British International Insurance v. Seguros La Republica, S.A.

200 F.R.D. 586, 2000 U.S. Dist. LEXIS 21378, 2000 WL 33348236
CourtDistrict Court, W.D. Texas
DecidedJuly 28, 2000
DocketCiv.A. No. SA-00-CA-353OG
StatusPublished
Cited by9 cases

This text of 200 F.R.D. 586 (British International Insurance v. Seguros La Republica, S.A.) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
British International Insurance v. Seguros La Republica, S.A., 200 F.R.D. 586, 2000 U.S. Dist. LEXIS 21378, 2000 WL 33348236 (W.D. Tex. 2000).

Opinion

ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION

GARCIA, District Judge.

On this date came on to be considered the Memorandum and Recommendation of the United States Magistrate Judge, filed in the above-styled and numbered cause on June 23, 2000.

According to the records of the Court, the parties were served with a copy of the Memorandum and Recommendation on or about June 30, 2000. Any party who desires to object to a Magistrate Judge’s findings and recommendations must serve and file its written objections within ten days after being served with a copy of the findings and recommendation. 28 U.S.C. § 635(b)(1). No objections to the Memorandum and Recommendation have been filed.

Because no party has objected to the Magistrate Judge’s Memorandum and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.”). The Court has reviewed the Memorandum and Recommendation and finds it to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243, 106 L.Ed.2d 590 (1989). Accordingly,

IT IS ORDERED THAT the Memorandum and Recommendation of the United States Magistrate Judge filed in this cause on June 23, 2000, be and is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1), and Plaintiff British International Insurance Company’s motion to compel (Dkt. No. 1) Laredo National Bank, San Antonio, Texas, to produce the documents requested in Request Nos. 3 and 6 of the subpoena duces tecum served on January 11, 2000, is GRANTED, and Laredo National Bank’s motion to quash and for protective order (Dkt. No. 4) is DENIED WITHOUT PREJUDICE to Laredo National Bank filing a further motion for protection requesting payment of the costs of complying with Request Nos. 3 and 6, or seeking redaction.

IT IS FURTHER ORDERED THAT during the fourteen (14)-day period following the issuance of the Order, the parties and Laredo National Bank are ORDERED to confer in furtherance of an agreement for payment by Plaintiff of the estimated reasonable costs of production by Laredo National Bank in advance of Laredo National Bank incurring the costs. Laredo National Bank shall fully comply with Request Nos. 3 and 6 on or before September 8, 2000, subject to a request for extension of time based on good cause. As noted in the Memorandum and Recommendation, pursuant to this Court’s reference of the case for full pre-trial management, the Magistrate Judge retains this case for purposes of all pretrial matters.

REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

MATHY, United States Magistrate Judge.

Pursuant to the order of referral in the above-styled and numbered cause of action to the undersigned United States Magistrate Judge and consistent with the authority vested in United States Magistrate Judges under the provisions of 28 U.S.C. § 636(b)(1)(B) and rule 1(d) of the Local Rules for the Assignment of Duties to United States Magistrates, effective January 1, 1994, in the Western District of Texas, the following report is submitted for your review and consideration.

I. JURISDICTION

Plaintiff has filed this lawsuit to compel the production of certain information requested in a subpoena served on the Laredo National Bank, San Antonio, Texas. Subject matter jurisdiction and venue are unchallenged.

[588]*588II. ROCEDURAL HISTORY

On April 6, 1990, plaintiff British International Insurance Company, Ltd. successor in interest to American Centennial Insurance Company (“ACIC”) filed a complaint in the United States District Court for the Southern District of New York which sought payments for amounts allegedly due and owing under 26 reinsurance polices (docket no. 1, exhibit A). On May 12, 1999, United States District Court Judge John F. Keenan entered an Order which adopted an October 30, 1998 report of United States Magistrate Judge Bernikov which recommended the entry of default judgment against defendant Aseguador Interacciones, S.A. Seguros La República, S.A. (“Interacciones”) and in favor of plaintiff ACIC in the amount of $11,251,696.35 plus interest to the date of the judgment. On May 18, 1999 the Clerk entered a default judgment in the amount of $11,801,024.98 in favor of ACIC and against Interacciones (docket no. 1, exhibit E).

On or about January 11, 2000, ACIC served a subpoena duces tecum on Laredo National Bank in San Antonio, Texas (“LNB”) (docket no. 1, exhibit F). The subpoena sought the production of all documents relating to any accounts held by Interac-ciones at LNB since 1996 and the production of all documents showing transfers between Interacciones and 12 named corporate entities.1 On February 11, 2000, LNB responded to ACIC’s requests 1, 2, 4 and 5 by stating that “LNB does not have any responsive documents. Interacciones, as that term is defined in the subpoena, is not a depositor or customer of LNB” (docket no. 1, exhibit M).2 LNB objected to requests 3 and 6 on the ground that compliance would require LNB to disclose information about customers who are not parties to the underlying proceedings. Because ACIC “failed to comply with the applicable law governing discovery under these circumstances, LNB is not permitted to respond to requests numbered 3 and 6 of the subpoena” (docket no. 1, exhibit M).

On March 22, 2000, ACIC initiated this action to compel the answers to the subpoena by filing a motion to compel and memorandum in support (docket nos. 1 and 2). LNB filed a response and motion to quash and for protective order on March 31, 2000 (docket no. 4). ACIC filed a memorandum in the way of reply on April 14, 2000 (docket no. 5) and a motion for oral argument (docket no. 6). On June 15, 2000, this case was referred to the undersigned for the disposition of all pretrial matters.

III. ISSUE

Should Laredo National Bank be compelled to provide information requested in a post-judgment subpoena?

IV. ARGUMENTS AND CONCLUSIONS OF LAW

Federal Rule of Civil Procedure 69(a)

The Federal Rules of Civil Procedure authorize discovery to allow a judgment creditor to identify assets from which a judgment may be satisfied. Fed.R.Civ.P. 69(a) provides, in pertinent part:

[589]

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200 F.R.D. 586, 2000 U.S. Dist. LEXIS 21378, 2000 WL 33348236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/british-international-insurance-v-seguros-la-republica-sa-txwd-2000.