In Re: Anatolie Stati
| 1:2022mc00203 |
| August 5, 2022 |
| 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
13
ORDER granting 6 Motion to Intervene. First, there is no dispute between the parties that Steppe Capital is entitled to intervene in this matter. Accordingly, the Court grants Steppe's motion to intervene. Second, Steppe Capital has fa iled to proffer any reasonable basis, let alone any legal authority, that permits it to obtain all discovery produced to Stati in response to subpoenas issued pursuant to this Section 1782 suit. As Steppe Capital itself concedes, "Steppe Ca pital, to be sure, has no connection to the alleged conduct at issue in the Moldovan proceeding or the purported actions that led to the Stockholm award." Dkt. 8 at 10. Accordingly, the Court denies Steppe Capital's motion to obtain a ll discovery responsive to the subpoenas. Third, Steppe Capital, in seeking a protective order, has failed to "include a certification that [it] has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action." Federal Rule of Civil Procedure 26(c)(l). In the interests of judicial economy, the Court denies Steppe Capital's motion for a protective order without prejudice to Steppe Capital's right to renew the motion after conferring with opposing counsel in good faith and so certifying to the Court that it has done so. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/18/2023) (tg)
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Filing
10
ORDER On December 20, 2022, Steppe Capital Pte. Ltd. moved to intervene in this matter, pursuant to Federal Rule of Civil Procedure 24, seeking (1) a protective order over any documents obtained by the Applicant Anatolie Stati in this action; and (2) all documents that Stati has received, or will receive, in response to any issued subpoenas. See Dkt. 8. The Court orders the Stati to file his response to the motion to intervene, if any, by December 30, 2022. SO ORDERED. (Responses due by 12/30/2022) (Signed by Judge Paul A. Engelmayer on 12/22/2022) (jca)
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Filing
5
ORDER GRANTING SUPPLEMENTAL APPLICATION FOR ASSISTANCE PURSUANT TO 28 U.S.C § 1782 granting 4 Motion for Discovery. Accordingly, it is hereby ORDERED and ADJUDGED as follows: 1. The Supplemental Application is GRANTED. 2. Any discove ry taken pursuant to this Order, including related motion practice, shall be governed by the Federal Rules of Civil Procedure. (As further set forth herein.) IT IS SO ORDERED, this 5th day of December, 2022. (Signed by Judge Paul A. Engelmayer on 12/5/2022) (va)
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Filing
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ORDER: IT IS HEREBY ORDERED that: 1. The application for discovery from Anatolie Stati pursuant to 28 U.S.C. § 1782 is granted; 2. The Applicants are authorized to take discovery relating to the issues identified in its application from The Clearing House Payments Company L.L.C. in accordance with the Federal Rules of Civil Procedure and the Rules of this Court; 3. The Applicants are authorized to issue and serve a subpoena substantially similar to the document listed as Exhibit 5 to the Motion; 4. The Clearing House Payments Company L.L.C. is hereby directed to comply with the subpoena issued in accordance with the Federal Rules of Civil Procedure, and the Rules of this Court; 5. This Court shall retain such jurisdiction as is necessary to effectuate the terms of such subpoena. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/5/2022) (va)
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