In Re: Ex parte Application of Tracey Amon

Background

Tracey Amon filed an application under 28 U.S.C. § 1782, a federal law allowing a person to seek discovery in the United States for use in a proceeding before a foreign tribunal. The requested discovery was from American Express Company. The application stated that the discovery would be used in multiple foreign proceedings pending in Switzerland. The application was made without prior notice to the parties in those foreign proceedings, and the court was later advised that those parties did not intend to appear in this matter.

Court’s analysis

The court found that the statutory requirements for § 1782 discovery were satisfied because:

- American Express resides or is found in the Southern District of New York; - the requested discovery was for use in proceedings before a foreign tribunal in Switzerland; and - Amon was an interested person.

The court also applied the factors identified by the Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc. and found that they favored granting the application. The court further found a sufficient basis for authorizing the discovery. It concluded that granting the application without prior notice was permissible.

Order

The court granted Amon’s application. It authorized her to serve the subpoena attached to the application. The court appointed Kevin Murphy, and any other attorney affiliated with Wuersh & Gering LLP who was admitted to practice in the Southern District of New York, to issue, sign, and serve the subpoena on American Express.

American Express was directed to respond under the Federal Rules of Civil Procedure and the court’s Local Rules, while retaining the ability to assert any objection it deemed appropriate. The court also retained jurisdiction as necessary to carry out the subpoena’s terms. Stewart D. Aaron, United States Magistrate Judge, signed the order.