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)

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Case 2:22-mc-00192-DSF-MAA Document 15 Filed 11/16/22 Page 1 of 3 Page ID #:134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 Upon consideration of the Petition for Discovery in Aid of a Foreign 2 Proceeding Pursuant to 28 U.S.C. § 1782 (the “Petition,” ECF No. 1), submitted by 3 Petitioner Sheikh Walid bin Ibrahim al Ibrahim, all papers submitted in support 4 thereof, and the U.S. Magistrate Judge’s Report and Recommendation (“R&R”) 5 issued on October 31, 2022 (ECF No. 13), this Court ACCEPTS AND ADOPTS 6 the Magistrate Judge’s R&R. It is therefore 7 8 9 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 10 Testify at a Deposition for Use in a Foreign Proceeding and the Subpoena to 11 Produce Documents for Use in a Foreign Proceeding, attached as Exhibits 1 and 2, 12 respectively, to the Applicant’s Response to the U.S. Magistrate Judge’s Report 13 and Recommendation, upon John David Britt; 14 ORDERED that John David Britt comply with such Subpoenas in 15 accordance with and subject to his rights under the Federal Rules of Civil 16 Procedure and the Rules of this Court; 17 ORDERED that Mr. Britt shall have thirty (30) calendar days from the date 18 of service of the Subpoenas to file any motions in this Court to contest them, which 19 date may be extended by agreement of the parties or order of the Court. To allow 20 for such motions, the return date on the Subpoenas must be set at least thirty-one 21 (31) days after the date of service. Mr. Britt’s obligation to respond to the 22 Subpoenas is automatically stayed upon his filing of any motion contesting the 23 Subpoenas and such stay shall remain in effect until such motions are resolved; and 24 it is further 25 26 27 28 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 1 the relevant legal proceedings against Applicant and his brother in the High Court 2 of Justice of England and Wales, Queen’s Bench Division, Commercial Court. 3 4 5 6 IT IS SO ORDERED. DATED: November 16, 2022 Honorable Dale S. Fischer UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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