HydroDive Nigeria Ltd. successfully obtains evidence under 28 U.S.C. § 1782 in aid of its pending Nigerian litigation and ongoing administrative proceedings
Client(s) HydroDive Nigeria Ltd.
Jones Day client HydroDive Nigeria Ltd. is involved in contentious litigation in the Nigerian High Court over an alleged incident of business defamation. A parallel investigation against some of HydroDive's competitors by the Nigerian Content Development and Monitoring Board has followed.
In its role as counsel for HydroDive, Jones Day initiated an action in U.S. District Court for the Southern District of Texas, pursuant to 28 U.S.C. § 1782, for HydroDive to obtain discovery from Cal Dive International, another offshore diving contractor operating in Nigeria and non-party to the lawsuit pending in Nigeria.
Cal Dive resisted HydroDive’s application. After argument and successive rounds of briefing, the Court rejected Cal Dive’s arguments and compelled it to turn over all relevant documents in its possession, located here and abroad, and offer one of its officers to be deposed in the United States. In the span of three days leading up to the subpoena compliance deadline, both the district court and the U.S. Court of Appeals for the Fifth Circuit refused to stay the production order pending appeal. Cal Dive ultimately dismissed its appeal; both the litigation and investigation in Nigeria remain pending.
