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

Filing 62

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/13/2022) (ks)

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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
---------------------------------------In re Ex Parte Application of Majed Amir Al-Attabi,
Petitioner,
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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PROTECTIVE ORDER
WHEREAS, on September 3, 2021, the Court granted the application of Petitioner
Majed Amir Al-Attabi (“Petitioner”) to take certain discovery in this District for use in the
legal proceedings pending between Petitioner and Bank Audi S.A.L. (“Bank Audi”) in the
Court of First Instance of Beirut under No. 448/2020 and in the Court of Judicial
Enforcement of Beirut under No. 211/2021 (collectively, the “Lebanon Proceedings”) [ECF
10]; and
WHEREAS, pursuant to the Court’s September 3, 2021 Order, the Petitioner served
subpoenas in this district on JPMorgan Chase Bank, N.A., The Bank of New York Mellon,
Citibank, N.A., and Standard Chartered Bank (the “Subpoenaed Banks”) seeking production
of, among other things, records reflecting certain U.S. dollar transfers by Bank Audi in a
format that does not disclose the names or any other personally identifying information
(such as account numbers) of any transferor, transferee, or Bank Audi customer; and
WHEREAS, Bank Audi is the defendant in the Lebanon Proceedings and has
appeared in this case to challenge the issuance of the subpoenas and wishes to protect the
confidentiality of its customers’ information; and
WHEREAS, Bank Audi has requested entry of a protective order to govern the
treatment of the documents and information to be produced by the Subpoenaed Banks in

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response to the Petitioner’s subpoenas as modified by the Court on January 26, 2022 [ECF
34] (the “§ 1782 Subpoenas”);
IT IS HEREBY ORDERED, pursuant to 28 U.S.C. § 1782 and Rule 26(c) of the
Federal Rules of Civil Procedure that:
1.

All documents and information produced by the Subpoenaed Banks in

response to the § 1782 Subpoenas (the “Subpoenaed Information”) shall not be used for any
purpose other than proving or rebutting any claim, issue, argument or defense raised in the
Lebanon Proceedings.
2.

The Subpoenaed Information may not be disclosed to any persons other than:

(a)

Petitioner and Bank Audi, the parties to the Lebanon Proceedings;

(b)

counsel for Petitioner and Bank Audi in this proceeding (including their

paralegal, technical, secretarial, and clerical personnel) (collectively, “U.S. Counsel”),
subject to compliance with Paragraph 3 of this Protective Order;
(c)

counsel for Petitioner and Bank Audi who are engaged in representing those

parties in the Lebanon Proceedings, including the paralegal, technical, secretarial and
clerical personnel who are actually engaged in assisting such counsel (collectively,
“Lebanon Counsel”), subject to compliance with Paragraph 3 of this Protective Order;
(d)

the courts presiding over the Lebanon Proceedings, including their clerical

personnel and any experts they appoint (the “Lebanon Courts”), subject to compliance with
Paragraph 4 of this Protective Order;
(e)

outside vendors providing photocopying, litigation support services,

translation services, or electronic discovery review platforms who are engaged by U.S.
Counsel or Lebanon Counsel to assist in this proceeding or the Lebanon Proceedings,
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subject to compliance with Paragraph 3 of this Protective Order;
(f)

other persons as ordered by this Court or the Lebanon Courts, provided that

such order is made on notice to Bank Audi, subject to the person’s compliance with
Paragraph 3 of this Protective Order.
3.

Unless otherwise ordered by this Court or one of the Lebanon Courts, prior to

disclosure of Subpoenaed Information to a person authorized under paragraphs 2(e) and
2(f):
(a)

The disclosing party shall provide to such person a copy of this Protective

Order and obtain from such person an executed copy of the Confidentiality Agreement
annexed hereto as Exhibit A. Where the person to whom the Subpoenaed Information is
disclosed pursuant to this paragraph 3 is reasonably believed not to understand this Order
and its Exhibit A as written in English, the disclosing party shall provide to such person a
translation of this Protective Order and of its Exhibit A in the language best understood by
the person to whom the Subpoenaed Information is disclosed.
(b)

Copies of the executed Confidentiality Agreements (whether in English or in

translation) shall be maintained by the U.S. Counsel for the disclosing party. The nondisclosing party may make an application to this Court to have the Confidentiality
Agreements produced by the disclosing party upon a showing of good cause and with an
adequate certification supported by substantiating information to the effect that there has
been an unauthorized disclosure of the Subpoenaed Information in violation of this Order.
4.

Prior to filing any Subpoenaed Information with a Lebanon Court, Lebanon

Counsel shall jointly move to obtain an order from that Lebanon Court providing that the
Subpoenaed Information, once filed, shall be maintained in a manner akin to filing under
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seal in an American court, such as by having it filed in a locked safe accessible only to that
Lebanon Court. No Subpoenaed Information may be filed with a Lebanon Court until that
court has issued a ruling on that joint request. Nothing in this Order in any way binds any
Lebanon Court’s disposition of the joint motion mentioned in this paragraph. U.S. Counsel
seeking to file any Confidential Information with this Court shall move to file it under seal
in accordance with applicable law and with any governing Individual Rules of Practice.
5.

All persons to whom the Subpoenaed Information is disclosed under

paragraphs 2(a), 2(b), 2(c), 2(e), and 2(f) are obligated to maintain the Subpoenaed
Information in a secure manner to prevent access to the Subpoenaed Information by
unauthorized persons.
6.

Any person in possession of Subpoenaed Information pursuant to the terms of

this Order who receives a subpoena or other legal process seeking production or disclosure
of the Subpoenaed Information shall, within three (3) business days of receipt thereof, (a)
transmit a copy of such subpoena or other legal process via overnight delivery or electronic
mail to legal counsel for Bank Audi and the designating Subpoenaed Bank via electronic
mail; and (b) notify the person seeking the Subpoenaed Information of the existence of this
Protective Order and provide them with a copy. No production or other disclosure of
Subpoenaed Information shall occur before the last date on which production may be made
as specified in or required by the subpoena or other process. Nothing in this Order shall
obligate any person who receives a subpoena or other legal process seeking production or
disclosure of Subpoenaed Information to resist such production or disclosure, or be
construed as encouraging any person not to comply with any court order, subpoena, or other
legal process.
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7.

Within sixty (60) days of the final conclusion of the Lebanon Proceedings, all

copies of the Subpoenaed Information shall be destroyed by Petitioner, Bank Audi, U.S.
Counsel, and Lebanon Counsel. The foregoing persons shall provide certificates confirming
such destruction by (i) themselves and (ii) all other persons to whom they disclosed the
Subpoenaed Information pursuant to paragraphs 2(e) and 2(f), to U.S. Counsel within the
sixty (60) day time period.
8.

This Court shall retain jurisdiction over this matter for all proceedings to

modify or enforce the terms of this Protective Order, including by the imposition of
appropriate monetary sanctions.
SO ORDERED,

VERNON S. BRODERICK
UNITED STATES DISTRICT JUDGE
Dated: September 13, 2022
New York, New York

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EXHIBIT A
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
---------------------------------------In re Ex Parte Application of Majed Amir Al-Attabi,
Petitioner,
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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CONFIDENTIALITY AGREEMENT
1.

My name is

. I am employed as

_____________________ (state position) by _______________________ (state name and
address of employer).
2.

I have received and read a copy of the Protective Order that has been entered in

the above captioned proceeding. I understand the provisions of the Protective Order and agree to
comply with and be bound by its provisions.
3.

I understand that monetary sanctions may be imposed upon me for violation of

the Protective Order. I consent to personal jurisdiction over me by the United States District
Court for the Southern District of New York with respect to enforcement of the Protective Order.

Dated: ___________________

Signed:________________________