In re del Valle Ruiz, No. 18-3226 (2d Cir. 2019)Annotate this Case
Petitioners filed two applications in the Southern District of New York under 28 U.S.C. 1782 seeking discovery from Santander and its New York‐based affiliate, SIS, concerning the financial status of BPE. Santander had acquired BPE after a government-forced sale.
The Second Circuit held that the language in section 1782 that requires that a person or entity "resides or is found" within the district in which discovery is sought, extends section 1782's reach to the limits of personal jurisdiction consistent with due process. Nonetheless, the court held that Santander's contacts with the Southern District of New York were insufficient to subject it to the district court's personal jurisdiction. The court also held that there was no per se bar to the extraterritorial application of section 1782, and the district court may exercise its discretion as to whether to allow such discovery. Therefore, the court held that the district court acted within its discretion in this case by allowing discovery from SIS. Accordingly, the court affirmed the district court's orders.