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t of the Princes’ ac- tions. [22-24] Pursuant to the Second Cir- cuit’s instruction, the Court must first de- termine whe
ereign immunity and protecting a sovereign’s or sovereign’s agency’s legitimate claim to immunity from discovery.” First City, Texas—Houston, N.A. v. Rafidain Bank, 150 F.3d 172, 176 (2d Cir.1998) (ordering full discovery against defendant over whom court al- ready had subject matter jurisdiction be- cause such
Page: HOUSE_OVERSIGHT_017848 →very least, discovery should be ordered circumspectly and only to verify allega- tions of specific facts crucial to an immuni- ty determination.”)). The Second Circuit has instructed “that generally a plaintiff may be allowed limited discovery with re- spect to the jurisdictional issue; but until [plaintiff] has sho
Page: HOUSE_OVERSIGHT_017848 →64 & 06 Civ. 13516, 2008 WL 3833238, at *2 (S.D.N.Y. Aug.15, 2008) (internal quotation marks omitted)). See also First City, Texas-Houston, N.A. v. Rafidain Bank, 197 F.R.D. 250, 255 (S.D.N.Y.2000) (finding that attaching a subpoena to the door, and mailing another copy to counsel of record was sufficient).
a subpoena to the door, and mailing another copy to counsel of record was sufficient). Cases not only from this Court, but also from others in the Second Circuit, have interpreted that rule "liberally" to allow service so long as the "the type of 7 EFTA00617957 Case 1:15-cv-07433-RWS Document 160 Filed 05/
bia’s relationship to NCB. The Supreme Court and Second Circuit agree that there are certain circumstances in whi
Accordingly, the only dispute regarding SHC’s status is whether it is an organ of the Kingdom. In Filler v. Hanvit Bank, 378 F.3d 213 (2d Cir.2004), the Second Circuit considered various factors to determine whether an entity could be considered an organ of a foreign sovereign. Jd. at 217. The factors include: (1)
Page: HOUSE_OVERSIGHT_017917 →A defense would necessarily subject the Kingdom to discovery, which the Court is hesitant to do unnecessarily. See First City, Texas—Houston, N.A. v. Rafidain Bank, 150 F.3d 172, 176 (2d Cir.1998); see also Arriba Ltd. v. Petroleos Mexicanos, 962 F.2d 528, 534 (Sth Cir.1992) (recommending that “discovery should
Page: HOUSE_OVERSIGHT_017932 →Entities connected to both Rafidain Bank and Second Circuit

United States
LOCATION
Bradley Edwards
PERSON
Michael Cohen
PERSON
Supreme Court
ORGANIZATION
New York
LOCATION
Alfredo Rodriguez
PERSON
United Kingdom
LOCATION
Philadelphia
LOCATION
Bill Clinton
PERSON
Houston
LOCATION
New York City
LOCATIONHaley Robson
PERSON
Atlanta
LOCATIONthe Seventh Circuit
ORGANIZATIONGibson
PERSONthe D.C. Circuit
ORGANIZATIONU.S. District Court
ORGANIZATIONthe City of New York
LOCATION
Baker Botts
PERSON
Kenya
LOCATION