Curis Resources Limited v. Unknown Party et al

Filing 6

ORDER granting 1 Motion for Issuance of Letters Rogatory. The Clerk is directed to issue any subpoenas necessary to direct the authorized representatives and the Custodian of Records of Pinal County, 31 N. Pinal Street, Building A, Florence, Ariz ona, 85132, to appear at the times and place designed by Plaintiff and testify regarding IP address 67.128.3.2 and produce their files and records regarding IP address 67.128.3.2. The Clerk is directed to issue any subpoenas necessary to direct the authorized representatives and the Custodian of Records of Qwest Communications Company, LLC, c/o CT Corporation System, 2390 E. Camelback Road, Phoenix, Arizona, 85016, to appear at the times and place designed by Plaintiff and testify regarding IP address 184.98.29.108 and produce their files and records regarding IP address 184.98.29.108. Signed by Judge David G Campbell on 8/28/12.(DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. MC12-0079-PHX-DGC

Curis Resources Ltd.,

ORDER

Plaintiff,

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v.

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Jane Doe and John Doe a.k.a. "erinG", etc.
Defendants.

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Plaintiff Curis Resources, Ltd. has filed a motion for issuance of letters rogatory to

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assist in obtaining evidence for litigation pending in the Supreme Court of British

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Columbia, Canada, Curis Resources, Ltd. v. Jane Doe and John Doe a.k.a. “erinG”,

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Case No. S-123944. Doc. 1. Plaintiff asks the Court to subpoena Pinal County and

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Qwest Communications Company, LLC. Id. at 3. These witnesses have not raised

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objections.

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Under 28 U.S.C. § 1782, a district court has discretion in determining whether

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letters rogatory should be honored. In re Letters Rogatory from the Tokyo District,

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Tokyo, Japan, 539 F.2d 1216, 1219 (9th Cir. 1976). Section 1782 provides, in part: “The

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district court of the district in which a person resides or is found may order him to give

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his testimony or statement or to produce a document or other thing for use in a

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proceeding in a foreign or international tribunal, including criminal investigations

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conducted before formal accusation.”

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customarily received and appropriate action taken with respect thereto ex parte.” In re

28 U.S.C. § 1782(a).

“Letters Rogatory are

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Letters Rogatory from the Tokyo District, 539 F.2d at 1219.

Witnesses can raise

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objections and exercise their due process rights by motions to quash the subpoenas. Id.

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The Court will grant the motion pursuant to § 1782.

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IT IS ORDERED:

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1.

Plaintiff’s motion for issuance of letters rogatory (Doc. 1) is granted.

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2.

The Clerk is directed to issue any subpoenas necessary to

direct the

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authorized representatives and the Custodian of Records of Pinal County, 31 N. Pinal

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Street, Building A, Florence, Arizona, 85132, to appear at the times and place designed

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by Plaintiff and testify regarding IP address 67.128.3.2 and produce their files and

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records regarding IP address 67.128.3.2.
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The Clerk is directed to issue any subpoenas necessary to direct the

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authorized representatives and the Custodian of Records of Qwest Communications

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Company, LLC, c/o CT Corporation System, 2390 E. Camelback Road, Phoenix,

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Arizona, 85016, to appear at the times and place designed by Plaintiff and testify

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regarding IP address 184.98.29.108 and produce their files and records regarding IP

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address 184.98.29.108.

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Dated this 28th day of August, 2012.

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