Banca Pueyo SA v. Lone Star Fund IX (US), No. 20-10049 (5th Cir. 2020)Annotate this Case
Under 28 U.S.C. 1782, a person may seek the assistance of a federal district court to obtain evidence for use in a foreign proceeding. Banca Pueyo and others invoked section 1782 to obtain discovery from three Texas-based entities for use in Portuguese proceedings. The district court authorized the requested subpoenas and denied a first motion to quash. Respondents then appealed. However, respondents' second motion to quash the subpoenas remained pending.
The Fifth Circuit granted petitioners' motion to dismiss and dismissed respondents' appeal based on lack of jurisdiction. The court explained that once the district court fully resolves the second motion to quash, the scope of section 1782 discovery should be definitively resolved. When that conclusive determination comes, the court stated that an appeal would be appropriate.