Opinion
23 Misc. 134 (PGG)
07-26-2023
CARGILL, INCORPORATED, Movant, v. PUBLIC JOINT STOCK COMPANY NATIONAL BANK TRUST, Respondent.
ORDER
PAUL G. GARDEPHE, U.S.D.J.
WHEREAS, Petitioner Public Joint-Stock Company National Bank Trust moved for an order pursuant to 28 U.S.C. § 1782 authorizing it to take discovery from certain financial institutions for use in contemplated proceedings in the British Virgin Islands on January 10, 2023 in case number 23 Misc. 6 (23 Misc. 6, Dkt. No. 1);
WHEREAS, this Court granted Petitioner's motion for discovery on April 18, 2023 (23 Misc. 6, Dkt. No. 11);
WHEREAS, on April 29, 2023, Cargill, Incorporated (“Cargill”) commenced an action seeking to quash the subpoenas authorized by this Court's April 18, 2023 order (23 Misc. 134, Dkt. No. 1);
WHEREAS, on May 4, 2023, nonparties Louis Dreyfus Company Suisse SA, Louis Dreyfus Company Asia PTE Ltd., and Louis Dreyfus Company Trading & Service Co. SA (collectively, “Louis Dreyfus”) moved in case number 23 Misc. 6 “for an order: (i) granting leave for Louis Dreyfus to intervene as Respondents[;] . . . and (ii) staying Louis Dreyfus's obligation to comply with the subpoenas” authorized by this Court's April 18, 2023 order (23 Misc. 6, Dkt. No. 13);
WHEREAS, the motions filed by Cargill and Louis Dreyfus “involve a common question of law or fact” Fed.R.Civ.P. 42;
NOW THEREFORE, IT IS ORDERED, that the parties are directed to show cause why these cases should not be consolidated for resolution of the parties' motions. The parties should file a joint letter by August 2, 2023 setting forth their respective positions on consolidation.
SO ORDERED.