In re Application of MICHAEL PENNER and STUART SYBERSMA

Filing 43

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

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

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