Christopher Steel Deposition

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Case 0:17-cv-60426-UU Document 55 Entered on FLSD Docket 08/10/2017 Page 1 of 3

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

)
ALEKSEJ GUBAREV, XBT HOLDINGS )
S.A., and WEBZILLA, INC. )
)
Plaintiffs, ) Case No.
)
v. ) 0:17-cv-60426-UU
)
BUZZFEED, INC. and BEN SMITH, )
)
Defendants. )

NON-PARTY CHRISTOPHER STEELES MOTION TO INTERVENE


FOR THE LIMITED PURPOSE OF OPPOSING REQUEST FOR
INTERNATIONAL JUDICIAL ASSISTANCE TO COMPEL HIS DEPOSITION

COMES NOW Christopher Steele, without waiver of personal jurisdiction1, by and

through his undersigned counsel of record, and, pursuant to Fed. R. Civ. P. 24, moves the Court to

allow his intervention in this action for the sole purpose of objecting to the Courts entry of the

Request for International Judicial Assistance through The Hague Convention of 18 March 1970

on the Taking of Evidence Abroad in Civil or Commercial Matters (Rec. Doc. No. 54, Aug. 10,

2017) (Hague Request). The Court entered the Hague Request the day following the filing of

Plaintiffs Motion for Court to Issue Request for International Judicial Assistance on August 9,

2017 (Rec. Doc. No. 52, Aug. 9, 2017) (Plaintiffs Motion).

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As Plaintiffs admitted, Mr. Steele is a British citizen . . . [and] is beyond the jurisdiction of this or any American
Court. Plaintiffs Motion for Court to Issue Request for International Judicial Assistance on August 9, 2017 (Rec.
Doc. No. 52, Aug. 9, 2017) (Plaintiffs Motion). Mr. Steeles special appearance for the limited purpose of
objecting to Plaintiffs third party discovery attempt does not create general jurisdiction nor waive his personal
jurisdiction defenses under Fed. R. Civ. Pro. 12.

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Case 0:17-cv-60426-UU Document 55 Entered on FLSD Docket 08/10/2017 Page 2 of 3

This Court has discretion to refuse the Plaintiffs request seeking to compel discovery from

a foreign nonparty. See Yellow Pages Photos, Inc. v. Ziplocal, LP, 795 F.3d 1255, 1273 (11th Cir.

2015) (The decision whether to issue letters rogatory lies within the discretion of the district

court.). The deposition sought is impermissible and unlawful on multiple grounds, not the least

of which is that the self-same Plaintiffs have a direct defamation action pending against Mr. Steele

in the United Kingdom in which the requested deposition is strictly prohibited. Plaintiffs thus are

seeking to employ this Court in an end-run around their limitations in their parallel U.K. action.

To more fully itemize and support his objections to the Hague Request, Mr. Steele

respectfully requests the Court to allow him to file a motion to quash the Hague Request or before

August 24, 2017 (i.e., within fourteen (14) days).

Respectfully submitted, this 10th day of August, 2017.

/s/ Christopher A. Riley


CHRISTOPHER A. RILEY
Florida Bar No. 0168165

OF COUNSEL:

CHRISTINA HULL EIKHOFF (LEAD ATTORNEY)


Georgia Bar No. 242539
KRISTI RAMSAY
Georgia Bar No. 964749

Attorneys for Christopher Steele

ALSTON & BIRD LLP


1201 West Peachtree Street
Atlanta, GA 30309-3424
(404) 881-7000 (telephone)
(404) 881-7777 (facsimile)

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Case 0:17-cv-60426-UU Document 55 Entered on FLSD Docket 08/10/2017 Page 3 of 3

CERTIFICATE OF SERVICE

This is to certify that I have this day filed the foregoing MOTION TO INTERVENE OF

CHRISTOPHER STEELE with the Courts CM/ECF Service, which will provide electronic

notice to counsel of record this 10th day of August, 2017.

/s/ Christopher A. Riley


CHRISTOPHER A. RILEY

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