In Re: Ex parte Application of Tracey Amon

Background

On December 2, 2022, Tracey Amon filed an ex parte application—a request made without first notifying the opposing discovery target—for an order under 28 U.S.C. § 1782. That statute allows a federal district court to authorize discovery for use in proceedings before a foreign tribunal. The requested discovery was from Christie’s and was intended for use in multiple proceedings pending before a tribunal in Switzerland.

Court’s Analysis

The court found that the threshold requirements for § 1782 discovery were satisfied: Christie’s resided or was found in the Southern District of New York; the discovery was for use in foreign proceedings before a foreign tribunal; and Amon was an interested person. The court also determined that the factors identified by the Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc. favored permitting the requested discovery.

Ruling

The court granted the ex parte application for discovery from Christie’s. It authorized Amon to take discovery relating to the issues identified in her application under the Federal Rules of Civil Procedure and the court’s rules, including by serving Christie’s with a subpoena requiring document production. The court appointed Kevin Murphy and other attorneys affiliated with Wuersh & Gering LLP who were admitted to practice in the Southern District of New York to issue, sign, and serve the subpoena. Judge Robert W. Lehrburger also retained jurisdiction as necessary to enforce the subpoena’s terms.