IN RE: Ex Parte Application of Maria Claudia Beldi, Maria Ines Bveldi and Antonion Fabio Beldi to take discovery for use in a foreign proceeding under 28 USC 1782
1:2024mc00421 |
September 23, 2024 |
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 8 ORDER granting 6 Motion to Intervene; granting in part and denying in part 6 Motion to Stay. IT IS HEREBY ORDERED that Intervenors' Motion to Intervene is GRANTED. Intervenors shall have until November 6, 2024, to file their m otion to vacate the Court's grant of the Section 1782 application and to quash the subpoenas issued pursuant to it. Any response to such motion is due no later than November 20, 2024; any reply is due no later than November 27, 2024. IT IS FU RTHER ORDERED that the motion to stay is GRANTED IN PART. The Court stays the obligation of any entity on whom a subpoena has been served to produce materials in response to such a subpoena, pending further action of this Court. Applicants may, however, coordinate with the subpoenaed entities to ensure that responsive materials are gathered and retained, such that they may be produced promptly if the Court declines to quash the subpoenas. If Applicants receive discovery respo nsive to the subpoenas served in this proceeding, Applicants shall make no use of that discovery and take no action with respect to that discovery, but instead shall alert the Court, via a filing on the public docket of this case, to the fact of A pplicants' receipt of such discovery. The Court further orders Applicants forthwith to serve a copy of this order upon all entities upon which a subpoena has been served. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/23/2024) (tg) |
Filing 5 ORDER RE PETITION FOR DISCOVERY PURSUANT TO 28 U.S.C. SECTION 1782 granting 1 Motion for Discovery. It is therefore ORDERED that: (1) the Application is GRANTED; (2) Applicants are authorized to serve the subpoena attached as Exhibit A to the De claration of Alexander H. Shapiro upon The Federal Reserve Bank of New York; (3) Applicants are authorized to serve the subpoena attached as Exhibit B to the Declaration of Alexander H. Shapiro upon the Clearing House Payment Company L.L.C.; (4) App licants are authorized to serve the subpoena attached as Exhibit C to the Declaration of Alexander H. Shapiro upon Citibank N.A.; (5) Applicants are authorized to serve the subpoena attached as Exhibit D to the Declaration of Alexander H. Shapiro upo n Deutsche Bank Trust Co. Americas; (6) Applicants are authorized to serve the subpoena attached as Exhibit E to the Declaration of Alexander H. Shapiro upon HSBC Bank (USA) N.A.; (7) Applicants are authorized to serve the subpoena attached as Exhibi t F to the Declaration of Alexander H. Shapiro upon JP Morgan Chase Bank N.A.; (8) Applicants are authorized to serve the subpoena attached as Exhibit G to the Declaration of Alexander H. Shapiro upon Standard Chartered Bank; (9) Applicants are autho rized to serve the subpoena attached as Exhibit H to the Declaration of Alexander H. Shapiro upon The Bank of New York Mellon; and (10) The Federal Reserve Bank of New York, The Clearing House Payments Company LLC, Citibank N.A., Deutsche Bank AG, HS BC Bank (USA) NA, JP Morgan Chase Bank N.A., Standard Chartered Bank, and The Bank of New York Mellon are directed to respond to such subpoenas pursuant to the Federal Rules of Civil Procedure and the Local Civil Rules of this Court, and to produce t he documents in their possession, custody, and control, as requested in the applicable subpoenas, by no later than thirty (30) days after service. IT IS FURTHER ORDERED that the foregoing is without prejudice to the rights of the subpoenaed entities to file a motion to vacate or quash. Such motions must be filed not later than November 6, 2024. Applicants' response to any such motion is due no later than November 20, 2024; replies are due no later than November 27, 2024. The deadline to serve the subpoenas as described herein is October 3, 2024. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/23/2024) (tg) |
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