5:21-CV-00320
12/27/2021
Disposed - Other Disposed
Other
Danny C. Reeves
Corning Incorporated
Saint-Gobain Corporation
Donald J. Kelly
Attorney at Wyatt, Tarrant & Combs, LLP - Louisville
400 W. Market Street, Suite 2000
Louisville, KY 40202-2898
Thomas Edwin Joseph Travis
Attorney at Wyatt, Tarrant & Combs LLP - Lexington
250 W. Main Street, Suite 1600
Lexington, KY 40507
Marshall R. Hixson
Attorney at Stites & Harbison PLLC - Lexington
250 W. Main Street, 2300 Lexington Financial Center
Lexington, KY 40507
Joshua F. Barnette
Attorney at Stites & Harbison PLLC - Lexington
250 W. Main Street, 2300 Lexington Financial Center
Lexington, KY 40507
(#11) ORDER: 1. Petitioner Saint-Gobain's 1782 application #1 is GRANTED; 2. Saint-Gobain is authorized pursuant to 28 U.S.C. 1782 to obtain discovery from Respondent Corning as specified in Record Numbers 1-2 and 1-3; 3. Respondent Corning is direct to comply with such subpoena in accordance with & subject to: (1) its rights under FRCP & the Rule of this Court; and (2) the redaction of financial & other information not relevant to the issues raised by the 1782 application; 4. Saint-Gobain is authorized to deliver copies of this Order and the subpoena issued pursuant to this Order with any submission of documents or information obtained hereby in the arbitration currently pending in the China International Economic and Trade Arbitration Commission between Saint-Gobain Advanced Ceramics (Shanghai) Co. Ltd., and Hebei Guangxing Semiconductor Technology Co., Ltd; 5. Corning shall label any documents produced pursuant to this Order & subpoena with the designation CONFIDENTIAL. Saint-Gobain shall take reasonable precautions to protect the confidentiality of any documents so produced by Corning; 6. Petitioner's #2 MOTION for leave to file documents under seal is GRANTED; 7. Record Number #3 shall remain SEALED; 8. Petitioner's #6 MOTION to Expedite is DENIED, as moot. Signed by Judge Danny C. Reeves on 12/27/2021.(KM)cc: COR (Entered: 12/28/2021)
(#10) FRCP 7.1 DISCLOSURE STATEMENT by Corning Incorporated. (Kelly, Donald) (Entered: 12/27/2021)
(#9) RESPONSE to #1 MOTION for Order to take Discovery for use in Foreign Proceedings filed by Corning Incorporated. (Kelly, Donald) Modified text on 12/28/2021 (KJR). (Entered: 12/27/2021)
(#7) FRCP 7.1 DISCLOSURE STATEMENT by Saint-Gobain Corporation identifying Corporate Parent Compagnie de Saint-Gobain S.A for Saint-Gobain Corporation. (MDC) (Entered: 12/27/2021)
Proposed Order
Main Document
(#5) NOTICE OF SERVICE by Saint-Gobain Corporation (MDC) (Entered: 12/27/2021)
(#4) NOTICE OF APPEARANCE by Saint-Gobain Corporation. (Barnette, Joshua) (Entered: 12/27/2021)
Proposed Order
Main Document
Proposed Order
Receipt
Exhibit 1- Subpoena
Attachment to Rule 45
Civil Cover Sheet
Docket(#11) ORDER: 1. Petitioner Saint-Gobain's 1782 application #1 is GRANTED; 2. Saint-Gobain is authorized pursuant to 28 U.S.C. 1782 to obtain discovery from Respondent Corning as specified in Record Numbers 1-2 and 1-3; 3. Respondent Corning is direct to comply with such subpoena in accordance with & subject to: (1) its rights under FRCP & the Rule of this Court; and (2) the redaction of financial & other information not relevant to the issues raised by the 1782 application; 4. Saint-Gobain is authorized to deliver copies of this Order and the subpoena issued pursuant to this Order with any submission of documents or information obtained hereby in the arbitration currently pending in the China International Economic and Trade Arbitration Commission between Saint-Gobain Advanced Ceramics (Shanghai) Co. Ltd., and Hebei Guangxing Semiconductor Technology Co., Ltd; 5. Corning shall label any documents produced pursuant to this Order & subpoena with the designation CONFIDENTIAL. Saint-Gobain shall take reasonable precautions to protect the confidentiality of any documents so produced by Corning; 6. Petitioner's #2 MOTION for leave to file documents under seal is GRANTED; 7. Record Number #3 shall remain SEALED; 8. Petitioner's #6 MOTION to Expedite is DENIED, as moot. Signed by Judge Danny C. Reeves on 12/27/2021.(KM)cc: COR (Entered: 12/28/2021)
Docket(#10) FRCP 7.1 DISCLOSURE STATEMENT by Corning Incorporated. (Kelly, Donald) (Entered: 12/27/2021)
Docket(#9) RESPONSE to #1 MOTION for Order to take Discovery for use in Foreign Proceedings filed by Corning Incorporated. (Kelly, Donald) Modified text on 12/28/2021 (KJR). (Entered: 12/27/2021)
Docket***MOTION SUBMITTED TO CHAMBERS of Danny C. Reeves for review: re #1 (APPLICATION) MOTION for Order, #2 MOTION for leave to Seal a Document & #6 MOTION to Expedite by Saint-Gobain Corporation (MDC) (Entered: 12/27/2021)
DocketConflict Check run. (MDC) (Entered: 12/27/2021)
Docket(#7) FRCP 7.1 DISCLOSURE STATEMENT by Saint-Gobain Corporation identifying Corporate Parent Compagnie de Saint-Gobain S.A for Saint-Gobain Corporation. (MDC) (Entered: 12/27/2021)
Docket(#6) MOTION to Expedite Treatment of Petitioner's Application to take Discovery by Saint-Gobain Corporation. (Attachments: #1 Proposed Order) (MDC) (Entered: 12/27/2021)
Docket(#5) NOTICE OF SERVICE by Saint-Gobain Corporation (MDC) (Entered: 12/27/2021)
Docket(#4) NOTICE OF APPEARANCE by Saint-Gobain Corporation. (Barnette, Joshua) (Entered: 12/27/2021)
Docket(#3) SEALED MEMORANDUM IN SUPPORT OF APPLICATION TO TAKE DISCOVERY Sealed pursuant to #2 MOTION for leave to Seal a Document by Saint-Gobain Corporation. (Attachments: #1 Exhibit A, #2 Affidavit A, #3 Affidavit B, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3) (MDC) (Entered: 12/27/2021)
Docket(#2) MOTION to file Documents in support of Application to take Discovery under seal by Saint-Gobain Corporation (Attachments: #1 Proposed Order) (MDC) (Entered: 12/27/2021)
Docket(#1) (APPLICATION) MOTION for Order to take Discovery for use in Foreign Proceedings by Saint- Gobain Corporation. (Attachments: #1 Civil Cover Sheet, #2 Attachment to Rule 45, #3 Exhibit 1- Subpoena, #4 Receipt, #5 Proposed Order) (MDC) (Entered: 12/27/2021)
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