In re Application of MICHAEL PENNER and STUART SYBERSMA

Filing 96

Judge Indira Talwani: ORDER entered re 92 MOTION for Issuance of Letters Rogatory to Conduct Further Supplemental Discovery filed by Michael Penner, Stuart Sybersma: ORDER REGARDING MOTION FOR LEAVE TO CONDUCT FURTHER SUPPLEMENTAL DISCOVERY PURSUANT TO 28 U.S.C. § 1782. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Inre 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

C.A. No. 17-1152(r

for Use in Proceeding in Foreign Tribunal

VI-W

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Pursuant to 28 U.S.C. § 1782,
Applicants.

ORDER RRGARDINf; MOTION FOR i.f.a vf TO CONDUCT FIIRTHFR

SUPPEEMFNTAI DTSCOVFRV Pim«irANT to

ir

Applicants Michael Penner and Stuart Sybersma in their capacity as Joint Official

Liquidators ("JOLs") ofBTU Power Company (In Official Liquidation) ("BTUPC") filed a
Motion for Leave to Conduct Further Supplemental Discovery Pursuant to 28 U.S.C. §1782
October 10,2019. By their Motion, the JOLs seek leave to subpoena documents and testimony
on

from Christina Stephens for use in aforeign proceeding that the JOLs have initiated in the name
ofBTUPC against Wael Almazeedi in the Grand Court ofthe Cayman Islands.
It is hereby ORDERED that:

(1) The JOLs shall promptly serve Ms. Stevens and Mr. Almazeedi with acopy of:
(a) the JOLs' Motion for Leave to Conduct Further Supplemental Discovery [#92]; (b) the
Memorandum &Order ofthis Court dated March 14,2019 [#78]; (c) the Memorandum &Order

ofthis Court dated November 22,2017 [#34]; (d) Fifth Affidavit ofMichael Penner (Corrected)
[#95] and attached Exhibits; (e) Fifth Affidavit ofThomas M. Ciampa [#94] and attached
Exhibit; and (f) this Order;

(2)

Service upon Mr. Almazeedi may be accomplished by sending copies ofthe

applicable documents by email to Mr. Almazeedi at [e-mail] and by United
States mail to any known United States address(es) for Mr. Almazeedi;
(3)

The JOLs shall promptly file certificate(s) documenting such service and shall serve

copies ofsuch certificates on Ms. Stephens and Mr. Almazeedi; and

(4)

Any opposition by Ms. Stephens or Mr. Almazeedi to the JOLs' request that this

court authorize limited discovery upon Ms. Stephens under 28 U.S.C. §1782 and Intel Com, v

Advanced Microdevices Tnr ,542 U.S. 241 (2004), shall be filed and served on the JOLs no later
than two weeks afterservice of the motion.

SO ORDERED, this /^

day of ^ 2 0 1 9

nited States District Judge