Opinion
20-CV-3384 (VEC) (KHP)
10-04-2022
BENTHOS MASTER FUND, LTD, Petitioner, v. AARON ETRA, Respondent.
ORDER
KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE.
On October 4, 2022, the Court received the attached correspondence from Respondent via email asking the Court to cancel the Evidentiary Hearing currently scheduled on Thursday, October 6, 2022. The Court subsequently received the attached response from the petitioner. Parties are reminded to file any correspondence with the Court via ECF. (ECF No. 146.)
The purpose of the Evidentiary Hearing scheduled on October 6, 2022 is to address the question of whether Respondent has “control” for purposes of Federal Rule of Civil Procedure 34(a), over monthly statements from two foreign bank accounts at Uni-Credit and Sberbank, over a certain time period. The Order scheduling the evidentiary hearing, which was issued on August 3, 2022 - over two months ago - directs the parties to be prepared to present witness testimony and evidence as well as argument, and specifically instructs Respondent to bring witnesses such as Mr. Helmut Allesch and clients who can provide testimony regarding the accounts in question.
Respondent asks that the Evidentiary Hearing be cancelled, because he claims that other than two documents he already provided to the Court, which he claims resolve the issue of “control,” Respondent has no further evidence to present. Respondent also notes the Evidentiary Hearing is scheduled during the Jewish High Holiday period. Petitioner responded that it plans to present evidence at the Hearing that contradicts Respondent's evidence -including testimony from Respondent. Petitioner also notes that the Evidentiary Hearing was scheduled over two months ago, and that the date of the Hearing - October 6, 2022 - is not a Jewish Holiday on which work is prohibited.
The Court agrees with Petitioner. The Evidentiary Hearing will take place per the Court's Order at ECF No. 146 on Thursday, October 6, 2022 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in person and should be prepared to present evidence and argument on the issue. If Respondent has no further evidence to present, that is fine, however Respondent shall be prepared to be crossexamined by Petitioner.
The Court requests that Petitioner serve this order on Respondent via email and first class mail to his address of record.
SO ORDERED.