In Re Frederick J. Warren

Filing 9

ORDER ON EX PARTE APPLICATION FOR DISCOVERY. Applicant's Application for Discovery Pursuant to 28 U.S.C. § 1782 is GRANTED. Closing Case. Signed by Judge Beth Bloom on 11/22/2024. See attached document for full details. (drz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 24-mc-24301-BLOOM/Elfenbein
IN RE APPLICATION OF
FREDERICK J. WARREN FOR AN
ORDER UNDER 28 U.S.C. § 1782
______________________________/
ORDER ON EX PARTE APPLICATION FOR DISCOVERY
THIS CAUSE is before the Court upon the Application of one of the Claimants, Frederick
J. Warren (“Applicant”), in Alicia Grace et al., v. United Mexican States, No. CV-24-0072793500CL, for an order under 28 U.S.C. § 1782 to take discovery from Hogan Lovells US LLP (“Hogan
Lovells”), ECF No. [1]. The Court has reviewed the Application, the record, and is otherwise fully
advised.
The Application seeks documents from Hogan Lovells for use in proceedings in the
Superior Court of Justice in Ontario, Canada, where the Applicant, along with other claimants
from a prior NAFTA arbitration, seek to set aside an arbitration award pursuant to Ontario’s
International Commercial Arbitration Act (“ICAA”). The Court finds that the Application meets
the requirements for such relief set forth in 28 U.S.C. § 1782. As a party to the proceeding in
Canada, Applicant is an “interested party” entitled to relief under the statute. The document
discovery Applicant seeks from Hogan Lovells is for use in a foreign proceeding and Hogan
Lovells can be found in the Southern District of Florida. Furthermore, this Court finds that the
factors set forth in Intel Corp. v. Advance Micro Devices, Inc., 542 U.S. 241 (2004) weigh heavily
in favor of granting Applicant’s request for discovery for use in the matter of Alicia Grace et al.,
v. United Mexican States, No. CV-24-00727935-00CL, pending in the Superior Court of Justice
in Ontario, Canada.

Case No. 24-mc-24301-BLOOM/Elfenbein
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Applicant’s Application for Discovery Pursuant to 28 U.S.C. § 1782 is GRANTED.
2. Applicant is authorized to issue the subpoena upon Hogan Lovells in substantially the
same forms attached as Exhibit 2 to the Orta Declaration accompanying the
Application, ECF No. [1-4] at 2-3.
3. Applicant and Hogan Lovells shall act in accordance with the Federal Rules of Civil
Procedure and the Local Rules of this Court in executing and complying with the
subpoenas.
4. The Clerk of Court is directed to CLOSE this case.
DONE AND ORDERED in Chambers at Miami, Florida, on November 22, 2024.

_________________________________
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of Record
Hogan Lovells US LLP
600 Brickell Avenue, Suite 2700
Miami, FL 33131

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