IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

ZAUSNER FOODS CORP., a Delaware 

corporation, 

Plaintiff, 

v. 

CLAUDE BLANDIN, BRUNO BLANDIN, 

PATRICK BLANDIN, and ARNO LEONI, 

individuals, and JOHN DOE DEFENDANTS 1-

10, 

Defendants. 

______________________________________/

Case No. 22-22660-Civ-KMM 

JOINT MOTION TO WAIVE HAGUE CONVENTION REQUIREMENTS 

Plaintiff Zausner Foods Corp. (“Plaintiff”) and Defendants Claude Blandin, Bruno 

Blandin, Patrick Blandin, and Arno Leoni (“Defendants,” together with Plaintiff the “Parties”) 

hereby respectfully and jointly move this Court to waive Hague Convention requirements. 

1. Intent. The intent of this motion is to streamline the gathering and admission of 

evidence in this action, including, without limitation, with respect to the gathering and admission 

of evidence located, or arising from, outside of the United States. The parties intend that, unless 

expressly prohibited by applicable law, all discovery in this action shall be conducted pursuant to 

the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and related case law, without 

giving effect to the provisions of the Convention of 18 March 1970 on the Taking of Evidence 

Abroad in Civil or Commercial Matters (the “Hague Convention”). 

2. Hague Convention Not Applicable. The Parties agree to take depositions in France 

and Guadeloupe outside of the requirements and procedures of the Hague Convention, which the 

Parties explicitly agree shall not apply to this action, and all discovery matters, including but not 

Case 1:22-cv-22660-KMM Document 49 Entered on FLSD Docket 03/15/2023 Page 1 of 5
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limited to depositions, in this action shall be governed entirely by the Federal Rules of Civil 

Procedure, the Federal Rules of Evidence, and related case law. 

3. Specific Depositions. In the effort to facilitate the progress of discovery in this 

action, the Parties have agreed that the depositions of Alex Bongrain and Pierre Ragnet (“Plaintiff 

Witnesses”) will be taken at the Paris office of Morgan Lewis & Bockius, LLP, and the depositions 

of Bruno Blandin, Claude Blandin, Patrick Blandin, and Arno Leoni will be taken in the French 

territory of Guadeloupe or Paris, outside of the restrictions of the Hague Convention. It is 

specifically agreed that absent the agreement that Alex Bongrain and Pierre Ragnet will voluntarily 

appear for deposition in Paris, they would be subject to having their depositions taken in Delaware, 

or some other mutually agreeable locale. It is also specifically agreed that absent the agreement 

that Defendants Claude Blandin and Arno Leoni will voluntarily appear for deposition in Paris and 

that Bruno Blandin and Patrick Blandin will voluntarily appear in Guadeloupe or by Zoom, they 

would be subject to having their depositions taken in Florida, or some other mutually agreeable 

locale. The Parties have specifically agreed upon the appearance of Plaintiff Witnesses and 

Defendants at the times and places set forth in the Notice of Taking Depositions attached as Exhibit 

“A.” In the event that any or all of Plaintiff Witnesses and Defendants fail to appear for deposition 

in accordance with the Notice of Taking Deposition, the parties agree to the entry of an order by 

the U.S. District Court for the Southern District of Florida compelling appearance for deposition 

in Florida. 

4. Waiver of Certain Objections. The parties shall not contest or object to the 

gathering or admission of evidence in this action on the basis that such gathering or admission of 

evidence was not done in conformance with the Hague Convention. The parties hereby knowingly 

and irrevocably waive any such objection. Notwithstanding the foregoing two sentences, the 

Case 1:22-cv-22660-KMM Document 49 Entered on FLSD Docket 03/15/2023 Page 2 of 5
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parties agree that all objections to the gathering or admission of evidence available to them under 

the Federal Rules of Civil Procedure, the Federal Rules of Evidence, related case law, and any 

other applicable United States or foreign laws, are hereby expressly preserved. 

5. Dispute Resolution; No Inconsistent Positions. As to the depositions of Plaintiff 

Witnesses and Defendants, the Parties irrevocably submit to the exclusive jurisdiction of the U.S. 

District Court for the Southern District of Florida for the resolution of any discovery disputes in 

connection with this action, including any disputes arising in connection with gathering and 

admission of evidence located, or arising from, outside of the United States. To the extent that, by 

law, a foreign court has to adjudicate any such dispute, the parties agree not to take any position 

in such foreign court that would contradict the letter and spirit of this motion. 

Dated: March 15, 2023 

By: /s/ David W. Marston Jr. 

David W. Marston Jr. 

Florida Bar No. 111636 

david.marston@morganlewis.com 

MORGAN, LEWIS & BOCKIUS LLP 

600 Brickell Avenue, Suite 1600 

Miami, FL 33131 

Telephone: 305.415.3303 

eFacsimile: 877.432.9652 

Troy S. Brown (admitted pro hac vice) 

troy.brown@morganlewis.com 

Margot G. Bloom (admitted pro hac vice) 

margot.bloom@morganlewis.com 

Su Jin Kim (admitted pro hac vice) 

su.kim@morganlewis.com 

Brian Morris (admitted pro hac vice) 

brian.morris@morganlewis.com 

MORGAN, LEWIS & BOCKIUS LLP 

1700 Market Street 

Philadelphia, PA 19103-2921 

Telephone: 215.963.5214 

eFacsimile: 215.963.5001 

By: /s/ John E. Kirkpatrick

John E. Kirkpatrick, Esq.

Florida Bar No. 386782

Kirkpatrick@mm-pa.com 

Joel S. Magolnick, Esq. 

Florida Bar No. 776068

magolnick@mm-pa.com 

MARKO & MAGOLNICK, P.A. 

3001 S.W. 3rd Avenue

Miami, Florida 33129

Telephone: (305) 285-2000

Facsimile: (305) 285-5555

Attorneys for Defendants 

Case 1:22-cv-22660-KMM Document 49 Entered on FLSD Docket 03/15/2023 Page 3 of 5
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Michael J. Ableson (admitted pro hac vice) 

michael.ableson@morganlewis.com 

MORGAN, LEWIS & BOCKIUS LLP 

101 Park Avenue 

New York, NY 10178-0060 

Telephone: 212.309.6000 

eFacsimile: 212.309.6001 

Attorneys for Plaintiff Zausner Foods Corp. 

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on March 15, 2023, I electronically filed the foregoing with the 

Clerk of the Court by using the CM/ECF system. I also certify that the foregoing document is 

being served this day on all counsel of record or pro se parties identified on the Service List in the 

manner specified, either via transmission or Notice of Electronic Filing generated by CM/ECF or 

in some other authorized manner for those counsel or pro se parties who are not authorized to 

receive electronically Notices of Electronic Filing. 

/s/ David W. Marston, Jr.

David W. Marston, Jr. 

SERVICE LIST 

Joel S. Magolnick, Esq. 

Marko & Magolnick, P.A. 

3001 S.W. 3rd Avenue 

Miami, FL 33129 

Telephone: 305.285.2000 

Facsimile: 305.285.5555 

John E. Kirkpatrick 

John E. Kirkpatrick & Associates 

1242 SW 18th Street 

Miami, FL 33145-1632 

Telephone: 305.285.4393 

kirkpatrick@mm-pa.com

Attorneys for Defendants

Via CM/ECF

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