In Re: Elizondo
| Alonso Ancira Elizondo |
| UBS AG |
| 3:2020cv01729 |
| November 9, 2020 |
| US District Court for the District of Connecticut |
| Alvin W Thompson |
| Other Statutory Actions |
| 28 U.S.C. § 1782 |
| None |
Docket Report
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This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.
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| Set/Reset Deadlines as to #1 EXPARTE MOTION. Responses due by 1/11/2021. (Ferguson, L.) |
Filing 45
ORDER: The Joint Motion for Extension (ECF No. #44 ) is hereby GRANTED. The respondent has until January 11, 2021 to file a response to the Petitioner's 1782 Application. It is so ordered. Signed by Judge Alvin W. Thompson on 12/11/2020. (Burks, L.)
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| Filing 44 Joint MOTION for Extension of Time until January 11, 2021 for Respondent to Respond to Petitioner's 1782 Application by Alonso Ancira Elizondo. (Norman-Schiff, David) |
| Set/Reset Deadlines as to #1 EXPARTE MOTION. Responses due by 12/11/2020. (Ferguson, L.) |
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Filing 43
ORDER: Motion for Extension of Time to File Response/Reply (ECF #40 ) is hereby GRANTED. Response to the Exparte Application (ECF No. #1 ) is due by 12/11/2020. It is so ordered. Signed by Judge Alvin W. Thompson on 11/19/20. (Burks, L.)
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| Filing 40 Second MOTION for Extension of Time to File Response/Reply as to #1 EXPARTE MOTION until December 11, 2020 by UBS AG. (Harris, Helen) |
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Filing 42
STANDING PROTECTIVE ORDER. Signed by Judge Alvin W. Thompson on 11/9/2020. (Agati, Kathryn)
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Filing 41
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alvin W. Thompson on 11/9/2020. (Agati, Kathryn)
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| Filing 39 Minute Entry for proceedings held before Judge Alvin W. Thompson: Telephonic Status Conference held on 11/9/2020. Applicant's Response to Order to Show Cause (ECF NO. #18 ) is hereby APPROVED. It is so ordered. Total Time: 5 mins. (Burks, L.) |
| Filing 38 NOTICE of Appearance by Lucas Bento on behalf of Alonso Ancira Elizondo (Bento, Lucas) |
| Filing 37 NOTICE of Appearance by Juan Pablo Morillo on behalf of Alonso Ancira Elizondo (Morillo, Juan) |
| Filing 36 NOTICE of Appearance by Nathan James Muyskens on behalf of UBS AG (Muyskens, Nathan) |
| Filing 35 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 11/9/2020 at 2:30 p.m. before Judge Alvin W. Thompson. Dial-in instructions have been emailed to counsel of record. Anyone wishing to observe this proceeding should contact chambers at 860-240-3224 to request the dial-in instructions. (Burks, L.) |
| Filing 34 NOTICE of Appearance by Kristin Taylor Casey on behalf of Alonso Ancira Elizondo (Casey, Kristin) |
| Filing 33 NOTICE of Appearance by Jeanhee Hong on behalf of Alonso Ancira Elizondo (Hong, Jeanhee) |
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Filing 32
ORDER granting #31 Motion to Appear for Attorney Nathan James Muyskens to be Admitted Pro Hac Vice. Signed by Clerk on 10/29/2020. (Agati, Kathryn)
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| Filing 31 MOTION for Attorney(s) Nathan James Muyskens to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6187506) by UBS AG. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing)(Muyskens, Nathan) |
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Filing 30
ORDER: The Consent Motion for Extension of Time to File Response/Reply (ECF No. #23 ) is hereby GRANTED. Respondent has until 11/20/2020 to file a response. It is so ordered. Signed by Judge Alvin W. Thompson on 10/28/2020. (Burks, L.)
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| Filing 29 CERTIFICATE OF GOOD STANDING re #11 MOTION for Attorney(s) Kristin T. Casey to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6074943) by Alsonso Ancira Elizondo. (Smith, Kevin) |
| Filing 28 CERTIFICATE OF GOOD STANDING re #10 MOTION for Attorney(s) Lucas Bento to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6074942) by Alsonso Ancira Elizondo. (Smith, Kevin) |
| Filing 27 CERTIFICATE OF GOOD STANDING re #9 MOTION for Attorney(s) Jeanhee Hong to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6074941) by Alsonso Ancira Elizondo. (Smith, Kevin) |
| Filing 26 CERTIFICATE OF GOOD STANDING re #8 MOTION for Attorney(s) Juan P. Morillo to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6074939) by Alsonso Ancira Elizondo. (Smith, Kevin) |
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Filing 25
ORDER OF TRANSFER. Case reassigned to Judge Alvin W. Thompson for all further proceedings. Signed by Judge Thomas O. Farrish on 10/23/2020.(Bozek, M.)
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Filing 24
ORDER re: recusal of Judge Thomas O. Farrish. Judge Farrish recuses himself from this case pursuant to 28 U.S.C. 455(a). The Respondent is represented by Attorney Helen Harris of Day Pitney LLP. Judge Farrish was, until December 31, 2019, a partner of that firm. The Judicial Conference Committee on Codes of Conduct's Advisory Opinion No. 24 indicates that a judge should recuse himself from cases in which his former firm appears, for a period of at least two years. See also Swoverland v. GlaxoSmithKline, No. 3:10-CV-914 (SRU), 2010 WL 7862769, at *1 (D. Conn. Aug. 23, 2010) ("[F]or at least two years after taking the bench, a judge should recuse himself from cases in which lawyers from his former firm appears."). Judge Farrish therefore recuses himself, and the Clerk of the Court is respectfully directed to reassign the case to another judge. Signed by Judge Thomas O. Farrish on 10/22/2020.(LaRue-Zitzkat, Sage)
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| Filing 23 Consent MOTION for Extension of Time to File Response/Reply as to #1 EXPARTE MOTION until November 20, 2020 by UBS AG. (Harris, Helen) |
| Filing 22 Corporate Disclosure Statement by UBS AG identifying Corporate Parent UBS Group AG for UBS AG. (Harris, Helen) |
| Filing 21 NOTICE of Appearance by Helen Harris on behalf of UBS AG (Harris, Helen) |
| Filing 20 AFFIDAVIT of Service for Ex Parte Application and Memo of Law; Declaration of Juan Morillo and Exhibits, Declaration of Gustavo Adolfo Madero Ucero, Declaration of J. Trelles and M. Sese, Order re Application for an Order to Conduct Discovery re Order 19 served on UBS AG, Stamford Branch c/o Corporation Service Company on October 2, 2020, filed by Alsonso Ancira Elizondo. (Norman-Schiff, David) |
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Filing 19
ORDER re Application for an Order to Conduct Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C. 1782. The Court has reviewed the Applicant's response to the September 14, 2020 show cause order. The Applicant is directed to serve a copy of the Application, along with its supporting memorandum, declarations and exhibits, and a copy of this Order on UBS AG by October 2, 2020. Once service is made, the Applicant shall file an affidavit of service on the docket. UBS AG shall have twenty-one days from the date of service in which to file any response or opposition to the Application. UBS AG shall preserve the documents at issue until the Application is decided. Signed by Judge Thomas O. Farrish on 09/22/2020. (Farrish, Thomas)
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| Filing 18 RESPONSE TO 17 Order to Show Cause,,,,,, by Alsonso Ancira Elizondo filed by Alsonso Ancira Elizondo. (Smith, Kevin) |
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Filing 17
ORDER TO SHOW CAUSE re: Petition for Discovery Order Pursuant to 28 U.S.C. 1782. The petitioner, Alonso Ancira Elizondo, has applied ex parte for an order pursuant to 28 U.S.C. 1782 permitting him to take discovery from the Stamford, Connecticut branch of UBS AG for use in Mexican and Spanish proceedings. Although applications for discovery orders under Section 1782 can be made ex parte, Gushlak v. Gushlak, 486 F. Appx 215, 217 (2d Cir. 2015) (summary order), the statute does not require that they be treated that way. Courts in the Second Circuit have declined to do so when there has been no showing that ex parte treatment is necessary, and where, as here, the requested documents are financial records in the custody of a bank. E.g., In re Application of Furstenburg Finance SAS, No. 1:18-mc-00044-JGK (S.D.N.Y.), Order at ECF No. 9 (Feb. 14, 2018); In re Application of Iraq Telecom, No. 18-mc-458 (LGS) (OTW) (S.D.N.Y.), Order at ECF No. 8 (Oct. 22, 2018).Accordingly, the petitioner is ORDERED TO SHOW CAUSE, by written submission made on or before September 22, 2020, why the Court should not order him to serve his petition and related documents upon UBS AG and allow UBS AG an opportunity to respond to the application before ruling upon it. The petitioner's submission shall also address whether service should be made upon other persons who may claim an interest in the discovery requests, e.g., the account holder, and whether such persons should be given an opportunity to respond to the application. It is so ordered. Signed by Judge Thomas O. Farrish on 09/14/2020.(Farrish, Thomas)
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Filing 16
ORDER granting #11 Motion to Appear Pro Hac Vice, Certificate of Good Standing due by 11/9/2020. Signed by Clerk on 9/10/2020. (Wood, R.)
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Filing 15
ORDER granting #10 Motion to Appear Pro Hac Vice, Certificate of Good Standing due by 11/9/2020. Signed by Clerk on 9/10/2020. (Wood, R.)
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Filing 14
ORDER granting #9 Motion to Appear Pro Hac Vice, Certificate of Good Standing due by 11/9/2020. Signed by Clerk on 9/10/2020. (Wood, R.)
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Filing 13
ORDER granting #8 Motion to Appear Pro Hac Vice, Certificate of Good Standing due by 11/9/2020. Signed by Clerk on 9/10/2020. (Wood, R.)
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| Filing 12 ExParte Document by Alonso Ancira Elizondo Exhibit A to Memorandum of Law in Support of Ex Parte Application [Dkt. 1-1]. (Smith, Kevin) |
| Filing fee received from Wiggin and Dana: $47, receipt number CTXN00021942. (Reis, Julia) |
| Filing 11 MOTION for Attorney(s) Kristin T. Casey to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6074943) by Alonso Ancira Elizondo. (Attachments: #1 Affidavit)(Smith, Kevin) |
| Filing 10 MOTION for Attorney(s) Lucas Bento to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6074942) by Alonso Ancira Elizondo. (Attachments: #1 Affidavit)(Smith, Kevin) |
| Filing 9 MOTION for Attorney(s) Jeanhee Hong to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6074941) by Alonso Ancira Elizondo. (Attachments: #1 Affidavit)(Smith, Kevin) |
| Filing 8 MOTION for Attorney(s) Juan P. Morillo to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6074939) by Alonso Ancira Elizondo. (Attachments: #1 Affidavit)(Smith, Kevin) |
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Thomas O. Farrish on 9/3/2020. (Reis, Julia)
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| Filing 6 NOTICE of Appearance by David Norman-Schiff on behalf of Alonso Ancira Elizondo (Reis, Julia) |
| Filing 5 NOTICE of Appearance by Kevin M. Smith on behalf of Alonso Ancira Elizondo (Reis, Julia) |
| Filing 4 ExParte Document: Declaration of Javier Sanchez-Vera Gomez-Trelles and Manuel Olle Sese by Alonso Ancira Elizondo. (Reis, Julia) |
| Filing 3 ExParte Document: Declaration of Gustavo Adolfo Madero Ucero by Alonso Ancira Elizondo. (Reis, Julia) |
| Filing 2 ExParte Document: Declaration of Juan P. Morillo by Alonso Ancira Elizondo. (Reis, Julia) (Additional attachment(s) added on 9/3/2020: #1 Exhibit, #2 Exhibit Part Two) (Reis, Julia). |
| Filing 1 EXPARTE Application for an Order to Conduct Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C. 1782 by Alonso Ancira Elizondo. (Reis, Julia) (Additional attachment(s) added on 9/3/2020: #1 Memorandum in Support) (Reis, Julia). (Additional attachment(s) added on 9/9/2020: #3 Replacement Memorandum in Support) (Reis, Julia). |
| ***Staff notes: Filing fee in the amount of $47 received by Wiggin and Dana. Receipt number pending. (Reis, Julia) |
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