In Re: Vantage Mezzanine Fund II Partnership, acting through Vantage Mezzanine Fund II (Pty) Ltd, No. 1:2023mc00153 - Document 5 (S.D.N.Y. 2023)

Court Description: ORDER GRANTING THE EX PARTE APPLICATION OF VANTAGE MEZZANINE FUND II PARTNERSHIP FOR AN ORDER TO TAKE DISCOVERY PURSUANT TO 28 U.S.C. §1782: IT IS HEREBY ORDERED THAT: a) Vantage's Application is granted; (b) Respondents The Clearing House Payments Company L.L.C.; Barclays Bank PLC; Citibank N.A., Deutsche Bank Trust Company Americas, HSBC Bank USA, N.A., JPMorgan Chase Bank, N.A., The Bank of New York Mellon, The Notthem Trust Company, f/k/a The Northern Trust International Banking C orporation, UBS AG and Wells Fargo Bank N.A. shall make available to Vantage all documents responsive to the categories of documents described in Appendix "I" of this Order within twenty (20) days of service of this Order on each respectiv e Respondent or at such other time as may be agreed; (c) Luke F. Zadkovich, Edward Floyd, Eva-Maria Mayer, and Filipp A. Yagin, and any other attorneys affiliated with the law firm Zeiler Floyd Zadkovich (US) LLP and admitted to practice before this Court are appointed as examiners to: (i) obtain the requested documents and information pursuant to Appendix "I" to this Order; and (ii) to issues subpoenas to Respondents to obtain documents, with Appendix" I" to this Order attached to such subpoenas as the enumeration of document categories; AND (d) Vantage is ordered to serve a copy of this Order on Respondents. (Signed by Judge Paul A. Engelmayer on 5/17/2023) (rro)

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In Re: Vantage Mezzanine Fund II Partnership, acting through Vantage Mezzanine Fund II (Pty) Ltd Doc. 5 Case 1:23-mc-00153-PAE Document 5 4 Filed 05/18/23 05/17/23 Page 1 of 6 5 Dockets.Justia.com Case 1:23-mc-00153-PAE Document 5 4 Filed 05/18/23 05/17/23 Page 2 of 6 5 Case Case1:23-mc-00153-PAE 1:23-mc-00153-PAE Document Document1-33 5 Filed Filed05/18/23 05/05/23 Page Page3 3ofof6 6 APPENDIX 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IN THE MATTER OF THE APPLICATION OF VANTAGE MEZZANINE FUND II PARTNERSHIP acting through VANTAGE MEZZANINE FUND II (PTY) LTD FOR AN ORDER TO TAKE DISCOVERY PURSUANT TO 28 U.S.C. §1782 No. 23-MC-____ PRODUCTION OF DOCUMENTS The Clearing House Payments Company L.L.C. (“Clearing House”, “CHIPS”), Barclays Bank PLC; Citibank N.A., Deutsche Bank Trust Company Americas, HSBC Bank USA, N.A., JPMorgan Chase Bank, N.A., The Bank of New York Mellon, The Northern Trust Company, f/k/a The Northern Trust International Banking Corporation, UBS AG and Wells Fargo Bank N.A. (“Respondents”) shall produce copies of the documents described herein no later than twenty (20) days from service upon them of the foregoing Order, at the offices of Zeiler Floyd Zadkovich (US) LLP, 33 E 33rd Street, Suite 905, New York, NY 10016. DEFINITIONS AND INSTRUCTIONS A. Each of the Uniform Definitions in Discovery Requests which are set forth in Local Civil Rule 26.3 for the United States District Court for the Southern District of New York, is and shall be deemed to be, fully incorporated herein. B. “Kodwo & Sons Limited” means Kodwo & Sons Limited, a Maltese entity with company number C 79243. Case 1:23-mc-00153-PAE Document 5 4 Filed 05/18/23 05/17/23 Page 4 3 of 6 5 Case 1:23-mc-00153-PAE Document 5 4 Filed 05/18/23 05/17/23 Page 5 4 of 6 5 Case 1:23-mc-00153-PAE Document 5 4 Filed 05/18/23 05/17/23 Page 6 5 of 6 5

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