The Federal Republic of Nigeria et al v. VR ADVISORY SERVICES, LTD. et al

Filing 10

ORDER. IT IS HEREBY ORDERED that: 1. The application for discovery from VR Advisory Services, Ltd. ("VR Advisory"), VR Advisory Services (USA) LLC ("VR Advisory USA"), VR Capital Group, Ltd. ("VR Capital"), VR Global Ons hore Fund, L.P. ("VR Onshore"), VR Argentina Recovery Onshore Fund II, L.P. ("VR Argentina"), and directors and officers Richard Dietz, Jeffrey Johnson, and Ashok Raju (collectively VR Respondents) pursuant to 28 U.S.C. Section 17 82 is granted; 2. The Applicants are authorized to take discovery relating to the issues identified in its application from VR Respondents in accordance with the Federal Rules of Civil Procedure and the Rules of this Court, including by serving on VR Respondents a subpoena duces tecum for a deposition and the production of the documents listed in the form subpoenas attached as Exhibits 1 - 8 to the Declaration of Alexander D. Pencu, Esq.; 3. VR Respondents are hereby directed to comply with the subpoena in accordance with the Federal Rules of Civil Procedure and the Rules of this Court; 4. Alexander D. Pencu of Meister Seelig & Fein, LLP is hereby appointed to issue, sign and serve the subpoenas upon VR Respondents; and 5. This Court shall retain such jurisdiction as is necessary to effectuate the terms of such subpoenas. So ordered. Granting 1 Motion for Discovery. (Signed by Judge Paul A. Engelmayer on 5/14/2020) (rjm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THE FEDERAL REPUBLIC OF NIGERIA; ABUBAKAR
MALAMI, THE ATTORNEY GENERAL OF THE
FEDERAL REPUBLIC OF NIGERIA
Civ. Action No. 1:20-mc-209
Applicants,
ORDER
VR ADVISORY SERVICES, LTD.; VR ADVISORY
SERVICES (USA) LLC; VR CAPITAL GROUP, LTD.;
VR GLOBAL ONSHORE FUND, L.P.; VR ARGENTINA
RECOVERY ONSHORE FUND II, L.P.; RICHARD
DIETZ; JEFFREY JOHNSON; and ASHOK RAJU,
Respondents.
Upon consideration of the ex parte application submitted by The Federal Republic of
Nigeria and the Honorable Abubakar Malami, the Attorney General of the Federation and Minister
of Justice of Nigeria (collectively, the “Applicants”) for an order pursuant to 28 U.S.C. Section
1782 to conduct discovery for use in a foreign proceeding, and the accompanying memorandum
of law, the Declaration of Alexander D. Pencu, Esq., and the Declaration of Attorney General
Malami,
IT IS HEREBY ORDERED that:
1. The application for discovery from VR Advisory Services, Ltd. (“VR Advisory”), VR
Advisory Services (USA) LLC (“VR Advisory USA”), VR Capital Group, Ltd. (“VR
Capital”), VR Global Onshore Fund, L.P. (“VR Onshore”), VR Argentina Recovery
Onshore Fund II, L.P. (“VR Argentina”), and directors and officers Richard Dietz, Jeffrey
Johnson, and Ashok Raju (collectively “VR Respondents”) pursuant to 28 U.S.C. Section
1782 is granted;
2. The Applicants are authorized to take discovery relating to the issues identified in its
application from VR Respondents in accordance with the Federal Rules of Civil Procedure
and the Rules of this Court, including by serving on VR Respondents a subpoena duces

Case 1:20-mc-00209-PAE Document 7 Filed 05/13/20 Page 2 of 2

tecum for a deposition and the production of the documents listed in the form subpoenas
attached as Exhibits 1 - 8 to the Declaration of Alexander D. Pencu, Esq.;
3. VR Respondents are hereby directed to comply with the subpoena in accordance with the
Federal Rules of Civil Procedure and the Rules of this Court;
4. Alexander D. Pencu of Meister Seelig & Fein, LLP is hereby appointed to issue, sign and
serve the subpoenas upon VR Respondents; and
5. This Court shall retain such jurisdiction as is necessary to effectuate the terms of such
subpoenas.

Dated: May 14, 2020
New York, NY

SO ORDERED.

PaJA.�

__________________________________
PAUL A. ENGELMAYER
United States District Judge

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