In re: Time Inc, et al

* Judge of United States Court of International Trade, sitting by
designation.
** Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 99-31284
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In the matter of: TIME INC, An Order Issuing Subpoenas for the
Taking of Depositions And The Production of Documents for Use In
the Central Jakarta District Court, Indonesia,
Plaintiff,
JAMES R MOFFETT; FREEPORT MCMORAN COPPER AND GOLD INC,
Appellants.
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Appeal from the United States District Court
for the Eastern District of Louisiana
(99-MC-2916-C)
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February 4, 2000
Before POLITZ and DAVIS, Circuit Judges and RESTANI, Judge.*
PER CURIAM:**
In this appeal, we consider James Moffett’s challenge to the
district court’s order requiring him to give deposition testimony
pursuant to 28 U.S.C. § 1782. Moffett principally argues that the
magistrate judge erred in not requiring Time, Inc. to show that the
discovery materials they sought in federal court were also
discoverable in Indonesia. Alternatively, Moffett argues that the
magistrate judge should have given more weight to the fact that
Indonesian courts do not permit discovery.

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We find no abuse of discretion in the district court’s general
approach to the issues in this case. The district court properly
took the question of whether Moffett’s testimony would be
discoverable in Indonesia into account as one of the factors to be
considered before issuing a subpoena pursuant to 28 U.S.C. § 1782.
We decline to engage in fine-tuning with respect to whether the
district court should have given more weight to this consideration.
We therefore affirm the district court order with one
modification: in addition to the seven hour time limitation
imposed by the magistrate judge, we conclude that Time’s questions
should be limited in scope to inquiries directly related to the
four allegations contained in General Suharto’s complaint.
AFFIRMED as Modified.

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