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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 MGM GRAND HOTEL, LLC, 11 Plaintiff(s), 12 vs. 13 KYUNG SHIN, et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-02347-JAD-NJK ORDER (Docket No. 43) 16 Pending before the Court is Plaintiff’s second renewed motion for the issuance of a letter of 17 request seeking discovery from Michael Velasco in Canada. Docket No. 43. The motion was served 18 on Mr. Velasco, Docket No. 47, but he has not responded to it. Accordingly, Mr. Velasco has consented 19 to the granting of the motion. See Local Rule 7-2(d). 20 Moreover, the Court has reviewed the motion and finds it meritorious. Federal courts are 21 authorized to issue a letter of request to obtain discovery in a foreign country when such discovery falls 22 within the scope of Rule 26 of the Federal Rules of Civil Procedure, when comity considerations militate 23 in favor of issuance of such letter, and when the party from whom discovery is sought has not shown 24 good reason to deny the motion. See, e.g., Viasat, Inc. v. Space Systems/loral, Inc., 2013 WL 12061801, 25 at *2-4 (S.D. Cal. Jan. 14, 2013).1 The Court concludes that the discovery sought, both in the form of 26 document production and a deposition, is discoverable under Rule 26. The Court also concludes that 27 28 1 A “letter of request” is synonymous with a “letter rogatory.” Id. at *2 n.1. 1 the considerations of comity militate in favor of issuance of the letter of request. Lastly, the Court does 2 not have good reason to deny the request. 3 For the reasons outlined above, Plaintiff’s second renewed motion for the issuance of a letter of 4 request seeking discovery from Michael Velasco in Canada is hereby GRANTED. Concurrently 5 herewith, the Court will sign and issue the letter of request submitted by Plaintiff. 6 IT IS SO ORDERED. 7 DATED: March 8, 2017 8 9 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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