United States District Court, E.D. California
IN RE FOR THE MUTUAL ASSISTANCE OF HARJU COUNTY COURT, ESTONIA, Petitioner.
ORDER APPOINTING UNITED STATES ATTORNEY VICTORIA L.
BOESCH AS COMMISSIONER AND COMPELLING DISCOVERY FROM THOMAS
EMANUEL PACHECO (ECF No. 1)
On May
4, 2016, an application for an order appointing a
commissioner and compelling discovery was filed by the United
States in the Sacramento Division of the Eastern District of
California. (ECF No. 1.) On June 29, 2016, the matter was
transferred to the Fresno Division of the Eastern District of
California to be decided by the undersigned. Local Rule
302(c)(2).
At the
request of the Estonian Ministry of Judge for the District
Court in Harju County, Estonia, pursuant to the Convention on
the Taking of Evidence Abroad in Civil or Commercial Matters
(the “Hague Convention”), the United States
requests this Court appoint Assistant United States Attorney
Victoria L. Boesch as a commissioner and compel Thomas
Emanuel Pacheco to provide testimony for use in a dissolution
of marriage proceeding in Harju County Court, Estonia.
(Request for International Assistance Pursuant to the Hague
Convention of 18 March 1970 on the Taking of Evidence in
Civil or Commercial Matters, ECF No. 1-1 at
5-7.[1]) Mr. Pacheho has been contacted and
requested to provide such testimony voluntarily and has
refused to do so. (Victoria L. Boesch Declaration Supporting
Application for Order Appointing Commissioner and Compelling
Discovery Pursuant to 28 U.S.C. § 1782, ECF No. 1-1 at
1-3.)
Pursuant
to the Hague Convention a letter of request shall specify -
a) the authority requesting its execution and the authority
requested to execute it, if known to the requesting
authority;
b) the names and addresses of the parties to the proceedings
and their representatives, if any;
c) the nature of the proceedings for which the evidence is
required, giving all necessary information in regard thereto;
d) the evidence to be obtained or other judicial act to be
performed.
Where appropriate, the Letter shall specify, inter alia -
e) the names and addresses of the persons to be examined;
f) the questions to be put to the persons to be examined or a
statement of the subject-matter about which they are to be
examined;
g) the documents or other property, real or personal, to be
inspected;
h) any requirement that the evidence is to be given on oath
or affirmation, and any special form to be used;
i) any special method or procedure to be followed under
Article 9.
(Convention on the Taking of Evidence Abroad in Civil or
Commercial Matters, Chapter 1, Article 3, Oct. 7, 1972, 23
U.S.T. 2555, T.I.A.S. No. 7444, 1972 WL 122493, attached at
ECF No. 1-1 at 12-19.) The letter of request received
complies with the requirements ...