Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

LLC v. Paris Las Vegas Operating Company, LLC

United States District Court, D. Nevada

April 8, 2019

TPOV ENTERPRISES 16, LLC, Plaintiff,
v.
PARIS LAS VEGAS OPERATING COMPANY, LLC, Defendant. And all related matters.

          ORDER MOTION TO ISSUE LETTERS ROGATORY [ECF NO. 92], AND MOTION TO SEAL [ECF NO. 94]

          CAM FERENBACH UNITED STATES MAGISTRATE JUDGE

         Before 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.

         This 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. (Id.).

         TPOV 16 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).

         MOTION TO SEAL

         “Courts 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.”

         The 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.

         MOTIONS TO ISSUE LETTERS ROGATORY

         A 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).

         The 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).

         ACCORDINGLY, 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.

         REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE

         To the Appropriate Judicial Authority of the United Kingdom:

         The 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.