In Re Application of Makhpal Karibzhanova for Judicial Assistance Pursuant to 28 U.S.C. Section 1782

Filing 67

PROTECTIVE ORDER AND ORDER FOR STAY OF PROCEEDINGS...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. Any party wishing to make redacted or sealed submissions shall comply with Rule 9(C) of this Court's Individual Rules of Civil Procedure. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/13/2021) (ks)

Case 1:21-mc-00442-KPF Document 67 Filed 12/13/21 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE APPLICATION OF MAKHPAL
KARIBZHANOVA FOR JUDICIAL
ASSISTANCE PURSUANT TO 28 U.S.C.
§ 1782

Case No. 21-mc-00442
ECF Case

PROTECTIVE ORDER AND ORDER FOR STAY OF PROCEEDINGS
Applicant Makhpal Karibzhanova (“Makhpal” or “Applicant’) and intervenors Aidan
Karibzhanov (“Aidan”), Jasmin Karibzhanova (“Jasmin”) and Vladislav Kim (“Kim” and
collectively with Aidan and Jasmin, the “Intervenors”) are parties in the case captioned In re
Application of Makhpal Karibzhanova for Judicial Assistance Pursuant to 28 U.S.C. § 1782, Case
No. 21-mc-00442 (the “Action”), pending in the United States District Court for the Southern
District of New York (the “Court”). The Intervenors have motions pending before the Court to
vacate the June 15, 2021 Order [ECF No. 9] (the “1782 Order”), quash and modify subpoenas, and
for protective orders [ECF Nos. 10, 23, 39] (the “Motions”). While those Motions are pending,
Applicant has agreed to the entry of this protective order and order for stay of proceedings
(“Protective Order”) governing discovery in the Action as set forth below,
IT IS HEREBY ORDERED AS FOLLOWS:
1.

Any and all documents, materials and information disclosed, produced or obtained

in response to subpoenas issued by Mr. John Moscow (“Discovery Material”), including
information actually contained in the Discovery Material or that may be directly derived therefrom,
pursuant to the June 15, 2021 Order [ECF No. 9] (the “1782 Order”) granting the Application of
Makhpal Karibzhanova for Judicial Assistance Pursuant to 28 U.S.C. § 1782 (the “Application”)
and appointing Mr. Moscow as “Commissioner” shall be governed by this Protective Order.

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2.

All Discovery Material shall be designated confidential and treated as non-public,

confidential information.
3.

Applicant shall not use, disclose to any person, file or otherwise make publicly

available any Discovery Material, or any of the information contained therein or directly derived
therefrom for any reason whatsoever.
4.

Unless so ordered by the Court otherwise, Applicant shall not disclose the

Discovery Material, or the information contained therein for any reason whatsoever except to
Counsel for Applicant (“Counsel”) in this Action and the employees of Counsel who have
responsibility for this Action and act at the direction and under the supervision of Counsel
(“Permitted Persons”).
5.

Any use or discussion of Discovery Material by Counsel or Permitted Persons for

the purpose of litigating this Action shall not be deemed a violation of the terms of this Protective
Order, provided however that such use or discussion occurs in a setting consistent with the
maintenance of the confidential and non-public nature of such material and the terms of the
Protective Order. Any other use of the Discovery Material for any other purpose by Counsel or
Permitted Persons shall be deemed a violation of the terms of this Protective Order.
6.

If Counsel or any Permitted Person learns that, by inadvertence or otherwise, they

have disclosed Discovery Material to any person or in any circumstance not authorized under this
Protective Order, they must within one business day of learning of the disclosure take the following
actions: (a) notify all Intervenors of such disclosure; (b) use their best efforts to retrieve all
unauthorized copies of the disclosed Discovery Material; (c) inform the person or persons to whom
unauthorized disclosures were made of all the terms of this Protective Order; and (d) request such

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person or persons to both destroy the Discovery Material, and provide proof of such destruction to
any Intervenor who claims an interest in the disclosed information.
7.

The Court has not yet addressed the issue of whether the Discovery Material should

be entitled to protection absent this Protective Order, and, therefore, nothing herein shall be
construed or presented as a judicial determination that the Discovery Material is entitled to
protection or status, by statute or otherwise, except as explicitly stated and intended by this
Protective Order.
8.

This Protective Order shall not be construed as a waiver of any claim of privilege

with regard to the Discovery Material by either Applicant or any Intervenor.
9.

This Protective Order shall be subject to modification only with Court approval

upon motion of Applicant or any Intervenor, with notice provided to the non-moving parties.
10.

For so long as this Protective Order remains effective, and until such time as the

Court enters an order directing otherwise, Applicant shall cease issuing further subpoenas pursuant
to the 1782 Order or enforcing any outstanding subpoenas previously issued pursuant to the 1782
Order, and, immediately upon entry of this Protective Order, Applicant shall advise in writing
(with copy to undersigned counsel for the Intervenors) each of the recipients of any currently
outstanding subpoenas that their obligation to respond thereto is stayed pending further notification
(such further notification to include an order from the Court permitting Applicant to enforce
already issued subpoenas).
11.

Unless otherwise agreed upon by Applicant and all Intervenors or so ordered by

this Court, this Protective Order shall remain in full force and effect until such time as the Court
renders a final decision on the Motions.
Dated: December 10, 2021
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Respectfully Submitted,
/s/
John W. Moscow
Adam S. Kaufmann
A. Mackenna White
LEWIS BAACH KAUFMANN MIDDLEMISS
PLLC
The Chrysler Building
405 Lexington Avenue – 64th Floor
New York, NY 10174
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Makhpal Karibzhanova
This confidentiality agreement does not bind the Court or any
of its personnel. Any party wishing to make redacted or sealed
submissions shall comply with Rule 9(C) of this Court's
Individual Rules of Civil Procedure.
SO ORDERED:
DATED: December 13, 2021
New York, New York

________________________________
UNITED STATES DISTRICT JUDGE
Katherine Polk Failla

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