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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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 HONORABLE ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE 450 Golden Gate Avenue Courtroom E, 15th Floor San Francisco, California 94104 United States of America 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, This United States District Court, sitting in and for the Northern District of California, presents its compliments to the appropriate Judicial Authority of the State of Kuwait, and requests international judicial assistance to obtain evidence to be used in a civil proceeding before this court in the above-captioned matter. A trial of this matter is presently set for hearing on January 4, 2010. This court requests the assistance described herein, as necessary in the interests of justice. The assistance requested is that the appropriate Judicial Authority of the State of Kuwait compel the appearance of the below-named individuals to be examined at deposition, before an appropriate judicial officer, or other commissioner or deposition officer capable of administering oaths, and/or taking testimony, pursuant to the laws and processes of the State of Kuwait. // 1 LETTERS OF REQUEST CASE NO. C 08-02542 MMC Case No. C-08 02542 MMC LETTERS OF REQUEST 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 The individuals to be examined at deposition are as follows: Mr. Mutasem H. Al-Shihabi A.H. Alsagar & Bros. P.O. Box 244 Safat 13003 Kuwait Tel. (965) 481-7924 Mr. Loay Jassim Al-Kharafi Al Mal Investment Company P.O. Box 26308 Safat 13124 Kuwait Tel. (965) 2-225-4800 Both individuals are citizens and residents of the State of Kuwait. The case pending before this court is a claim by the plaintiff/claimant Meridian Investment Management, Inc. ("plaintiff"), that it was defamed by agents acting on behalf of the defendant/respondent Meridian Real Estate Investment Company II, a Cayman Islands company ("defendant"). Specifically, the plaintiff alleges that Mr. Al-Shihabi, acting as a director for the defendant, falsely blamed the plaintiff for the inaction and inability to close the operations of the defendant company. As a result, plaintiff alleges, shareholders of the defendant have ceased doing business with plaintiff with respect to other investments. The plaintiff further alleges that Mr. Al-Kharafi, who became a chairman of the defendant, continued to disparage plaintiff and in a press conference reported in the ALQABAS newspaper on May 28, 2008 blamed plaintiff for the loss of $2 million from the defendant company. Plaintiff alleges that this continuing disparagement caused it to suffer damages by loss of reputation and investments. The plaintiff, Meridian Investment Management, Inc., is represented by Douglas A. Applegate, of the law firm of Seiler Epstein Ziegler & Applegate LLP, 101 Montgomery Street, 27th Floor, San Francisco, California 94104, United States; telephone: (415) 979-0500; facsimile: (415) 979-0511. The defendant, Meridian Real Estate Investment Company II, is represented by David Kiernan, of the law firm of Jones Day, 555 California Street, 26th Floor, San Francisco, California 94104, United States; telephone: (415) 626-3939; facsimile: (415) 875-5700. The testimony of Messrs. Al-Shihabi and Al-Kharafi is requested to confirm, verify and authenticate that certain statements were made by these gentlemen on behalf of the defendant. These statements are the subject of this court proceeding. 2 LETTERS OF REQUEST CASE NO. C 08-02542 MMC 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 This court of the United States will be ready and willing to provide the same assistance to the State of Kuwait, when such letter of request is properly requested and transmitted to this court. This court will direct plaintiff to reimburse the State of Kuwait for any administrative costs incurred in executing the letter of request, and compelling the testimony of Messrs. Al-Shihabi and Al-Kharafi thereunder. WHEREFORE, this United States District Court for the Northern District of California, pursuant to Federal Rule of Civil Procedure 28(b), hereby requests that, in furtherance of justice and by the proper and usual process of your Judicial Authority, you summon the attorneys or agents of the parties and the witness to be examined to attend at such mutually agreed upon time and place, either before you, or before such officer or commissioner as according to your procedures is competent to take evidentiary depositions of witnesses, and that you will cause the witness, on oath or affirmation, to be examined for the giving of testimony and the production of documents in his possession identified in the attached request, in the presence of the attorneys or agents of the party or such of them as shall, on due notice given, attend the examination. IT IS FURTHER REQUESTED that you cause or permit these depositions to be reduced to writing, and cause or permit said depositions, with all exhibits marked and attested, to be returned to us, through the nearest United States consular officer under cover, duly sealed and addressed to the Clerk of the United States District Court for the Northern District of California, United States of America. 12th May This Letter of Request is made on this ____ day of ______________ 2009, at San Francisco, California, United States. __________________________________ HONORABLE ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE 3 LETTERS OF REQUEST CASE NO. C 08-02542 MMC

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