Preble-Rish Haiti SA v Republic of Haiti - United States District Court Southern District of New York Case No 1-21-cv-04960 - Order - 27 June 2023
Country
Year
2023
Summary
In an order dated September 30, 2022, the Court dismissed plaintiff Preble-Rish Haiti, S.A.'s ("Preble-Rish") motion to compel compliance with a subpoena for the testimony at deposition of Michel Patrick Boisvert, Minister of Economy and Finance for defendant Republic of Haiti. Preble-Rish Haiti, S.A. v. Republic of Haiti, et al., 21-cv-4960 (PKC) (S.D.N.Y Sept. 30, 2022) (the "Order"). Preble-Rish had intended to depose Minister Boisvert as part of an effort to locate assets to attach in satisfaction of an arbitration award. For the purposes of the Order, the Court assumed that Minister Boisvert was an officer of the Republic of Haiti--a party to the action. Applying the relevant provisions of Rule 45, Fed. R. Civ. P., and based on a declaration from Mr. Boisvert stating he did not regularly travel to Washington, DC or New York, the Court determined that he could not be commanded to appear in either location. Preble-Rish moves for reconsideration of that ruling pursuant to Rule 60(b), Fed. R. Civ. P., and Local Civil Rule 6.3. For reasons explained below, the Court denies the motion.