on the transfer issue. Then you have to deal with the actual merits of the case.
Then, if the matter does get transferred to the US, it will probably take a good 90 to 120 days for the case to get registered in the Nevada court (at Les’ expense). I base this upon my experience just getting a case transferred from one county to another which usually takes 60 to 90+. Then after the transfer, MDMN would most likely file a motion to dismiss the complaint for various reasons and they would have to do the whole briefing schedule thing again at least another 3 to 4 months. Then, depending upon the result of the motion to dismiss, Les would have to refile an Amended Complaint of MDMN would have to answer the current complaint (another 30+ days). If its an amended complaint, then MDMN would surely file a second motion to dismiss (another briefing schedule), wash, rinse, repeat. It’s not unheard of to have two, three, or even four amended complaint before the court would hold it sufficient. Especially due to the poor pleading quality of the first complaint. It shows Les attorney not the brightest bulb on the xmas tree and will probably file a garbage amended complaint.
My point with the above, nothing exciting will happen with this case for a long time. Once MDMN responds, we can just forget about the case for a long time. At least a year to 18 months. Auryn and MDMN will probably have reported a year+ of revenue, have a fully operating mine, and hopefully paid us some dividends before any real activity happens on this case. Les needs to get over the first hump of serving MDMN and MDMN needs to over the first hump of filing its first motion, then let all of us forget about it.
I hope this post helps alleviate some concerns. I keep apologizing for the long responses. I swear Doc didn’t teach me how to respond.
You guys need to start arguing over less complicated issues like politics! LOL! 