Sergeeva v. Tripleton Int'l Ltd., No. 15-13008 (11th Cir. 2016)Annotate this Case
After ending their marriage, Ex-Wife and Ex-Husband commenced proceedings in the Moscow Court for division of marital assets. In the Russian Dispute, Ex-Wife claimed that Ex-Husband was concealing and dissipating marital assets through and with the assistance of “offshore companies” around the world. In the United States, Ex-Wife sought information from Gabriella Pugh and her employer in Atlanta, Georgia - Trident - that she expected would reveal Ex-Husband’s beneficial ownership of Bahamian corporation, Tripleton. On referral, the Magistrate Judge granted Ex-Wife's ex parte Application for Judicial Assistance and authorized service of two subpoenas. In these consolidated appeals, Trident challenges the district court's order allowing discovery pursuant to 28 U.S.C. 1782 (Appeal No. 15-13008 (“First Appeal”)) and imposing contempt sanctions (Appeal No. 15-15066 (“Second Appeal”)). The court agreed with the district court that the location of responsive documents and electronically stored information - to the extent a physical location can be discerned in this digital age - does not establish a per se bar to discovery under section 1782; having rejected the Extraterritoriality Argument, the court agreed with the district court that significant “circumstantial evidence” established that Trident Atlanta had “control” over responsive documents in the physical possession or custody of Trident Bahamas; and therefore the court affirmed as to the First Appeal. The court rejected Trident Atlanta's frivolous jurisdictional argument; the Contempt Order is supported by the evidence; and therefore the court affirmed the Second Appeal.