In the Matter of the Ex Parte Application of the Upper Brook Companies for an Order Directing Discovery in Aid of a Foreign Proceeding Pursuant to 28 U.S.C. §1782

Filing 13

ORDER GRANTING THE UPPER BROOK COMPANIES EX PARTE APPLICATION UNDER 28 U.S.C. SECTION 1782 AND DIRECTING DISCOVERY IN AID OF FOREIGN PROCEEDINGS: It is therefore ORDERED that the Application seeking an order directing discovery is GRANTED, and that the Applicants are hereby authorized to serve this Order, all papers submitted herewith, and the subpoena exhibited as Exhibit 1 to the Declaration of Michael C. Miller (the "Subpoena") upon J.P. Morgan Chase, N.A.; and it is further ORD ERED that the documents responsive to the Subpoena shall not be produced to the Applicants by J.P. Morgan Chase, N.A in fewer than 21 days from the date of this Order; and it is further ORDERED that within five days of this Order Applicants shall se rve a copy of this Order and all submissions in support of Applicants Application counsel for Palladyne International Asset Management in the Netherlands Proceeding as that term is used in the Application; and it is further ORDERED that within five days of this Order Applicants shall file redacted versions of its submissions in support of the Application redacting all bank account numbers and any other unique identifiers for any banking account together with a proposed Order unsealing the do cket and all submissions on the docket except for such portions as contain bank account numbers and any other unique identifiers for any banking account; and it is further ORDERED that J.P. Morgan Chase, N.A. comply with the Subpoena in accordance with, and subject to its rights under, the Federal Rules of Civil Procedure and the Rules of this Court; and it is further ORDERED that this Court will retain jurisdiction over this matter for further proceedings as may be necessary to effect and enforce this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/11/2022) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN THE MATTER OF THE EX PARTE
APPLICATION OF THE UPPER BROOK
COMPANIES FOR AN ORDER
DIRECTING DISCOVERY IN AID OF A
FOREIGN PROCEEDING PURSUANT TO
28 U.S.C. §1782

Misc. Case No. 22-mc-97(PKC)

ORDER GRANTING THE UPPER BROOK COMPANIES
EX PARTE APPLICATION UNDER 28 U.S.C. §1782
AND DIRECTING DISCOVERY
IN AID OF FOREIGN PROCEEDINGS
Upon consideration of the application directing discovery in aid of a foreign proceeding
pursuant to 28 U.S.C. §1782 (the “Application”) submitted by the Upper Brook Companies (the
“Applicants”) and all papers submitted in support thereof, this Court finds that (1) the statutory
requirements of 28 U.S.C. §1782 are satisfied, and (2) the factors identified by the United States
Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004), weigh in
favor of granting the Upper Brook Companies’ Application.
It is therefore
ORDERED that the Application seeking an order directing discovery is GRANTED,
and that the Applicants are hereby authorized to serve this Order, all papers submitted herewith,
and the subpoena exhibited as Exhibit 1 to the Declaration of Michael C. Miller (the
“Subpoena”) upon J.P. Morgan Chase, N.A.; and it is further
ORDERED that the documents responsive to the Subpoena shall not be produced to the
Applicants by J.P. Morgan Chase, N.A in fewer than 21 days from the date of this Order; and it
is further

ORDERED that within five days of this Order Applicants shall serve a copy of this
Order and all submissions in support of Applicants Application counsel for Palladyne
International Asset Management in the Netherlands Proceeding as that term is used in the
Application; and it is further
ORDERED that within five days of this Order Applicants shall file redacted versions of
its submissions in support of the Application redacting all bank account numbers and any other
unique identifiers for any banking account together with a proposed Order unsealing the docket
and all submissions on the docket except for such portions as contain bank account numbers and
any other unique identifiers for any banking account; and it is further
ORDERED that J.P. Morgan Chase, N.A. comply with the Subpoena in accordance with,
and subject to its rights under, the Federal Rules of Civil Procedure and the Rules of this Court;
and it is further
ORDERED that this Court will retain jurisdiction over this matter for further
proceedings as may be necessary to effect and enforce this Order.
SO ORDERED.
April 11, 2022
New York, NY

P. Kevin Castel
United States District Judge

2