In In re Green Development Corp. (D. Md. 2016), the district judge affirmed the magistrate judge’s order, which we saw yesterday, denying Green Development Corp.’s § 1782 application.
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The case of the day is In re Green Development Corp. (D. Md. 2015). Green Development, a Honduran corporation, was engaged in litigation in the Honduran courts “arising out of its financial and real estate dealings in Honduras.” It had succeeded in the litigation and had a judgment in its favor, which was on appeal before the Honduran Supreme Court. Green claimed that an “unspecified, adverse party” had “engaged in improper, ex parte communications with the Honduran Supreme Court.” In particular, the adverse party had given the Honduran court a copy of an article by Michael McNicholas that contained (according to Green) “outlandish, defamatory claims accusing Green Development’s CEO (Mohammad Yusuf Amdani) and two companies of laundering money in furtherance of international terrorism, smuggling drugs, and even aiding al-Qaeda.” Green brought a § 1782 application seeking production of documents and a deposition of McNicholas in order “to test the factual sufficiency of statements found in the Article” and “to discover information regarding McNicholas’ improper motive.” The purpose, Green claimed, was to submit the discovery to the Honduran Supreme Court in order to “mitigate the adverse effect” of the improper ex parte communication with that court.
Continue reading Case of the Day: In re Green Development
The case of the day is DRC, Inc. v. Republic of Honduras (D.D.C. 2014). I last covered the case back in March 2011. DRC had a contract with Fondo Hondureño de Inversión Social (“FHIS”) for construction of water and wastewater projects in the aftermath of Hurricane Mitch. FHIS was a “sub-entity” of the Republic of Honduras. DRC’s claim was that FHIS had failed to pay money due under the contract. An arbitral tribunal sitting in Honduras awarded DRC more than $51 million.
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