Schansman v. Sberbank of Russia PJSC

Background

The plaintiffs requested an order compelling Sberbank of Russia to comply with the court’s March 9, 2022 order concerning jurisdictional discovery. Jurisdictional discovery is information exchanged to help determine whether a court has authority over a defendant. The discovery concerned issues relevant to Sberbank’s claimed immunity under the Foreign Sovereign Immunities Act, including the independence of the Central Bank of the Russian Federation and the status of certain Sberbank Supervisory Board members.

The plaintiffs said Sberbank’s March 16 production contained only publicly available documents. They said Sberbank did not produce communications from its officers, did not search for internal or non-public communications, and did not produce an agreement concerning the representation of the Russian government’s interests. The plaintiffs asked the court to require compliance and adjust the schedule for an expert deposition and briefing on Sberbank’s second motion to dismiss.

Court’s Action

The court ordered Sberbank and the plaintiffs to meet and confer about the discovery disputes. It required them to file a joint status report of no more than three pages by April 11, 2022, stating whether they had resolved the disputes and identifying any remaining issues. The court also extended the jurisdictional-discovery schedule by seven days to allow the parties to try to resolve the dispute without further court assistance. The text does not expressly state whether the plaintiffs’ requested order compelling production or their specific proposed schedule was granted or denied.

Effect

The immediate ruling required the parties to attempt private resolution and report back. It did not state that the court imposed penalties or make a final determination about Sberbank’s immunity or compliance.