District Court, Silver Summit Department The Honorable Kara
Pettit No. 144500139
Victoria Plaia, Appellant Pro Se
C. Andreasen and Laura D. Johnson, Attorneys for Appellee
DIANA HAGEN authored this Opinion, in which JUDGES GREGORY K.
ORME and DAVID N. MORTENSEN concurred.
Alina Victoria Plaia appeals the district court's
enforcement of the stipulation (Stipulation) she entered into
with her ex-husband Michael Allen Plaia in the course of
their divorce proceeding. Alina argues that the Stipulation
should be set aside because it distributes non-marital
property-shares in a company that employed Alina-to Michael
as the result of a mutual mistake and because it inequitably
distributes the shares. Because the district court did not
abuse its discretion in enforcing the Stipulation and
distributing half of the shares to Michael, we affirm.
Michael and Alina married in 2001. In 2009, Alina co-founded
Wide Bridge, Inc., an advisory and financial services
company. In 2010, Alina, Michael, and their two children
moved from New Jersey to Utah, although Alina continued to
travel to New York for her work with Wide Bridge. In 2012,
Alina acquired a company named Luxoft as a client for Wide
Bridge. As compensation for Alina's work on Luxoft's
initial public offering (IPO), Luxoft and Alina entered into
an engagement letter, which Alina asserts "provided for
a grant of up to 29, 412 shares of [Luxoft] to [Alina], the
CEO and Co-founder of [Wide Bridge], subject to other terms
and conditions." Alina assisted Luxoft with its IPO in June
2013, and she became its Vice President of Global
Of the 29, 412 shares, Alina "was issued and received 5,
886 . . . in February 2014, pursuant to a restricted share
award agreement." The restricted share award agreement
provided that the 5, 886 shares would vest on June 15, 2014,
subject to Alina's satisfaction of the "Criteria of
Long Service Condition" or "CLS."
required Alina's continued "employment or service as
a consultant" for Luxoft through the vesting date.
According to email correspondence between Luxoft and Alina
dated April 1, 2015, the 5, 886 shares were delivered in
2014,  with the expectation that Alina would
receive the remaining 23, 526 shares between 2015 and 2017.
In July 2014, Michael filed a petition for divorce in Utah.
Alina subsequently filed for divorce in New Jersey. In her
disclosures of the parties' marital assets, Alina listed
"Luxoft Holding via Morgan Stanley 29, 412 shares at $32
(5, 886 vested)."
Each represented by counsel, Alina and Michael entered into
mediation and on October 2, 2014, they signed the
Stipulation, in which the parties agreed as follows:
During the course of the marriage, the parties acquired an
interest in a business known as Wide Bridge, Inc. with Luxoft
as their primary client. With the exception of the Luxoft
shares awarded to [Michael] herein, [Alina] is awarded all
the parties['] interest, accounts and assets in Wide
Bridge, Inc. and shall assume, and pay all debt associated
with the parties' interest in Wide Bridge, Inc., holding
[Michael] harmless therefrom. After receipt of the Luxoft
shares awarded to [Michael], [Michael] hereby waives all
interest in Wide Bridge, Inc.
Stipulation further provided that Michael and Alina were to
receive one-half each of 23, 526 unvested Luxoft shares and
5, 886 vested shares. The Stipulation also equally divided
the shares that Michael owned in his employer's company
but it awarded Michael all the 2014 distributions Michael
received from those shares. Regarding the shares that Alina
and Michael agreed to divide equally as marital property, the
Stipulation provided that "[e]ach party will sell the
shares of stock, stock option and units awarded to ...