SPS I Fundo de Investimento de Acoes-Investimento no Exterior
Case Number: 1:2022mc00118
Filed: April 26, 2022
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Other
Cause of Action: M 77 Application to have subpoena issued to person living in this district re: action in foreign cou

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Date Filed Document Text
May 2, 2024 Opinion or Order Filing 89 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/2/24) (yv)
April 27, 2024 Opinion or Order Filing 86 MEMORANDUM AND ORDER denying 78 Letter Motion to Stay re: 78 MOTION to Stay Discovery Pending Appeal., 83 LETTER MOTION to Stay (administrative) addressed to Judge Lewis A. Kaplan from William B. Adams dated Apr il 25, 2024. ; denying as moot 83 Letter Motion to Stay re: 78 MOTION to Stay Discovery Pending Appeal., 83 LETTER MOTION to Stay (administrative) addressed to Judge Lewis A. Kaplan from William B. Adams dated A pril 25, 2024. Intervenors' motion for a stay of discovery pending appeal (Dkt 78) is denied. Intervenors' motion for what they characterize as an administrative stay of discovery pending resolution of their motion for a stay pending appeal (Dkt 83) is denied as moot. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/27/24) (yv)
March 4, 2024 Opinion or Order Filing 75 MEMORANDUM OPINION. For the forgoing reasons, Petitioner's amended application is granted. Barclays NY shall comply with the subpoena and produce the discovery requested to SPS. The parties shall confer with respect to whether any protective or confidentiality order is warranted and, if so, submit a proposed order to the Court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/4/24) (yv)
August 23, 2023 Opinion or Order Filing 73 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lewis A. Kaplan on 8/23/2023) (ate)
August 21, 2023 Opinion or Order Filing 70 ORDER granting 68 Letter Motion for Discovery. Motion granted. Applicant shall submit for a signature and entry a clean copy of the proposed protective order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/21/2023) (tg)
May 22, 2023 Opinion or Order Filing 61 ORDER: The Stipulation to Extend Deadline to Reply to Opposition to Amended Application, filed May 19, 2022 is hereby GRANTED.SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/22/2023) (ama)
January 24, 2023 Opinion or Order Filing 46 MEMORANDUM OPINION. Intervenors' motion for a stay of discovery pending appeal from the Court's December 9, 2022 Memorandum Opinion (Dkt 37) is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/24/23) (yv)
December 23, 2022 Opinion or Order Filing 40 ORDER granting in part and denying in part 37 Motion to Stay re: 37 MOTION to Stay Discovery Pending Appeal., 39 LETTER MOTION to Stay (administrative) addressed to Judge Lewis A. Kaplan from William B. Adams d ated December 22, 2022. ; granting in part and denying in part 39 Motion to Stay re: 37 MOTION to Stay Discovery Pending Appeal., 39 LETTER MOTION to Stay (administrative) addressed to Judge Lewis A. Kaplan from William B. Adams dated December 22, 2022. Intervenors seek what they characterize as an administrative stay of discovery pending resolution of their motion for a stay pending appeal and any renewed stay motion they may make in the Court of Appeals. The Court hereby directs that the applicant for discovery under 28 U.S.C. § 1782 file any opposition to the Intervenors' motion in this Court for a stay of discovery pending appeal on or before January 6, 2023 and that Intevenors file any r eply papers in support of their motion on or before January 10, 2023. In view of the short interval that would elapse between now and the full briefing of Intervenors motion for a stay pending appeal, Intervenors' motion is granted to the extent that discovery from the outstanding subpoena to J.P. Morgan Chase is stayed pending this Court's ruling on Intervenors' motion for a stay pending appeal. The motion is denied in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/23/22) (yv)
December 9, 2022 Opinion or Order Filing 34 MEMORANDUM OPINION re: 20 MOTION to Vacate the Court's Ex Parte Order and to Quash Subpoenas for the Production of Documents for Use in a Foreign Proceeding. filed by JBS S.A., J&F Investimentos S.A., Wesley Batista, Joe sley Batista. For the foregoing reasons, Intervenors motion to vacate the April 26, 2022 Order and quash the subpoenas [Dkt 20] is GRANTED as to Respondent Barclays USA without prejudice to an amended application and DENIED as to Respondent JPM. JPM shall comply with the subpoena and produce the discove1y requested to SPS. The parties shall confer with respect to whether any protective or confidentiality order is warranted and, if so, submit a proposed order to the Court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/9/22) (yv)
May 20, 2022 Opinion or Order Filing 17 ORDER granting 9 Letter Motion for Discovery. In view of Application of Sarria, SA., 119 F.3d 143, 148 (2d Cir. 1997), and In re Letter Rogatory from Just. Ct., Dist. of Montreal, 523 F.2d 562, 563-64 (6th Cir. 1975), Movants' application for permission to intervene for the stated purpose (Dkt 9) is granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/19/22) (yv)
April 26, 2022 Opinion or Order Filing 8 ORDER: It is therefore: ORDERED that the Application is granted; and it is further ORDERED that Petitioner is authorized to conduct discovery in this District relating to the issued identified in the Application and supporting papers for use in the Brazilian Proceedings in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules of this Court, by having the Clerk issue to Respondents subpoenas for the production of documents in the forms annexed hereto as Exhibits 1-2, respectively; and it is further ORDERED that counsel for Petitioner are hereby appointed to serve subpoenas upon Respondents and take testimony in this matter before any certified court reporter authorized to take testimony and administe r oaths, and such court reporters are hereby authorized to take testimony in this matter; and it is further ORDERED that Petitioners' counsel shall serve a copy of this Order and all papers upon which it was based together with said subpoena s; and it is further ORDERED that Respondents are directed to comply with the subpoenas in accordance with the Federal Rules of Civil Procedure and Local Civil Rules of this District and Rules of this Court, as applicable; provided, however, that this Order is without prejudice to the rights of Respondent to file a motion to vacate, modify, or quash; and it is further ORDERED that Petitioner is authorized in its discretion to use or not use any discovery obtained by this Order in aid of the Brazilian Proceedings without further leave of this Court; and it is further ORDERED that this Court has and shall retain jurisdiction over this matter. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/26/2022) (vfr)
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