MGM Grand Hotel, LLC v. Shin et al

Filing 55

ORDER Granting Plaintiff's 43 Second Renewed Motion for the Issuance of a Letter of Request seeking discovery from Michael Velasco in Canada. Signed by Magistrate Judge Nancy J. Koppe on 3/8/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MGM GRAND HOTEL, LLC,
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Plaintiff(s),
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vs.
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KYUNG SHIN, et al.,
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Defendant(s).
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Case No. 2:16-cv-02347-JAD-NJK
ORDER
(Docket No. 43)

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Pending before the Court is Plaintiff’s second renewed motion for the issuance of a letter of

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request seeking discovery from Michael Velasco in Canada. Docket No. 43. The motion was served

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on Mr. Velasco, Docket No. 47, but he has not responded to it. Accordingly, Mr. Velasco has consented

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to the granting of the motion. See Local Rule 7-2(d).

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Moreover, the Court has reviewed the motion and finds it meritorious. Federal courts are

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authorized to issue a letter of request to obtain discovery in a foreign country when such discovery falls

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within the scope of Rule 26 of the Federal Rules of Civil Procedure, when comity considerations militate

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in favor of issuance of such letter, and when the party from whom discovery is sought has not shown

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good reason to deny the motion. See, e.g., Viasat, Inc. v. Space Systems/loral, Inc., 2013 WL 12061801,

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at *2-4 (S.D. Cal. Jan. 14, 2013).1 The Court concludes that the discovery sought, both in the form of

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document production and a deposition, is discoverable under Rule 26. The Court also concludes that

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A “letter of request” is synonymous with a “letter rogatory.” Id. at *2 n.1.

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the considerations of comity militate in favor of issuance of the letter of request. Lastly, the Court does

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not have good reason to deny the request.

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For the reasons outlined above, Plaintiff’s second renewed motion for the issuance of a letter of

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request seeking discovery from Michael Velasco in Canada is hereby GRANTED. Concurrently

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herewith, the Court will sign and issue the letter of request submitted by Plaintiff.

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IT IS SO ORDERED.

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DATED: March 8, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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