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S&W Forest Products Ltd. v. Shake

United States District Court, W.D. Washington, Seattle

October 1, 2019

S&W FOREST PRODUCTS, LTD., a British Columbia corporation, Plaintiff,
v.
CEDAR SHAKE & SHINGLE BUREAU, a Washington nonprofit corporation; WALDUN FOREST PRODUCTS LTD., a British Columbia corporation; and ANBROOK INDUSTRIES LTD., a British Columbia corporation, Defendants.

          Larry S. Gangnes, Heidi B. Bradley, Jessica N. Walder, Joseph D. Adamson, Attorneys for Defendant, Cedar Shake & Shingle Bureau

          ORDER GRANTING CEDAR SHAKE & SHINGLE BUREAU'S MOTION FOR LETTERS ROGATORY RE WITNESSES WAYNE ROURKE AND DAVID MOONEY

          Marsha J. Pechman United States Senior District Judge.

         Upon consideration of Defendant Cedar Shake & Shingle Bureau's Motion For Letters Rogatory Re Witness David Mooney, the Court finds as follows:

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

         The Court, having reviewed the submitted material and relevant authority, and therefore being fully informed, GRANTS Cedar Shake & Shingle Bureau's Motion For Letters Rogatory Re Witness David Mooney and will execute the Letters Rogatory without delay.

         IT IS SO ORDERED.

         REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) RE DAVID MOONEY

         I. INTRODUCTION

         The United States District Court for the Western District of Washington presents its compliments to the Supreme Court of British Columbia, and requests international judicial assistance to obtain evidence to be used in a civil proceeding before this Court in the above-captioned matter. The evidence may be used at the trial on this matter, presently scheduled for May 11, 2020 in Seattle, WA, USA. Discovery is now in progress, with a fact discovery deadline of December 13, 2019.

         The United States District Court for the Western District of Washington is the competent court of law and equity over this matter, with power to compel the attendance of witnesses, and has jurisdiction over this matter under 28 U.S.C. § 1331 and 1337. This Court is authorized to request depositions and the production of documents abroad by Letters Rogatory by 28 U.S.C. § 1781(b)(2). This Court may grant reciprocal assistance by the enforcement of Letters Rogatory of the Canadian Courts through its authority under 28 U.S.C. § 1782.

         II. ASSISTANCE REQUESTED

         This Court has reviewed the Motion for issuance of Letters Rogatory filed by Defendant Cedar Shake & Shingle Bureau and requests the assistance described herein as necessary in the interests of justice and for the preservation of testimony at trial.

         A. Appearance at Oral Examination

         This Court requests that the Supreme Court of British Columbia compel David Mooney, who is a non-party witness to the issues in the underlying litigation and resides in Sorrento, British Columbia, to appear for a full oral examination and cross-examination under oath by counsel for the Defendant Cedar Shake & Shingle ...


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