STANLEY A. BOONE, Magistrate Judge.
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.
Pursuant to the Hague Convention a letter of request shall specify —
(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 of Article 3 of the Hague Convention. (See ECF No. 1-1 at 5-10.)
Under section 1782 of the United States Code, a district court may order a person residing in or found with its jurisdiction to give testimony or produce documents for use in a proceeding in a foreign or international tribunal. 28 U.S.C. § 1728(a);
In exercising its discretion, the court should consider the following factors: (1) whether "the person from whom discovery is sought is a participant in the foreign proceeding"; (2) "the nature of the foreign tribunal, the character of the proceedings underway abroad, and the receptivity of the foreign government or the court or agency abroad to U.S. federal-court judicial assistance"; (3) whether the discovery request is "an attempt to circumvent foreign proof-gathering restrictions or other policies of a foreign country or the United States"; and (4) whether the discovery requested is "unduly intrusive or burdensome."
Petitioner has met the minimum requirements of section 1782. Mr. Pacheco resides in Los Banos, California, which is within this district. The discovery requested is for use in the dissolution of marriage proceeding in the District Court in Harju County, Estonia which qualifies as a foreign tribunal. It is the foreign tribunal that is requesting assistance in conducting discovery in the matter before it. The foreign tribunal has sent a letter of request pursuant to the Hague Convention.
Section 1782 provides that the Court "may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement." 28 U.S.C. § 1728(a). The Court finds that good cause exists to exercise its discretion to authorize the requested discovery and appoint Assistant United States Attorney Victoria L. Boesch as a commissioner to obtain the testimony of Mr. Pacheco.
Mr. Pachco is a party to the dissolution of marriage proceeding in the Estonian lawsuit. The Estonian Ministry of Judge for the District Court in Harju County, Estonia is seeking the discovery which demonstrates that the Estonian Court is receptive to the discovery sought and this is not an attempt to circumvent any foreign restrictions related to the discoverability of the requested information. Finally, the requested information is not unduly burdensome or intrusive. The District Court in Harju County, Estonia seeks an answer regarding:
(ECF No. 1-1 at 10.
Based on the foregoing, IT IS HEREBY ORDERED that pursuant to 28 U.S.C. § 1782, Assistant United States Attorney Victoria L. Boesch is appointed as commissioner and is authorized to issue subpoenas reasonably necessary to compel Thomas Emanuel Pacheco to provide testimony and information for use in a judicial proceeding in the Harju County Court, Estonia.