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IN RE PORSCHE AUTOMOBIL HOLDING SE

No. 20-1239, No. 20-1241.

985 F.3d 115 (2021)

IN RE: Ex parte Application of PORSCHE AUTOMOBIL HOLDING SE for an Order Pursuant to 28 U.S.C. § 1782 Granting Leave to Obtain Discovery for Use in Foreign Proceedings Porsche Automobil Holding SE, Petitioner, Appellee, v. John Hancock Life Insurance Company (USA); John Hancock Advisers, LLC; John Hancock Investment Management Services, LLC, Respondents, Appellants, FPCAP LLC; Finepoint Capital LP; Finepoint Partners LLC, Respondents. In re: Ex parte Application of Porsche Automobil Holding SE for an Order Pursuant to 28 U.S.C. § 1782 Granting Leave to Obtain Discovery for Use in Foreign Proceedings Porsche Automobil Holding SE, Petitioner, Appellee, v. Finepoint Capital LP; Finepoint Partners LLC; FPCAP LLC; John Hancock Life Insurance Company (USA); John Hancock Advisers, LLC; John Hancock Investment Management Services, LLC, Respondents, John Hancock Worldwide Investors PLC; Craig Bromley, as Trustee for John Hancock Variable Insurance Trust, John Hancock Funds II, John Hancock Funds III, and John Hancock Strategic Series for JHF Income Fund, Interested Parties, Appellants.

United States Court of Appeals, First Circuit.

January 15, 2021.

Attorney(s) appearing for the Case

Olav A. Haazen , Alice Y. Lee , and Grant & Eisenhofer P.A., on brief for appellants John Hancock Life Insurance Company (USA); John Hancock Advisers, LLC; John Hancock Investment Management Services, LLC; and for interested parties John Hancock Worldwide Investors PLC; and Craig Bromley, as trustee for John Hancock Variable Insurance Trust, John Hancock Funds II, John Hancock Funds III, and John Hancock Strategic Series for JHF Income Fund.

Suhana S. Han , Robert J. Giuffra, Jr. , New York, NY, and Sullivan & Cromwell LLP, and Nolan J. Mitchell , Boston, MA, and Nelson Mullins Riley & Scarborough LLP on brief for appellee Porsche Automobil Holding SE.

Before Lynch, Thompson, and Kayatta, Circuit Judges.

These appeals require that we consider challenges to a district court's discretionary rulings in connection with a request under 28 U.S.C. § 1782 to conduct court-ordered discovery for use in a foreign proceeding. The foreign proceeding is one of approximately 200 separate securities fraud actions brought against Porsche...

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