In Re: International Business Machines Corporation et al

Filing 9

ORDER granting 1 Motion re: 1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION for an Order to Take Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C. § 1782 . (Filing Fee $ 52.00, Receipt Number ANYSDC-2917 5279). IT IS HEREBY ORDERED THAT: 1. Applicants are authorized, pursuant to 28 U.S.C. § 1782, to take discovery from the Respondents, International Business Machines Corporation and Promontory Financial Group, LLC, pursuant to subpoenas for the production of documents in substantially the form attached to the Application as Exhibits 2 and 3; and to this application (Doc. #1.) 2. This order is without prejudice to Respondents' rights to assert objections in relation to the subpoenas. IT IS SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/5/24) (yv)

Case 7:24-mc-00165-KMK Document 1-1 Filed 04/04/24 Page 2 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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INRE:
APPLICATION OF BERTIE MEHIGAN AND
OLIVE MEHIGAN FOR AN ORDER TO TAKE
DISCOVERY FOR USE IN FOREIGN PROCEEDINGS
PURSUANT TO 28 U.S.C. § 1782.

Misc. Case No. - - - ( ~R ~ ORDER

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This Court, having reviewed the Application of Bertie Mehigan and Olive Mehigan for
an Order to Take Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C. § 1782 (the
"Application"), the Declaration of Bertie Mehigan, dated March 5, 2024, the Declaration of Bill
Leahy, dated March 6, 2024, and the Declaration of Kenneth R. Puhala, dated April 3, 2024, and
Applicants' accompanying Memorandum of Law, finds that (1) the statutory requirements of 28
U.S.C. § 1782 are satisfied, and (2) the discretionary 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 Application.
Therefore, IT IS HEREBY ORDERED THAT:
1.

Applicants are authorized, pursuant to 28 U.S.C. § 1782, to take discovery from
the Respondents, International Business Machines Corporation and Promontory
Financ·a1 Group, LLC, pursuant to subpoenas for the production 9f documents in
i'

to this application (Doc. #1 .)

substantially the form attached to the Application as Exhibits 2 and 3; and
2.

This o ,rder is without prejudice to Respondents' rights to assert o?jections in
relation to the subpoenas.

IT IS SO ORDERED this

5th

day of April, 2024.

STATES DISTRT JUDGE