Mewawalla v. Middleman
- Edward Chen
- 3:21-cv-09700
- U.S. District Court · Northern District of California
- 2
In Mewawalla v. Middleman, Judge Chen granted defendants’ request to obtain testimony from witnesses in Germany through a court-issued international request.
The order permits defendants to seek testimony from representatives of Engel Volkers AG, EV Digital GMbH, and Grundwerk Legal in Germany; it concerns discovery relevant to Rahul Mewawalla’s damages claim.
What happened
In Mewawalla v. Middleman, defendants asked the court to issue a formal request for assistance in obtaining testimony from witnesses in Germany. The request concerned information relevant to plaintiff Rahul Mewawalla’s claimed $19.2 million in lost wages.
The court found that the requested testimony was relevant to the employment discussions involving Engels & Volkers and that the request was narrowly written. It granted defendants’ motion and directed the clerk to issue the request for testimony from representatives of Engel Volkers AG, EV Digital GMbH, and Grundwerk Legal.
Judge Edward Chen decided the motion based on the written submissions because the fact-discovery deadline was close. The order also disposed of defendants’ separate request to shorten the hearing schedule, but the opinion does not state a separate grant or denial for that request.
The detailed version
- Mewawalla v. Middleman · No. 3:21-cv-09700
- Edward Chen
- Mar. 20, 2023
Background
Defendants Stanley C. Middleman and others moved for issuance of letters rogatory, which are formal requests from one court asking a foreign court or tribunal to help obtain evidence. Their request included a proposed Letter of Request for international judicial assistance under the Hague Convention. Defendants also filed an administrative motion to shorten the time for hearing the request.
The proposed request sought oral testimony from witnesses connected with companies in Germany. Plaintiff Rahul Mewawalla sought $19.2 million in lost-wage damages based on his allegation that he turned down a CEO or consultant position with the real estate company Engels & Volkers in Hamburg, Germany, to work for Freedom Mortgage. The court stated that employees of Engels & Volkers and Mewawalla’s Grundwerk Legal representative likely had relevant information about the value of the proposed contract, whether it was ready for signature, and whether the company later withdrew the offer.
Court’s Analysis
The court explained that Federal Rule of Civil Procedure 28(b) permits depositions in foreign countries through several methods, including an applicable treaty or convention and a letter of request. It also noted that a letter rogatory under the Hague Convention is an appropriate method for obtaining discovery from a nonparty witness in a foreign country.
The court found that the requested evidence was relevant under Federal Rule of Civil Procedure 26(b), which permits discovery of nonprivileged information relevant to a claim or defense. It further stated that the opposing party must show a good reason to deny a request for a letter rogatory. Although Mewawalla had not yet filed opposition briefing, the court found no good reason to delay or prevent defendants from obtaining the testimony.
Ruling
The court granted defendants’ Motion to Issue the Letter of Request. It instructed the clerk to issue the request for oral testimony from corporate representatives of (1) Engel Volkers AG, (2) EV Digital GMbH, and (3) Grundwerk Legal. The court decided the motion on the briefing because only seven days remained between the scheduled hearing date and the fact-discovery deadline. The order states that it disposed of Docket Nos. 65 and 69. The opinion does not separately state whether Docket No. 69 was granted or denied.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.