OPINION AND ORDER Petitioner Damien James Byrne (“Petitioner”) applied pursuant to 28 U.S.C. §1782 for discovery from various financial institutions (“Respondents”),1 Pet., Dkt. 4; the Court granted the application on February 27, 2023, Order, Dkt. 7. Mehboob Hamza Dawoodbhoy (“Intervenor”) moved to intervene in this case, to vacate the Court’s February 27, 2023 Order, to quash the subpoenas, and to stay discovery. Mot., Dkt. 10; Mem., Dkt. 11. Alternatively, Intervenor seeks a copy of all of discovery produced by Respondents. See id.2 For the reasons stated below, the motion to intervene is GRANTED. Intervenor’s motion to vacate the Court’s February 27, 2023, Order granting Petitioner’s §1782 Application, to quash the subpoenas, and to stay discovery is DENIED. Intervenor’s request to inspect the documents produced to Petitioner in this action is also DENIED. BACKGROUND Petitioner is an Irish national who has resided in the United Arab Emirates for over 20 years. Pet. at 1. In 2008, Petitioner was approached by Seven Seas Computers LLC (“SSC”) and Mustansir Hamza Khetty Dawoodbhoy (an individual who has not moved to intervene in this case; hereinafter, “Mustansir”) in connection with a real estate development project. See id. Petitioner and his father provided SSC roughly $7.1 million USD in exchange for ownership of a multi-story residential dwelling that was to be built in Abu Dhabi. Id. at 1-2. According to Petitioner, rather than invest the funds, Mustansir, Omar Hassan Ali Alattar, and Intervenor (together, the “Liable Parties”), who are “current/previous shareholders and/or managers” of SSC, “used the funds for personal and unintended uses.” Id. at 2. On October 27, 2021, the Dubai Court of Appeal found that the Liable Parties were personally liable for fraud and entered a judgment against them for approximately $9.5 million. See Al Dhaheri ex parte Decl. 10, Dkt. 2.3 The judgment was affirmed by the Court of Cassation and “was immediately brought before the Execution Court” for enforcement (the “Pending Proceeding”); after multiple enforcement attempts, on April 14, 2022, the Execution Court “ordered the arrest of the Liable Parties (until payment is made in full).” Id.4 Although orders of attachment have been issued against the UAE bank accounts of the Liable Parties in which “they own/have a shareholding interest,” according to Petitioner, some of the misappropriated funds were transferred through New York entities; thus, “[d]iscovery through the Southern District of New York is crucial in order to trace the whereabouts of the [Petitioner's] missing money.” Id.
