In re Application of Yuan Hsu for Order to Take Discovery for Use in Foreign Proceedings
| Wells Fargo Bank, National Association, JPMorgan Chase Bank, National Association, U.S. Bank, National Association, Citibank, National Association and Bank of America, National Association |
| Yuan Hsu |
| 3:2023mc80159 |
| June 1, 2023 |
| US District Court for the Northern District of California |
| Trina L Thompson |
| Other Statutory Actions |
| None |
Docket Report
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Filing 12
ORDER GRANTING #1 EX PARTE APPLICATION FOR AN ORDER TO OBTAIN DISCOVERY PURSUANT TO 28 U.S.C. 1782. Signed by Judge Trina L. Thompson on 7/28/2023. (rfm, COURT USER) (Filed on 7/28/2023)
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L Thompson for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case. Signed by Clerk on 06/29/2023. (mbc, COURT STAFF) (Filed on 6/29/2023)
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Filing 10
ORDER REASSIGNING CASE. This is an application under 28 U.S.C. 1782 for discovery for use in a foreign proceeding. The court previously issued a procedural order directing the applicant to "indicat[e] whether he requests the application to be considered ex parte." Order - ECF No. 8 at 2. The court explained that because a magistrate judge lacks jurisdiction to resolve a 1782 application without the consent of all parties, the court would reassign the matter to a district judge "[i]f [the applicant] requests, and the court determines, that the matter should be considered ex parte." Id.. The applicant then requested that the application be considered ex parte. Resp. - ECF No. 9 at 2.An ex parte application is an acceptable method for seeking discovery pursuant to 1782. In re Letters Rogatory from Tokyo Dist., 539 F.2d 1216, 1219 (9th Cir. 1976) (holding that the subpoenaed parties may raise objections and exercise their due-process rights by moving to quash the subpoenas); Rainsy v. Facebook, Inc., 311 F. Supp. 3d 1101, 1116 (N.D. Cal. 2018) ("Courts typically handle [] 1782 discovery requests in the context of an ex parte application[.]") (cleaned up); Banca Pueyo SA v. Lone Star Fund IX (US), L.P., 55 F.4th 469, 474 (5th Cir. 2022) ("[t]here is no reason to disapprove ex parte applications" under 1782). The court thus asks the clerk of court to reassign this matter to a randomly selected district judge.Signed by Judge Laurel Beeler on June 27, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1, COURT STAFF) (Filed on 6/27/2023)
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| Filing 9 Response re #8 Order Applicant's Statement Requesting Ex Parte Consideration byYuan Hsu. (Ly, John) (Filed on 6/27/2023) |
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Filing 8
ORDER. In the attached order, the court sets out a procedure to position the application for decision. (lblc1, COURT STAFF) (Filed on 6/24/2023)
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Filing 7
RELATED CASE ORDER by Magistrate Judge Laurel Beeler. The Court has determined that case no. 23-cv-80159-HSG is related to case nos. 21-mc-80232-LB, 22-mc-80062-LB, and 22-mc-80120-LB. (shy, COURT STAFF) (Filed on 6/23/2023)
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| Case Reassigned to Magistrate Judge Laurel Beeler. Judge Haywood S Gilliam, Jr no longer assigned to the case. (mbc, COURT STAFF) (Filed on 6/23/2023) |
| Filing 6 Judicial Referral for Purpose of Determining Relationship of Cases Re 21-mc-80232-LB; 22-mc-80120-LB; and 22-mc-80062-LB. Signed by Judge Haywood S. Gilliam, Jr. on 6/21/2023. (ndr, COURT STAFF) (Filed on 6/21/2023) |
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Filing 5
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case,. Signed by Clerk on 6/5/23. (as, COURT STAFF) (Filed on 6/5/2023)
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Filing 4
RECUSAL ORDER by Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 6/5/2023)
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| Filing 3 Proposed Order re #1 Ex Parte Application In re Application of YUAN HSU by Yuan Hsu. (Ly, John) (Filed on 6/2/2023) |
| Filing 2 Case assigned to Magistrate Judge Alex G. Tse. (ark, COURT STAFF) (Filed on 6/2/2023) |
| Filing 1 EX PARTE APPLICATION In re Application of YUAN HSU against Wells Fargo Bank, National Association, JPMorgan Chase Bank, National Association, U.S. Bank, National Association, Citibank, National Association, Bank of America, National Association ( Filing fee $ 49, receipt number ACANDC-18322434.). Filed by Yuan Hsu. (Attachments: #1 Notice of Appearance of Counsel, #2 Notice of Related Cases, #3 Declaration Petitioner Yuan Hsu Decl., #4 Declaration An Hsu Decl., #5 Declaration Hung Ou Yang Decl., #6 Memorandum of Law ISO Ex Parte App., #7 Local Rule 3-15 Certification)(Ly, John) (Filed on 6/1/2023) Modified on 6/2/2023 (wsn, COURT STAFF). |
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