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On August 29 and 30, 1991, the United States moved to
enforce the HSBC and the SCB summonses in the U.S. District Court
for the Southern District of New York (the New York District
Court). On March 24, 1992, the New York District Court filed a
stipulation and order in which it stated that it would request
judicial assistance from the Supreme Court of Hong Kong to obtain
the discovery sought by the SCB and HSBC summonses, and the
parties agreed to a stay of the summons enforcement proceedings
to permit the United States to seek judicial assistance from the
Supreme Court of Hong Kong. The order stayed the enforcement of
the SCB and HSBC summonses pending resolution of the judicial
assistance request.
The Alabama District Court executed a request for judicial
assistance of the Supreme Court of Hong Kong on July 23, 1993.
The Supreme Court of Hong Kong granted the Alabama District
Court’s request for judicial assistance on March 25, 1994. From
November 1994 to August 1997, the Alabama District Court made
supplemental requests for judicial assistance from the Supreme
Court of Hong Kong seeking documents which had been requested in
the SCB and HSBC summonses but not produced in response to the
granting by the Supreme Court of Hong Kong in March 1994 of the
request for judicial assistance.
On December 8 and 16, 1998, the New York District Court
entered stipulations in which the United States withdrew its
motions to enforce the HSBC and SCB summonses, respectively.
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