In Re Ex Parte Application of Sheikh Walid bin Ibrahim al Ibrahim

Filing 15

ORDER by Judge Dale S. Fischer ADOPTING The U.S. Magistrate Judge's Report and Recommendation #13 on the Ex Parte Application for an Order Pursuant to 28 USC section 1782 to Obtain Discovery for Use in a Foreign Proceeding. See Order for specifics. (jp)

Case 2:22-mc-00192-DSF-MAA Document 15 Filed 11/16/22 Page 1 of 3 Page ID #:134

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION (LOS ANGELES)
In re: Ex Parte Application of
SHEIKH WALID BIN IBRAHIM AL
IBRAHIM for an Order Pursuant to 28
U.S.C. § 1782 to Obtain Discovery for
Use in a Foreign Proceeding,
Applicant.

Case No. 2:22-mc-192-DSF-MAA
ORDER ADOPTING THE U.S.
MAGISTRATE JUDGE’S REPORT
& RECOMMENDATION ON THE
EX PARTE APPLICATION FOR
AN ORDER PURSUANT TO 28
U.S.C. § 1782 TO OBTAIN
DISCOVERY FOR USE IN A
FOREIGN PROCEEDING

Case 2:22-mc-00192-DSF-MAA Document 15 Filed 11/16/22 Page 2 of 3 Page ID #:135

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Upon consideration of the Petition for Discovery in Aid of a Foreign

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Proceeding Pursuant to 28 U.S.C. § 1782 (the “Petition,” ECF No. 1), submitted by

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Petitioner Sheikh Walid bin Ibrahim al Ibrahim, all papers submitted in support

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thereof, and the U.S. Magistrate Judge’s Report and Recommendation (“R&R”)

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issued on October 31, 2022 (ECF No. 13), this Court ACCEPTS AND ADOPTS

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the Magistrate Judge’s R&R. It is therefore

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ORDERED that the Petition is granted in part and denied in part as set forth
in the U.S. Magistrate Judge’s R&R;
ORDERED that Petitioner is hereby authorized to serve the Subpoena to

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Testify at a Deposition for Use in a Foreign Proceeding and the Subpoena to

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Produce Documents for Use in a Foreign Proceeding, attached as Exhibits 1 and 2,

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respectively, to the Applicant’s Response to the U.S. Magistrate Judge’s Report

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and Recommendation, upon John David Britt;

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ORDERED that John David Britt comply with such Subpoenas in

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accordance with and subject to his rights under the Federal Rules of Civil

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Procedure and the Rules of this Court;

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ORDERED that Mr. Britt shall have thirty (30) calendar days from the date

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of service of the Subpoenas to file any motions in this Court to contest them, which

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date may be extended by agreement of the parties or order of the Court. To allow

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for such motions, the return date on the Subpoenas must be set at least thirty-one

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(31) days after the date of service. Mr. Britt’s obligation to respond to the

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Subpoenas is automatically stayed upon his filing of any motion contesting the

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Subpoenas and such stay shall remain in effect until such motions are resolved; and

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it is further

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ORDERED that with respect with the discovery denied here, such denial is
without prejudice to a subsequent application should the circumstances change in

Case 2:22-mc-00192-DSF-MAA Document 15 Filed 11/16/22 Page 3 of 3 Page ID #:136

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the relevant legal proceedings against Applicant and his brother in the High Court

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of Justice of England and Wales, Queen’s Bench Division, Commercial Court.

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IT IS SO ORDERED.
DATED: November 16, 2022
Honorable Dale S. Fischer
UNITED STATES DISTRICT JUDGE

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