UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No.: 

IN RE APPLICATION OF 

NOVOSHIP (UK) LIMITED, 

 

 Applicant, 

Pursuant to 28 U.S.C. § 1782 for Judicial 

Assistance in Obtaining Evidence for Use in 

Foreign and International Proceedings. 

–––––––––––––––––––––––––––––––––––––––––/ 

[PROPOSED] ORDER GRANTING EX PARTE PETITION FOR JUDICIAL 

ASSISTANCE IN AID OF A FOREIGN PROCEEDING PURSUANT TO 28 U.S.C. § 1782 

THIS CAUSE came before the Court upon the Ex Parte Petition for Judicial Assistance in 

Aid of a Foreign Proceeding Pursuant to 28 U.S.C. § 1782 (the “Petition”) of Novoship (UK) 

Limited (“Novoship”). The Court has considered the Petition, the Declaration of Stephen 

Kirkpatrick in support of the Petition, and other supporting materials. The Court finds as follows: 

A. Novoship has met the requirements set forth by 28 U.S.C. § 1782 to obtain the 

requested judicial assistance sought in the Petition, and the discretionary factors identified by the 

United States Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (1994), 

weigh in favor of granting the Petition. 

B. Novoship seeks documentary and testimonial evidence from seven discovery 

targets that reside or are found in this District for use in its defense of an on-going foreign 

proceeding taking place before the English High Court. 

C. The discovery targets are Harry Sargeant Jr., Harry Sargeant III, Daniel Sargeant, 

James Sargeant, Sargeant Marine Inc., International Oil Trading Company LLC, and Berger 

Singerman LLP (the “Discovery Targets”). 

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D. As a defendant in the foreign proceeding, Novoship is an interested person within 

the meaning of 28 U.S.C. § 1782. 

E. Novoship intends to use the discovery obtained by way of this Petition to support 

its defense in the foreign proceeding. 

F. The Discovery Targets are not expected to be parties or participants in the foreign 

proceeding and are outside the jurisdiction of the English High Court. Furthermore, there is no 

indication that the English High Court would not be receptive to the assistance by this Court to 

obtain the requested discovery, nor does the Petition present any circumvention of the English 

High Court’s proof-gathering restrictions. Finally, the discovery sought is not unduly intrusive or 

burdensome. 

Accordingly, it is hereby ORDERED and ADJUDGED as follows: 

1. The Petition is GRANTED. 

2. Any discovery taken pursuant to this Order, and any related motion practice, shall 

be governed by the Federal Rules of Civil Procedure. 

3. Novoship is hereby authorized to issue and serve subpoenas on the Discovery 

Targets that are in substantially similar form to the form to those attached to the Petition. Novoship 

is further authorized to serve additional follow-up subpoenas on the Discovery Targets or any 

person, corporate entity, or financial institution found or residing in this District as may be 

necessary to obtain the testimonial or documentary evidence described in the Petition. 

4. The Discovery Targets are ordered to preserve all relevant and potentially relevant 

evidence in their possession, custody or control until further order of this Court. 

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5. Nothing in this Order shall be construed to prevent Novoship from seeking 

modification of this Order. 

IT IS SO ORDERED, this ___ day of ______, 2020 

_________________________________________ 

UNITED STATES DISTRICT COURT JUDGE 

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