Opinion
22 Misc. 65
03-07-2022
IN RE EX PARTE APPLICATION OF RESTORE ADVISORY INTERMEDIACOES LTDA., Petitioner, For an Order Pursuant to 28 U.S.C. § 1782 to Take Discovery for use in Foreign Proceedings Pending in the Federative Republic of Brazil.
ORDER
Upon consideration of the ex parte petition of Restore Advisory Intermediates Ltda. (“Petitioner”) in application for an order permitting Petitioner to obtain discovery from Admel Properties, Inc. (“Respondent”) for use in pending foreign legal proceedings pursuant to 28 U.S.C. § 1782 (the “Application”) and all papers submitted in support thereof including the Memorandum, Toledo Declaration and Hollembeak Declaration and all exhibits thereto, this Court finds that (1) the statutory requirements of Section 1782 are satisfied, (2) the factors identified by the United States Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004), weigh in favor of granting the Application and (3) granting the Application ex parte is warranted under the circumstances and will not prejudice the rights of Respondent to move to vacate this Order or quash Petitioner's discovery requests authorized hereunder. It is therefore
Capitalized terms used but not defined herein have the meanings ascribed to them in the Application.
ORDERED that the Application is granted; and it is further
ORDERED that Petitioner is authorized to conduct discovery in this District relating to the issues identified in the Application and supporting papers for use in the Brazilian Proceedings in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules of this Court, including by issuing Respondent subpoenas for the production of documents and for a deposition in accordance with Fed.R.Civ.P. 30(b)(6) in the forms annexed hereto as Exhibits 1-2, respectively; and it is further
ORDERED that counsel for Petitioner are hereby appointed to issue, sign, and serve subpoenas upon Respondent and any testimony in this matter may be taken before any certified court reporter authorized to take testimony and administer oaths, and such court reporters are hereby authorized to take testimony in this matter; and it is further
ORDERED that Petitioners' counsel shall serve a copy of this Order and all papers upon which it was based together with said subpoenas; and it is further
ORDERED that Respondent is directed to comply with the subpoenas in accordance with the Federal Rules of Civil Procedure and Local Civil Rules of this District and Rules of this Court, as applicable; provided, however, that this Order is without prejudice to the rights of Respondent to file a motion to vacate or quash; and it is further
ORDERED that Petitioner is authorized in its discretion to use or not use any discovery obtained by this Order in aid of the Brazilian Proceedings without further leave of this Court; and it is further
ORDERED that this Court has and shall retain jurisdiction over this matter.
SO ORDERED:
EXHIBIT OMITTED