Opinion
20 Misc. 735 (AT)
07-15-2021
In re Application of FIRST MONOLITH INC., For an Pursuant to 28 U.S.C. § 1782 to Conduct Discovery for Use in Foreign Proceedings
ORDER
ANALISA TORRES, District Judge:
On December 9, 2020, Applicant, First Monolith Inc, submitted an ex parte petition for an order pursuant to 28 U.S.C. § 1782(a) to obtain discovery for use in a contemplated civil proceeding in the Singapore High Courts (the “Petition”). ECF No. 1. On February 1, 2021, the Court granted Applicant permission to serve subpoenas on: Citibank, N.A.; The Bank of New York Mellon; Societe Generale, New York; HSBC Bank USA, N.A.; BNP Paribas USA; JPMorgan Chase Bank, N.A.; Barclays Bank PLC; Deutsche Bank Trust Co. Americas; Bank of Nova Scotia; UBS AG; Bank of America, N.A.; Standard Chartered Bank US; Commerzbank AG US; and The Clearing House Payments Company, LLC (together, “Respondents”) the “February Order”). February Order, ECF No. 9. Applicant now seeks leave to serve additional subpoenas on Respondents. ECF No. 12.
An applicant seeking disclosure under § 1782 must satisfy the requirements of the statute. February Order at 1-2. If it does, the Court then exercises its discretion in light of several pertinent factors to determine whether and to what extent disclosure should be granted. Id. at 2. Applicant satisfies all statutory factors with respect to the present application for the reasons set forth in the February Order. Id. at 2-3. The four discretionary factors also weigh in favor of granting the present application for the same reasons already discussed in the February Order. Id. at 3; see also In re Application of Chevron Corp., 736 F.Supp.2d 773, 779-80 (S.D.N.Y. 2010).
Accordingly, the motion is GRANTED.
The Clerk of Court is directed to terminate the motion at ECF No. 12.
SO ORDERED.