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Tentative Ruling
Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

CIVIL LAW & MOTION

Eurochem MCC, et al. v. Andrey Rogalsky, et al.

Case No: 1469981
Hearing Date: Tue Mar 13, 2018 9:30

Nature of Proceedings: Motion Reconsideration of Issuance of Letters

Motion of Defendants for Reconsideration of Partial Granting of Motion of EuroChem for Issuance of Letters of Request to Cyprus and to the United Kingdom   

Attorneys:                    

For Plaintiffs EuroChem MMC, JSC, and EuroChem Trading GmbH: Patrick Salisbury, Lawrence J. Salisbury, Salisbury LLP

For Defendants Andrey Rogalsky, Ekaterina Rogalskaya-Zeyen, Svetlana Rogalskaya, and Avroga, LLC: Robert B. Forouzandeh, Reicker, Pfau, Pyle & McRoy LLP

For Non-Parties Nimati International Trading Limited, Dearborn Enterprises Limited, Gianthill Management Limited, and Sevan Properties Management Limited: Alan D. Condren, Peter A. Umoff, Seed Mackall LLP

Ruling:

The motion of defendants for reconsideration of the Court’s ruling of November 14, 2017, regarding issuance of letters of request is GRANTED. The Cypriot court could not have been more clear: EuroChem should never have obtained the Bank of Cyprus documents and it should not now be given access either. Thus, this Court grants the Defendants’ Motion, and it readopts its August 2016 ruling declining to issue the requested letter of request, and rescinds the letter of request to Cyprus which it issued in November 2017. Both parties have waived the right to a hearing; the Court anticipates that there will be no appearance at the hearing.

Analysis

On November 14, 2017, the Court granted in part the motion of plaintiff EuroChem MCC, JSC (EuroChem) for issuance of letters of request to Cyprus and to the United Kingdom. The Court limited the scope of the letters of request and granted the motion to issue such letters as limited.

On February 13, 2018, defendants Andrey Rogalsky, Ekaterina Rogalskaya-Zeyen, Svetlana Rogalskaya and Avroga, LLC, filed this motion for reconsideration of the Court’s partial grant of the November 14, 2017, motion as it pertains to the letter of request to the proper authorities in Cyprus. The basis for the reconsideration motion is that the Court’s analysis of considerations of international comity (American Home Assurance Co. v. Societe Commerciale Toutelectric (2002) 104 Cal.App.4th 406, 429) included the fact that the Cyprus court was considering the merits of EuroChem’s latest application regarding the information and documents also here at issue. The Cyprus court has issued a ruling on that issue adverse to EuroChem. (Charalambides decl., ¶ 4 & exhibit A.) There is a dispute among the parties as to the final effect of this ruling. (See Tsirides decl., ¶¶ 3-6.)

The Court has reviewed the evidence and argument submitted by the parties in connection with the motion. The Cyprus court’s most recent ruling does change this Court’s analysis set forth in the November 14, 2017.  

 
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