Opinion
22-MC-352 (JMF)
12-14-2022
IN RE APPLICATION OF BONSENS.ORG
ORDER
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE
On December 13, 2022, Applicant BonSens.org filed an application pursuant to 28 U.S.C. § 1782 for an order compelling discovery for use in a foreign proceeding (the “Application”). (Docket No. 1). Although the Court has authority to address the Application ex parte, see Gushlak v. Gushlak, 486 Fed.Appx. 215, 217 (“[I]t is neither uncommon nor improper for district courts to grant applications made pursuant to § 1782 ex parte.”), the Court will not do so absent a demonstrated basis.
If Applicant believes there is a basis to proceed ex parte, it shall file a letter motion seeking leave to do so within three days of the date of this Order. In the absence of such a motion, Applicant shall serve on Respondent SpF a copy of the Application and supporting papers, together with a copy of this Order, no later than December 20, 2022, and file proof of such service on the docket. In addition, Applicant shall serve those same papers on Pfizer Inc. - the party against whom the requested discovery is likely to be used - by the same date, also filing proof of service on the docket. See Application of Sarrio, S.A., 119 F.3d 143, 148 (“[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)). Respondent SpF and Pfizer Inc. shall file any opposition to this Application no later than three weeks from the date on which they are served. Applicant's reply, if any, shall be due one week from the date upon which the opposition is filed.
If the parties believe that a conference would be helpful, either before or after the matter is fully briefed, they shall so advise the Court by letter.
SO ORDERED.