Bitstamp Application

Case 1:20-mc-00376-AKH Document 1 Filed 11/13/20 Page 1 of 3
UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK
IN RE EX PARTE APPLICATION OF )
BITSTAMP LTD. )
Pursuant to 28 U.S.C. § 1782, )
For an Order to Obtain Discovery ) Case No: _______________
In Aid of a Foreign Proceeding )
)
APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. § 1782

TO OBTAIN DISCOVERY FOR USE IN FOREIGN PROCEEDING
Bitstamp Ltd. (“Applicant”), by and through its undersigned counsel, respectfully applies
to this Court for an order pursuant to 28 U.S.C. § 1782 authorizing Applicant to issue subpoenas
duces tecum to: (1) The Bank of America Corporation (“Bank of America”), which resides and
conducts business within the Southern District of New York, at its business address at Bank of
America Tower, One Bryant Park, New York, NY 10036, United States; and (2) Citibank, N.A.
(“Citibank”) which resides and conducts business within the Southern District of New York, at
its business address at 388 Greenwich Street, New York, NY 10013, to produce documents for
use in a proceeding taking place in Denmark. The proposed form of subpoenas duces tecum are
attached to the Declaration of Christopher LaVigne, executed on November 12, 2020 (the
“LaVigne Declaration”).
This Application meets all of the statutory and discretionary factors considered under 28
USC § 1782. Applicant seeks discovery for the purpose of using it in aid of Applicant’s lawsuit
against CNG Processing ApS (“CNG”), a Danish company, brought in The Danish Maritime and
Commercial High Court (the “Danish Court”), Case No. BS-16981/2019-SHR (the “Danish
Proceeding”). In the Danish Proceeding, Applicant has alleged that CNG is withholding money
that rightfully belongs to Applicant in certain United States bank accounts, including the Bank of
America and Citibank accounts that are the subject of the proposed subpoenas attached as
exhibits to the LaVigne Declaration. CNG has alleged that the money being held in those
accounts cannot be removed from those accounts because Bank of America and Citibank have
frozen and prohibited withdrawals from those accounts. Accordingly, the status and disposition
of the disputed accounts is a vital issue in the Danish Proceeding.
CNG has failed to produce any documents in the Danish Proceeding that support its
allegation that the relevant accounts are indeed frozen. Accordingly, Applicant makes this
application pursuant 28 USC § 1782 to serve subpoenas on Bank of America and Citibank,
which are not parties to the Danish Proceeding, to obtain information regarding the status and
disposition of the disputed accounts. Applicant is not using this proceeding as an attempt to
circumvent the requirements of the Danish Court, the Danish courts are receptive to this form of
discovery, and the discovery sought is not unduly burdensome or intrusive.
In further support of this Application, and in addition to the LaVigne Declaration, and the
exhibits annexed thereto, Applicant submits the accompanying memorandum of law, the
declaration of Kristian Storgaard, executed on November 11, 2020, and the exhibits annexed
thereto.
2
WHEREFORE, the Applicant respectfully requests that this Court enter an Order:
1. Granting Applicant’s application to issue subpoenas duces tecum, substantially in
the form submitted with this Application, for discovery from Bank of America and Citibank
pursuant to 28 U.S.C. § 1782;
2. Appointing the undersigned to issue and sign the subpoena, substantially in the
form submitted with this Application, and serve the subpoena in accordance with the Federal
Rules of Civil Procedure.
Dated: New York, New York

November 12, 2020
WITHERS BERGMAN LLP
By: _________________________________
Christopher LaVigne, Esq.
Joseph Gallo, Esq.
430 Park Avenue, 10th Floor
New York, New York 10022
Tel: (212) 848-9800
Fax: (212) 848-9888
christopher.lavigne@withersworldwide.com
joseph.gallo@withersworldwide.com
Attorneys for Bitstamp

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Case 1:20-mc-00376-AKH Document 1 Filed 11/13/20 Page 1 of 3

UNITED STATES DISTRICT COURT

APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. § 1782

of the disputed accounts is a vital issue in the Danish Proceeding.

discovery, and the discovery sought is not unduly burdensome or intrusive.

1. Granting Applicant’s application to issue subpoenas duces tecum, substantially in

pursuant to 28 U.S.C. § 1782;

Rules of Civil Procedure.

Dated: New York, New York

WITHERS BERGMAN LLP

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