United States District Court, D. Nevada
ORDER MOTION TO ISSUE LETTERS ROGATORY [ECF NO. 92],
AND MOTION TO SEAL [ECF NO. 94]
FERENBACH UNITED STATES MAGISTRATE JUDGE
the Court are Plaintiff TPOV Enterprise 16, LLC's
(“TPOV 16”) Motion for the Issuance of Letters
Rogatory (ECF No. 92) and Motion to Seal Exhibits in Support
of Plaintiff's Motion for the Issuance of Letters
Rogatory (ECF No. 94). For the reasons discussed below, TPOV
16's motions are granted.
case involves two related contracts TPOV 16 entered into in
November 2011. (ECF No. 92 at 2). TPOV 16 asserts that
Defendant Paris Las Vegas Operating Company's
(“Paris”) breached one of these contracts.
(Id. at 3). “Important to Plaintiff's
claims is taking discovery of the facts and circumstances
underlying the formation” of the two contracts,
including the deposition of Trevor James, who “was an
active participant in the discussions and negotiations
surrounding the formation of the” two contracts.
now moves to issue letters rogatory to England, where Trevor
James is believed to be located, to compel his deposition.
(Id. at 4). TPOV 16 also moves to seal certain
exhibits to its motion to issue letters rogatory according to
the parties' stipulated protective order. (ECF No. 94).
Paris does not oppose the motion to issue letters rogatory,
and asserts that the exhibits TPOV 16 moves to seal contain
confidential business information that could result in injury
to the parties if it became public. (ECF No. 95).
have recognized a general right to inspect and copy public
records and documents, including judicial records and
documents.” Kamakana v. City & County of
Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (internal
citations and quotations omitted). However, the public's
right to access is “not absolute.” Id.
Federal Rule of Civil Procedure 26(c) allows the Court to
issue a protective order to govern discovery, as necessary to
protect a party from “annoyance, embarrassment,
oppression, or undue burden or expense.”
parties seek to seal ECF Nos. 93, 93-1, and 93-2. (ECF No.
94). Paris asserts that these documents contain
“confidential, non-public business information.”
(ECF No. 95 at 3). After reviewing ECF Nos. 93, 93-1, and
93-2, the Court agrees that they include confidential,
non-public communications regarding contract negotiations.
Therefore, the Court will allow ECF Nos. 93, 93-1, and 93-2
to remain under seal.
TO ISSUE LETTERS ROGATORY
deposition may be taken in a foreign country “under a
letter of request, ” such as a letter rogatory.
Fed.R.Civ.P. 28(b)(1)(B). “A letter of
request…may be issued: (A) on appropriate terms after
an application and notice of it; and (B) without a showing
that taking the deposition in another manner is impracticable
or inconvenient.” Fed.R.Civ.P. 28(b)(2).
Court finds that issuing a letter rogatory is justified in
this case. TPOV 16 has made a showing that Trevor James has
relevant information in this case. The proposed Request for
International Judicial Assistance (Letter Rogatory) contains
the necessary and appropriate terms. In addition, by filing a
non-opposition to the motion, Paris has consented to the
motion. LR 7-2(d).
and for good cause shown, IT IS ORDERED that TPOV 16's
Motion for the Issuance of Letters Rogatory (ECF No. 92) and
Motion to Seal Exhibits in Support of Plaintiff s Motion for
the Issuance of Letters Rogatory (ECF No. 94) are GRANTED.
Attached to this Order is the proposed Request for
International Judicial Assistance (Letter Rogatory) signed by
Magistrate Judge Ferenbach.
FOR INTERNATIONAL JUDICIAL ASSISTANCE
Appropriate Judicial Authority of the United Kingdom:
United States District Court of Nevada presents its
compliments to the appropriate judicial authority of the
United Kingdom, and requests international judicial
assistance to obtain evidence through oral testimony to be
used in a civil proceeding before this court in ...