In re Application of Furstenberg Finance SAS v. Litai Assets LLC, No. 16-15664 (11th Cir. 2017)Annotate this Case
An order denying a motion to quash a subpoena is a final, appealable order in proceedings brought under 28 U.S.C. 1782. Applicants, minority shareholders of Acheron, applied to the district court under 28 U.S.C. 1782 for an order requiring Litai to produce certain discovery for use in foreign proceedings. The district court granted the application and issued subpoenas. On appeal, Litai challenged the district court's order denying its motion to quash and granted Applicants' cross-motion to compel. The Eleventh Circuit determined that it had jurisdiction over the appeal and held, on the merits, that the district court did not err by concluding that the discovery sought was for use in a proceeding in a foreign or international tribunal. As part of the process, Applicants have the right to submit information for the investigating judge's consideration.