Eastman Kodak Company v. The Goldman Sachs Group, Inc. et al
| Eastman Kodak Company |
| The Goldman Sachs Group Inc, Metro International Trade Services L.L.C., JP Morgan Chase & Company, Henry Bath LLC, Glencore Xstrata PLC, Glencore Ltd., Pacorini Metals USA L.L.C., Pacorini Metals AG and London Metal Exchange Ltd |
| 1:2014cv06849 |
| August 22, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine B. Forrest |
| Anti-Trust |
| 02 U.S.C. ยง 437 Federal Election Commission |
| Plaintiff |
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Filing
199
ORDER TO WITHDRAW BRIAN O. O'MARA AS ATTORNEY OF RECORD granting (1386 Motion to Withdraw as Attorney in 13-md-2481-PAE). The motion of Brian 0. O'Mara to withdraw as attorney of record in the above-referenced action is granted. As further set forth by this Order. IT IS SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/18/2023) (tg)
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Filing
150
OPINION AND ORDER: Accordingly, the Court denies, without prejudice to Kodak's right to make a tailored application or applications under § 1782, Kodak's motion for wholesale export of the discoveryrecord in this case via modificati on of the Protective Order or an order pursuant to § 1782. Kodak is at leave to file proper § 1782 application(s), attaching proposed subpoenas, that make tailored requests for discovery from specified defendants who reside or are found in the district of filing.6 Any such applications must be made in a manner that allows for particularized and thorough analyses of the statutory and discretionary § 1782 factors, which the omnibus and overbroad request made here does not permi t. To the extent that Kodak prevails in any such § 1782 application as to designated documents or categories of documents, the Court would expect to order that Kodak can use its existing discovery database, for those categories of documents o nly, for the sole purpose of prosecuting the U.K. action. Finally, the Court further directs Kodak and Defendants to meet and confer to narrow the scope of contested categories of documents prior to Kodak's filing of any such § 1782 petit ions, and, in any event, no later than February 7, 2020. The Clerk of Court is respectfully directed to close the motion pending at Docket 1212. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 1/31/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-06849-PAE(cf)
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Filing
146
ORDER with respect to (1212) Letter Motion for Discovery in case 1:13-md-02481-PAE; with respect to (143) Letter Motion for Discovery in case 1:14-cv-06849-PAE: The Court cannot, on these submissions, reliably determine its jurisdiction over the & #167; 1782(a) petition. The Court accordingly directs Kodak to submit a supplemental letter of no more than 4 pages that: (1) lists the specific persons (or corporate entities) from whom it seeks discovery pursuant to § 1782; (2) sets forth the bases for jurisdiction against each person from whom discovery is sought under del Valle Ruiz; and (3) addresses whether the Court's jurisdiction is impacted by the fact of its presiding over this MDL, see 28 U.S.C. § 1407(b) (allowing dist rict judge overseeing MDL to "exercise the powers of a district judge in any district" for pretrial proceedings), and/or the fact of defendants' participation therein. Kodak's letter is due Friday, January 24, 2020. Defendants ma y submit a response, also of no more than 4 pages, to the narrow issues presented in Kodaks supplemental letter by Tuesday, January 28, 2020. (Signed by Judge Paul A. Engelmayer on 1/21/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-06849-PAE (jwh)
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