City of Almaty, Kazahkstan, et al. v. Mukhtar Ablyazov, et al., No. 1:2015cv05345 - Document 1424 (S.D.N.Y. 2021)

Court Description: MEMORANDUM OPINION & ORDER re: 1243 LETTER MOTION for Oral Argument on 1231 Objection to 1221 Order grant­i­ng sanc­tions addressed to Judge Alison J. Nathan from Matthew L. Schwartz dat­ed 4/17/20. filed by City of Almaty, BTA Ba nk JSC. For the fore­go­ing rea­sons, the Court over­rules the Kazakh Entities’ objec­tions (Dkt. No. 1231) to Judge Parker’s March 12, 2020 Opinion. The Kazakh Entities’ motion for oral argu­ment (Dkt. No. 1243) is DENIED as moot. This resolves Docket Numbers 1231 and 1243. (As fur­ther set forth in this Order.) (Signed by Judge Alison J. Nathan on 3/29/2021) (cf)

Finally, the Court con­cludes that Judge Parker did not clear­ly err in the sanc­tions she imposed. The par­ties had exten­sive­ly lit­i­gat­ed whether the Kazakh Entities would be allowed to make use of wit­ness­es they did not time­ly dis­close. Judge Parker care­ful­ly bal­anced the inter­ests of the par­ties by allow­ing the Kazakh Entities to amend their Rule 26 dis­clo­sures but lim­it­ing their depo­si­tion ques­tion­ing to issues relat­ed to the rea­son she allowed the late dis­clo­sures— name­ly, authen­ti­cat­ing and lay­ing foun­da­tion for admis­sion of the spreadsheets.

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