Al-Attabi v. JPMorgan Chase Bank, N.A. et al

Filing 39

ORDER: As discussed during the conference held on March 8, 2022, Bank Audi's application to renew its motion to quash (Dkt. 35-36) is denied for the reasons stated at the conference. The order issued by the Court on January 26, 2022 (Dkt. 34) was a final order to which Bank Audi did not object or file an appeal. Bank Audi does not meet the requirements for Fed. R. Civ. P. 60(b). The purported changed circumstance (withdrawal of a defense) was controlled and created by Bank Audi. Mo reover, the material sought remains of use in the foreign proceeding for the reasons set forth in Petitioner's letter dated March 2, 2022. (Dkt. 38). The Court also denies Bank Audi's request to stay pending appeal for the reasons stated at the conference. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/8/2022) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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In re Application of
:
:
MAJED AMIR AL-ATTABI,
:
:
For an order pursuant to 28 U.S.C. § 1782 to :
take discovery for use in foreign proceedings :
pending in the Republic of Lebanon.
:
:
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3/8/2022

21-MC-207 (VSB) (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
As discussed during the conference held on March 8, 2022, Bank Audi’s
application to renew its motion to quash (Dkt. 35-36) is denied for the reasons stated at
the conference. The order issued by the Court on January 26, 2022 (Dkt. 34) was a final
order to which Bank Audi did not object or file an appeal. Bank Audi does not meet the
requirements for Fed. R. Civ. P. 60(b). The purported changed circumstance (withdrawal
of a defense) was controlled and created by Bank Audi. Moreover, the material sought
remains of use in the foreign proceeding for the reasons set forth in Petitioner’s letter
dated March 2, 2022. (Dkt. 38). The Court also denies Bank Audi’s request to stay
pending appeal for the reasons stated at the conference.
SO ORDERED,

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: March 8, 2022
New York, New York

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