Yukos Capital SARL et al v. Feldman, No. 1:2015cv04964 - Document 161 (S.D.N.Y. 2016)

Court Description: MEMORANDUM OPINION re: 159 LETTER MOTION to Compel non-party Richard Deitz to appear for a deposition addressed to Judge Lewis A. Kaplan from Mary E. Flynn dated May 23, 2016 filed by Stitching Administratiekantoor Financial Pe rformance Holdings, Yukos Capital SARL, Stitching Administratiekantoor Yukos International, Marc Fleischman, Yukos Hydrocarbons Investments Limited, Luxtona Limited. Accordingly, the subpoena is modified to require that Deitz appear for and submit to a deposition (a) Commencing on a date and at a time and place agreed upon by the parties in a written stipulation filed with the Court or, if no such stipulation is filed on or before June 10, 2016, (b) Commencing on a date and at a time and place in London, United Kingdom, to be fixed by the Court by subsequent order on application by the plaintiffs. The deposition shall be recorded on video and, if the parties so stipulate in writing or the Court later so orders, may be conducted by video conference. Plaintiffs' motion to compel compliance [DI 159] is granted to the extent that Deitz shall comply with the subpoena as modified by this order and any written stipulations or subsequent order or orders of this Cou rt, as the latter case may be. It is denied in all other respects. Any disobedience of the subpoena or of this or any subsequent order(s) of this Court is punishable as contempt of court and may subject the transgressor to arrest and/or criminal prosecution. (As further set forth in this Memorandum Opinion.) (Signed by Judge Lewis A. Kaplan on 6/3/2016) (mro)