Meridian Investment Management, Inc. v. Meridian Real Estate Investment Company II

Filing 68

ORDER GRANTING Plaintiff's Motion for Letters of Request (Letters Rogatory) 37 . Signed by Judge Elizabeth D. Laporte. (lmh, COURT STAFF) (Filed on 5/12/2009) (Additional attachment(s) added on 5/27/2009: # 1 Letters of Request) (lmh, COURT STAFF).

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William J. Ziegler (SBN 041203) Douglas A. Applegate (SBN 142000) George M. Lee (SBN 172982) SEILER EPSTEIN ZIEGLER & APPLEGATE LLP 101 Montgomery Street, 27th Floor San Francisco, California 94104 Phone: [phone] Fax: [phone] Attorneys for Plaintiff Meridian Investment Management, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MERIDIAN INVESTMENT MANAGEMENT, INC., a Delaware Corporation Plaintiff, vs. MERIDIAN REAL ESTATE INVESTMENT COMPANY II, a Cayman Islands company, Defendant, The motion of plaintiff Meridian Investment Management, Inc. ("plaintiff") for an order issuing Letters of Request (also captioned Letters Rogatory) pursuant to Fed. R. Civ. Pro. 28(b) was duly noticed for hearing in the above matter before this court, and thereafter assigned for decision to the Hon. Elizabeth D. LaPorte. On May 12, 2009, the parties waived any hearing on the motion and defendant stated that it had no objection to the requested order. Plaintiff and moving party was represented by Douglas A. Applegate, plaintiff's counsel of record. Defendant Meridian Real Estate Investment Company II ("defendant") was represented by David Kiernan, its counsel of record. The court considered all papers submitted in support of the plaintiff's motion, and finding good cause, will hereby ORDER as follows: Plaintiff's motion for the issuance of Letters of Request (Letters Rogatory) to take the depositions of Mr. Mutasem H. Al-Shihabi, and Mr. Loay Jassim Al-Kharafi, through the 1
[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR ISSUANCE OF LETTERS OF REQUEST CASE NO. C 08-02542 MMC

SEILER EPSTEIN ZIEGLER & APPLEGATE LLP

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Case No. C-08 02542 MMC [PROPOSED] ORDER GRANTING PLAINTIFF MERIDIAN INVESTMENT MANAGEMENT, INC.'S MOTION FOR LETTERS OF REQUEST (LETTERS ROGATORY) ­ FRCP 28(b) Date: May 15, 2009 Time: 9:00 a.m. Courtroom E, 15th Floor Judge: Hon.

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appropriate judicial authority of the State of Kuwait, is hereby GRANTED. The court finds that the deposition testimony of these two individuals will likely produce material evidence pending in the instant action, or is reasonably calculated to lead to the discovery of admissible evidence. Issuance of Letters of Request is authorized and appropriate under FRCP 28(b), and the principle of the comity of nations. WHEREFORE, the court will and hereby does issue the Letters of Request, attached to this Order as Exhibit A, and hereby ORDERS that such Letters be transmitted to the appropriate judicial authority of the State of Kuwait. Plaintiff shall cause the letters of request to be issued through the appropriate channels, and be authenticated and translated as required by 28 U.S.C. § 1781, with translation into Arabic, and plaintiff will comply with any other requirements of the State Department for submission and transmittal to the State of Kuwait, Ministry of Justice. The depositions shall take place on a date and time mutually agreeable to the parties, their counsel and the witnesses.

SEILER EPSTEIN ZIEGLER & APPLEGATE LLP

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May 12, 2009 Dated: ____________________

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[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR ISSUANCE OF LETTERS OF REQUEST CASE NO. C 08-02542 MMC

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___________________________________ HON. ELIZABETH D. DERED OR LAPORTE T IS SO United States Magistrate Judge I

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