The Republic of Ecuador et al v. Kelsh

Filing 50

ORDER RE 40 Motion to Compel Production of Documents. Signed by Judge Nathanael M. Cousins on December 21, 2011. (nclc2, COURT STAFF) (Filed on 12/21/2011)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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In re the Application of:
THE REPUBLIC OF ECUADOR and DR.
DIEGO GARCIA CARRION,
Applicants,

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INTERIM ORDER RE: MOTION TO
COMPEL PRODUCTION OF
DOCUMENTS FROM DR.
MICHAEL A. KELSH
Re: Dkt. No. 40

For the Issuance of a Subpoena Under 28
U.S.C. § 1782 to Dr. MICHAEL A. KELSH
for the Taking of a Deposition and the
Production of Documents in a Foreign
Proceeding.

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Case No. 11-mc-80171 CRB (NC)

AND RELATED CASES

Related Cases:
10-mc-80324 CRB (NC)
10-mc-80087 CRB (NC)
11-mc-80110 CRB (NC)
11-mc-80225 CRB (NC)
11-mc-80172 CRB (NC)

Applicants the Republic of Ecuador and Dr. Diego Garcia Carrion, on behalf of the

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Republic of Ecuador in his capacity as Attorney General (collectively “the Republic”),

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bring this action for discovery for use in a foreign proceeding under 28 U.S.C. § 1782.

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The Republic moves to compel the production of documents from Respondent Dr.

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Michael A. Kelsh. Dkt. No. 40. The Court issues this interim order directing an in

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camera review of all documents listed in Respondents’ privilege log as follows:

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1. Respondents are ordered to produce for in camera review all documents

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identified in Respondents’ privilege log on or before December 23, 2011. (Respondents

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submitted to the Court the identified documents by CD at the conclusion of the hearing).

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2. The Republic’s request for extended deposition time of Dr. Kelsh is denied
Case No. 11-mc-80171 CRB (NC)
INTERIM ORDER RE:
MOTION TO COMPEL

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without prejudice pending the Court’s in camera review. The Republic may proceed with

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Dr. Kelsh’s deposition. If, after the in camera review, the Court orders further documents

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to be produced, The Republic may seek additional deposition time of Dr. Kelsh only as to

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the additionally produced documents and information.

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3. The Court will issue further guidance upon completing its in camera review.

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4. The parties are ordered to confer further concerning Request for Production No.

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4, seeking documents relating to Dr. Kelsh’s compensation. See Dkt. No. 40 at 19. If

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Respondents have not produced documents responsive to this request by January 6, 2012,

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they are ordered to show cause why they should not be sanctioned for failure to comply

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with a discovery request.

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IT IS SO ORDERED.

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DATED: December 21, 2011
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____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 11-mc-80171 CRB (NC)
INTERIM ORDER RE:
MOTION TO COMPEL