Malcolm v. Acrylic Tank Manufacturing of Nevada et al

Filing 48

ORDER. IT IS SO ORDERED that the Federal District Court District of Nevada respectfully requests the assistance of the Court of Session, Scotland in obtaining the trial evidence sought from witnesses residing in Scotland. Signed by Magistrate Judge Peggy A. Leen on 2/9/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEVEN MALCOLM,

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Case No. 2:17-cv-01108-JCM-PAL
Plaintiff,

v.

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ACRYLIC TANK MANUFACTURING OF
NEVADA, et al.,

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ORDER

Defendants.

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IT IS SO ORDERED that:

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1. The Federal District Court – District of Nevada respectfully requests the assistance of

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the Court of Session, Scotland in obtaining the trial evidence sought from witnesses

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residing in Scotland, as specified in Exhibit A and Exhibit B.

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2. The documents and evidence identified in Exhibit A and Exhibit B are necessary for

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the purposes of justice and for the due determination of the matters in dispute between

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the parties.

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3. It is necessary for the purposes of justice and for the due determination of the matters

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in dispute between the parties that the Court of Session, Scotland cause the following

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witnesses, who are resident within your jurisdiction, to be examined for purposes of

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recording and preserving their testimony and order the production of documents for

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trial. The names and addresses of the witnesses are as follows:

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a. David Matthews – Director of WMA
Station Master’s Office, Dalmeny Station, South Queensferry EH30 9JP
b. Julian Hunter – Julian Hunter Architects
3 Abertay Gardens
Broughty Ferry
Dundee DD5 2RR
United Kingdom
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4. The Federal District Court – District of Nevada respectfully requests the Court of

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Session, Scotland to make orders for the recovery of the particular documents specified

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and for the oral examination of the said witnesses on the matters specified in Exhibits

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A and B according to your usual and proper processes.

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DATED this 9th day of February, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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Case 2:17-cv-01108-JCM-PAL Document 44-1 Filed 01/31/18 Page 1 of 5

EXHIBIT A
Request for Documents and Oral Evidence for Trial
from Julian Hunter Architects

Case 2:17-cv-01108-JCM-PAL Document 44-1 Filed 01/31/18 Page 2 of 5

EXHIBIT A – Julian Hunter Architects, 3 Abertay Gardens, Broughty Ferry, Dundee DD5
2RR, United Kingdom

The Applicant requests the following documents in the hands of Julian Hunter Architects or
anyone on its behalf for use as evidence at trial:
1.

All documents (including electronic documents, project file documents,
drawings, instructions, memoranda, notes, inspection reports, emails and
correspondence) relating to the design, inspection, and construction of the home
of Mr. Steven Malcolm located at 7, The Queens Crescent, Gleneagles (the
“Home”) containing entries showing or tending to show the construction and/or
design of the Aquarium installed within the Home and all connections of the
Aquarium to any part of the Home.

2.

All photographs of the Home showing or tending to show the stages of
construction of the Aquarium installed within the Home during the course of its
installation and construction and all connections of the Aquarium to any part of
the Home.

3.

All photographs of the Home after completion of construction of the Aquarium
installed within the Home showing or tending to show the state of the completed
Aquarium and all connections of the Aquarium to any part of the Home.

4.

All Requests for Information ('RFIs') issued in respect of or relating to the
design, construction, or installation of the Aquarium installed within the Home

Case 2:17-cv-01108-JCM-PAL Document 44-1 Filed 01/31/18 Page 3 of 5

and all connections of the Aquarium to any part of the Home, and all responses
to those RFIs.

5.

All Change Orders issued, and all potential or draft change orders prepared,
during the design and/or construction of the Home in respect of or relating to the
Aquarium installed within the Home and any connection of the Aquarium to any
part of the Home.

6.

All calculations pertaining to the design and/or construction of any part of the
Aquarium installed within the Home and any connection of the Aquarium to any
part of the Home.

7.

All blueprints, schematics, drawings, plans or sketches for the Aquarium
showing or tending to show the installation of the Aquarium within the Home or
any connection of the Aquarium to any part of the Home.

8.

All contracts with any person or entity which

performed any design,

construction, or inspection in relation to the Aquarium installed within the Home
or any connection of the Aquarium to the Home.

9.

Any advice sought or received from WMA Engineering regarding the Aquarium
installed within the Home, the manner of installation of the Aquarium or any
connection of the Aquarium to any part of the Home.

Case 2:17-cv-01108-JCM-PAL Document 44-1 Filed 01/31/18 Page 4 of 5

10.

All written communications with Acrylic Tank Manufacturing, Inc ('ATM')
regarding the Home, the Aquarium installed in the Home, or any connection of
the Aquarium to any part of the Home.

11.

All written communications with Reynolds Polymer Technology, Inc regarding
the Home or the Aquarium installed in the Home, or any connection of the
Aquarium to any part of the Home.

12.

Lists, spreadsheets, or databases containing details of the individuals and entities
that performed design, construction, or inspection services for the installation of
the Aquarium in the Home, or any connection of the Aquarium to any part of the
Home.

Subject matter of oral examination of Julian Hunter as comprising the evidence of Julian
Hunter for use at trial:
1.

Julian Hunter Architects’ work performed on the home of Mr. Steven Malcolm
located at 7 The Queens Crescent, Gleneagles (the “Home”) relating to the
design, construction, and installation of the Aquarium within the Home.

2.

The process of construction of the Home and the connection of any part of the
Aquarium with any part of the Home.

3.

The as-built state of the Home and any connection of the as-built Aquarium with
any part of the Home.

Case 2:17-cv-01108-JCM-PAL Document 44-1 Filed 01/31/18 Page 5 of 5

4.

The developed design intention for the place of the Aquarium within the Home,
the support for the Aquarium and any connection between the Aquarium and the
Home.

5.

The work performed on the Home relating to the cover of the Aquarium, the
connection of the roof and ceiling to the Aquarium, the base of the Aquarium,
and the accommodation of the Aquarium within the Home.

6.

Communications with any person or entity including WMA Engineering,
regarding the design of the base of the Aquarium which was installed at the
Home.

7.

Communications with any person or entity including WMA Engineering relating
to the design or installation of the cover (including connection of the roof and
ceiling) to the Aquarium which was installed at the Home.

8.

Communications with Acrylic Tank Manufacturing Inc ('ATM') and/or
Reynolds Polymer Technology Inc relating to the Aquarium, Aquarium base, or
Aquarium cover.

9.

The identities of all subcontractors, suppliers, subconsultants, and employees for
Julian Hunter Architects who performed work for the Home.

Case 2:17-cv-01108-JCM-PAL Document 44-2 Filed 01/31/18 Page 1 of 6

Exhibit B
Request for Documents and Oral Evidence for
Trial from WMA Limited

Case 2:17-cv-01108-JCM-PAL Document 44-2 Filed 01/31/18 Page 2 of 6

EXHIBIT B – WMA Limited, Station Master's Office, Dalmeny Station, South Queensferry
EH30 9JP, United Kingdom
The Applicant requests the following documents in the hands of WMA Limited or anyone on its
behalf for use as evidence at trial:
1.

All documents (including electronic documents, project file documents,

drawings,

instructions,

memoranda,

notes,

inspection

reports,

emails,

and

correspondence) relating to the design, inspection, and construction of the home of Mr.
Steven Malcolm located at 7, The Queens Crescent, Gleneagles (“the Home”)
containing entries showing or tending to show the construction and/or design of the
Aquarium installed within the Home and all connections of the Aquarium to any part
of the Home.

2.

All photographs of the Home showing or tending to show the stages of

construction of the Aquarium installed within the Home during the course of its
installation and construction and all connections of the Aquarium to any part of the
Home.

3.

All photographs of the Home after completion of construction of the Aquarium

installed within the Home showing or tending to show the state of the completed
Aquarium and all connections of the Aquarium to any part of the Home.

Case 2:17-cv-01108-JCM-PAL Document 44-2 Filed 01/31/18 Page 3 of 6

4.

All Requests for Information ('RFIs') issued in respect of or relating to the

design, construction, or installation of the Aquarium installed within the Home and all
connections of the Aquarium to any part of the Home, and all responses to those RFIs.

5.

All Change Orders issued, and all potential or draft change orders prepared,

during the design and/or construction of the Home in respect of or relating to the
Aquarium installed within the Home and any connection of the Aquarium to any part
of the Home.

6.

All calculations pertaining to the design and/or construction of any part of the

Aquarium installed within the Home and any connection of the Aquarium to any part
of the Home.

7.

All blueprints, schematics, drawings, plans or sketches for the Aquarium

showing or tending to show the installation of the Aquarium within the Home or any
connection of the Aquarium to any part of the Home.

8.

All contracts with any person or entity which performed any design,

construction, or inspection in relation to the Aquarium installed within the Home or
any connection of the Aquarium to the Home.

Case 2:17-cv-01108-JCM-PAL Document 44-2 Filed 01/31/18 Page 4 of 6

9.

Any advice sought or received from any entity or person or offered regarding

the Aquarium installed within the Home, the manner of installation of the Aquarium or
any connection of the Aquarium to any part of the Home.

10.

All written communications with or about Acrylic Tank Manufacturing, Inc

(“ATM”) regarding the Home, the Aquarium installed in the Home or any connection
of the Aquarium to any part of the Home.

11.

All written communications with or about Reynolds Polymer Technology, Inc

regarding the Home or the Aquarium installed in the Home, or any connection of the
Aquarium to any part of the Home.

12.

Lists, spreadsheets, or databases containing details of the individuals and

entities that performed design, construction, or inspection services for the installation
of the Aquarium in the Home, or any connection of the Aquarium to any part of the
Home.

Subject matter of oral examination of David Matthews as comprising the evidence of David
Matthews for use at trial:
1.

WMA Limited’s work performed in relation to the home of Mr. Steven

Malcolm located at 7 The Queens Crescent, Gleneagles (the “Home”) relating to the
design, construction of the Home and Aquarium and installation of the Aquarium
within the Home.

Case 2:17-cv-01108-JCM-PAL Document 44-2 Filed 01/31/18 Page 5 of 6

2.

The process of construction of the Home and the connection of any part of the

Aquarium with any part of the Home.

3.

The as-built state of the Home and any connection of the as-built Aquarium

with any part of the Home.

4.

The developed design intention for the place of the Aquarium within the Home,

the support for the Aquarium and any connection between the Aquarium and the
Home.

5.

The work performed on the Home relating to the cover of the Aquarium, the

connection of the roof and ceiling to the Aquarium, the base of the Aquarium and the
accommodation of the Aquarium within the Home.

6.

Communications with any person or entity regarding the design of the base of

the Aquarium which was installed at the Home.

7.

Communications with any person or entity relating to the design or installation

of the cover (including connection of the roof and ceiling) to the Aquarium which was
installed at the Home.

Case 2:17-cv-01108-JCM-PAL Document 44-2 Filed 01/31/18 Page 6 of 6

8.

Communications with Acrylic Tank Manufacturing Inc ('ATM') and/or

Reynolds Polymer Technology Inc relating to the Aquarium, Aquarium base, or
Aquarium cover.

9.

The identities of all subcontractors, suppliers, subconsultants, and employees
for WMA who performed work for the Home.