BSG Resources Limited v. Soros
- John Keenan
- 1:17-cv-02726
- U.S. District Court · Southern District of New York
- 3
In BSG Resources (Guinea) Limited v. Soros, Judge Wang ordered discovery productions and remote depositions, found no sanctions warranted, and set deadlines.
The order affected BSG Resources (Guinea) Limited and the other plaintiffs, George Soros and the other defendants, and the proposed deposition witnesses Benjamin “Beny” Steinmetz and Dag Lars Cramer.
What happened
In BSG Resources (Guinea) Limited v. Soros, the court addressed plaintiffs’ response to an order to explain their conduct, defendants’ request to depose two witnesses, and defendants’ discovery requests.
The court found that sanctions were not warranted at that time. It ordered plaintiffs to produce certain remaining arbitration documents, required the parties to discuss documents involving Pentler, and directed the parties to arrange remote depositions of Benjamin “Beny” Steinmetz and Dag Lars Cramer.
The court also ordered additional document productions, metadata, and explanations for redactions; required a log for withheld documents; set deadlines and a status conference; and closed two discovery matters. The order was signed by Magistrate Judge Ona T. Wang.
The detailed version
- BSG Resources Limited v. Soros · No. 1:17-cv-02726
- John Keenan
- June 4, 2021
Background
The court considered three matters: plaintiffs’ response to an April 22, 2021 order to explain their conduct; defendants’ request under Federal Rule of Civil Procedure 30(b)(1) to depose Benjamin “Beny” Steinmetz and Dag Lars Cramer; and defendants’ letter motion seeking discovery.
Order to Explain Conduct
After reviewing plaintiffs’ response, the court stated that sanctions were not warranted at that time. If plaintiffs had not produced all remaining London Court of International Arbitration documents not covered by a confidentiality order, they had to produce them within 14 days. The parties also had to meet and discuss the Pentler documents, including the outcome of plaintiffs’ discussions with Pentler. If necessary, defendants were directed to serve Pentler with a document subpoena by June 22, 2021.
Depositions
Defendants sought to depose Steinmetz and Cramer in New York as alleged managing agents of BSGR. The opinion states that Steinmetz was described as BSGRL’s namesake, founder, principal, and ultimate beneficiary, and that Cramer was an officer of BSGRL. Both witnesses lived internationally and had agreed to voluntary depositions only in their individual capacities and not in New York.
Because the witnesses agreed to remote depositions, the court directed the parties to meet and discuss deposition dates. The depositions were to occur by August 30, 2021, and the parties had to submit proposed dates and times to the court by June 22, 2021. The court reserved any decision on whether the witnesses’ testimony would bind the plaintiffs.
Discovery Ruling
The court ordered plaintiffs to produce all remaining London Court of International Arbitration and International Centre for Settlement of Investment Disputes documents not covered by a confidentiality order within 14 days. Within 21 days, plaintiffs had to provide a log identifying any category of withheld documents, their scope and volume, and the grounds for withholding them.
For all productions, the parties had to produce metadata in their possession, custody, or control, except that metadata did not need to be produced if a party lacked it. The parties also had to state the basis for any redactions.
Further Proceedings and Disposition
The court set a status conference for June 29, 2021, required a joint status letter by June 22, 2021, and directed the parties to follow applicable courthouse entry requirements. The Clerk was directed to close ECF 237 and ECF 251. Judge Ona T. Wang signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.