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In re For Mutual Assistance of Harju County Court, Estonia

United States District Court, E.D. California

June 30, 2016

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 ...


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