Scribd Logo
Upload

Welcome to Scribd!

  • 85 views

    In Re Application of Hermitage Capital: Management Limited For: An Order Seeking Discovery

    Uploaded by

    bretthar559
    IN RE APPLICATION OF HERMITAGE CAPITAL : MANAGEMENT LIMITED FOR : AN ORDER SEEKING DISCOVERY : PURSUANT TO 28 U.S.C. § 1782

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    In Re Application of Hermitage Capital: Management Limited For: An Order Seeking Discovery

    Uploaded by

    bretthar559
    85 views2 pages
    IN RE APPLICATION OF HERMITAGE CAPITAL : MANAGEMENT LIMITED FOR : AN ORDER SEEKING DISCOVERY : PURSUANT TO 28 U.S.C. § 1782

    Original Title

    IN RE APPLICATION OF HERMITAGE CAPITAL : MANAGEMENT LIMITED FOR : AN ORDER SEEKING DISCOVERY

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    IN RE APPLICATION OF HERMITAGE CAPITAL : MANAGEMENT LIMITED FOR : AN ORDER SEEKING DISCOVERY : PURSUANT TO 28 U.S.C. § 1782

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    85 views2 pages

    In Re Application of Hermitage Capital: Management Limited For: An Order Seeking Discovery

    Uploaded by

    bretthar559
    IN RE APPLICATION OF HERMITAGE CAPITAL : MANAGEMENT LIMITED FOR : AN ORDER SEEKING DISCOVERY : PURSUANT TO 28 U.S.C. § 1782

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Case 1:19-mc-00262-JMF Document 7 Filed 05/30/19 Page 1 of 2

    UNITED STATES DISTRICT COURT


    SOUTHERN DISTRICT OF NEW YORK
    ---------------------------------------------------------------------- X
    :
    IN RE APPLICATION OF HERMITAGE CAPITAL : 19-MC-262 (JMF)
    MANAGEMENT LIMITED FOR :
    AN ORDER SEEKING DISCOVERY : ORDER
    PURSUANT TO 28 U.S.C. § 1782 :
    :
    ---------------------------------------------------------------------- X

    JESSE M. FURMAN, United States District Judge:

    Hermitage Capital Management Limited (“Applicant”) brings this application pursuant to 28


    U.S.C. § 1782 for an order authorizing discovery from Bank of America NA; Bank of China, NY;
    Bank of New York Mellon; BNP Paribas USA; Citibank NA; Commerzbank AG; Credit Agricole
    CIB NY; Deutsche Bank Trust Co Americas; JP Morgan Chase Bank NA; Mashreqbank Psc., New
    York Branch; Standard Chartered Bank; UBS AG Stamford; and Wells Fargo Bank NA (together,
    the “Banks”) by means of a subpoena served pursuant to Rule 45 of the Federal Rules of Civil
    Procedure. Having considered Applicant’s submissions, the Court concludes — without prejudice
    to the timely filing of a motion to quash the subpoena and, in the event such a motion is filed,
    subject to reconsideration — that Section 1782’s statutory requirements are met and that the so-
    called Intel factors favor granting the application. See, e.g., Mees v. Buiter, 793 F.3d 291, 298 (2d
    Cir. 2015) (citing Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 264-65 (2004)).

    Accordingly, the application is GRANTED. Applicant’s U.S. counsel, Jonathan M. Winer,


    is authorized to serve the subpoena attached as Exhibits C-1 to C-13 of his Declaration, Docket No.
    6, on the Banks, together with a copy of this Order, no later than thirty days from the date of this
    Order. No later than that same date, and before serving the subpoena on the Banks, Applicant
    shall provide actual notice and courtesy copies of the subpoena, application, and supporting
    documents to the party or parties against whom the requested discovery is likely to be used through
    any such party’s counsel, or if the identity of such party’s counsel is unknown, on that party
    directly. See In re Application of Sarrio, S.A., 119 F.3d 143, 148 (2d Cir. 1997) (“[T]he ultimate
    targets of a § 1782 discovery order issued to third parties have standing to challenge the district
    court’s power to issue a subpoena under the terms of an authorizing statute.” (internal quotation
    marks omitted)). Applicant shall promptly file proof of such service on ECF.

    Any further proceedings shall be governed by the Federal Rules of Civil Procedure, the
    Court’s Local Rules (http://nysd.uscourts.gov/courtrules.php), and the Court’s Individual Rules and
    Practices in Civil Cases, (http://nysd.uscourts.gov/judge/Furman). If the parties believe that a
    protective order is appropriate or necessary, they shall file a joint proposed protective order on ECF,
    mindful that the Court will strike or modify any provision that purports to authorize the parties to
    file documents under seal without Court approval. See generally Lugosch v. Pyramid Co. of
    Case 1:19-mc-00262-JMF Document 7 Filed 05/30/19 Page 2 of 2

    Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In the event of any dispute concerning the
    subpoena or any proposed protective order, the parties shall meet and confer before raising the
    dispute with the Court.

    The Clerk of Court is directed to terminate Docket No. 5 and to close the case.

    SO ORDERED.

    Dated: May 30, 2019 __________________________________


    New York, New York JESSE M. FURMAN
    United States District Judge

    You might also like