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In re Application of Tianrui (International) Holding Co. Ltd.

United States District Court, S.D. New York

January 6, 2020

In re Application of TIANRUI (INTERNATIONAL) HOLDING COMPANY LIMITED, Applicant.

          ORDER CONCERNING BRIEFING SCHEDULE FOR CHINA SHANSHUI CEMENT GROUP LIMITED'S MOTION TO STAY AND/OR QUASH

          JESSE M. FURMAN United States District Judge

         WHEREAS, on November 22, 2019, Tianrui (International) Holding Company Limited (the “Applicant”) filed an ex parte application (the “Application”) pursuant to 28 U.S.C. § 1782 (“Section 1782”) seeking this Court's permission to serve subpoenas (the “Section 1782 Subpoenas”) on Citibank, N.A., the Bank of New York Mellon, Société Générale, 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, Commerzbank AG, and the Clearing House Payments Company LLC (collectively, the “Respondents”), see Dkt. No. 1; [1]

         WHEREAS, the Applicant seeks to use any discovery material produced by the Respondents in response to the Section 1782 Subpoenas in a legal proceeding (the “Cayman Petition”) involving the Applicant and China Shanshui Cement Group Limited (“CSC, ” and, with the Applicant, the “Parties”) pending before the Grand Court of the Cayman Islands (the “Grand Court”) identified as cause number FSD 161 of 2018, see Dkt. No. 4 ¶ 19, Dkt. No. 10 at 1 & n.1, Dkt. No. 10 at 10;

         WHEREAS, on August 13, 2019, CSC filed papers (the “Strike Out Motion”) in the Grand Court seeking, inter alia, to strike out the Cayman Petition because of a related legal proceeding also taking place before the Grand Court (the “Cayman Writ Action, ” and with the Cayman Petition, the “Cayman Proceedings”) or, in the alternative, to stay the Cayman Proceedings in favor of legal proceedings taking place before the High Court of Hong Kong Special Administrative Region, Court of First Instance;

         WHEREAS, on November 26-28, 2019, a hearing on CSC's Strike Out Motion took place before the Grand Court, and the Grand Court has since informed the Parties that it expected to issue a judgment on the Strike Out Motion (the “Grand Court Decision”) in early-to-mid January 2020, see Dkt. No. 16 at 4-5;

         WHEREAS, on November 26, 2019, this Court issued an ex parte order (the “November 26 Order”) authorizing the Applicant to serve the Section 1782 Subpoenas on the Respondents, but requiring the Applicant to provide actual notice and courtesy copies of the Section 1782 Subpoenas, the Application, and supporting documents to the party or parties against whom the requested discovery is likely to be used before serving the Section 1782 Subpoenas on Respondents, see Dkt. No. 7;

         WHEREAS, on December 20, 2019, the Applicant filed an affidavit of service indicating that, pursuant to the November 26 Order, the Applicant served the Section 1782 Subpoenas, the Application, and supporting documents on CSC and ten additional individuals and entities, see Dkt. No. 8;

         WHEREAS, on December 20, 2019, CSC filed a motion and supporting memorandum of law seeking to intervene in this Section 1782 Proceeding for purposes of, inter alia, filing an anticipated motion or motions (collectively, the “CSC Motion(s)”) to quash the Section 1782 Subpoenas and/or stay the Section 1782 Proceeding, see Dkt. No. 11, Dkt. No. 16;

         WHEREAS, on December 26, 2019, this Court entered an order (the “Administrative Stay Order”) ordering that the Respondents shall not comply with the Section 1782 Subpoenas unless and until this Court orders otherwise, and requiring the Parties to meet and confer and to submit a joint letter proposing the next steps in this Section 1782 Proceeding, including a proposed briefing schedule for the forthcoming CSC Motion(s), see Dkt. No. 18;

         WHEREAS, on December 26-27, 2019 the Applicant filed affidavits of service stating that the Applicant served a copy of the Administrative Stay Order on each of the Respondents, see Dkt. Nos. 19-40;

         WHEREAS, on December 30 and 31, 2019, the Applicant and CSC met and conferred to discuss the next steps in the Section 1782 Proceedings, and the Applicant informed CSC that, once the Grand Court's Decision is issued, it may seek leave to amend the Application to use the discovery obtained through the Section 1782 Subpoenas in other pending non-US actions proceeding in Hong Kong or in the Cayman Islands; and

         WHEREAS, the Parties have met and conferred about the next steps in this Section 1782 Proceeding, including a proposed briefing schedule for the forthcoming CSC Motion(s) and have agreed to the proposed briefing schedule as set forth herein.

         NOW THEREFORE, IT IS HEREBY ORDERED BY THIS COURT THAT:

         1. The CSC Motion(s) and any papers in support thereof shall be ...


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