Pavlov v. the Bank of New York Company, Inc.

Full title: MIKHAIL PAVLOV, et al., Plaintiffs, v. THE BANK OF NEW YORK COMPANY, INC.…

Court: United States District Court, S.D. New York

Date published: Oct 11, 2000

99 Civ. 10347 (LAK) (S.D.N.Y. Oct. 11, 2000)

Opinion

99 Civ. 10347 (LAK)

October 11, 2000

ORDER

LEWIS A. KAPLAN, District Judge.

Upon application of defendants, and after considering submissions by and hearing counsel for both sides, it is hereby ORDERED, as follows:

1. All discovery in this action is stayed pending the hearing and determination of defendants' forthcoming motion to dismiss the second amended complaint.

2. Defendants shall file their motion to dismiss on or before October 20, 2000. Answering papers shall be filed on or before November 3, 2000. Reply papers shall be served on or before November 10, 2000.

3. The purported Letter of Request prepared by plaintiffs' counsel, which purports to request the assistance of an official of the Ministry of Justice of the Russian Federation under the Convention on the Taking of Evidence Abroad in the Civil and Commercial Matterss and the Agreement between the Governments of the Russian Federation and the United States of America on Cooperation in Criminal and Judicatory Matters is inappropriate under both. Plaintiffs' counsel shall withdraw that Letter of Request and shall not use any similar requests absent leave of this Court.