Matter of Application of ALB-GOLD Teigwaren GmbH

MEMORANDUM AND ORDER   ALB-GOLD Teigwaren GmbH (“ALB-GOLD”) submitted an application under 28 U.S.C. §1782, requesting the Court’s assistance in obtaining discovery from Interpage Co., Inc. (“Interpage”), Gregory Vernikov (the owner of Interpage), Alex’s Meat Distributors Corp. (“Alex’s Meat”), Vladimir Oterin (the owner of Alex’s Meat), and Inna Vernikov (Mr. Vernikov’s daughter). Mot. Compel Disc., ECF No. 1. On August 30, 2019, this Court issued a Memorandum and Order granting the motion with respect to Alex’s Meat, Mr. Oterin, and Ms. Vernikov. Mem. & Order, ECF No. 19. This Court deferred ruling with respect to Interpage and Mr. Vernikov to allow a brief period of jurisdictional discovery to determine whether the statutory requirements under §1782 had been met. Following that period, ALB-GOLD filed a renewed motion for discovery, see ECF No. 23, and Interpage filed a response in opposition, see ECF No. 37. After carefully reviewing the record and the parties’ briefing, this Court GRANTS ALB-GOLD’s Motion for Discovery for Use in a Foreign Proceeding. A. Factual Background ALB-GOLD is a German pasta manufacturer that is presently seeking discovery to use in an application to revise a foreign arbitration award. ALB-GOLD’s discovery application in this Court arises from the Swiss arbitration of a contract dispute between ALB-GOLD and Interpage. The two companies allegedly entered into a five-year Exclusive Importation and Sales Agreement (the “Distribution Agreement”) on January 2, 2013. See Declaration of Karl Geercken, Esq. (“Geercken Decl.”), Ex. 2 (the “Arbitration Award”)

30-37, ECF No. 3-2 at 1-93. The Distribution Agreement provided that ALB-GOLD’s pasta would be sold in the United States exclusively under Interpage’s private label “Delicious Wonders.” Arbitration Award 31. The Distribution Agreement set annual targets for the sale of ALB-GOLD’s pasta by Interpage. Id. 35. In the first year, the target was 144 net tons of pasta. Id. In each subsequent year, the annual targets would increase. Id. Over the five-year period covered by the Distribution Agreement, Interpage would have sales targets in the total amount of 960 net tons of pasta. Id. Near the end of the first year of the Agreement, it became clear that Interpage would not meet its sales goal for the year. Id.