In Re: APPLICATION UNDER 28 U.S.C. § 1782 TO TAKE DISCOVERY FROM BROOKFIELD INFRASTRUCTURE PARTNERS L.P., BROOKFIELD ASSET MANAGEMENT LTD., BROOKFIELD CORPORATION, CAHILL GORDON & REINDEL LLP, KPMG LLP, THE BANK OF NOVA SCOTIA, SCOTIA CAPITAL (USA)

Justia Dockets & Filings Second Circuit New York Southern District In Re: APPLICATION UNDER 28 U.S.C. § 1782 TO TAKE DISCOVERY FROM BROOKFIELD INFRASTRUCTURE PARTNERS L.P., BROOKFIELD ASSET MANAGEMENT LTD., BROOKFIELD CORPORATION, CAHILL GORDON & REINDEL LLP, KPMG LLP, THE BANK OF NOVA SCOTIA, SCOTIA CAPITAL (USA)

Case Number:	1:2024mc00533
Filed:	November 22, 2024
Court:	U.S. 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
November 22, 2024	Filing 12 ORDER granting 1 Motion for Discovery. It is therefore ORDERED that: 1. The Application is GRANTED; 2.The Applicant is authorized to take discovery relating to the issues identified in its application from the Discovery Subjects in accordance with the Federal Rules of Civil Procedure and the Rules of this Court, including by serving on the Discovery Subjects a subpoena duces tecum for a deposition and the production of the documents listed in the form subpoenas attached as Exhibits AL to the Declaration of Scott Curtis Nielson; 3.The Discovery Subjects are hereby directed to comply with the subpoenas in accordance with the Federal Rules of Civil Procedure and the Rules of this Court, to produce all responsive documents and mak e witnesses available for deposition within thirty (30) days from the date of this Order; and 4.This Court shall retain such jurisdiction as is necessary to effectuate the terms of such subpoenas. 5.The grant of the Application is without prejudic e 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. App'x 215, 217 (2d Cir. 2012) (summary order). IT IS SO ORDERED. (Signed by Judge Lewis J. Liman on 11/22/2024) (ks)

Date Filed

Document Text

November 22, 2024

Filing 12 ORDER granting 1 Motion for Discovery. It is therefore ORDERED that: 1. The Application is GRANTED; 2.The Applicant is authorized to take discovery relating to the issues identified in its application from the Discovery Subjects in accordance with the Federal Rules of Civil Procedure and the Rules of this Court, including by serving on the Discovery Subjects a subpoena duces tecum for a deposition and the production of the documents listed in the form subpoenas attached as Exhibits AL to the Declaration of Scott Curtis Nielson; 3.The Discovery Subjects are hereby directed to comply with the subpoenas in accordance with the Federal Rules of Civil Procedure and the Rules of this Court, to produce all responsive documents and mak e witnesses available for deposition within thirty (30) days from the date of this Order; and 4.This Court shall retain such jurisdiction as is necessary to effectuate the terms of such subpoenas. 5.The grant of the Application is without prejudic e 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. App'x 215, 217 (2d Cir. 2012) (summary order). IT IS SO ORDERED. (Signed by Judge Lewis J. Liman on 11/22/2024) (ks)

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