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    In re Banco BNP Paribas Brasil S.A

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    In re Banco BNP Paribas Brasil S.A

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    Diego
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    In re Banco BNP Paribas Brasil S.A

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    Diego

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    22 Misc.

    252
    United States District Court, S.D. New York

    In re Banco BNP Paribas Brasil S.A.


    Decided Sep 8, 2022

    22 Misc. 252 A. Applicant has met the requirements under 28


    U.S.C. § 1782 for granting the requested judicial
    09-08-2022
    assistance and relief.
    In re Application of BANCO BNP PARIBAS
    B. For purposes of the instant Application, the
    BRASIL S.A., For an Order Pursuant to 28 U.S.C.
    following financial institutions and corporate
    § 1782 to Conduct Discovery for Use in
    entities reside or are found in the Southern District
    Foreign Proceedings
    of New York: Citibank, N.A., The Bank of New
    York Mellon, Societe Generale, New York Branch,
    HON. STEWART D. AARON UNITED STATES
    HSBC Bank USA, N.A., BNP Paribas USA,
    MAGISTRATE JUDGE
    JPMorgan Chase Bank, N.A., Barclays Bank PLC,
    [PROPOSED] ORDER GRANTING Deutsche Bank Trust Co. Americas, The Bank of
    APPLICATION FOR JUDICIAL Nova Scotia, New York Agency, UBS AG, Bank
    ASSISTANCE PURSUANT TO 28 U.S.C. § 2 of America, N.A., *2 Standard Chartered Bank
    1782 US, Commerzbank AG, New York Branch, and
    The Clearing House Payments Company, LLC
    HON. STEWART D. AARON UNITED STATES
    (together the “Respondents”).
    MAGISTRATE JUDGE
    C. The documentary and testimonial discovery
    THIS CAUSE came before the Court upon the
    sought through this Application is for use in
    Application of BANCO BNP PARIBAS BRASIL
    proceedings pending before a foreign tribunal.
    S.A., as claimant in the pending proceeding
    against Empresa Alagoana de Terminais Ltda. and D. The Applicant is an interested person within
    as a creditor in the pending reorganization the meaning of the statute, in its capacity as
    proceeding of Copertrading Comércio Exportação creditor in the foreign proceeding.
    e Importação S.A. before the Courts of the Judicial
    E. The discretionary factors, as described by the
    District of Maceió, in the State of Alagoas, Brazil
    United States Supreme Court in Intel Corp. v.
    (“Foreign Proceedings”), for Judicial Assistance
    Advanced Micro Devices, Inc. (542 U.S. 241, 247
    Pursuant to 28 U.S.C. § 1782. The Court, having
    (2004)), weigh in favor of granting the requested
    considered the Section 1782 Application, the
    assistance.
    Memorandum of Law, the Declaration of Felipe
    Vieira and accompanying Exhibits, and the F. More particularly: (1) the Respondents are not
    Declaration of Berenice Le Diascorn and expected to become parties to the Foreign
    accompanying Exhibits, and otherwise being fully Proceeding, thus, the need for this discovery is
    advised in the premises, finds as follows: more apparent; (2) there is no indication that the
    foreign tribunal would not be receptive to U.S.
    federal-court judicial assistance as requested in the

    1
    In re Banco BNP Paribas Brasil S.A. 22 Misc. 252 (S.D.N.Y. Sep. 8, 2022)

    Application; (3) the Application does not conceal 4. The Applicant's request to be appointed as the
    an attempt to circumvent foreign proof-gathering person with the power to administer any necessary
    restrictions; and (4) the Application seeks oath and take testimony or a statement is
    discovery that is not unduly intrusive or GRANTED.
    burdensome as the Application requests evidence
    5. The Respondents are ordered to preserve all
    of the type normally produced by financial
    relevant and potentially relevant evidence in their
    institutions or corporate entities as third parties or
    possession, custody or control until such time as
    parties in litigation.
    Applicant communicates to them that the
    G. The granting of the Petition ex parte is preservation is no longer necessary or until further
    recognized in this Circuit. See Gushlak v. Gushlak, order of this Com!.
    486 Fed.Appx. 215, 217, 2012 WL 2549813, at *1
    6. Applicant is further authorized to issue and
    (2d Cir. 2012) (“it is neither uncommon nor
    serve additional follow-up subpoenas on the
    improper for district courts to grant applications
    Respondents or thir d parties as may be necessary
    3 made pursuant to § 1782 ex parte”). *3
    to obtain the documentary and testimonial
    Accordingly, it is hereby ORDERED and evidence for use in the Foreign Proceedings.
    ADJUGED as follows:
    7. Nothing in this Order should be construed to
    1. The ex parte Application is GRANTED. prevent or otherwise foreclose Applicant from
    seeking modification of this Order or leave of
    2. Any Discovery taken pursuant to this Order will
    Court to serve any additional subpoena on a
    be governed by the Federal Rules of Civil
    person or entity. Further, nothing in this Order
    Procedme and the Local Civil Rules of this Corn!.
    should be construed to prevent or otherwise
    3. The Applicant's request for leave to conduct foreclose Respondents from seeking appropriate
    discovery including, but not limited to, leave to relief from the Court.
    serve subpoenas in substantially similar form as
    IT IS SO ORDERED
    the form attached to the Application and to take
    testimony is GRANTED.

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