Sauser v. Morgan Stanley & Co. LLC et al, No. 1:2018mc00242 - Document 9 (S.D.N.Y. 2018)

Court Description: MEMORANDUM AND OPINION re: 1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION for Discovery / PETITION FOR AN ORDER PURSUANT TO 28 USC 1782 TO CONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS. (Filing Fee $ 47.00, Receipt Number 02 08-15161924) filed by Carole Ferstenberg Sauser. On June 6, 2018, Applicant Carole Ferstenberg Sauser filed an Application Pursuant to 28 U.S.C. § 1782 for an Order Compelling Discovery for Use in a Foreign Proceeding. (Docket No. 1). The Appl icant seeks discovery from two banks in this judicial district that are relevant to issues in [her] divorce action pending in Switzerland including child support, spousal maintenance and marital assets. (Docket No. 2, at 2-3). Substantially for the reasons stated in Applicants memorandum of law, the Application is GRANTED. The only opposition to the Application if it can properly be called that comes from third-party Ronald Sauser (who is the other party to the divorce action in Switzerla nd), who primarily argues that he has already disclosed the existence of these investments to the Applicant. (Docket No. 8). Ronald Sauser, however, does not establish that the request for discovery is unduly intrusive or burdensome enough to war rant denial. The Court also notes that the targets of the subpoenas themselves various financial institutions have not opposed the Application. For those reasons, and, considering the factors set forth in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 264-65 (2004), the Court concludes that the discovery sought is warranted here. The Clerk of Court is directed to terminate Docket No. 1 and to close this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/2/2018) (ne)