In re Application of Caterpillar Credito et al
| Caterpiller Credito |
| T-Mobile |
| Carolina Elizabeth Varady de Bellosta and Carlos Mercelino Jose Bellosta Pallares |
| 2:2022cv01549 |
| September 27, 2022 |
| US District Court for the Western District of Washington |
| Seattle Office |
| James L Robart |
| Other Statutory Actions |
| Civil Miscellaneous Case |
| None |
Docket Report
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Filing 24
MINUTE ORDER: On December 30, 2022, the court ordered the parties to show cause by January 6, 2023 why this matter should not be closed, since the motions regarding the subpoena had been adjudicated and the protective order entered. Both parties responded that they do not object to closing the matter. Accordingly, the court DIRECTS the clerk to close this matter. Authorized by Judge James L. Robart. (LH)
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| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by Intervenor Parties Carlos Mercelino Jose Bellosta Pallares, Carolina Elizabeth Varady de Bellosta re: #21 Order to Show Cause (Yeung, Binah) |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by Petitioner Caterpiller Credito re: #21 Order to Show Cause (Marks, Christopher) |
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Filing 21
ORDER TO SHOW CAUSE: The court ORDERS the parties to SHOW CAUSE by no later than Friday, 1/6/2023, why this matter should not be closed. Signed by Judge James L. Robart. (LH)
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Filing 20
ORDER granting Intervenors' #18 Motion to Seal. The court DIRECTS the clerk to seal the original documents containing personal identifying information (Dkt. # #1 -1, #1 -5, #1 -6). Signed by Judge James L. Robart. (LH)
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| Filing 19 REDACTION to #1 Application,, by Petitioner Caterpiller Credito (Attachments: #1 Exhibit 1-5, #2 Exhibit 1-6)(Marks, Christopher) |
| Filing 18 MOTION to Seal #1 Ex Parte Application, filed by Intervenor Carlos Mercelino Jose Bellosta Pallares. (Attachments: #1 Proposed Order) Noting Date 11/22/2022, (Yeung, Binah) Modified to add linkage on 11/23/2022 (LH). |
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Filing 17
PROTECTIVE ORDER re: Parties' #15 Proposed Protective Order. Signed by Judge James L. Robart. (SS)
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Filing 16
ORDER: The court will enter Caterpillar's proposed order (Dkt. #15 -1). The court further DISCHARGES its order to show cause (Dkt. #10 ) and DENIES the parties' stipulated motion to extend deadlines (Dkt. #11 ) as moot. Signed by Judge James L. Robart. (LH)
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| Filing 15 PROPOSED ORDER (Unsigned) re #9 Order on Motion to Intervene,,,, Order on Motion for Temporary Restraining Order,,,, Set Deadlines/Hearings,,, (Attachments: #1 Proposed Order A - Proposed Protective Order, #2 Exhibit B - Correspondence, #3 Exhibit C - Bellostas Proposed Protective Order, #4 Exhibit D - Redline)(Marks, Christopher) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Petitioner Caterpiller Credito re: #10 Order to Show Cause (Attachments: #1 Exhibit A - Correspondence)(Marks, Christopher) |
| Filing 13 PROPOSED ORDER (Unsigned) re #9 Order on Motion to Intervene,,,, Order on Motion for Temporary Restraining Order,,,, Set Deadlines/Hearings,,, Bellostas' Proposed Protective Order (Attachments: #1 Bellostas' Presentation of Proposed Protective Order, #2 Ex A - T-Mobile Production Description, #3 Ex B - Bellosta Caterpillar Correspondence, #4 Ex C - Redline over Model Protective Order, #5 Ex D - Redline over Caterpillar Draft)(Yeung, Binah) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by Intervenor Parties Carlos Mercelino Jose Bellosta Pallares, Carolina Elizabeth Varady de Bellosta re: #10 Order to Show Cause (Yeung, Binah) |
| Filing 11 Stipulated MOTION for Extension of Time to Submit Stipulated Protective Order, filed by Intervenor Parties Carlos Mercelino Jose Bellosta Pallares, Carolina Elizabeth Varady de Bellosta, Petitioner Caterpiller Credito. Noting Date 11/10/2022, (Marks, Christopher) |
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Filing 10
ORDER: The court ORDERS the parties to SHOW CAUSE why this matter should not be dismissed by Monday, November 14, 2022. Signed by Judge James L. Robart. (LH)
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Filing 9
ORDER: The court DENIES the Bellostas' motion for a TRO (Dkt. #5 ). The court GRANTS the Bellostas' motion to intervene (Dkt. #3 ). The court ORDERS Caterpillar to provide the Bellostas with copies of all phone records produced by T-Mobile within two days of the entry of this order. Caterpillar shall refrain from reviewing, using, or disseminating the phone records produced by T-Mobile in any litigation or proceeding for five days following the entry of this order or until the parties file a stipulated protective order with the court. The court further ORDERS the parties to enter a stipulated protective order consistent with Local Rule 26(c) within three days of the entry of this order. Signed by Judge James L. Robart. (LH)
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| Filing 8 DECLARATION of Christopher S. Marks filed by Petitioner Caterpiller Credito re #5 MOTION for Temporary Restraining Order to Prevent Release of Personal and Irrelevant Information Pending Motion to Quash and/for Protective Order (Attachments: #1 Exhibit A - D)(Marks, Christopher) |
| Filing 7 RESPONSE, by Petitioner Caterpiller Credito, to #5 MOTION for Temporary Restraining Order to Prevent Release of Personal and Irrelevant Information Pending Motion to Quash and/for Protective Order. (Attachments: #1 Proposed Order)(Marks, Christopher) |
| Filing 6 NOTICE of Intent to Oppose re #5 MOTION for Temporary Restraining Order to Prevent Release of Personal and Irrelevant Information Pending Motion to Quash and/for Protective Order ; filed by Petitioner Caterpiller Credito. (Marks, Christopher) |
| Filing 5 MOTION for Temporary Restraining Order to Prevent Release of Personal and Irrelevant Information Pending Motion to Quash and/for Protective Order, filed by Interested Parties Carlos Mercelino Jose Bellosta Pallares, Carolina Elizabeth Varady de Bellosta. (Attachments: #1 Declaration of Carolina Bellosta, #2 Declaration of Carlos Bellosta, #3 Declaration of Binah B. Yeung, #4 Proposed Order) Noting Date 11/2/2022, (Yeung, Binah) |
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Filing 4
ORDER signed by Judge Robert S. Lasnik re #1 Ex Parte Application. On September 27, 2022, Caterpillar Credito, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple, Entidad Regulada filed an ex parte application for discovery pursuant to 28 U.S.C. 1782. The application was granted, and a subpoena was issued to T-Mobile. The targets of the discovery Carolina and Carlos Bellosta have filed a motion to intervene in order to seek a protective order and/or to quash the subpoena. In light of the contested nature of this action, the Clerk of Court is directed to assign this case a civil action number. (RE)
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| MINUTE ENTRY: Pursuant to Interested Parties Carlos Mercelino Jose Bellosta Pallares and Carolina Elizabeth Varady de Bellosta's Motion to Intervene Petitioner's Ex Parte Application in case number 2:22-mc-00075, and the court's order to assign a new civil case number, the case has been randomly assigned to the Honorable James L. Robart, case number 2:22-cv-01549-JLR. All future pleadings must bear the newly assigned case number. (RE) |
| Filing 3 MOTION to Intervene , filed by Interested Parties Carlos Mercelino Jose Bellosta Pallares, Carolina Elizabeth Varady de Bellosta. (Attachments: #1 Declaration of Jonathan Lupkin, #2 Declaration of Guillermo Ramos Luina, #3 Proposed Order) Noting Date 11/11/2022, (Yeung, Binah) |
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Filing 2
ORDER GRANTING CATERPILLAR CREDITO'S EX PARTE APPLICATION FOR DISCOVERY PURSUANT re #1 Application, filed by Caterpiller Credito signed by Judge Robert S. Lasnik. (RE)
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| Miscellaneous Case Filing Fee payment receipt number AWAWDC-7723904 (Marks, Christopher) |
| Filing 1 EX PARTE APPLICATION and Memorandum of Law for an Order Pursuant to 28 U.S.C. 1782 Granting Leave to Obtain Discovery for Use in a Foreign Proceeding by Petitioner Caterpiller Credito. (Filer advised to pay filing fee via ECF) (Attachments: #1 Exhibit A- Subpoena, #2 Exhibit 1- Declaration of Eric De Vries, #3 Exhibit 2- Declaration of Joana Rego, #4 Exhibit 3- Bellosta Complaint, #5 Exhibit 4- VMSC Loan Agreement, #6 Exhibit 5- Personal Guarantees, #7 PROPOSED Order, #8 Email Requesting Case) (RE) |
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