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 |
| U.S. 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
21
ORDER granting 20 Letter Motion for Discovery. The Court appreciates that framing the First Intervenors' motion to quash as an "opposition" to the application was inaccurate. Accordingly, the Court vacates the briefing schedule se t forth in its previous order (Dkt. 16), and orders the following: Not later than Thursday, December 12, 2024, the Applicants and the Second Intervenors must file an opposition to the motion to quash. The opposition to the motion to quash must not exceed 35 pages and the Court encourages the Applicants and the Second Intervenors to file a joint brief. Not later than Thursday, January 9, 2025, the First Intervenors must file a reply brief that may not exceed 20 pages. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/25/2024) (tg)
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Filing
16
ORDER granting 14 Letter Motion for Discovery. Application GRANTED. Maria Heloisa and Lourdes may intervene pursuant to Federal Rule of Civil Procedure 24(b). The Court acknowledges that intervention as of right pursuant to Rule 24(a) might not be appropriate. Nevertheless, "[t]he district court's discretion" to allow permissive intervention under Rule 24(b) "is very broad." Citizens Against Casino Gambling in Erie Cnty. v. Hogen, 417 F. App'x 49, 51 (2d Ci r. 2011) (quoting H.L. Hayden Co. of New York v. Siemens Med. Sys., Inc., 797 F.2d 85, 89 (2d Cir. 1986)). The Court may permit intervention where the movant to intervene "has a claim or defense that shares with the main action a common quest ion of law or fact" and where "the intervention will [not] unduly delay or prejudice the adjudication of the original parties' rights." Fed. R. Civ. Pro. 24(b). Here, the Proposed Intervenors have articulated a direct interest in the key question of this litigation (whether to grant the Applicants' discovery request) and neither the Applicants nor the current Intervenors have articulated any reason to believe that the Proposed Intervenors' participation will r esult in meaningful delay or prejudice. Given the long and complicated history of the underlying dispute, and the fact that the various concerned parties have seen their interests evolve over the course of those proceedings, it is reasonable for t he Maria Heloisa and Lourdes to seek to represent their own interests here. To avoid delay and to minimize duplicative arguments, Maria Heloisa and Lourdes's opening brief must not exceed 10 pages and must be filed not later than Tuesday, Decem ber 3, 2024. The original Intervenors must file a single opposition brief, not to exceed 30 pages, in response to both the initial motion and Maria Heloisa and Lourdes's brief not later than Tuesday, December 17, 2024. Replies must be filed not later than Friday, December 27, 2024. The original Applicants and Maria Heloisa and Lourdes are strongly encouraged to file a joint reply, but if they cannot agree as to its content, they may file separate replies, not to exceed 10 pages each. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/19/2024) (tg)
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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)
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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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