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Denham Capital Management LP
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Order | Filed: August 18, 2023 | Entered: August 18, 2023 CFE International LLC v. Denham Capital Management LP
| Massachusetts
Order on Motion to Quash Order On Report and Recommendations
Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered.
The objections of petitioner CFE International LLC to the report and recommendation by the Magistrate Judge dated March 6, 2023, on the motion of respondent Denham Capital Management LP to quash subpoenas issued pursuant to 28 U.S.C. § 1782 are OVERRULED, and the motion to quash the subpoenas (Docket No. 37 ) is GRANTED.
As an initial matter, and even though the ruling is framed as a report and recommendation, the Court concludes that the Magistrate Judge's ruling on a request under § 1782 is non-dispositive, and therefore should be reviewed under the "clearly erroneous or contrary to law" standard set forth in 28 U.S.C. § 636(b)(1)(A) and Fed. R. Civ. P. 72(a). See In re Hulley Enters. Ltd., 400 F. Supp. 3d 62, 71-72 (S.D.N.Y. 2019).
After careful review, the Court concludes that the order is neither clearly erroneous nor contrary to law. The Magistrate Judge correctly concluded, for the reasons set forth in the report and recommendation, that the statutory requirement that the material must be intended for use in a proceeding before a "foreign or international tribunal" has not been satisfied. Furthermore, the Court agrees with the thoughtful analysis performed by the Magistrate Judge as to the application of the factors identified in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 247 (2001), and her ultimate conclusion that the Intel factors weigh in favor of quashing the subpoenas. Finally, and in any event, the Court would adopt the report and recommendation even if the relevant standard were de novo review.
Because the Magistrate Judge treated the matter as a report and recommendation, rather than a dispositive ruling, she only recommended that the motion to quash be granted, rather than actually granting the motion. Although the Court has concluded that the Magistrate Judge had the authority to make a ruling on the motion, and that therefore the proper standard of review is "clearly erroneous or contrary to law," as a technical matter the motion to quash has not yet been ruled upon. Accordingly, the Court is granting the motion to quash, as well as overruling the objections to the report and recommendation.
(de Oliveira, Flaviana)
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Notice | Filed: August 09, 2023 | Entered: August 09, 2023 CFE International LLC v. Denham Capital Management LP
| Massachusetts
Notice of Withdrawal of Appearance
NOTICE of Withdrawal of Appearance by Jennie D. Wilusz For Chloe Lewis (Wilusz, Jennie)
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Notice | Filed: April 19, 2023 | Entered: April 19, 2023 CFE International LLC v. Denham Capital Management LP
| Massachusetts
Notice of Appearance
NOTICE of Appearance by Chloe Lewis on behalf of CFE International LLC (Lewis, Chloe)
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