In Re: Request for International Judicial Assistance

Filing 3

ORDERED and Adjudged, pursuant to the authority contained in Title 28, United States Code, 1782, that: 1. United States Magistrate Judge Stan Baker shall serve as Commissioner to secure evidence from Robert Williams and conduct all proceedings necess ary to render the assistance requested by the Local Court of Amberg, Germany; 2. Robert Williams shall appear before the appointed UnitedMagistrate Judge, as the duly appointed Commissioner in these proceedings pursuant to 28 U.S.C. § 1782, at a time and date to be established by the United States Magistrate Judge to show cause, if any, why he should not be ordered to provide a buccal cell sample in compliance with the Letter or Request from the Local Court ofAmberg, Germany, which is atta ched to the Petition filed in these proceedings;3. If Robert Williams has any defenses to present or motions to make in opposition to the request made in the Letter of Requestfrom the Local Court of Araberg, Germany, Robert Williams shall filesaid de fenses or motions made in writing with the Court, and servea copy on the United States Attorney's Office, at least 5 businessdays prior to the date of the show cause hearing. Only those issuesraised by motion or brought into controversy by respo nsive pleadingshall be considered by the Court; and 4. At least 30 days prior to the date of the above scheduled hearing the United States Marshal's Office shall personally serve acopy of the following documents on Robert Williams at 1208 Middle Ground Road, Apt. C7, Savannah, GA 31419. a. The United States' Petition for Order Pursuant to 28U.S.C. § 1782 and all attachments and exhibits to thosedocuments; b. The United States' Motion to Show Cause and allattachments and exhibits to those documents; andc. A copy of this Order. Signed by Judge William T. Moore, Jr on 12/21/15. (wwp) Modified on 12/22/2015 (wwp).

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IN THE UNITED STATES DISTRICO1
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THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISIC
IN RE: REQUEST
)
FOR INTERNATIONAL JUDICIAL
ASSISTANCE FROM THE LOCAL COURT )
OF AMBERG, GERMANY

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CASE NO. MC415-002

ORDER
Before the Court are the United States' Ex Parte Petition for
Order Pursuant to 28 U.S.C. § 1782 (Doc. 1) and Motion to Show
Cause (Doc. 2). This case concerns a request from the Local Court
of Amberg, Germany that Mr. Robert Williams be ordered to provide a
DNA sample for use in a paternity dispute. After careful review of
the record, this Court makes the findings below.
This Court, as permitted by the Hague Convention and Federal
law, may assist foreign judicial tribunals to obtain discovery
within the United States. According to 28 U.S.C. § 1782 a court may
assist when
(1) the request must be made "by a foreign or
international tribunal," or by "any interested person";
(2) the request must seek evidence, whether it be the
"testimony or statement" of a person or the production of
"a document or other thing"; (3) the evidence must be
"for use in a proceeding in a foreign or international
tribunal"; and (4) the person from whom discovery is
sought must reside or be found in the district of the
district court ruling on the application for assistance.
Application of Consorcio Ecuatoriano de Telecomunicaciones S.A. v.
JAS Forwarding (USA), Inc., 747 F.3d 1262, 1269 (11th Cir. 2014)
(quoting In re Clerici, 481 F.3d 1324 (11th Cir. 2007)). The Court
concludes that these factors have been met. A request from the

Local Court of Airiberg, Germany, has been properly presented by the
United States seeking evidence for use in the Matter of Stephanie
Dittmar v. Robert Lee Williams (File No. 3 F 359112, 51140106) . This
request seeks a buccal cell sample for use in the above mentioned
proceeding. (Doc. 1 at 2.) Additionally, Mr. Williams resides in
the Southern District of Georgia. (Id.) Finally, this Court
concludes that the discretionary factors' mitigate in favor of
granting the United States' motion (Doc. 2) . Therefore it is
ORDERED AND ADJUDGED,

pursuant to the authority contained in Title

28, United States Code, § 1782, that:

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These factors are
(1) whether 'the person from whom discovery is sought
is a participant in the foreign proceeding,' because
'the need for § 1782(a) aid generally is not as
apparent as it ordinarily is when evidence is sought
from a nonparticipant'; (2) 'the nature of the foreign
tribunal, the character of the proceedings underway
abroad, and the receptivity of the foreign government
or the court or agency abroad to U.S. federal-court
judicial assistance'; (3) 'whether the § 1782(a)
request conceals an attempt to circumvent foreign
proof-gathering restrictions or other policies of a
foreign country or the United States'; and (4) whether
the request is otherwise 'unduly intrusive or
burdensome.'
In re Clerici, 481 F.3d 1324, 1334 (11th Cir. 2007) (quoting
Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 26465 (2004)). Here, Mr. Williams is currently domiciled in the
United States and not subject to the Local Court of Amberg's
jurisdiction, there is no evidence that this is either an
attempt to circumvent foreign proof-gathering restrictions or
that Germany has been unreceptive to similar requests by the
United States. Finally there is no evidence that the request to
provide a DNA sample in a paternity suit is intrusive or
burdensome.

1.

United States Magistrate Judge Stan Baker shall serve as

Commissioner to secure evidence from Robert Williams and conduct
all proceedings necessary to render the assistance requested by the
Local Court of Amberg, Germany;
2.

Robert Williams shall appear before the appointed United

Magistrate Judge, as the duly appointed Commissioner in these
proceedings pursuant to 28 U.S.C. § 1782, at a time and date to be
established by the United States Magistrate Judge to show cause, if
any, why he should not be ordered to provide a buccal cell sample
in compliance with the Letter or Request from the Local Court of
Amberg, Germany, which is attached to the Petition filed in these
proceedings;
3.

If Robert Williams has any defenses to present or motions

to make in opposition to the request made in the Letter of Request
from the Local Court of Araberg, Germany, Robert Williams shall file
said defenses or motions made in writing with the Court, and serve
a copy on the United States Attorney's Office, at least 5 business
days prior to the date of the show cause hearing. Only those issues
raised by motion or brought into controversy by responsive pleading
shall be considered by the Court; and
4.

At least 30 days prior to the date of the above scheduled

hearing the United States Marshal's Office shall personally serve a
copy of the following documents on Robert Williams at 1208 Middle
Ground Road, Apt. C7, Savannah, GA 31419.

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a. The United States' Petition for Order Pursuant to 28
U.S.C. § 1782 and all attachments and exhibits to those
documents;
b. The United States' Motion to Show Cause and all
attachments and exhibits to those documents; and
c. A copy of this Order.
SO ORDERED this

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day of December 2015.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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