Opinion
2:23-mc-00191-SB-PD
02-21-2024
IN RE APPLICATION OF MURCHINSON LTD., APPLICANT, FOR AN PURSUANT TO 28 U.S.C. § 1782 TO TAKE DISCOVERY FOR USE IN A FOREIGN PROCEEDING, Applicant.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Stanley Blumenfeld, Jr. United States District Judge
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Application by Murchinson Ltd. For An Order Pursuant To 28 U.S.C. § 1782 to Take Discovery For Use In A Foreign Proceeding (the “Application”), the records on file, and the Report and Recommendation of United States Magistrate Judge (the “Report”). No objections to the Report were filed.
The Court accepts and adopts the findings and recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED as follows:
(1) The Application is granted.
(2) Applicant Murchinson Ltd. may issue and serve the Subpoena attached as Exhibit A to the Declaration of Kevin Jackson, Docket No. 1-2 at 5-13 (the “Subpoena”), on The Donerail Group LLP (“Donerail”).
(3) This Order is without prejudice to Donerail or any other person affected by the Subpoena contesting the Subpoena as permitted by the Federal Rules of Civil Procedure. Donerail or any person contesting the Subpoena shall have thirty (30) calendar days from the date of service of the Subpoena to file any motion in this Court to contest it, which date may be extended by agreement of the parties or order of the Court. To allow for such motions, the return date on the Subpoena must be set at least thirty-one (31) calendar days after the date of its service. Donerail's obligation to respond to the Subpoena is automatically stayed upon the filing of any motion contesting the Subpoena and such stay shall remain in effect until such motion is resolved. In this regard, Donerail and any person contesting the Subpoena are reminded of their obligation to comply with Central District of California Local Civil Rule 37 and Magistrate Judge Donahue's discovery dispute resolution process before resorting to motion practice in connection with the Subpoena. See C.D. Cal. L.R. 37; http://www.cacd.uscourts.gov/honorable-patricia-donahue; and
(4) Applicant Murchinson shall serve a copy of the Report and this Order on Donerail together with service of the Subpoena.