IN RE: APPLICATION TO CONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS
| Peru |
| Nick Khin, David Flinn, Drew Kelley and IGT |
| Elliot Rosenberg, Edmundo Rosenberg, Erwin Rosenberg and Felix Rosenberg |
| 1:2024mc24364 |
| November 6, 2024 |
| U.S. District Court for the Southern District of Florida |
| Paul C Huck |
| Lauren Fleischer Louis |
| Other Statutory Actions |
| 28 U.S.C. § 1782 Letter rogatory - appointment |
| None |
Docket Report
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This docket was last retrieved on December 31, 2024. A more recent docket listing may be available from PACER.
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Filing 35
PAPERLESS ORDER granting #31 Motion for Extension of Time. The #34 Response filed by Elliot Rosenberg indicates that he does not oppose Petitioners' request to file their Response in opposition to the Motions to Quash and for Protective Order and their Reply in support of the Motion to Compel by January 16, 2025. Accordingly, the #31 Motion for Extension of Time is GRANTED. If they wish to do so, Petitioners must file the following on or before January 16, 2025: (i) a Response brief in opposition to the #25 Motion to Vacate; (ii) a Reply brief in support of the #26 Motion to Compel; (iii) a Response brief in opposition to Erwin Rosenberg's #29 Motion to Quash and Motion for Protective Order; and (iv) a Response brief in opposition to Elliot Rosenberg's #30 Motion to Quash and Motion for Protective Order. Petitioners may combine two or more of the foregoing into a single omnibus brief. Signed by Magistrate Judge Lauren Fleischer Louis on 12/31/2024. (mrg)
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| Filing 34 RESPONSE to Motion re #31 MOTION for Extension of Time to Respond to Motions to Vacate, to Quash, and for Protective Order (ECF 29 & 30) and file Reply Brief in support of Motion to Compel (ECF 26) re #26 MOTION to Compel Respondents, Erwin Rosenberg and Ellio filed by Elliot Rosenberg. Replies due by 1/7/2025. (Stok, Robert) |
| Filing 33 RESPONSE in Opposition re #26 MOTION to Compel Respondents, Erwin Rosenberg and Elliot Rosenberg's Compliance with Subpoenas issued pursuant to the Court's Order filed by Elliot Rosenberg. Replies due by 1/7/2025. (Stok, Robert) |
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Filing 32
PAPERLESS ORDER Requiring Expedited Response. Petitioners' #31 Motion for Extension of Time indicates that Respondent Elliot Rosenberg opposes the relief sought. Accordingly, Respondent Elliot Rosenberg shall file a response to the #31 Motion for Extension of Time on or before tomorrow, December 31, 2024. Signed by Magistrate Judge Lauren Fleischer Louis on 12/30/2024. (mrg)
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| Filing 31 MOTION for Extension of Time to Respond to Motions to Vacate, to Quash, and for Protective Order (ECF 29 & 30) and file Reply Brief in support of Motion to Compel (ECF 26) re #26 MOTION to Compel Respondents, Erwin Rosenberg and Elliot Rosenberg's Compliance with Subpoenas issued pursuant to the Court's Order , #30 MOTION to Quash the Deposition Subpoena MOTION for Protective Order MOTION to Vacate Order Granting EX Parte Application, #29 MOTION to Quash Applicants' Subpoena MOTION for Protective Order and Response in Opposition to Motion to Compel (ECF No. 26) by David Flinn, IGT, Drew Kelley, Nick Khin. Responses due by 1/13/2025. (Attachments: #1 Text of Proposed Order)(Mercado Robles, Yameel) |
| Filing 30 MOTION to Quash the Deposition Subpoena, MOTION for Protective Order , MOTION to Vacate Order Granting EX Parte Application ( Responses due by 1/7/2025.) by Elliot Rosenberg. (Attachments: #1 Affidavit Affidavit- Notarized, #2 Exhibit Peru appearances, #3 Exhibit Peruvian Order, #4 Exhibit Deposition Transcript)(Stok, Robert) |
| Filing 29 MOTION to Quash Applicants' Subpoena, MOTION for Protective Order and Response in Opposition to Motion to Compel (ECF No. 26) by Erwin Rosenberg. (Brodsky, Benjamin) |
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Filing 28
PAPERLESS ORDER granting #27 Unopposed Motion for Extension of Time. Petitioners IGT, David Flinn, Drew Kelley, and Nick Khin shall file their Response to Respondents' #25 Motion to Vacate on or before January 16, 2025. Signed by Magistrate Judge Lauren Fleischer Louis on 12/23/2024. (mrg)
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #25 MOTION to Vacate Order Granting Ex Parte Application Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in Foreign Proceedings, or in the Alternative, to Quash Subpoena, or in the Alternative, for a Protective Order, with Supporting M by David Flinn, IGT, Drew Kelley, Nick Khin. (Attachments: #1 Text of Proposed Order)(Mercado Robles, Yameel) |
| Filing 26 MOTION to Compel Respondents, Erwin Rosenberg and Elliot Rosenberg's Compliance with Subpoenas issued pursuant to the Court's Order by David Flinn, IGT, Drew Kelley, Nick Khin. Responses due by 1/3/2025. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Mercado Robles, Yameel) |
| Filing 25 MOTION to Vacate Order Granting Ex Parte Application Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in Foreign Proceedings, or in the Alternative, to Quash Subpoena, or in the Alternative, for a Protective Order, with Supporting Memorandum of Law by Felix Rosenberg. Responses due by 1/2/2025. (Attachments: #1 Exhibit 1)(Greenberg, Jake) |
| Attorney Carlos Federico Osorio representing Rosenberg, Elliot (Respondent); Rosenberg, Erwin (Respondent); Rosenberg, Edmundo (Respondent); and Rosenberg, Felix (Respondent); terminated per DE #24 PAPERLESS ORDER. Attorney Grant Stanton Smith representing Rosenberg, Elliot (Respondent); Rosenberg, Erwin (Respondent); Rosenberg, Edmundo (Respondent); and Rosenberg, Felix (Respondent); terminated per DE #24 PAPERLESS ORDER. (caw) |
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Filing 24
PAPERLESS ORDER. THIS CAUSE is before the Court upon Attorney Carlos Federico Osorio, Attorney Grant Stanton Smith, and law firm Osorio Internacional's #23 Renewed Motion to Withdraw, wherein they seek leave to withdraw as co-counsel of record for Respondents Elliot Rosenberg, Erwin Rosenberg, Edmundo Rosenberg, and Felix Rosenberg. Upon consideration, the #23 Motion is GRANTED. The Local Rules of the Southern District of Florida provide that "no attorney shall withdraw the attorney's appearance in any action or proceeding except by leave of Court after notice served on the attorney's client and opposing counsel." S.D. Fla. L.R. 11.1(d)(3)(A). It is within a district court's discretion to permit or deny a motion to withdraw as counsel. See Patnaude v. Sears Pest Control, Inc., No. 08-61980-CIV, 2009 WL 10667065, at *2 (S.D. Fla. May 13, 2009); Baker v. Coto, 154 F. App'x 854, 858 (11th Cir. 2005). Here, Mr. Osorio, Mr. Smith, and Osorio Internacional's #23 Renewed Motion to Withdraw complies with Local Rule 11.1(d)(3)(A), as Respondents consented and opposing counsel was notified. Accordingly, the #23 Motion is GRANTED. Carlos Federico Osorio, Grant Stanton Smith, and Osorio Internacional are permitted to withdraw as counsel of record for Respondents Elliot Rosenberg, Erwin Rosenberg, Edmundo Rosenberg, and Felix Rosenberg. The Clerk of Court shall REMOVE Carlos Federico Osorio, Grant Stanton Smith, and Osorio Internacional as counsel of record for Respondents. Signed by Magistrate Judge Lauren Fleischer Louis on 12/17/2024. (mrg)
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| Filing 23 Renewed MOTION to Withdraw as Attorney by Carlos Osorio for / by Edmundo Rosenberg, Elliot Rosenberg, Erwin Rosenberg, Felix Rosenberg. Responses due by 12/31/2024. (Osorio, Carlos) |
| Filing 22 NOTICE of Attorney Appearance by Robert A. Stok on behalf of Elliot Rosenberg. Attorney Robert A. Stok added to party Elliot Rosenberg(pty:res). (Stok, Robert) |
| Filing 21 NOTICE of Attorney Appearance by Mariana C. Muci on behalf of Edmundo Rosenberg, Erwin Rosenberg. Attorney Mariana C. Muci added to party Edmundo Rosenberg(pty:res), Attorney Mariana C. Muci added to party Erwin Rosenberg(pty:res). (Muci, Mariana) |
| Filing 20 NOTICE of Attorney Appearance by Benjamin Henry Brodsky on behalf of Edmundo Rosenberg, Erwin Rosenberg. Attorney Benjamin Henry Brodsky added to party Edmundo Rosenberg(pty:res), Attorney Benjamin Henry Brodsky added to party Erwin Rosenberg(pty:res). (Brodsky, Benjamin) |
| Filing 19 NOTICE of Attorney Appearance by Jake Matthew Greenberg on behalf of Felix Rosenberg. Attorney Jake Matthew Greenberg added to party Felix Rosenberg(pty:res). (Greenberg, Jake) |
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Filing 18
PAPERLESS ORDER DENYING WITHOUT PREJUDICE Respondents' Counsel's #14 Motion to Withdraw. The Motion states, "[s]ubstantive, irreconcilable differences have arisen with all Respondents." (ECF No. 14 at 1). No further detail is provided. "The mere citation to irreconcilable differences in a motion to withdraw as attorney is insufficient to demonstrate the requisite good cause." Leon v. Grass Roots Complete LLC, No. 24-cv-60474 (S.D. Fla. Sept. 24, 2024) (Order Denying Without Prejudice Motion to Withdraw as Attorney) (citing Innovative Genetics, LLC v. Flavocure Biotech, LLC, No. 21-21457-CV, 2023 WL 2991896, at *1 (S.D. Fla. Mar. 10, 2023)).The Motion to Withdraw also requests a stay of all deadlines and obligations until substitute counsel is secured. Having denied Respondents' Motion to extend or postpone their obligations only one day earlier, the Court again DENIES this relief.The #14 Motion to Withdraw is DENIED without prejudice to renew upon appearance by substitute counsel, which the Motion represents may be as soon as tomorrow. Signed by Magistrate Judge Lauren Fleischer Louis on 12/11/2024. (mrg)
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| Filing 17 RESPONSE in Opposition re #14 MOTION to Withdraw as Attorney by Carlos F. Osorio, Grant S. Smith and the Law Firm of Osorio Internacional, P.A. for / filed by David Flinn, IGT, Drew Kelley, Nick Khin. Replies due by 12/18/2024. (Mercado Robles, Yameel) |
| Filing 16 NOTICE of Striking #15 Response in Opposition to Motion,, filed by Drew Kelley, Nick Khin, David Flinn, IGT by David Flinn, IGT, Drew Kelley, Nick Khin (Mercado Robles, Yameel) |
| Filing 15 STRICKEN: RESPONSE in Opposition re #14 MOTION to Withdraw as Attorney by Carlos F. Osorio, Grant S. Smith and the Law Firm of Osorio Internacional, P.A. for / filed by David Flinn, IGT, Drew Kelley, Nick Khin. Attorney Brandon Thomas Crossland added to party David Flinn(pty:pet), Attorney Brandon Thomas Crossland added to party IGT(pty:pet), Attorney Brandon Thomas Crossland added to party Drew Kelley(pty:pet), Attorney Brandon Thomas Crossland added to party Nick Khin(pty:pet). Replies due by 12/18/2024. (Crossland, Brandon) Modified text per DE #16 Notice of Striking on 12/11/2024 (caw). |
| Filing 14 MOTION to Withdraw as Attorney by Carlos F. Osorio, Grant S. Smith and the Law Firm of Osorio Internacional, P.A. for / by Edmundo Rosenberg, Elliot Rosenberg, Erwin Rosenberg, Felix Rosenberg. Responses due by 12/26/2024. (Osorio, Carlos) |
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Filing 13
PAPERLESS ORDER. This cause is before the Court on Respondents' #8 Motion to Postpone Deposition and Set Briefing Schedule. Having considered the Motion, Response, and Reply, the Motion is DENIED.To the extent Petitioners and Respondents agree to the resetting of one or more depositions, the Motion is moot because Local Rule 26.1(a) permits parties to "stipulate in writing to modify any practice or procedure governing discovery... unless doing so would violate a Court-ordered deadline, obligation, or restriction."To the extent Respondents seek a protective order from a subpoena, they have not set forth good cause. Federal Rule of Civil Procedure 26(c) provides that a party from whom discovery is sought may move for a protective order and the court "may, for good cause, issue an order to protect [the] party or person from annoyance, embarrassment, oppression, or undue burden or expense." To show good cause, "[t]he party requesting a protective order must make a specific demonstration of facts in support of the request as opposed to conclusory or speculative statements about the need for a protective order and the harm which will be suffered without one." McBride v. Walmart Stores E., L.P., No. 18-25072-CV, 2020 WL 8911052, at *1 (S.D. Fla. Feb. 4, 2020). "This is a heavy burden, and a court generally should not prohibit the taking of a deposition '[a]bsent a strong showing of good cause and extraordinary circumstances.'" Stansell v. Revolutionary Armed Forces of Columbia, No. 19-20896-Civ, 2022 WL 7030665, at *1 (S.D. Fla. Oct. 12, 2022) (quoting McBride at *1). Respondents have failed to make such a showing.Respondents contend that they filed this Motion on the last day of the objection period for a subpoena served to Edmundo Rosenberg. Respondents concede that they have not provided Petitioners with written objections to this subpoena because they have been "attending to the preparation of their motion to vacate/limit." (ECF No. #8 at 3). No motion to quash has been filed. In other words, Respondents failed to object or move to quash the subpoena in a timely manner and instead sought this delay on the last day of the objection period based on their representation that a subsequent motion for relief is forthcoming. "A motion for extension of time is not self-executing.... Yet, by filing th[is] motion[] on or near the last day, and then sitting idle pending the Court's disposition of the motion," Respondents "essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, No. 19-cv-20277, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal quotations omitted). Respondents' #8 Motion to Postpone Deposition and Set Briefing Schedule is DENIED. Signed by Magistrate Judge Lauren Fleischer Louis on 12/9/2024. (mrg)
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| Filing 12 REPLY to Response to Motion re #8 MOTION for Extension of Time TO POSTPONE UNILATERALLY SET DEPOSITION PENDING COURT RULING AND TO SET BRIEFING SCHEDULE ON MOTION TO VACATE EX-PARTE ORDER PERMITTING "1782" SUBPOENAS re #3 Order, filed by Edmundo Rosenberg, Elliot Rosenberg, Erwin Rosenberg, Felix Rosenberg. (Smith, Grant) |
| Filing 11 RESPONSE in Opposition re #8 MOTION for Extension of Time TO POSTPONE UNILATERALLY SET DEPOSITION PENDING COURT RULING AND TO SET BRIEFING SCHEDULE ON MOTION TO VACATE EX-PARTE ORDER PERMITTING "1782" SUBPOENAS re #3 Order, filed by David Flinn, IGT, Drew Kelley, Nick Khin. Replies due by 12/16/2024. (Attachments: #1 Exhibit Exhibit 1)(Mercado Robles, Yameel) |
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Filing 10
PAPERLESS ORDER requiring expedited response. This cause is before the Court on Respondents' #8 Motion to Postpone Deposition, which states that Petitioners oppose the granting of this Motion. Petitioners are hereby ORDERED to respond and explain their position by no later than December 9, 2024. Signed by Magistrate Judge Lauren Fleischer Louis on 12/5/2024. (mrg)
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Filing 9
ORDER OF REFERRAL to Magistrate Judge Lauren F. Louis for disposition of all non-dispositive motions and report and recommendation on dispositive motions. Signed by Senior Judge Paul C. Huck on 12/5/2024. See attached document for full details. (jv01)
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| Filing 8 MOTION for Extension of Time TO POSTPONE UNILATERALLY SET DEPOSITION PENDING COURT RULING AND TO SET BRIEFING SCHEDULE ON MOTION TO VACATE EX-PARTE ORDER PERMITTING "1782" SUBPOENAS re #3 Order, by Edmundo Rosenberg, Elliot Rosenberg, Erwin Rosenberg, Felix Rosenberg. Responses due by 12/18/2024. (Attachments: #1 Exhibit Subpoena)(Osorio, Carlos) |
| Filing 7 NOTICE of Attorney Appearance by Carlos Federico Osorio on behalf of Felix Rosenberg. Attorney Carlos Federico Osorio added to party Felix Rosenberg(pty:res). (Osorio, Carlos) |
| Filing 6 NOTICE of Attorney Appearance by Grant Stanton Smith on behalf of Felix Rosenberg. Attorney Grant Stanton Smith added to party Felix Rosenberg(pty:res). (Smith, Grant) |
| Filing 5 NOTICE of Attorney Appearance by Carlos Federico Osorio on behalf of Edmundo Rosenberg, Elliot Rosenberg, Erwin Rosenberg. Attorney Carlos Federico Osorio added to party Edmundo Rosenberg(pty:res), Attorney Carlos Federico Osorio added to party Elliot Rosenberg(pty:res), Attorney Carlos Federico Osorio added to party Erwin Rosenberg(pty:res). (Osorio, Carlos) |
| Filing 4 NOTICE of Attorney Appearance by Grant Stanton Smith on behalf of Elliot Rosenberg, Erwin Rosenberg, Edmundo Rosenberg. Attorney Grant Stanton Smith added to party Elliot Rosenberg(pty:res), Attorney Grant Stanton Smith added to party Erwin Rosenberg(pty:res), Attorney Grant Stanton Smith added to party Edmundo Rosenberg(pty:res). (Smith, Grant) |
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Filing 3
ORDER GRANTING EX PARTE APPLICATION OF IGT, NICK KHIN,DREW KELLEY, AND DAVID FLINN PURSUANT TO 28 U.S.C. 1782 TO CONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS. Signed by Senior Judge Paul C. Huck on 11/13/2024. See attached document for full details. (jv01)
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| Filing 2 Judge Assignment to Senior Judge Paul C. Huck (ar24) |
| Filing 1 APPLICATION for Letter Rogatory . OF IGT, NICK KHIN, DREW KELLEY, AND DAVID FLINN PURSUANT TO 28 U.S.C. 1782 TO CONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS Filing fee $ 52.00 receipt number AFLSDC-17966538, filed by Nick Khin, IGT, Drew Kelley, David Flinn. (Attachments: #1 Memorandum, #2 Declaration, #3 Text of Proposed Order, #4 Civil Cover Sheet)(Thielhelm, Robert) Modified text on 11/7/2024 (mr1). |
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