In Re: Application of The Liverpool Limited Partnernship

Filing 38

ORDER: On April 7, 2021, Petitioner filed an application to conduct discovery for use in foreign proceedings pursuant to 28 U.S.C. § 1782. In a Memorandum Opinion & Order temporarily filed under seal, the Court DENIES Petitioner's motio n. The Court will send the temporarily sealed Opinion to the parties. By November 5, 2021, the parties are ORDERED to inform the Court whether either party seeks sealing or limited redactions of the Court's Opinion, justifying any such requ est by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onandaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In addition, both parties filed redacted copies of their underlying briefing without making specific application to the Court. Accordingly, the parties are ORDERED to justify and explain such redactions on or before November 26, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/4/2021) (vfr)

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11/4/2021 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re Application of the Liverpool Limited Partnership 21-mc-392 (AJN) ORDER ALISON J. NATHAN, District Judge: On April 7, 2021, Petitioner filed an application to conduct discovery for use in foreign proceedings pursuant to 28 U.S.C. § 1782. In a Memorandum Opinion & Order temporarily filed under seal, the Court DENIES Petitioner’s motion. The Court will send the temporarily sealed Opinion to the parties. By November 5, 2021, the parties are ORDERED to inform the Court whether either party seeks sealing or limited redactions of the Court’s Opinion, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onandaga, 435 F.3d 110, 119-20 (2d Cir. 2006). In addition, both parties filed redacted copies of their underlying briefing without making specific application to the Court. Accordingly, the parties are ORDERED to justify and explain such redactions on or before November 26, 2021. SO ORDERED. 1 Dated: November 4, 2021 New York, New York ____________________________________ ALISON J. NATHAN United States District Judge 2

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