In Re Ex Parte Application of Kevin Hellard and Jonathan Thielmann
| Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign |
| Megainvest Overseas Limited |
| 1:2021mc00864 |
| December 27, 2021 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Gregory H Woods |
| Other |
Docket Report
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Filing 24
ORDER OF DISMISSAL: As there do not appear to be any further issues before the Court in this matter, the Clerk of Court is respectfully directed to close this miscellaneous action. This action will be closed without prejudice to a motion to reopen the action in the event there remain matters that require the Court's intervention. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/21/2023) (ama)
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Filing 23
ORDER denying #11 Motion to Vacate; denying #20 Letter Motion for Discovery. For the reasons set forth above, Megainvest's motions at ECF Nos. 11 and 20 are both DENIED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/19/2022) (vfr)
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Filing 22
DECLARATION of Jonathan Thielmann in Opposition re: #20 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Michael B. Carlinsky dated June 1, 2022.. Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign. (Attachments: #1 Exhibit 1- Announcement Regarding Further Restrictions on the Import of Russian Goods dated May 8, 2022, #2 Exhibit 2- Announcement Regarding Further Restrictions on the Import of Russian Goods dated May 13, 2022, #3 Exhibit 3- Announcement Regarding Sanctions on Russian Airline Sector dated May 19, 2022, #4 Exhibit 4- Insolvency Act 1986, #5 Exhibit 5- Decision in JSC VTB Bank v. Sergey Taruta and Arrowcrest Ltd.).(Markel, Tatiana)
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Filing 21
LETTER addressed to Magistrate Judge Katharine H. Parker from Tatiana Markel dated June 6, 2022 re: Opposition to Megainvest's Letter Motion to Stay Proceedings. Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign..(Markel, Tatiana)
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Filing 20
LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Michael B. Carlinsky dated June 1, 2022. Document filed by Megainvest Overseas Limited. (Attachments: #1 Exhibit 1 Declaration of Nick Marsh).(Carlinsky, Michael)
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Filing 19
DECLARATION of Tatiana Markel in Opposition re: #11 MOTION to Vacate #8 Order,,,,, (LIMITED MOTION).. Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign..(Markel, Tatiana)
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Filing 18
DECLARATION of Jonathan Thielmann in Opposition re: #11 MOTION to Vacate #8 Order,,,,, (LIMITED MOTION).. Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign..(Warshavsky, Oren)
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Filing 17
DECLARATION of Richard Mark Fisher QC in Opposition re: #11 MOTION to Vacate #8 Order,,,,, (LIMITED MOTION).. Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign..(Warshavsky, Oren)
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Filing 16
MEMORANDUM OF LAW in Opposition re: #11 MOTION to Vacate #8 Order,,,,, (LIMITED MOTION). . Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign..(Warshavsky, Oren)
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Filing 15
DECLARATION of Lucas Bento in Support re: #11 MOTION to Vacate #8 Order,,,,, (LIMITED MOTION).. Document filed by Megainvest Overseas Limited. (Attachments: #1 Text of Proposed Order).(Carlinsky, Michael)
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Filing 14
DECLARATION of Richard Daniel Hacker Q.C. in Support re: #11 MOTION to Vacate #8 Order,,,,, (LIMITED MOTION).. Document filed by Megainvest Overseas Limited. (Attachments: #1 Exhibit 1).(Carlinsky, Michael)
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Filing 13
DECLARATION of Andrey Nikolaevich Saveliev in Support re: #11 MOTION to Vacate #8 Order,,,,, (LIMITED MOTION).. Document filed by Megainvest Overseas Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Carlinsky, Michael)
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Filing 12
MEMORANDUM OF LAW in Support re: #11 MOTION to Vacate #8 Order,,,,, (LIMITED MOTION). . Document filed by Megainvest Overseas Limited..(Carlinsky, Michael)
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Filing 11
MOTION to Vacate #8 Order,,,,, (LIMITED MOTION). Document filed by Megainvest Overseas Limited..(Carlinsky, Michael)
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Filing 10
ORDER granting #9 LETTER MOTION for Leave to File Motion for Intervention In Order To File a Limited Motion to Vacate/Quash. For the reasons discussed above, Megainvest Overseas Limited letter motion seeking to intervene is GRANTED pursuant to Federal Rule of Civil Procedure 24(a)(2). The motion to quash is due April 21, 2022. Opposition due May 21, 2022. No reply. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/21/2022) (jca)
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Set/Reset Deadlines: Motions due by 4/21/2022. Responses due by 5/21/2022 (jca)
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Filing 9
LETTER MOTION for Leave to File Motion for Intervention In Order To File a Limited Motion to Vacate/Quash addressed to Magistrate Judge Katharine H. Parker from Michael Carlinsky dated March 15, 2022. Document filed by Megainvest Overseas Limited..(Carlinsky, Michael)
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Filing 8
ORDER APPROVING APPLICATION OF KEVIN HELLARD AND JONATHAN THIELMANN, JOINT TRUSTEES IN BANKRUPTCY OF ANATOLY LEONIDOVICH MOTYLEV, PURSUANT TO 28 U.S.C. 1782 TO CONDUCT DISCOVERY FOR USE IN A FOREIGN PROCEEDING: This case comes before the Court on the Ex Parte Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for use in a Foreign Proceeding (the "Application"), filed by Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev. This Court, having reviewed the Application, the Memorandum of Law in Support thereof, the Declaration of Kevin Hellard, and the proposed subpoenas, finds that (1) the statutory requirements of 28 U.S.C. 1782 are satisfied; and (2) the factors identified by the Supreme Court of the United States in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004), weigh in favor of granting Petitioner's Application. It is therefore ORDERED that Petitioner is granted leave to serve the subpoenas attached as Exhibits "A-H" to the Application on Bank of America N.A., Citigroup Inc. d/b/a Citibank, JPMorgan Chase Bank., HSBC Bank, Standard Chartered Bank, Bank of New York Mellon Corporation, Commerzbank AG, and Deutsche Bank Trust Company Americas. IT IS SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/4/2022) (vfr)
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Filing 7
EX PARTE ORDER granting #1 Motion for Discovery. Accordingly, Petitioners are hereby authorized to issue the proposed subpoenas. Respondents shall have 14 days from their receipt of the subpoenas to object or otherwise respond to the requests therein. Further, when serving the subpoenas, Petitioners are directed to simultaneously serve a copy of this Order on the recipients/Respondents. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/4/2022) (vfr)
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Magistrate Judge Katharine H. Parker 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu)
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Magistrate Judge Kevin Nathaniel Fox 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Oren J. Warshavsky. The party information for the following party/parties has been modified: Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error. (aea)
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Case Designated ECF. (aea)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #3 Proposed Order was reviewed and approved as to form. (km)
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MISCELLANEOUS CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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://https://nysd.uscourts.gov/rules/ecf-related-instructions. .(aea)
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Filing 6
NOTICE OF APPEARANCE by Tatiana Markel on behalf of Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign P..(Markel, Tatiana)
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Filing 5
DECLARATION of Kevin Hellard in Support re: #1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION for Discovery /Ex Parte Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding. (Filing Fee $ 49.00, Receipt Number ANYSDC-25513403). Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign P. (Attachments: #1 Ex. 1 - October 9 2020 Order., #2 Ex. 2 - November 2 2020 Order, #3 Ex. 3 - Articles, #4 Ex. 4 - Court of Appeal Judgment, #5 Ex. 5 - The RCB Investigation Resolution, #6 Ex. 6 - List of Assets, #7 Ex. 7 - Raginta Moris Loan, #8 Ex. 8 - Raginta Moris Amendments, #9 Ex. 9 - Raiffeisen - List of Main Correspondent Banks for Commercial Payments, #10 Ex. 10 - Raginta-FTP Loan, #11 Ex. 11 - Raginta FTP Amendment, #12 Ex. 12 - Raginta-Renwell Inv Agr, #13 Ex. 13 - Malzinda POA, #14 Ex. 14 - Raginta Malzinda Loan, #15 Ex. 15 - Raginta Moreland loan, #16 Ex. 16 - Raginta Tasouro, #17 Ex. 17 - Regional Waters Jan 09 Loan, #18 Ex. 18 - Regional Waters Feb 09 Loan, #19 Ex. 19 - Regional Waters March 09 Loan, #20 Ex. 20 - Regional Waters June 09 Loan, #21 Ex. 21 - Regional June 09 Loan Amendments, #22 Ex. 22 - Regional Waters March 10 Loan, #23 Ex. 23 - Raginta - Calbex Loan, #24 Ex. 24 - Rakola-Enno Loan, #25 Ex. 25 - Rakola-Enno Amendment, #26 Ex. 26 - Aliqua-Ramanda Amendments, #27 Ex. 27 - Gaylen Wilfor Loans, #28 Ex. 28 - Starwine Edmon Loans, #29 Ex. 29 - Gaylen Longford, #30 Ex. 30 - Excella Gaylen Promissory Note sale, #31 Ex. 31 - Virna-Barten Loan, #32 Ex. 32 - Walney SH registry, #33 Ex. 33 - Walney Broadland Loans, #34 Ex. 34 - Bank of Cyprus list-of-main-correspondents, #35 Ex. 35 Marford-Renestone Loans, #36 Ex. 36 - Nov 2014 Kommersant Article re RESO, #37 Ex. 37 - Credit suisse docs, #38 Ex. 38 Rorfin Expobank Trans, #39 Ex. 39 Rorfin-Degroof Loan, #40 Ex. 40 - One Swiss-Correspondent-Banks).(Warshavsky, Oren)
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Filing 4
MEMORANDUM OF LAW in Support re: #1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION for Discovery /Ex Parte Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding. (Filing Fee $ 49.00, Receipt Number ANYSDC-25513403) . Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign P..(Warshavsky, Oren)
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Filing 3
PROPOSED ORDER. Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign P. Related Document Number: #1 ..(Warshavsky, Oren) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 2
MISCELLANEOUS COVER SHEET filed..(Warshavsky, Oren)
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Filing 1
MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION for Discovery /Ex Parte Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding. (Filing Fee $ 49.00, Receipt Number ANYSDC-25513403)Document filed by Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign P. (Attachments: #1 Exhibit A - Subpoena to Bank of America, #2 Exhibit B - Subpoena to Bank of New York Mellon, #3 Exhibit C - Subpoena to Citigroup, #4 Exhibit D - Subpoena to Commerzbank AG, #5 Exhibit E - Subpoena to Deutsche Bank Trust Company Americas, #6 Exhibit F - Subpoena to HSBC Bank, #7 Exhibit G - Subpoena to JP Morgan Chase Bank N.A., #8 Exhibit H - Subpoena to Standard Chartered Bank New York)(Warshavsky, Oren)
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| In re: Ex Parte Application of Kevin Hellard and Jonathan Thielmann, Joint Trustees in Bankruptcy of Anatoly Leonidovich Motylev, Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign | |
| Represented By: | Oren J. Warshavsky |
| Represented By: | Tatiana Markel |
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| Intervenor: Megainvest Overseas Limited | |
| Represented By: | Michael Barry Carlinsky |
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