APPLICATION OF ILAN SHOR FOR AN ORDER DIRECTING DISCOVERY FROM MATEI DOHOTARU PURSUANT TO 28 U.S.C. 1782 (1:23-mc-00072), District Of Columbia District Court

APPLICATION OF ILAN SHOR FOR AN ORDER DIRECTING DISCOVERY FROM MATEI DOHOTARU PURSUANT TO 28 U.S.C. 1782

District Of Columbia District Court
Judge:	Trevor N Mcfadden
Case #:	1:23-mc-00072
Nature of Suit	890 Other Statutes - Other Statutory Actions
Cause	Motion to Enforce Subpoena

Case Filed:	Jul 26, 2023
Terminated:	Jan 25, 2024

Docket
Parties

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Docket last updated: 07/05/2024 11:59 PM EDT

Thursday, January 25, 2024
29		29 1 pgs misc Stipulation of Dismissal Thu 01/25 9:58 AM STIPULATION of Dismissal Pursuant to Rule 41(a)(1)(A)(ii) by ILAN SHOR. (Schmidt, Amelia) Related: [-]
		order .Order Thu 01/25 12:34 PM MINUTE ORDER: Having considered the parties'29 Joint Stipulation of Dismissal, the Court ORDERS that this case is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(a)(1)(A)(ii). All outstanding deadlines are VACATED. The Clerk of Court is requested to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 01/25/2024. (lctnm1) Related: [-]
Tuesday, January 16, 2024
		order .Order ~Util - Set/Reset Deadlines Tue 01/16 4:35 PM MINUTE ORDER: Upon consideration of the parties'28 Joint Status Report, Respondent's motion to dismiss is due on February 2, Petitioner's combined opposition and motion for sanctions is due on February 16, Respondent's combined opposition and reply is due on March 1, and Petitioner's reply is due on March 8. SO ORDERED. Signed by Judge Trevor N. McFadden on 01/16/2024. (lctnm1) Related: [-]
Friday, January 12, 2024
28		28 3 pgs misc Status Report Fri 01/12 5:18 PM Joint STATUS REPORT by ILAN SHOR. (Schmidt, Amelia) Related: [-]
Wednesday, December 13, 2023
27		27 2 pgs misc Status Report Wed 12/13 2:44 PM Joint STATUS REPORT by ILAN SHOR. (Schmidt, Amelia) Related: [-]
		order .Order ~Util - Set/Reset Deadlines Wed 12/13 4:55 PM MINUTE ORDER: The Court ORDERS the parties to file another Joint Status Report by January 12, 2024, addressing the status of all outstanding issues such as fees, costs, and fines. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/13/2023. (lctnm1) Related: [-]
Thursday, December 07, 2023
		order .Order ~Util - Set/Reset Deadlines Thu 12/07 2:13 PM MINUTE ORDER: The Court ORDERS the parties to submit a Joint Status Report by December 15, 2023, addressing Mr. Dohotaru's compliance with the Court's previous orders. See Order, ECF No. 5; Order, ECF No. 16. The Report shall also propose a briefing schedule, if necessary, to resolve any remaining issues in this matter, such as fees, costs, and fines. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/07/2023. (lctnm1) Related: [-]
Monday, November 27, 2023
26		26 11 pgs notice Notice (Other) Mon 11/27 1:53 PM NOTICE of Compliance with Subpoenas by MATEI DOHOTARU(Duffy, Jerrob) Related: [-]
		Att: 1 4 pgs Exhibit A,
		Att: 2 4 pgs Exhibit B,
		Att: 3 2 pgs Exhibit C,
		Att: 4 2 pgs Exhibit D
Tuesday, November 21, 2023
25		25 41 pgs misc Transcript Tue 11/21 3:45 PM TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on 11/8/2023; Page Numbers: 41. Date of Issuance:11/21/2023. Court Reporter Christine T. Asif, Telephone number 202-354-3247, Transcripts may be ordered by submitting the[LINK:Transcript Order Form] For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/12/2023. Redacted Transcript Deadline set for 12/22/2023. Release of Transcript Restriction set for 2/19/2024.(Asif, Christine) Related: [-]
24		24 1 pgs notice Notice of Appearance Tue 11/21 3:17 PM NOTICE of Appearance by Jerrob Duffy on behalf of MATEI DOHOTARU (Duffy, Jerrob) Related: [-]
23		23 1 pgs notice Notice of Appearance Tue 11/21 3:14 PM NOTICE of Appearance by Morgan Alexis Miller on behalf of MATEI DOHOTARU (Miller, Morgan) Related: [-]
22		22 1 pgs notice Notice of Appearance Tue 11/21 3:10 PM NOTICE of Appearance by Thomas Firestone on behalf of MATEI DOHOTARU (Firestone, Thomas) Related: [-]
Friday, November 17, 2023
21		21 1 pgs motion Appear Pro Hac Vice Fri 11/17 11:43 AM MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jerrob T. Duffy, Filing fee $ 100, receipt number ADCDC-10503375. Fee Status: Fee Paid. by MATEI DOHOTARU.(Wood, Benjamin) Related: [-]
		Att: 1 2 pgs Affidavit,
		Att: 2 1 pgs Text of Proposed Order,
		Att: 3 1 pgs Cert. of Good Standing
		order Order on Motion for Leave to Appear Pro Hac Vice Fri 11/17 1:25 PM MINUTE ORDER granting Respondent's21 Motion for Jerrob T. Duffy to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] .(lctnm1) Related: [-]
Thursday, November 16, 2023
20		20 1 pgs motion Appear Pro Hac Vice Thu 11/16 6:57 PM MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas A. Firestone, Filing fee $ 100, receipt number ADCDC-10502025. Fee Status: Fee Paid. by MATEI DOHOTARU.(Wood, Benjamin) Related: [-]
		Att: 1 2 pgs Declaration,
		Att: 2 1 pgs Text of Proposed Order,
		Att: 3 1 pgs Cert. of Good Standing
19		19 1 pgs motion Appear Pro Hac Vice Thu 11/16 3:03 PM MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morgan A. Miller, Filing fee $ 100, receipt number ADCDC-10500859. Fee Status: Fee Paid. by MATEI DOHOTARU.(Wood, Benjamin) Related: [-]
		Att: 1 2 pgs Declaration,
		Att: 2 1 pgs Text of Proposed Order,
		Att: 3 1 pgs Cert. of Good Standing
18		18 1 pgs motion Appear Pro Hac Vice Thu 11/16 2:47 PM MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jerrob T. Duffy, Filing fee $ 100, receipt number ADCDC-10500781. Fee Status: Fee Paid. by MATEI DOHOTARU.(Wood, Benjamin) Related: [-]
		Att: 1 Declaration,
		Att: 2 Text of Proposed Order,
		Att: 3 Cert. of Good Standing
		order Order on Motion for Leave to Appear Pro Hac Vice Thu 11/16 8:14 PM MINUTE ORDER denying Respondent's18 Motion for Jerrob T. Duffy to Appear Pro Hac Vice. An application for admission pro hac vice "must be accompanied by a certificate of the court or bar for the state in which the applicant regularly practices, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court." D.D.C. LCvR 83.2(c)(2). The certificate attached to Mr. Duffy's application was issued more than 30 days ago. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/16/2023. (lctnm1) Related: [-]
		order Order on Motion for Leave to Appear Pro Hac Vice Thu 11/16 8:18 PM MINUTE ORDER granting Respondent's19 Motion for Morgan A. Miller to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] . (lctnm1) Related: [-]
		order Order on Motion for Leave to Appear Pro Hac Vice Thu 11/16 8:20 PM MINUTE ORDER granting Respondent's20 Motion for Thomas A. Firestone to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] . (lctnm1) Related: [-]
Monday, November 13, 2023
		order .Order Mon 11/13 3:53 PM MINUTE ORDER: The Court construes Mr. Dohotaru's17 filing as a Motion for Reconsideration of the Court's16 Order compelling discovery compliance. See Castro v. United States, 540 U.S. 375, 381-82 (2003) Related [+]. So construed, the Court DENIES the17 Motion. Mr. Dohotaru principally argues that the privilege provision in 28 U.S.C. � 1782(a) justifies his noncompliance, especially when paired with a Moldovan official's statement that Mr. Dohotaru "is not allowed to divulge [certain] information." Mot. Ex. at 2, ECF No. 17-1. But Mr. Dohotaru's objection is well past due, and he has shown no good cause for his delay. His objection also fails on the merits. Mr. Shor's apparent inability to subpoena Mr. Dohotaru under Moldovan law does not necessarily neutralize his discovery efforts in this country. See Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004) (holding that � 1782(a) does not "categorically bar a district court from ordering production of documents when the foreign tribunal or the 'interested person' would not be able to obtain the documents if they were located in the foreign jurisdiction"). Any eventual admissibility arguments can be taken up with the appropriate authorities at a later time; they are no justification for ignoring the subpoenas altogether. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/13/2023. (lctnm1) Related: [-] cognizing a federal court's ability to "ignore the legal label that a pro se litigant attaches to a motion and recharacterize the motion in order... to create a better correspondence between the substance of the pro se motion's claim and its underlying legal basis"
Thursday, November 09, 2023
17		17 2 pgs respm Response to Order of the Court Mon 11/13 8:28 AM RESPONSE TO ORDER OF THE COURT re16 Order, filed by MATEI DOHOTARU.(mg) Related: [-]
		Att: 1 4 pgs Exhibit
Wednesday, November 08, 2023
16		16 1 pgs order .Order Wed 11/08 2:48 PM ORDER denying Mr. Dohotaru's7 Motion for Reconsideration of the Court's5 Memorandum Order, and requiring Mr. Dohotaru to comply with Petitioner's subpoenas. See the attached Order for details. Signed by Judge Trevor N. McFadden on 11/08/2023. (lctnm1) Related: [-]
		minutes Motion Hearing Wed 11/08 11:20 AM Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 11/8/2023 re Mr. Dohotaru's7 Response. Order forthcoming. (Court Reporter: Christine Asif.) (hmc) Related: [-]
Friday, November 03, 2023
15		15 1 pgs respm Supplemental Memorandum Fri 11/03 2:22 PM SUPPLEMENTAL MEMORANDUM to re14 Memorandum in Opposition filed by MATEI DOHOTARU.(mg) Related: [-]
		Att: 1 Exhibit
Wednesday, November 01, 2023
14		14 3 pgs respm Memorandum in opposition to motion Wed 11/01 4:40 PM Memorandum in opposition to re13 Motion for Order filed by MATEI DOHOTARU. (mg) Related: [-]
Thursday, October 26, 2023
13		13 4 pgs motion Motion For Order Thu 10/26 9:43 AM MOTION for Order Scheduling Dates for Mr. Dohotaru's Deposition and Production of Documents Pending Outcome of 8 November 2023 Hearing by ILAN SHOR.(Schmidt, Amelia) Related: [-]
		Att: 1 1 pgs Text of Proposed Order
		order .Order Thu 10/26 10:03 AM MINUTE ORDER: The Court ORDERS Defendant to file his response to Plaintiff's13 Motion for Order Scheduling Discovery Dates on or before November 2, 2023. Defendant is warned that failure to respond by that date may result in Plaintiff's motion being granted as conceded. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/2023. (lctnm3) Related: [-]
		utility Set/Reset Deadlines Thu 10/26 2:47 PM Set/Reset Deadlines: Defendant's response due by 11/2/2023. (hmc) Related: [-]
Wednesday, October 25, 2023
		notice Notice of Hearing Wed 10/25 4:29 PM NOTICE of Rescheduled Hearing: The Motion Hearing previously set for 10/25/2023 is rescheduled to 11/8/2023 at 10:30 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc) Related: [-]
Thursday, October 19, 2023
12		12 5 pgs respm Response to (non-motion) Document Wed 10/25 9:16 AM RESPONSE re10 Memorandum filed by MATEI DOHOTARU.(mg) Related: [-]
		Att: 1 2 pgs Exhibit
Wednesday, October 18, 2023
11		11 1 pgs motion Miscellaneous Relief Wed 10/25 9:11 AM MOTION to Reschedule Hearing re Order by MATEI DOHOTARU. (mg) Related: [-]
Monday, October 16, 2023
		order .Order ~Util - Set/Reset Deadlines/Hearings Mon 10/16 6:30 PM MINUTE ORDER: The Court ORDERS the parties to appear for an in-person argument on Mr. Dohotaru's7 Response on Wednesday, October 25, 2023, at 10:00 a.m. in Courtroom 2 before Judge Trevor N. McFadden. The Clerk of Court is directed to notify Mr. Dohotaru of this hearing. SO ORDERED. Signed by Judge Trevor N. McFadden. (lctnm1) Related: [-]
Friday, October 13, 2023
10		10 8 pgs misc Memorandum Fri 10/13 4:34 PM MEMORANDUM re7 Response to Order of the Court filed by MATEI DOHOTARU by ILAN SHOR.(Schmidt, Amelia) Related: [-]
		Att: 1 9 pgs Exhibit Jason Kuchinov Declaration,
		Att: 2 29 pgs Exhibit Shaul Brazil Declaration
9		9 1 pgs notice Notice of Appearance Fri 10/13 4:10 PM NOTICE of Appearance by Matthew G. Kaiser on behalf of ILAN SHOR (Kaiser, Matthew) Related: [-]
8		8 8 pgs order Standing Order Fri 10/13 1:31 PM STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 10/13/2023. (lctnm1) Related: [-]
Tuesday, October 03, 2023
		order ~Util - Set/Reset Deadlines Tue 10/03 5:56 PM MINUTE ORDER: Petitioner's response to Mr. Dohotaru's7 Response to Order of the Court shall be due by or before October 13, 2023. Mr. Dohotaru shall file any reply by or before October 20, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/03/2023. (lctnm1) Related: [-]
Monday, September 25, 2023
7		7 8 pgs respm Response to Order of the Court Fri 09/29 10:43 AM RESPONSE TO ORDER OF THE COURT re5 Order, filed by MATEI DOHOTARU. (zed) Related: [-]
Wednesday, September 20, 2023
6		6 service Certificate of Service Wed 09/20 7:38 PM CERTIFICATE OF SERVICE by ILAN SHOR re5 Order, Order,,,3 MOTION to Enforce Deposition Subpoena, Hold Non-Party in Contempt, and Award Attorneys Fees for Failure to Attend Deposition . (Schmidt, Amelia) Related: [-]
Monday, September 11, 2023
5		5 2 pgs order .Order Mon 09/11 5:01 PM ORDER GRANTING Petitioner's1 ,4 Renewed Motion for Attorneys' Fees and holding Mr. Dohotaru in conditional civil contempt. Unless Mr. Dohotaru complies with Petitioner's subpoenas by September 25, 2023, the Court will impose the monetary penalty set forth in the Order. See attached Order for details. Signed by Judge Trevor N. McFadden on 9/11/2023. (lctnm1) Related: [-]
Friday, September 08, 2023
4		4 2 pgs notice Notice (Other) Fri 09/08 4:24 PM NOTICE of Matei Dohotaru's Non-Compliance with Subpoenas and Court's 8/21/23 Minute Order by ILAN SHOR re Order,,, (Schmidt, Amelia) Related: [-]
Monday, August 21, 2023
		order .Order Mon 08/21 5:14 PM MINUTE ORDER: Petitioner's1 and3 Motions are granted in part. Matei Dohotaru's chance to object to Petitioner's subpoenas has come and gone. Mr. Dohotaru is hereby ordered to comply with Petitioner's subpoenas. To do that, he must contact Petitioner's counsel, directly or through an attorney, by September 1, 2023, to reschedule his deposition. And he must comply with the document subpoena. But the Court denies without prejudice Petitioner's request to hold Mr. Dohotaru in civil contempt for his failure to comply with Petitioner's subpoenas as well as Petitioner's motion for attorneys' fees. See Fed. R. Civ. P. 45(g). Petitioner may renew his contempt and sanctions motions after September 1, 2023. Any renewed motion should detail whether Mr. Dohotaru has complied with both subpoenas. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/21/2023. (lctnm1) Related: [-]
Wednesday, August 16, 2023
3		3 12 pgs motion Enforce Wed 08/16 8:31 PM MOTION to Enforce Deposition Subpoena, Hold Non-Party in Contempt, and Award Attorneys Fees for Failure to Attend Deposition by ILAN SHOR.(Schmidt, Amelia) Related: [-]
		Att: 1 18 pgs Exhibit Jason Kuchinov Declaration,
		Att: 2 1 pgs Text of Proposed Order
Wednesday, August 09, 2023
		order .Order ~Util - Set/Reset Deadlines Wed 08/09 10:52 AM MINUTE ORDER: Respondent shall respond to the1 Motion to Enforce Subpoena, Motion for Contempt, by August 17, 2023. If Respondent fails to do so, the Court may view that motion as conceded. See LCvR 7(b). SO ORDERED. Signed by Judge Trevor N. McFadden on 8/9/2023. (lctnm1) Related: [-]
Friday, August 04, 2023
		misc Filing Fee Received Mon 08/07 8:44 AM Filing fee received: $ 49, receipt number: 205246. (zed) Related: [-]
Thursday, August 03, 2023
2		2 service Certificate of Service Thu 08/03 7:09 PM CERTIFICATE OF SERVICE by ILAN SHOR re1 MOTION to Enforce MOTION for Contempt MOTION for Attorney Fees . (Schmidt, Amelia) Related: [-]
Wednesday, July 26, 2023
1		1 10 pgs motion Enforce Contempt Attorney Fees Wed 08/02 2:48 PM MOTION to Enforce Subpoena, MOTION for Contempt, MOTION for Attorney Fees by ILAN SHOR..(zed) Related: [-]
		Att: 1 81 pgs Exhibit,
		Att: 2 1 pgs Text of Proposed Order

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