Ativos Especiais II - Fundo de Investimento em Direitos Creditrios NP et al v. The Clearing House Payments Company LLC et al
Case Number: 1:2024mc00119
Filed: March 18, 2024
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
September 12, 2024 Opinion or Order Filing 29 OPINION AND ORDER re: 17 MOTION to Vacate 7 Order on Motion for Discovery,,,,,,, and quash associated subpoenas. filed by Silvana Malandrini Mazza, Francisco Malandrini Mazza, Stelvio Malandrini Mazza. The motion to vac ate and quash subpoenas is GRANTED as to the subpoena against Morgan Stanley and DENIED as to the subpoena against the Clearing House. The Clerk of Court is respectfully directed to close Dkt. No. 17. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/12/2024) (ks)
September 3, 2024 Opinion or Order Filing 28 ORDER: The Court will hold oral argument on Intervenors' motion to vacate the March 18, 2024 order and quash associated subpoenas on September 9, 2024 at 2:30 p.m. The hearing will be held in-person in Courtroom 15C at the 500 Pearl Street Courthouse. The parties should be prepared to address the argument by Intervenors that Applicants have represented they will not submit further evidence in the protesto proceeding. Dkt. No. 26 at 34; Dkt. No. 27-1. The Court intends to limit argu ment to thirty minutes with each side being permitted 15 minutes for argument. The Court has reviewed the papers carefully and counsel should prioritize their strongest arguments. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/3/2024) ( Oral Argument set for 9/9/2024 at 02:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (ks)
May 15, 2024 Opinion or Order Filing 14 ORDER granting 8 Motion to Intervene. The unopposed motion to intervene of Silvana Malandrini Mazza, Francisco Malandrini Mazza, and Stelvio Malandrini Mazza is hereby GRANTED. See In re MS Angeln GmbH & Co. KG, 2011 WL 672411, at *1 (S.D.N.Y . Feb. 8, 2011). Intervenors shall file a motion to vacate and quash or modify the subpoenas by June 14, 2024. Applicants shall respond by July 15, 2024. Intervenors shall reply by July 29, 2024. The Clerk of Court is respectfully directed to close Dkt. No. 8. SO ORDERED.. (Signed by Judge Lewis J. Liman on 5/15/2024) (ks)
May 10, 2024 Opinion or Order Filing 12 ORDER: Applicants shall indicate by no later than May 16, 2024 whether they intend to oppose the motion to intervene at Dkt. No. 8. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/10/2024) (ks)
March 18, 2024 Opinion or Order Filing 7 ORDER granting 1 Motion for Discovery. This matter comes before the Court on the Ex Parte Application of Ativos Especiais II - Fundo de Investimento em Direitos Creditrios - NP ("Ativos Especiais II") and Ativos Especiais III - Fundo de Investimento em Direitos Creditrios - NP (Ativos Especiais III, and together, "Applicants") for an Order Pursuant to 28 U.S.C. § 1782 Granting Leave to Obtain Discovery for Use in Foreign Proceedings (the "Application" ). Having fully considered the Application, and good cause appearing, the Application is GRANTED. Applicants may serve a subpoena substantially in the form attached as Exhibit A to the Application on The Clearing House Payments Company LLC (the &qu ot;Clearing House"). A copy of this Order and the Application shall be served on the Clearing House together with the subpoena. Applicants may serve a subpoena substantially in the form attached as Exhibit A to the Application on Morgan Stanl ey & Co. LLC ("Morgan Stanley"). A copy of this Order and the Application shall be served on Morgan Stanley together with the subpoena. Upon confirmation from the Clearing House and Morgan Stanley that they have preserved the documents r esponsive to the subpoena, Applicants shall promptly cause their Brazilian attorneys to serve the Application and this Order on the other parties to the Brazilian proceedings that are the subject of the Application in any expeditious manner permit ted by Brazilian law. The grant of the Application is without prejudice to a challenge to the subpoenas, including their scope, and potential reconsideration of the application of the § 1782 factors. See Gushlak v. Gushlak, 486 F. Appx 215, 217 (2d Cir. 2012) (summary order). SO ORDERED. (Signed by Judge Lewis J. Liman on 3/18/2024) (va)
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