In Re: ExParte Petition of Ismael Reyes for an order to take discovery Under 28 U.S.C.1782
| Bank of New York Mellon |
| Ismael Reyes |
| Bangladesh Bank |
| In Re: ExParte Petition of Ismael Reyes for an order to take discovery Under 28 U.S.C.1782 |
| 1:2019cv07219 |
| August 1, 2019 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Assault Libel & Slander |
| 28 U.S.C. § 1782 |
| None |
Docket Report
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| Filing 21 LETTER addressed to Judge Analisa Torres from Dan Tan dated September 23, 2019 re: Bangadesh Bank's September 23, 2019 letter. Document filed by Ismael Reyes.(Tan, Daniel) |
| Filing 20 LETTER addressed to Judge Analisa Torres from John J. Sullivan dated September 23, 2019 re: to address Letter filed by Ismael Reyes #19 and its relation to Motion to Intervene #4 and Motion to vacate order to take discovery and quash subpoena #7 . Document filed by Bangladesh Bank.(Sullivan, John) |
| Filing 19 LETTER addressed to Judge Analisa Torres from Dan Tan dated September 19, 2019 re: Update on the Court's Order and Subpoena served on Bank of New York Mellon. Document filed by Ismael Reyes.(Tan, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Soo Peng Tan. The party information for the following party/parties has been modified: Ismael Reyes and Bank of New York Mellon. The information for the party/parties has been modified for the following reason/reasons: The parties were never added at the time of filing the initial pleading. (gp) |
| Filing 18 LETTER addressed to Judge Analisa Torres from Dan Tan dated 9.9.19 re: Bangladesh Banks Omnibus Reply Memorandum of Law in support of its Motions. Document filed by In Re: ExParte Petition of Ismael Reyes for an order to take discovery Under 28 U.S.C.1782.(Tan, Daniel) |
| Filing 17 DECLARATION of John J. Sullivan in further support of Bangladesh Bank's Omnibus Reply Memorandum of Law in further support of Motions in Support re: #4 MOTION to Intervene ., #7 MOTION to Vacate #3 Order,,,,, To Take Discovery Under 28 U.S.C. 1782 and To Quash Subpoena Under FRCP 45.. Document filed by Bangladesh Bank. (Attachments: #1 Exhibit 1 - 8-26-2019 Email with Served Order and Subpoena)(Sullivan, John) |
| Filing 16 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION to Intervene ., #7 MOTION to Vacate #3 Order,,,,, To Take Discovery Under 28 U.S.C. 1782 and To Quash Subpoena Under FRCP 45. . Document filed by Bangladesh Bank. (Sullivan, John) |
| Filing 15 DECLARATION of Dan Tan in Opposition re: #7 MOTION to Vacate #3 Order,,,,, To Take Discovery Under 28 U.S.C. 1782 and To Quash Subpoena Under FRCP 45.. Document filed by In Re: ExParte Petition of Ismael Reyes for an order to take discovery Under 28 U.S.C.1782. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit B)(Tan, Daniel) |
| Filing 14 MEMORANDUM OF LAW in Opposition re: #7 MOTION to Vacate #3 Order,,,,, To Take Discovery Under 28 U.S.C. 1782 and To Quash Subpoena Under FRCP 45. . Document filed by In Re: ExParte Petition of Ismael Reyes for an order to take discovery Under 28 U.S.C.1782. (Tan, Daniel) |
| Filing 13 SECOND LETTER addressed to Judge Analisa Torres from Dan Tan dated August 26, 2019 re: Letter filed by Bangladesh Bank. Document filed by In Re: ExParte Petition of Ismael Reyes for an order to take discovery Under 28 U.S.C.1782.(Tan, Daniel) |
| Filing 12 LETTER addressed to Judge Analisa Torres from John J. Sullivan dated August 26, 2019 re: response to letter filed on behalf of Ismael Reyes #11 . Document filed by Bangladesh Bank. (Attachments: #1 RCBC and Bangladesh Bank Via Federal Express Ex Parte Application of Ismael Reyes)(Sullivan, John) |
| Filing 11 LETTER addressed to Judge Analisa Torres from Dan Tan dated August 26, 2019 re: Motions filed by Bangladesh Bank. Document filed by In Re: ExParte Petition of Ismael Reyes for an order to take discovery Under 28 U.S.C.1782. (Attachments: #1 Exhibit Fedex confirmation)(Tan, Daniel) |
| Filing 10 LETTER addressed to Judge Analisa Torres from John J. Sullivan dated August 23, 2019 re: Motion to Intervene and Motion to Vacate and Quash Court's Order #3 . Document filed by Bangladesh Bank.(Sullivan, John) |
| Filing 9 DECLARATION of John J. Sullivan in Support re: #7 MOTION to Vacate #3 Order,,,,, To Take Discovery Under 28 U.S.C. 1782 and To Quash Subpoena Under FRCP 45.. Document filed by Bangladesh Bank. (Attachments: #1 Exhibit A - Complaint filed in the Related Case, #2 Exhibit B - Ex Parte Petition of Ismael Reyes for an Order to Take Discovery, #3 Exhibit C - Civil Cover Sheet filed by Ismael Reyes, #4 Exhibit D - Order Granting Application, #5 Exhibit E - Affidavit of Gail Burwa, #6 Exhibit F - Delivery Confirmation and Tracking Logs for the service package sent to Reyes via FedEx, #7 Exhibit G - Letter to the Hon. Lorna Schofield Responding to Court Order Regarding Status of Service filed April 16, 2019 by Jesse Loffler)(Sullivan, John) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Vacate #3 Order,,,,, To Take Discovery Under 28 U.S.C. 1782 and To Quash Subpoena Under FRCP 45. . Document filed by Bangladesh Bank. (Sullivan, John) |
| Filing 7 MOTION to Vacate #3 Order,,,,, To Take Discovery Under 28 U.S.C. 1782 and To Quash Subpoena Under FRCP 45. Document filed by Bangladesh Bank.(Sullivan, John) |
| Filing 6 DECLARATION of John J. Sullivan in Support re: #4 MOTION to Intervene .. Document filed by Bangladesh Bank. (Attachments: #1 Exhibit A - Complaint filed in the Related Case, #2 Exhibit B - Ex Parte Petition of Ismael Reyes for an Order to Take Discovery, #3 Exhibit C - Civil Cover Sheet filed by Ismael Reyes, #4 Exhibit D - Order Granting Application, #5 Exhibit E - Affidavit of Gail Burwa, #6 Exhibit F - Delivery Confirmation and Tracking Logs for the service package sent to Reyes via FedEx, #7 Exhibit G - Letter to the Hon. Lorna Schofield Responding to Court Order Regarding Status of Service filed April 16, 2019 by Jesse Loffler)(Sullivan, John) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Intervene . . Document filed by Bangladesh Bank. (Sullivan, John) |
| Filing 4 MOTION to Intervene . Document filed by Bangladesh Bank.(Sullivan, John) |
Filing 3
ORDER GRANTING APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. 1782 COMPELLING DISCOVERY IN AID OF FOREIGN JUDICIAL PROCEEDING: NOW, for good cause showing, the Court hereby GRANTS the Petition, with a modification of the Subpoena production date from August 15, 2019 to August 23, 2019, at 10:00 a.m., and Applicant may se1ve on the Bank of New York Mellon the Subpoena in a form substantially similar to that attached hereto as Exhibit A; and it is hereby ORDERED that the Bank of New York Mellon (a) produce documents in accordance with the Subpoena and Schedule A thereto; and (b) submit to a deposition in accordance with the Subpoena; and it is FURTHER ORDERED that discovery conducted pursuant to the Subpoena shall be governed by the Federal Rules of Civil Procedure, Local Rules of the United States District Court for the Southern District of New York, and individual rules and practices of this Court; and it is FURTHER ORDERED that copies of this Order, the Subpoena, Application, and all supporting papers thereto shall be served by Applicant within five (5) business days of entry of this Order upon all counsel of record in the Philippines Proceeding by Hand Delivery, Federal Express, or U.S. Mail. SO ORDERED. (Signed by Judge Analisa Torres on 8/9/2019) (jca)
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| Filing 2 CIVIL COVER SHEET filed. (Tan, Daniel) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Daniel Soo Peng Tan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) |
| Filing 1 PETITION FOR AN ORDER TO TAKE DISCOVERY UNDER 28 U.S.C. 1782. (Filing Fee $ 400.00, Receipt Number ANYSDC-17358028).Document filed by Ismael Reyes. (Attachments: #1 Memorandum of Law in Support of Petition, #2 Declaration of Dan Tan in support of Petition, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O)(Tan, Daniel) |
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