In re Application of Republic of Kazakhstan for an Order Directing Discovery from Wells Fargo Bank National Association Pursuant to 28 USC 1782 - United States District Court District of Michigan Case No 18-cv-409 - Order 12 August 2021
The background and genesis of the international arbitration and subsequent multiple foreign legal proceedings involving the same regarding which Kazakhstan seeks discovery in aid of a foreign proceeding pursuant to 28 U.S.C. § 1782 is set forth in this Court's prior Order, dated March 15, 2018. See generally ECF No. 6. In brief, Kazakhstan sought, and the Court granted, authority to issue a subpoena to Wells Fargo for the production of certain documents for use in those "multiple foreign legal proceedings in which Kazakhstan is challenging the recognition and enforcement of [the] foreign arbitral award." Consent Mot. at 2; see generally ECF No. 6.
Certain of those foreign legal proceedings remain ongoing, including in Belgium, Luxembourg, the Netherlands, and Italy. See, e.g., Consent Mot. at 2-3; Kirtland Decl. ¶¶ 13-15. In Luxembourg, there is also now "an ongoing criminal investigation [of the parties who obtained the foreign arbitral award]. . . involving the courts, in which Kazakhstan is entitled to submit relevant evidence that it discovers." Consent Mot. at 3; see Kirtland Decl. ¶ 15.
Pursuant to § 1782, Kazakhstan seeks authority to subpoena Wells Fargo to produce a witness for a deposition pursuant to Federal Rule of Civil Procedure 30(b)(6) in connection with documents Wells Fargo has produced. As stated above, Kazakhstan and Wells Fargo "were able to reach an agreement regarding the Rule 30(b)(6) deposition requested by Kazakhstan." Consent Mot. at 4; see Kirtland Decl. ¶ 12. Wells Fargo has no objection to producing a 30(b)(6) deponent "subject to [Kazakhstan] reimbursing certain of Wells Fargo's reasonable costs incurred in responding to the subpoena, in an amount to be decided following an additional meet-and-confer." Consent Mot. at 4; see Kirtland Decl. ¶ 12; see also Consent Mot. at 1 (reasonable costs have been agreed to "in principle and will be finally determined through good-faith negotiations").