Grupo Petrotemex, S.A. DE C.V. et al v. Polymetrix AG

Filing 665

ORDER granting 661 UNOPPOSED EXPEDITED MOTION FOR APPOINTMENT OF ADDITIONAL COMMISSIONERS TO TAKE EVIDENCE PURSUANT TO CHAPTER II, ARTICLE 17 OF THE HAGUE CONVENTION Signed by Magistrate Judge Hildy Bowbeer on 7/25/2020. (ERE)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
GRUPO PETROTEMEX, S.A. DE C.V. and
DAK AMERICAS LLC,
Plaintiffs,
v.
POLYMETRIX AG,
Defendant.
____________________________________

Civil Action No. 16-cv-02401 SRN-HB
ORDER APPOINTING
ADDITIONAL COMMISSIONERS
TO TAKE EVIDENCE PURSUANT
TO CHAPTER II, ARTICLE 17 OF
THE HAGUE CONVENTION OF 18
MARCH 1970 ON THE TAKING OF
EVIDENCE ABROAD IN CIVIL OR
COMMERCIAL MATTERS

The Court, having reviewed the papers submitted in support of Plaintiffs Grupo
Petrotemex, S.A. de C.V. and DAK Americas LLC (collectively, “GPT/DAK”) Unopposed
Expedited Motion for Appointment of Additional Commissioners to Take Evidence
Pursuant to Chapter II, Article 17 of the Hague Convention of 18 March 1970 on the Taking
of Evidence Abroad in Civil or Commercial Matters (the “Motion”), IT IS HEREBY
ORDERED THAT:
(a) The Motion is GRANTED;
(b) Pursuant to Article 17 of the Hague Convention, Alexander Englehart and
Marine Largant are duly appointed, pending the approval of the Swiss Federal Department
of Justice and Police (“FDJP”), as Commissioners to take evidence in the above-captioned
action, specifically in connection with the depositions of Danil Polyakov, Martin Müller,
and Andreas Christel in their individual capacities and one or more witnesses to testify on
behalf of Polymetrix pursuant to GPT/DAK’s Rule 30(b)(6) notice served on Polymetrix

on February 14, 2020, subject to the parties’ agreement regarding the scope of the topics in
the notice;
(c) This signed Order will be given to the counsel for GPT/DAK who are directed
to file it with the necessary application for authorization from the relevant Swiss authorities
within five (5) business days of the date of this order;
(d) By filing the request to appoint Mr. Englehart and Ms. Largant as
Commissioners, the parties do not intend to invalidate or suspend the June 15, 2020
decision by the FDJP, or to postpone the videoconference depositions beginning on August
3, 2020, and the parties are directed to include a statement to that effect in their
communications with the FDJP;
(e) Neither this Order, nor the terms of the Court’s Request (which is incorporated
into this Order) shall constitute or operate as a waiver of the attorney-client privilege, the
work product doctrine, or any other privileges, rights, or protections that may apply to
evidence under the laws of Switzerland or the United States.

SO ORDERED.

Dated: July 25, 2020

_s/ Hildy Bowbeer________________
The Honorable Hildy Bowbeer
United States Magistrate Judge

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