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Media Alerts - Sergeeva v. Tripleton Intl. Ltd., et al. - 11th Circuit
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September 20, 2016
  Sergeeva v. Tripleton Intl. Ltd., et al. - 11th Circuit
Headline: Eleventh Circuit holds that discovery pursuant to 28 U.S.C. § 1782 reaches documents located outside of the United States sought in conformity with the Federal Rules of Civil Procedure ("FRCP").

Area of Law: Civil Procedure/International Judicial Assistance

Issue: Whether discovery pursuant to 28 U.S.C. § 1782 reaches documents located outside of the United States sought in conformity with the FRCP.

Brief Summary: Anna Sergeeva ("Sergeeva") sought to obtain information from Trident Corporate Services, Inc. ("Trident") through an ex parte application for judicial assistance demonstrating her ex - husband's beneficial ownership of a Bahamian corporation that was an affiliate of Trident. Trident objected to production of documents located outside of the United States arguing that the court lacked authority under section 1782. The Eleventh Circuit affirmed the district court's ruling denying Trident's motion to vacate the order granting judicial assistance and quash the subpoena. The court also affirmed the contempt order and sanctions imposed.

Extended Summary: In a proceeding in Russia to divide marital assets, Sergeeva claimed her former husband was concealing and dissipating marital assets held outside of Russia. The district court granted an application for judicial assistance and ordered the issuance of a subpoena directed to Trident. The court denied Trident's motion to vacate and compelled production of all the documents responsive to the subpoena. After Trident appealed these orders, the district court held Trident in contempt and imposed sanctions for failing to produce responsive documents.
The Eleventh Circuit affirmed the district court, finding the court properly concluded it was authorized to order production of documents located outside of the United States provided they were in the possession, custody, and control of Trident. The court noted that the applicable federal rule relates to the location of the act of production and not the location of the documents. The Eleventh Circuit also affirmed the district court's finding that Trident had control over the responsive documents and the sanctions order.

To view the full opinion: http://media.ca11.uscourts.gov...b/files/201513008.pdf

Panel: Jordan and Anderson Circuit Judges, and Dalton (United States District Judge for the Middle District of Florida, sitting by designation).

Argument: N/A

Date of Issued Opinion: August 23, 2016

Docket Numbers: 15 - 13008 & 15 - 15066

Decided: Affirmed

Case Alert Author: Marina Gonzalez, Martha Ferral

Counsel:
Philip Whitworth Engle for Appellant Trident Corporate Services, Inc.
Fredric J. Bold for Appellee Anna Aleksandrovna Sergeeva

Author of Opinion: Dalton, District Judge

    Posted By: Gary Kravitz @ 09/20/2016 01:27 PM     11th Circuit  

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