Schansman v. Sberbank of Russia PJSC

Background

The plaintiffs moved to compel defendant VTB Bank PSJC, which the order calls “VTB,” to produce documents. The plaintiffs first requested the documents in November 2021, more than 17 months before the order. The court stated that the delay had severely and negatively affected the progress of the case.

Order

After considering the defendants’ arguments about the reasons for the delay and the need for additional time, the court ordered VTB to produce the requested documents no later than November 30, 2023. VTB had to produce any documents available before that date as soon as they became available.

If VTB failed to produce all documents by November 30, the court would deem that failure a refusal to produce the documents based on the operation of foreign law. The court would then decide the consequences of that refusal under the principles discussed in the cited case law.

If the documents were not produced in full by the deadline, the plaintiffs had to inform the court within seven days and could supplement their motion to compel with relevant additional information. VTB could file a response within seven days after that.

Reporting Requirements

VTB had to file reports about its transmission of documents to relevant government entities for review, including the Russian Ministry of Finance; the governmental approval process; any production made to the plaintiffs; and any other information relevant to the motion. The scheduled report dates were June 12, July 12, August 14, September 12, October 12, and November 13, 2023. VTB also had to provide information requested by the plaintiffs about these matters and about its search for responsive documents.

Disposition

The court granted the plaintiffs’ motion to compel to the extent reflected in these directives by ordering production, reports, and related disclosures. The opinion does not expressly use the phrase “granted in part” or state a separate ruling on every aspect of the motion.