In re: Ex Parte Application of DNG FZE

Filing 8

ORDER: The Court accordingly orders that DNG serve a copy of this order on Pay Pal and on Mulanaphy by the close of the business, Wednesday, November 29, 2023, and simultaneously serve PayPal with a copy of its ex parte application. Any oppositio n to the § 1782 application is due Monday, December 11, 2023; the Court will treat a failure to timely file an opposition as signifying non opposition. Any reply by DNG is due Friday, December 15, 2023. The Court will thereafter promptly act on the application. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/27/2023) ( Motions due by 11/29/2023., Replies due by 12/15/2023., Responses due by 11/11/2023) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
INRE:
EX PARTE APPLICATION OF
DNG FZE FOR AN ORDER TO OBTAIN
DISCOVERY FOR USE IN FOREIGN
PROEEDINGS PURSUANT TO 28 U.S.C. § 1782

23 me 435 (PAE)
ORDER

PAUL A. ENGELMAYER, District Judge:
On November I 0, 2023, petitioner DNG FZE ("DNG") filed this action under 28 U.S.C.

§ 1782, seeking an order directing a PayPal Inc. ("PayPal") senior manager, Michael Mulanaphy,
to appear for a deposition on matters relevant to a proceeding pending in the High Court of
Singapore. Dkt. 1 (ex parte application). The docket reflects that on November 20, 2023, DNG
served Mulanaphy with its ex parte application. Dkt. 7. The docket does not reflect service
upon PayPal.
Although the Court's initial assessment is that DNG's application is consonant with the
statut01y requirements and the "Intel factors" guiding the exercise of discretion in evaluating §
1782 applications, DNG's application does not supply a reason for the application to be resolved
ex parte.
The Court accordingly orders that DNG serve a copy of this order on PayPal and on
Mulanaphy by the close of the business, Wednesday, November 29, 2023, and simultaneously
serve PayPal with a copy of its ex parte application. Any opposition to the § 1782 application is
due Monday, December 11, 2023; the Comi will treat a failure to timely file an opposition as

signifying non-opposition. Any reply by DNG is due Friday, December 15, 2023. The Cornt
will thereafter promptly act on the application.
SO ORDERED.

PAULA. ENGELMAYER //
United States District Judge

Dated: November 27, 2023
New York, New York

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