Bluestar Genomics v. Song

Background

Bluestar Genomics and Chunxiao Song jointly submitted a stipulation concerning a Letter of Request under the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Song had disclosed witnesses located in the United Kingdom who allegedly had relevant information and documents. Bluestar sought documents and testimony from Xin Lu, Skirmantas Kriaucionis, Vincent Smith, and Paulina Siejka-Zielinksa, stating that it could not obtain the evidence by other means.

The parties cited 28 U.S.C. §§ 1781 and the Hague Convention as authority for transmitting a request from a United States court to a foreign judicial authority. They identified the Senior Master of the Royal Courts of Justice in London as the United Kingdom’s designated central authority for receiving Letters of Request. Bluestar agreed to pay the fees and costs of carrying out the request, and Song did not intend to oppose its issuance.

Ruling

Judge Jon S. Tigar ordered the stipulation approved by stating, “Pursuant to Stipulation, IT IS SO ORDERED.” The order directed that the Letter of Request be issued and that Bluestar’s counsel arrange for filing the order and letter with the Senior Master of the Royal Courts of Justice for the Foreign Process Section. This was a discovery-related order and did not resolve the merits of the case.