In Re The Matter of the Application of Vantage Mezzanine Fund II Partnership acting through Vantage Mezzanine Fund II (pty) ltd. for an Order to Take Discovery Pursuant to 28 U.S. Code § 1782

Filing 9

ORDER GRANTING THE EX PARTE APPLICATION OF VANTAGE MEZZANINE FUND II PARTNERSHIP FOR AN ORDER TO TAKE DISCOVERY PURSUANT TO 28 U.S.C. §1782 granting 4 Motion for Discovery. IT IS HEREBY ORDERED THAT: (a) Vantage's Application is granted; This is without prejudice to any objection that Respondents may raise. (b) Respondents The Clearing House Payments Company L.L.C.; Barclays Bank PLC; Citibank N.A., Deutsche Bank Trust Company Americas, HSBC Bank USA, N.A., JPMorgan Chase Bank, N.A., The Bank of New York Mellon, The Northern Trust Company / The Northern Trust International Banking Corporation, UBS AG, Wells Fargo Bank N.A., Bank of America N.A., and Standard Chartered Bank shall make available to Vantage all do cuments responsive to the categories of documents described in Appendix "1" of this Order within twenty (20) days of service of this Order on each respective Respondent or at such other time as may be agreed; (c) Joseph T. Johnson , Luke F. Zadkovich, Eva-Maria Mayer and any other attorneys affiliated with the law firm Floyd Zadkovich (US) LLP and admitted to practice before this Court are appointed as examiners to: (i) obtain the requested documents and information pursuan t to Appendix "1" to this Order; and (ii) to issues subpoenas to Respondents to obtain documents, with Appendix "1" to this Order attached to such subpoenas as the enumeration of document categories; AND (d) Vantage is ordered to serve a copy of this Order on Respondents. The Court shall retain jurisdiction over this matter for the purpose of enforcing this Order and assessing any supplemental request for discovery assistance. The Clerk of Court is directed to terminate Dkt. 4 and close the case. IT IS SO ORDERED. (Signed by Judge Arun Subramanian on 7/23/2024) (vfr)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN THE MATTER OF THE APPLICATION OF
VANTAGE MEZZANINE FUND II
PARTNERSHIP acting through VANTAGE
MEZZANINE FUND II (PTY) LTD FOR AN
ORDER TO TAKE DISCOVERY PURSUANT
TO 28 U.S.C. §1782

No. 24-MC-320

ORDER GRANTING THE EX PARTE APPLICATION
OF VANTAGE MEZZANINE FUND II PARTNERSHIP
FOR AN ORDER TO TAKE DISCOVERY PURSUANT TO 28 U.S.C. §1782
This mater comes before the Court on the ex parte Application of Vantage Mezzanine Fund
II Partnership acting through Vantage Mezzanine Fund II (Pty) Ltd (“Vantage”) for an order to
take discovery pursuant to 28 U.S.C. §1782, for use in proceedings to recognize an arbitral award
against Mr. John Eric Kodwo Taylor (“Mr. Taylor”) and seek related relief before foreign courts
(the “Application”). The Court has considered Vantage’s Application and exhibits thereto,
together with its accompanying Memorandum of Law, and good cause having been shown;
IT IS HEREBY ORDERED THAT:
(a) Vantage’s Application is granted;

This is without prejudice to any objection that
Respondents may raise.

(b) Respondents The Clearing House Payments Company L.L.C.; Barclays Bank PLC;
Citibank N.A., Deutsche Bank Trust Company Americas, HSBC Bank USA, N.A.,
JPMorgan Chase Bank, N.A., The Bank of New York Mellon, The Northern Trust
Company / The Northern Trust International Banking Corporation, UBS AG, Wells
Fargo Bank N.A., Bank of America N.A., and Standard Chartered Bank shall make
available to Vantage all documents responsive to the categories of documents described

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in Appendix “1” of this Order within twenty (20) days of service of this Order on each
respective Respondent or at such other time as may be agreed;
(c) Joseph T. Johnson, Luke F. Zadkovich, Eva-Maria Mayer and any other attorneys
affiliated with the law firm Floyd Zadkovich (US) LLP and admitted to practice before
this Court are appointed as examiners to: (i) obtain the requested documents and
information pursuant to Appendix “1” to this Order; and (ii) to issues subpoenas to
Respondents to obtain documents, with Appendix “1” to this Order attached to such
subpoenas as the enumeration of document categories; AND
(d) Vantage is ordered to serve a copy of this Order on Respondents.
The Court shall retain jurisdiction over this matter for the purpose of enforcing this Order and assessing
any supplemental request for discovery assistance.
The Clerk of Court is directed to terminate Dkt. 4 and close the case.
IT IS SO ORDERED.
______________________________
United States District Judge

Dated: July 23, 2024

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APPENDIX 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN THE MATTER OF THE APPLICATION OF
VANTAGE MEZZANINE FUND II
PARTNERSHIP acting through VANTAGE
MEZZANINE FUND II (PTY) LTD FOR AN
ORDER TO TAKE DISCOVERY PURSUANT
TO 28 U.S.C. §1782

No. 24-MC-____

PRODUCTION OF DOCUMENTS
The Clearing House Payments Company L.L.C. (“Clearing House”, “CHIPS”), Barclays
Bank PLC; Citibank N.A., Deutsche Bank Trust Company Americas, HSBC Bank USA, N.A.,
JPMorgan Chase Bank, N.A., The Bank of New York Mellon, The Northern Trust Company, f/k/a
The Northern Trust International Banking Corporation, UBS AG, Wells Fargo Bank N.A., Bank
of America N.A., and Standard Chartered Bank (“Respondent Banks”) (collectively,
“Respondents”) shall produce copies of the documents described herein no later than twenty (20)
days from service upon them of the foregoing Order, at the offices of Floyd Zadkovich (US) LLP,
33 E 33rd Street, Suite 905, New York, NY 10016.
DEFINITIONS AND INSTRUCTIONS
A.

Each of the Uniform Definitions in Discovery Requests which are set forth in Local

Civil Rule 26.3 for the United States District Court for the Southern District of New York, is and
shall be deemed to be, fully incorporated herein.
B.

“John Eric Kodwo Taylor” means Mr. John Eric Kodwo Taylor, an individual of

Ghanaian and Maltese nationalities, born on March 3, 1958.

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C.

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“Moonstone Corporation Limited” means Moonstone Corporation Limited, a

Bermudian entity with company number 47728.
D.

“Newbury Cocoplum LLC” means Newbury Cocoplum LLC, a Florida limited

liability company with identification number 98-0473588.
E.

“Newbury Investments Venture Ltd” means Newbury Investments Venture Ltd, a

British Virgin Islands entity with company number 680631.
F.

“Newbury Properties LLC” means Newbury Property LLC, a Florida limited

liability company with identification number 98-0473588.
G.

“Chapman Property, LLC” means Chapman Property, LLC, a Delaware limited

liability company with identification number 7142611.
H.

“Skybridge Investment Ltd” means Skybridge Investment Ltd, a Ghanaian entity

with its registered office at Volta place 3rd floor, West wing Residential area, Accra, P.O. Box KIA
30414, Airport, Accra.
I.

“Woodfields Energy Resources Ltd” means Woodfields Energy Resources Ltd, a

Ghanaian entity with its registered office at Hno. 22, Quarcoo Lane, Roma Ridge, Accra, P.O. Box
KIA 30414, Airport Accra.
J.

“Woodfields Energy Storage Company Ltd” means Woodfields Energy Storage

Company Ltd, a Ghanaian entity with its registered office at 291 Sankofa House, Airport West
Residential area, Accra, P.O. Box KIA 30414, Airport, Accra.
K.

“Chatwell Energy Ltd” means Chatwell Energy Ltd, a Ghanaian entity with its

registered office at Hno. 35, Patrice Lumuba Road, Accra, P.O. Box 30414, Airport, Accra.

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L.

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“Woodfields Petroleum Ltd” means Woodfields Petroleum Ltd, a Ghanaian entity

with its registered office at Volta place, 3rd floor, West Wing, Accra, P.O. Box 30414, Airport,
Accra.
M.

“Woodfields Upstream Ltd” means Woodfields Upstream Ltd (Ghana), a Ghanaian

entity with its registered office at Hno. 22, Quarcoo Lane, Roma Ridge, Accra, P.O. Box 30414,
Airport, Accra.
N.

“Cirrus Oil Services Ltd” means Cirrus Oil Services Ltd, a Ghanaian entity with its

registered office at House Number 49, Wolade-Akiwumi street, Accra, P.O. Box 30414, Airport,
Accra.
O.

“Cirrus Gas Limited” means Cirrus Gas Limited, a Ghanaian entity with its

registered office at Plot no. 25/3/5, Trusty foods road, Heavy industrial area, Accra, P.O. Box
9448, Airport, Accra.
P.

“Akoben Supply Company Ghana Limited” means Akoben Supply Company

Ghana Limited, a Ghanaian entity with its registered office at Hno. 5th Floor, Grand Oyeeman,
Airport Commercial area, Accra P.O. Box KIA 9448, Airport, Accra.
Q.

“Cirrus Supply Company Ghana Limited” means Cirrus Supply Company Ghana

Limited, a Ghanaian entity with its registered office at Hno. 219, Sankofa Hose, Accra, Accra,
P.O. Box KIA 30414, Airport, Accra.
R.

“Tel Energy Ltd” means Tel Energy Ltd, a Ghanaian entity with its registered office

at House Number 2, Sai Road East Legon, Accra, P.O. Box KIA 30414, Airport, Accra.
S.

“Sloane Energy Resources S.A.” means Sloane Energy Resources S.A., an entity

allegedly established under the laws of the Republic of Panama
T.

“Sloane Energy Ltd” means Sloane Energy Ltd, a UAE entity.

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U.

“Sloane Energy Resources Ltd” means Sloane Energy Resources Ltd, a Ghanaian

V.

“International Energy Services Ltd.” means International Energy Services LTD.,

entity.

an entity established under the laws of The Republic of Seychelles, with an address at Mayfair
Trust Group Limited, Second Floor, Capital City, Independence Avenue, P.O. Box 1312, Victoria,
Mahe. Republic of Seychelles.
W.

“Petroleum Hub Ltd” means Petroleum Hub Ltd, a Ghanaian entity with an address

at No. 219 Augustus Akiwumi Road, Airport Residential Area, Accra Ghana.
X.

“Mrs. Bertha Minyila Taylor” means Mrs. Bertha Minyila Taylor, also known as

“Bertha Minyila”, “Bertha Taylor”, “Bertha T Minyila”, and “John and Bertha Taylor”, an
individual of Ghanaian nationality.
Y.

“John E Taylor Family Revocable Trust” means the John E Taylor Family

Revocable Trust, a trust constituted in an unknown jurisdiction.
Z.

“Mr. Justice Kweku Taylor” means Mr. Justice Kweku Taylor, an individual of

Ghanaian nationality.
AA.

“Mr. John Kofi Taylor” means Mr. John Kofi Taylor, an individual of Ghanaian

nationality.
BB.

“Ms. Jessica Taylor” means Ms. Jessica Taylor, also known as “Jessica Alana

Taylor”, an individual of Ghanaian nationality.
CC.

“Mrs. Lena Boham” means Mrs. Lena Boham, an individual of Ghanaian

nationality.
DD.

“Ms. Jessica Alana Taylor” means Ms. Jessica Alana Taylor, an individual of

Ghanaian nationality.

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EE.

“Ms. Kaity Taylor” means Ms. Kaity Taylor, an individual of Ghanaian nationality.

FF.

“Mr. Joseph Egyakwa-Amusah” means Mr. Joseph Egyakwa-Amusah, also know

as “Joseph Kobina Egyakwa-Amusah”, an individual of Ghanaian nationality.
GG.

“Mr. Joseph Mbrokoh-Ewoal” means Mr. Joseph Mbrokoh-Ewoal, an individual of

Ghanaian nationality.
HH.

“You” and “Your” refers to the Respondents.
INSTRUCTIONS

A.

These Requests are directed to every document in Your possession or subject to

Your custody and control.
B.

These Requests are to be deemed continuing in nature, and documents that are

responsive but are discovered subsequent to an initial production should be promptly produced in
the same manner, and at the same address, as the initial production.
C.

All documents produced pursuant to these Requests shall be produced as they are

kept in the usual course of business, shall be identified by the title of the file in which they are
located, and shall be identified as to the request in response to which they are being produced.
D.

Each Request for a document or documents to be produced requires the production

of the document in its entirety, without redaction or expurgation.
E.

If there are no documents responsive to a category in these Requests, so state in

writing.
F.

If any documents called for by these Requests is withheld under a claim of

privilege; such claim should be made expressly and must state: (a) the author of the document; (b)
the date of the document; (c) the subject matter of the document; (d) each person to whom an

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original copy of the document was sent; (e) every other person who received the document or a
copy of the document; and (f) the basis for the claim of privilege.
G.

Where an objection is made to any Request or sub-part thereof, the objection shall

state with specificity as to all grounds.
H.

Each Request covers the period from June 1, 2016, through present, unless

otherwise specified. If a document prepared before the relevant period is necessary for a correct or
complete understanding of any document covered by a Request, You must produce the earlier
document as well. If any document is undated and the date of its preparation cannot be determined,
the document shall be produced if otherwise responsive to the production Request.

First Set of Document Requests
1.

The below requests are directed at: Bank of America N.A. and Standard

Chartered Bank.
2.

All documents, including but not limited to any form of communications, messages,

requests, reports, or confirmation, concerning amounts of money owned by, transferred to,
transferred from, transferred pursuant to instructions from, or transferred for the benefit of the
individuals and entities listed in Schedule A, sections 1 and 2, or any entities or individuals whose
name(s) include the phrases shown in Schedule B, sections 1 and 2 between January 29, 2021,
through the present.
3.

All documents concerning wire transfers, SWIFT messages, book transfers or other

forms of transferring cash, funds, or securities which contain references to any individuals and
entities listed in Schedule A, sections 1 and 2, or any entities whose name include the phrases

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shown in Schedule B sections 1 and 2, or “145 Orquidea Avenue”, or “1425 Brickell Avenue,
unit 43E”, “6430 Chapman Field Dr” between January 29, 2021, and the present.
4.

All documents, including but not limited to any form of communications, messages,

requests, reports, or confirmation, concerning amounts of money owned by, transferred to,
transferred from, transferred pursuant to instructions from, or transferred for the benefit of the
individuals and entities listed in Schedule A, section 3, or any entities whose name(s) include the
phrases shown in Schedule B, section 3 between June 1, 2016, through the present.
5.

All documents concerning wire transfers, SWIFT messages, book transfers or other

forms of transferring cash, funds, or securities which contain references to any entities listed in
Schedule A, section 3, or any entities whose name include the phrases shown in Schedule B,
section 3, between June 1, 2016, through the present.
Second Set of Document Requests
6.

The below requests are directed at: The Clearing House Payments Company

L.L.C.; Barclays Bank PLC; Citibank N.A.; Deutsche Bank Trust Company Americas; HSBC
Bank USA, N.A.; JPMorgan Chase Bank, N.A.; The Bank of New York Mellon; The Northern
Trust Company, f/k/a The Northern Trust International Banking Corporation; UBS AG; and Wells
Fargo Bank N.A.
7.

All documents, including but not limited to any form of communications, messages,

requests, reports or confirmation, concerning amounts of money owned by, transferred to,
transferred from, transferred pursuant to instructions from, or transferred for the benefit of the
individuals and entities listed in Schedule A section 1, or any entities whose name(s) include the
phrases shown in Schedule B section 1, between May 5, 2023 and the present.

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8.

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All documents concerning wire transfers, SWIFT messages, book transfers or other

forms of transferring cash, funds, or securities which contain references to any individuals and
entities listed in Schedule A, section 1, or any entities whose name include the phrases shown in
Schedule, B section 1, or “145 Orquidea Avenue”, or “1425 Brickell Avenue, unit 43E”, “6430
Chapman Field Dr” between May 5, 2023, and the present.
9.

All documents, including but not limited to any form of communications, messages,

requests, reports or confirmation, concerning amounts of money owned by, transferred to,
transferred from, transferred pursuant to instructions from, or transferred for the benefit of the
following individuals and entities, listed in Schedule A, section 2, or any entities whose name(s)
include the phrases shown in Schedule B, section 2, between January 29, 2021, and the present.
10.

All documents concerning wire transfers, SWIFT messages, book transfers or other

forms of transferring cash, funds, or securities which contain references to any individuals and
entities listed in Schedule, A section 2, or any entities whose name include the phrases shown in
Schedule, B section 2, or “145 Orquidea Avenue”, or “1425 Brickell Avenue, unit 43E”, “6430
Chapman Field Dr” between January 29, 2021, and the present.
11.

All documents, including but not limited to any form of communications, messages,

requests, reports, or confirmation, concerning amounts of money owned by, transferred to,
transferred from, transferred pursuant to instructions from, or transferred for the benefit of the
entities listed in Schedule A, section 3, or any entities whose name(s) include the phrases shown
in Schedule B, section 3 between June 1, 2016 and January 29, 2021, and May 5, 2023, and the
present.
12.

All documents concerning wire transfers, SWIFT messages, book transfers or other

forms of transferring cash, funds, or securities which contain references to any entities listed in

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Schedule A, section 3, or any entities whose name include the phrases shown in Schedule B,
section 3, between June 1, 2016 and January 29, 2021, and May 5, 2023, and the present.

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