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Matter of Application of BNP Paribas Jersey Trust Corp. Ltd.

Trustee Granted Discovery From Art Appraiser for Use in Case Before Royal Court of Jersey

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OPINION & ORDER

*1 BNP Jersey Trust Corporation Ltd. (“BNP”) submitted an ex parte Application for an Order Pursuant to 28 U.S.C. §1782 to Conduct Discovery for Use in Foreign Proceedings (“Application”) seeking discovery from Gurr Johns, Inc. (“Gurr Johns”), an art appraisal company with a principal place of business in the Southern District of New York. The Application seeks information related to a valuable art collection (“Crociani Art Collection”) held by Edoarda Crociani (“Edoarda”) for use in connection with BNP’s claims against Edoarda in an action in the Royal Court of Jersey (“Royal Court”), File No. 2013/2004 (“Jersey Action”).BNP and Edoarda served as co-trustees for a trust established for the benefit of Edoarda’s daughter, Cristiana Crociani (“Cristiana”), who filed an action against Edoarda for wrongfully diverting millions of dollars from the trust and against BNP for breach of trust. BNP brought a third-party claim against Edoarda pursuant to a contractual indemnity clause which obligated Edoarda to indemnify BNP for any liability incurred by BNP in connection with the management and administration of the trust. The Royal Court entered a worldwide asset freeze and disclosure order (“Freezing and Disclosure Order”) against Edoarda in August 2016, restricting the transfer and disposal of Edoarda’s assets and requiring her to disclose information about her assets, including the Crociani Art Collection. To date, Edoarda has failed to comply with the order.

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