IN RE: Ex Parte Application of Maria Claudia Beldi, Maria Ines Bveldi and Antonion Fabio Beldi to take discovery for use in a foreign proceeding under 28 USC 1782
Filing
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ORDER granting 6 Motion to Intervene; granting in part and denying in part 6 Motion to Stay. IT IS HEREBY ORDERED that Intervenors' Motion to Intervene is GRANTED. Intervenors shall have until November 6, 2024, to file their m otion to vacate the Court's grant of the Section 1782 application and to quash the subpoenas issued pursuant to it. Any response to such motion is due no later than November 20, 2024; any reply is due no later than November 27, 2024. IT IS FU RTHER ORDERED that the motion to stay is GRANTED IN PART. The Court stays the obligation of any entity on whom a subpoena has been served to produce materials in response to such a subpoena, pending further action of this Court. Applicants may, however, coordinate with the subpoenaed entities to ensure that responsive materials are gathered and retained, such that they may be produced promptly if the Court declines to quash the subpoenas. If Applicants receive discovery respo nsive to the subpoenas served in this proceeding, Applicants shall make no use of that discovery and take no action with respect to that discovery, but instead shall alert the Court, via a filing on the public docket of this case, to the fact of A pplicants' receipt of such discovery. The Court further orders Applicants forthwith to serve a copy of this order upon all entities upon which a subpoena has been served. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/23/2024) (tg)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE:
EX PARTE APPLICATION OF MARIA
CLAUDIA BELDI, MARIA INES BELDI,
AND ANTONIO FABIO BELDI TO TAKE
DISCOVERY FOR USE IN A FOREIGN
PROCEEDING UNDER 28 U.S.C. § 1782
24-MC-421 (VEC)
ORDER
VALERIE CAPRONI, United States District Judge:
WHEREAS Antonio Roberto Beldi, Marco Antonio Beldi, Maria Theresa Beldi de Souza,
Thais Barros Beldi, Agro Pecuária Beldi Ltda., Brookline Investments Ltd., Calas Participações
Ltda., Credibel Corretora de Seguros S.A., Credibel Holding Financeira S.A., CSM Cartões de
Segurança Ltda., Ficus Empreendimentos Imobiliários Ltda., Morus Educacional Participações
S.A., Morus Empreendimentos Imobiliários Ltda., Santana Participações Ltda., Sapoti
Empreendimentos Imobiliários S.A., Selte Serviços Elétricos Telefônicos Ltda., Splice do Brasil
- Telecomunicações e Eletrônica S.A., and Tolvi Participações S.A. (collectively, “Intervenors”)
filed a Motion to Intervene and Stay (Dkt. 6–7) on October 21, 2024.
IT IS HEREBY ORDERED that Intervenors’ Motion to Intervene is GRANTED.
Intervenors shall have until November 6, 2024, to file their motion to vacate the Court’s grant of
the Section 1782 application and to quash the subpoenas issued pursuant to it. Any response to
such motion is due no later than November 20, 2024; any reply is due no later than November
27, 2024.
IT IS FURTHER ORDERED that the motion to stay is GRANTED IN PART. The Court
stays the obligation of any entity on whom a subpoena has been served to produce materials in
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response to such a subpoena, pending further action of this Court. Applicants may, however,
coordinate with the subpoenaed entities to ensure that responsive materials are gathered and
retained, such that they may be produced promptly if the Court declines to quash the subpoenas.
If Applicants receive discovery responsive to the subpoenas served in this proceeding, Applicants
shall make no use of that discovery and take no action with respect to that discovery, but instead
shall alert the Court, via a filing on the public docket of this case, to the fact of Applicants’ receipt
of such discovery. The Court further orders Applicants forthwith to serve a copy of this order
upon all entities upon which a subpoena has been served.
SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge
Date: October 23, 2024
New York, NY
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