In re Application of Monika Niedbalski, For an Order Pursuant to 28 U.S.C. § 1782 to Conduct Discovery for Use in Foreign Proceedings
| 1:2021mc00747 |
| October 15, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Other |
| M 77 Application to have subpoena issued to person living in this district re: action in foreign cou |
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Filing
33
MEMORANDUM OPINION AND ORDER for 28 Report and Recommendations. The Court has considered all the arguments of the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, the objections to the Report and Recommendation are overruled. The Court adopts the Report and Recommendation issued by Magistrate Judge Moses. Walton's motion to intervene is granted, and its motion to reconsider and vacate the October 15 Order is denied. The Clerk is directed to close all pending motions and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 7/7/2023) (jca) Modified on 7/7/2023 (jca).
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Filing
32
ORDER Walton International Group, Inc. is directed to provide courtesy copies of the pending fully briefed objections to the Magistrate Judge's May 8, 2023, Report and Recommendation. SO ORDERED. (Signed by Judge John G. Koeltl on 6/6/2023) (jca)
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Filing
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ORDER: Applicant Monika Niedbalski shall submit the contents of the docket in the Alberta Proceeding thus far no later than September 9, 2022. Thereafter, Walton International Group, Inc. shall submit any order or decision resulting from the Alberta Court's hearing (which, according to Walton International Group, Inc., is scheduled for September 29, 2022). (Signed by Magistrate Judge Barbara C. Moses on 8/31/2022) (rro)
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Filing
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ORDER GRANTING APPLICATION FOR JUDICIAL ASSISTANCE PURSUANT TO 28 U.S.C. § 1782: granting 1 Motion for Discovery. Accordingly, it is hereby ORDERED and ADJUGED as follows: The Application is GRANTED. Any Discovery taken pursuant to this Order will be governed by the Federal Rules of Civil Procedure, including Fed. R. Civ. P. 45(a)(4). The Applicant's request for leave to conduct discovery including, but not limited to, leave to serve subpoenas in substantially similar form as the for m attached to the Application and to take testimony is GRANTED. The Respondents are ordered to preserve all relevant and potentially relevant evidence in their possession, custody or control until such time as Applicant communicates to them that the preservation is no longer necessary or until further order of this Court. Applicant is further authorized to issue and serve additional follow-up subpoenas on the Respondents as may be necessary to obtain the documentary and testimonial evid ence for use in the Alberta Proceeding. Applicant is not required to serve the Application upon WIGI, the Discovery Subjects, as defined in the Declaration of Jonathan Rossall Q.C., and the Respondents. Applicant shall serve this Order o n the Respondents and the Discovery Targets along with the subpeonas. Nothing in this Order should be construed to prevent or otherwise foreclose Applicant from seeking modification of this Order or leave of Court to serve any additionalsubpoena on a person or entity. IT IS SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/15/2021) (ama)
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