Filing 43

Judge Indira Talwani: ORDER entered granting 38 Motion for Discovery. SEE attached Order. (MacDonald, Gail)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) In re Application of MICHAEL PENNER and ) STUART SYBERSMA in their capacity as ) Joint Official Liquidators of BTU POWER ) COMPANY (IN OFFICIAL LIQUIDATION) ) for Order Granting Leave to Conduct Discovery ) for Use in Proceeding in Foreign Tribunal ) Pursuant to 28 U.S.C. § 1782, ) ) Applicants. ) ) Civil Case No. 17-cv-12136-IT ORDER REGARDING MOTION FOR LEAVE TO CONDUCT SUPPLEMENTAL DISCOVERY PURSUANT TO 28 U.S.C. § 1782 Applicants Michael Penner and Stuart Sybersma, in their capacity as Joint Voluntary Liquidators (“JVLs”) of BTU Power Company (In Voluntary Liquidation) (“BTUPC”), filed a Motion for Leave to Conduct Supplemental Discovery Pursuant to 28 U.S.C. § 1782 [#38]. By their Motion, the JVLs seek to obtain discovery from ADP Payroll Systems, Inc., American Express Company, Iron Mountain, Inc., and Bank of America Corp. (collectively the “Respondents”) for use in a foreign proceeding that the JVLs have initiated in the name of BTUPC against Wael Almazeedi in the Grand Court of the Cayman Islands. It is hereby ORDERED that: (1) By May 11, 2018, the JVLs shall serve each Respondent with a copy of the: (a) Motion and supporting Memorandum of Law; (b) Third Affidavit of Michael Penner; (c) Second Affidavit of Thomas M. Ciampa; (d) Memorandum & Order of this Court dated November 22, 2017; and (e) this Order. The JVLs shall file on the court’s docket a certificate certifying service of these documents. (2) Any Respondent that wishes to oppose the JVLs’ request that this Court authorize the JVLs to serve limited discovery under 28 U.S.C. § 1782 and Intel Corp. v. Advanced Microdevices, Inc., 542 U.S. 241 (2004), shall file and serve its opposition through the Court’s ECF system by June 1, 2018; and (3) The court will schedule a hearing if necessary upon the filing of an opposition. IT IS SO ORDERED. Date: May 7, 2018 United States District Judge 2

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