In Re Application of Makhpal Karibzhanova for Judicial Assistance Pursuant to 28 U.S.C. Section 1782
Case Number: 1:2021mc00442
Filed: June 15, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Other
Cause of Action: M 77 Application to have subpoena issued to person living in this district re: action in foreign cou

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Date Filed Document Text
December 13, 2021 Opinion or Order Filing 67 PROTECTIVE ORDER AND ORDER FOR STAY OF PROCEEDINGS...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. Any party wishing to make redacted or sealed submissions shall comply with Rule 9(C) of this Court's Individual Rules of Civil Procedure. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/13/2021) (ks)
December 6, 2021 Opinion or Order Filing 62 ORDER: Oral argument is scheduled to occur in this case on December 7, 2021.(Dkt. #58). On December 5, 2021, the Court received opposing letter motions. Applicant Makhpal Karibzhanova and putative intervenor Vladislav Kim moved to (i) adjourn the or al argument until after Ms. Karibzhanova attempted to mediate her foreign dispute and (ii) enter a protective order. (Dkt. #60). Putative intervenors Aidan Karibzhanov and Jasmin Karibzhanova, on the other hand, moved to dismiss this proceeding in it s entirety. (Dkt. #59). In light of the parties' disagreement as to the appropriate next steps in this case, the parties are hereby ORDERED to appear for a telephonic conference on December 6, 2021, at 3:00 p.m. At the scheduled date and time, the parties shall call (888) 363-4749 and enter access code 5123533. SO ORDERED. ( Telephone Conference set for 12/6/2021 at 03:00 PM before Ju dge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/6/2021) (rro)
September 10, 2021 Opinion or Order Filing 43 ORDER granting 42 Letter Motion for Extension of Time to File ; granting 42 Letter Motion for Leave to File Document. Application GRANTED. Applicant Karibzhanova is directed to file a motion in opposition on or before September 27, 2021. Movant Kim is directed to file a reply on or before October 7, 2021. The Clerk of Court is directed to terminate the motion at docket entry 42. So Ordered. (Signed by Judge Katherine Polk Failla on 9/10/2021) (js)
September 8, 2021 Opinion or Order Filing 40 ORDER granting 36 Letter Motion to Seal. It is hereby ORDERED that the Motion of Non-Party Vladislav Kim be, and it hereby is, GRANTED; and ORDERED that Exhibits A - AA to the Affidavit of Vladislav Kim, dated September 3, 2021, shall be filed under seal, with contents viewable to the Court and parties only. The Clerk of Court is directed to terminate the motion at docket entry 36. (Signed by Judge Katherine Polk Failla on 9/8/2021) (rro)
August 27, 2021 Opinion or Order Filing 28 MEMO ENDORSEMENT with respect to 23 Motion to Intervene. ENDORSEMENT: The Court is in receipt of the motion filed by Jasmine Karibzhanova (Dkt. #23), as well as her request for oral argument (Dkt. #24). Ms. Makhpal Karibzhanova may file a respo nse to the motion on or before September 17, 2021. The memorandum of law shall be no longer than 30 pages. A reply brief is not authorized. If the Court determines that oral argument would aid it in resolving the motion, the Court will issue a scheduling order in due course. (Signed by Judge Katherine Polk Failla on 8/27/2021) (rro)
August 18, 2021 Opinion or Order Filing 22 ORDER granting 21 LETTER MOTION to Seal ECF Doc. No 10-6. The Clerk of Court is directed to seal docket entry 10-6, making it viewable to the Court only. The Clerk of Court is further directed to terminate the motion at docket entry 21. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/18/2021) (jca)
August 17, 2021 Opinion or Order Filing 19 ORDER denying 14 MOTION to Seal Exhibits D and E to the Declaration of Aidan Karibzhanov and direct counsel to redact nonpublic information. Accordingly, Ms. Karibzhanova's motion is DENIED. The Clerk of Court is directed to terminate the motion at docket entry 14. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/17/2021) (jca)
August 12, 2021 Opinion or Order Filing 17 ORDER: On August 11, 2021, Applicant Makhpal Karibzhanova filed a motion to redact certain nonpublic information in proposed intervenor Aidan Karibzhanov's filings in support of his motion to intervene. (Dkt. #14-16). If he so desires, Mr. Karibzhanov may file a response to Ms. Karibzhanova's motion on or before August 13, 2021, at 12:00 p.m. SO ORDERED. ( Responses due by 8/13/2021) (Signed by Judge Katherine Polk Failla on 8/12/2021) (rro)
August 3, 2021 Opinion or Order Filing 11 MEMO ENDORSEMENT with respect to 10 Motion to Intervene. ENDORSEMENT: The Court is in receipt of the motion to intervene filed by Aidan Karibzhanov. (Dkt. #10). Ms. Karibzhanova may file a response to the motion on or before August 27, 2021. The memorandum of law shall be no longer than 30 pages. A reply brief is not authorized. (Signed by Judge Katherine Polk Failla on 8/3/2021) (rro)
June 15, 2021 Opinion or Order Filing 9 ORDER granting 1 Motion for Discovery. For the reasons described above, the Court GRANTS the application pursuant to 28 U.S.C. § 1782 and appoints John W. Moscow as Commissioner. Mr. Moscow is vested with the authority to issue subpoenas s eeking (i) relevant testimony and documents as may be found within the jurisdiction of this Court, including testimony from bankers, accountants, and business associates; (ii) documents pertaining to companies and bank accounts associated with Aidan and his nominee owners; and (iii) correspondent banking records and records relating to securities ownership, custodianship, and transfers, and documentation and testimony relating to real estate holdings. Mr. Moscow is admonished in this regard to l imit his subpoenas to parties located within the Southern District of New York, and to hew closely to the categories of discovery identified in Applicant's submissions to the Court. The Clerk of the Court is directed to terminate the motion at docket entry 1 and to close this action for administrative purposes. Should any respondent file a motion to quash, the action shall automatically be reopened. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/15/2021) (rro)
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