Dalrada Financial Corporation et al v. Bonar et al

1
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
DALRADA FINANCIAL CORPORATION, a
Wyoming corporation; DEPOSITION
TECHNOLOGY LTD., a United Kingdom
company and wholly owned subsidiary of
Dalrada Financial Corp.,
Plaintiffs,
v.
WILLIAM IAN MARTIN BONAR, as an
individual and in his official capacity; and
DOES 1 through 50, inclusive,
Defendants.
Case No.: 24-cv-2166-BTM-BLM
ORDER GRANTING IN PART
PLAINTIFFS’ MOTION FOR ISSUANCE
OF LETTER OF REQUEST FOR
INTERNATIONAL JUDICIAL
ASSISTANCE PURSUANT TO THE HAGUE
CONVENTION ON TAKING EVIDENCE
ABROAD
[ECF No. 67]
Currently before the Court is Plaintiffs’ Motion for Issuance of Letter of Request for
International Judicial Assistance Pursuant to the Hague Convention on Taking Evidence Abroad
(“Motion”) [ECF No. 67], and Defendant’s Opposition to Plaintiffs’ Motion (“Opposition”) [ECF No.
70]. For the reasons set forth below, Plaintiffs’ motion to issue a letter of request is GRANTED
IN PART.
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 1 of 14

2
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I. 	Factual and Procedural Background
On November 19, 2024, Plaintiffs initiated this action by filing a complaint against
Defendant William Bonar and other defendants including Ian Robert Mackenzie and Samantha
Mackenzie (“Compl”). ECF No. 1. On July 16, 2025, District Judge William Q. Hayes dismissed
all defendants other than William Bonar for “lack of personal jurisdiction.” ECF No. 29. Plaintiffs
filed their First Amended Complaint on September 25, 2025 (“FAC”). ECF No. 48. In the FAC,
Plaintiffs 	asserted 	thirteen 	causes 	of 	action, 	including 	breach 	of 	fiduciary 	duty, 	tortious
interference 	with 	contractual 	relations, 	tortious 	interference 	with 	business 	relations,
misappropriation of trade secrets, and conspiracy to misappropriate trade secrets. ECF No. 48.
On February 12, 2026, Plaintiffs filed this instant Motion, seeking “authorization to obtain oral
deposition testimony under oath from two non-party witnesses” residing in the United Kingdom,
Ian Robert MacKenzie and Samantha MacKenzie, and to inspect certain documents. ECF No. 67;
ECF No. 67-1, at 13, 17, 19. The Court set a briefing schedule on February 13, 2026. ECF No.
68. Defendant timely filed his Opposition. See ECF No. 70. Plaintiffs did not file a Reply. See
Docket.
A. Plaintiffs’ Motion
In their letter of request, Plaintiffs state that they seek sworn testimony from Ian Robert
MacKenzie regarding the following topics:
(1) His knowledge of William Ian Martin Bonar's past and current business
ventures, including but not limited to any client lists and details of products
currently being sold by William Ian Martin Bonar.
(2) Communications between him and William Ian Martin Bonar regarding the
Plaintiffs, the Plaintiff's products and the Plaintiff' employees when under William
Ian Martin Bonar’s supervision[.]
(3) His role in Wafer Fab Solutions Ltd and Semicon Solutions Ltd[.]1
1 These are allegedly Defendant’s new companies registered in the United Kingdom. See Motion,
at 6; Declaration of Fletcher A. Robbe in Support of Motion for Issuance of Letter of Request
Pursuant to the Hague Convention (“Robbe Decl”), ECF No 67-1, at 3.
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 2 of 14

3
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(4) The dates William Ian Martin Bonar began operations of his new companies,
Wafer Fab Solutions Ltd and Semicon Solutions Ltd.
(5) His knowledge of the technology being used and sold by William Ian Martin
Bonar.
ECF No. 67-1, at 17.
Plaintiffs state that they seek sworn testimony from Samantha MacKenzie regarding the
following topics:
(1) Her knowledge of William Ian Martin Bonar’s past and current business
ventures, including but not limited to any client lists and details of products
currently being sold by William Ian Martin Bonar.
(2) Communications between her and William Ian Martin Bonar regarding the
Plaintiffs, the Plaintiff's products and the Plaintiffs' employees when under William
Ian Martin Bonar's supervision[.]
(3) Her role in Wafer Fab Solutions Ltd and Semicon Solutions Ltd[.]
(4) The dates William Ian Martin Bonar began operations of his new companies,
Wafer Fab Solutions Ltd and Semicon Solutions Ltd.
(5) Her knowledge of the technology being used and sold by William Ian Martin
Bonar.
ECF No. 67-1, at 19.
Plaintiffs also request to inspect the following documents:
Any and all documentation and communications, email or otherwise, regarding
IP/technology since inception of the agreements in question to present.
ECF No. 67-1, at 13.
Plaintiffs argue that the requested information is relevant and necessary because: 1) it
directly relates to identifying the technology being used in Defendant’s company and whether
Defendant’s current clients were or are Plaintiffs’ clients; and 2) it shows whether Defendant
now uses Plaintiffs’ technology. Motion at 7. Plaintiffs state that the two witnesses were “former
employees and directors of Plaintiffs’ companies and worked with Defendant [] at all times
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 3 of 14

4
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
relevant to these proceedings,” and “are now working with Defendant [] in his newly established
company in the UK,” and as such “possess firsthand knowledge of material events” such as
technology designs, products being sold by Defendant, and “documents taken from Plaintiffs’
company location in UK [including client lists and engineering schematics].” Motion at 7. Plaintiffs
also allege that Ian Robert Mackenzie is now in partnership with Defendant in a new company
registered in the United Kingdom, Wafer Fab Solutions, Ltd., and Plaintiffs believe and allege
that Plaintiffs’ technology is being used without permission or authority. Id. at 6. Plaintiffs assert
without explanation or support that the information sought is not unduly burdensome. Id. at 8.
B. Defendant’s Opposition
Defendant opposes both the deposition requests and the request to obtain documents.
First, with regard to the deposition requests, Defendant argues that Plaintiffs are attempting to
circumvent this Court’s jurisdictional ruling and obtain pre-trial discovery, which is not permitted
in the United Kingdom. 	Opposition at 2, 10-13. 	Second, Defendant argues that all three
discovery requests are overbroad and unduly burdensome and should not be permitted under
federal law, the Hague Convention, or United Kingdom law. 	Id. at 2, 5-7, 13-14. 	Third,
Defendant contends that the requested information is equally available from Defendant and
therefore Plaintiff should not be allowed to seek the information from these non-parties. Id. at
2, 7-8. 	Finally, Defendant raises several additional concerns that he believes the Court should
consider and that support his opposition. Id. at 8-9, 11-13.
II. 	Legal Standard
Federal Rule of Civil Procedure 28(b) and 28 U.S.C. § 1781(b)(2) authorize federal courts
to issue letters rogatory (or letters of request) that enable a litigant in the United States to obtain
non-party discovery from a foreign entity. See Wadeea v. Mercedes-Benz USA, LLC, 2025 WL
2417180, at *2 (S.D. Cal. Aug. 21, 2025); Viasat, Inc. v. Space Sys./loral, Inc., 2013 WL
12061801, at *2 (S.D. Cal. Jan. 14, 2013). A letter rogatory is a formal written request sent by
a court to a foreign court. Wadeea, 2025 WL 2417180, at *2. “The issuing court does not need
jurisdiction over the party from whom discovery is sought because it cannot compel compliance
with the letters rogatory. Instead, it makes a request of the foreign court, which maintains the
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 4 of 14

5
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
authority to enforce the letters rogatory or not.” 	McCarthy v. Johnson, 640 F. Supp. 3d 69, 77
(D.D.C. 2022) (quoting Lantheus Med. Imaging, Inc. v. Zurich Am. Ins. Co., 841 F. Supp. 2d
769, 782 (S.D.N.Y. 2012)).
When determining whether to exercise its discretion to issue a letter rogatory, a court
generally will not weigh the evidence sought from the discovery request, nor will it attempt to
predict whether that evidence will actually be obtained. Viasat, 2013 WL 12061801, at *2;
Gardner Denver, Inc. v. Accurate Air Eng'g, Inc., 2024 WL 6885484, at *2 (C.D. Cal. July 12,
2024). 	Rather, a court’s decision whether to issue a letter rogatory requires an application of
Federal Rule of Civil Procedure 28(b) in light of the scope of discovery provided for by the Federal
Rules of Civil Procedure. Wadeea, 2025 WL 2417180, at *2; Viasat, 2013 WL 12061801, at *2.
Routinely courts issue letters rogatory where the moving party demonstrates that the discovery
sought is “consistent with the liberal discovery provisions of Rule 26.” Wadeea, 2025 WL
2417180, at *3 (quoting Viasat, 2013 WL 12061801, at *3); see Walther-Meade v. Leidos, Inc.,
2023 WL 3224960, at *2 (S.D. Cal. May 3, 2023); see also United States v. Van Avermaet, 2024
WL 3835320, at *1 (D.D.C. Aug. 15, 2024) (“The standard for issuance of a letter rogatory is
the same as if the evidence were located in the United States.”).
Rule 26 provides that “parties may obtain discovery regarding any non-privileged matter
that is relevant to any party's claim or defense and proportional to the needs of the case,
considering the importance of the issues at stake in the action, the amount in controversy, the
parties' relative access to relevant information, the parties' resources, the importance of the
discovery in resolving the issues and whether the burden or expense of the proposed discovery
outweighs its likely benefit.” Fed. R. Civ. P. 26(b)(1). The scope of discovery under the Federal
Rules applies equally to parties and nonparties. See Fed. R. Civ. P. 45; Wadeea, 2025 WL
2417180, at *2. Generally, the party resisting discovery carries the burden to show that
“discovery should not be allowed, and has the burden of clarifying, explaining, and supporting
its objections.” Mahil v. Option Care Enters., Inc., 2021 WL 2550084, at *3 (S.D. Cal. June 21,
2021); see Upper Deck Int'l B.V. v. Upper Deck Co., 2013 WL 3746086, at *2 (S.D. Cal. July 12,
2013) (“The party resisting discovery generally bears the burden to show that the discovery
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 5 of 14

6
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
requested is irrelevant to the issues in the case or is overly broad, unduly burdensome,
unreasonable, or oppressive.”).
In addition to determining whether the requested discovery falls within the bounds of
Rule 26, courts “can also consider a five-factor comity analysis.” Wadeea, 2025 WL 2417180, at
*2. The five comity factors are:
1. 	The importance to the litigation of the of the documents or other information
requested;
2. 	The degree of specificity of the request;
3. 	Whether the information originated in the United States;
4. 	The availability of alternative means of securing the information; and
5. 	The 	extent 	to 	which 	noncompliance 	with 	the 	request 	would 	undermine
important interests of the United States, or compliance with the request would
undermine important interests of the state where the information is located.
Societe Nationale Industrielle Aerospatiale v. U.S. Dist. Ct. for S. Dist. of Iowa, 482 U.S. 522,
544 n. 28 (1987).
Consideration of the comity factors is not required. See id. at 539-40 (holding that
discovery using a letter of request pursuant to the Hague Convention is optional and that a
district court can “order discovery under the Federal Rules of Civil Procedure”); see also Scalia
v. Int'l Longshore & Warehouse Union, 337 F.R.D. 281, 288 (N.D. Cal. 2020) (refusing to analyze
the comity factors and analyzing the issuance of letters rogatory solely under the Federal Rules
of Civil Procedure) (citing Societe Nationale, 482 U.S. at 544); see, e.g., Omnitracs, LLC v.
Platform Sci., Inc., 2023 WL 2626273, at *1 (S.D. Cal. Mar. 24, 2023) (granting a letter of
request because the discovery sought was “within the scope of Rule 26(b)” without comity
analysis); Upper Deck, 2013 WL 3746086, at *1 (granting a letter of request to depose and
request documents from third-party witnesses without comity analysis and instead analyzing
solely under Federal Rules).
III. 	Discussion
A. Depositions
The first issue is whether the requested information is authorized by Rule 26 and the
Court finds that it is. Plaintiffs describe the topics they want to discuss during Ian and Samantha
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 6 of 14

7
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MacKenzie’s depositions as follows: (1) his or her knowledge of Defendant’s past and current
business ventures, including but not limited to any client lists and details of products currently
being sold by Defendant; (2) communications between him or her and Defendant regarding the
Plaintiffs, 	the 	Plaintiff's 	products 	and 	the 	Plaintiffs' 	employees 	when 	under 	Defendant's
supervision; (3) his or her role in Wafer Fab Solutions Ltd. and Semicon Solutions Ltd.; (4) the
dates Defendant began operations of his new companies, Wafer Fab Solutions Ltd and Semicon
Solutions Ltd.; and (5) his or her knowledge of the technology being used and sold by Defendant.
ECF No. 67-1, at 17, 19. Plaintiffs provide illustrative questions for each witness. Id. at 17-20.
Plaintiffs declare that the MacKenzies “possess first-hand knowledge of material facts, including
their knowledge of Defendant William Bonar's past and current business ventures, including but
not 	limited 	to 	any 	client 	lists 	and 	details 	of 	products 	currently 	being 	sold 	by 	Bonar;
communications between these witnesses and Defendant Bonar regarding the Plaintiffs, the
Plaintiff’s products and the Plaintiffs' employees when under Defendant Bonar's supervision;
their role in Wafer Fab Solutions Ltd and Semicon Solutions Ltd; the dates Defendant Bonar
began operations of his new companies, Wafer Fab Solutions Ltd and Semicon Solutions Ltd;
and their knowledge of the technology being used and sold by Bonar.” Robbe Decl, ECF No 67-
1, at 2-3.
Defendant asserts that Plaintiffs’ requests are overbroad but he inexplicably fails to
address the deposition topics set forth in Plaintiffs’ request. See Opposition. Rather, Defendant
focuses on the “undefined or unspecified alleged trade secrets”2 and corporate books, opines
that “[t]his description [of the trade secrets] does not explain why these categories of
information are important to the Plaintiffs and their business,” and concludes that “one is left
2 Defendant argues that “[t]o prove ownership of a trade secret, Plaintiffs must identify the trade
secrets and carry the burden of showing they exist,” citing a Ninth Circuit case dealing with
whether there was a genuine issue of material fact in the context of granting a summary
judgment motion. Opposition at 7. This argument is irrelevant to this Motion and also ignores
the fact that trade secrets are at issue in only two of the thirteen alleged causes of action (Count
VIII: Misappropriation of Trade Secrets and Count IX: Conspiracy to Misappropriate Trade
Secrets). See FAC.
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 7 of 14

8
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
guessing as to what information Plaintiffs seek from these two individuals and whether these
two foreign nationals even possess this information.” Id. at 5-6. 	Notably, Defendant does not
dispute the relevancy of the actual deposition topics set forth in Plaintiffs’ request. See
Opposition.
Defendant also does not address the information set forth in Mr. Robbe’s declaration
regarding the knowledge of the deponents with regard to the deposition topics and does not
provide any evidence disputing that declaration. Id. 	Instead, Defendant merely surmises that
“there is the issue of how each of these intended third party witnesses could even provide
relevant information based on their roles with the company (e.g., Samantha Mackenzie’s role
with the foreign subsidiaries was that of a secretary and a financial administrator) and extent of
their knowledge of Defendant Bonar’s communications.” Id. at 12-13. 	Defendant’s failure to
address the MacKenzies’ experience and knowledge and the actual deposition topics undercuts
Defendant’s argument that the requests are overbroad and the proposed deponents do not have
sufficient 	knowledge. 	Defendant 	also 	does 	not 	dispute 	the 	proportionality 	of 	the 	actual
deposition topics. See Opposition.
Despite Defendant’s stated concerns about the scope of the MacKenzies’ knowledge and
relevance of the deposition topics or questions, Defendant identified both Ian and Samantha
MacKenzie as potential trial witnesses. Robbe Decl, ECF No. 67-1, at 3. Moreover, based upon
the briefing presented to the Court, it is undisputed that the two witnesses possess pertinent
knowledge of facts relevant to this litigation as they were former employees of Plaintiffs or
entities purchased by Plaintiffs during time periods relevant to this case and Ian MacKenzie
currently is in a partnership with Defendant that Plaintiffs allege uses Plaintiffs’ technology. Id.
at 2-3. As the party resisting discovery, Defendant fails to carry his burden to show that the
MacKenzies cannot provide relevant information. See Mahil, 2021 WL 2550084, at *3; Upper
Deck, 2013 WL 3746086, at *2.
The Court also finds that the deposition topics are relevant because they directly relate
to the allegations made by Plaintiffs. 	See Scherer v. FCA US, LLC, 538 F. Supp. 3d 1002, 1005
(S.D. 	Cal. 	2021) 	([T]he 	allegations 	in 	a 	complaint 	generally 	dictate 	what 	evidence 	is
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 8 of 14

9
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
discoverable”). For example, in Count IV (Tortious Interference with Contractual Relations),
Plaintiffs allege that “Defendant left the company taking Plaintiff’s client list with him.” FAC at
18. In Count VII (Tortious Interference with Business Relations-Harassment), Plaintiffs allege
that Defendant “contact[ed] Plaintiffs business associates, board of directors, shareholders and
employees 	in 	an 	effort 	to 	spread 	th[e] 	false 	information.” 	FAC 	at 	20. 	In 	Count 	VIII
(Misappropriation of Trade Secrets), Plaintiffs allege that “Defendants William, along with
another former employee and director opened up another company (Wafer Fab Solutions Ltd.)
in direct competition with Plaintiffs and are using Plaintiffs’ proprietary information without
consent,” 	and 	“disclosed 	[Plaintiffs’] 	trade 	secrets 	to 	other 	parties 	for 	the 	purpose 	of
misappropriation.” Id. at 21. Plaintiffs also allege that Defendant “took with him all proprietary
information, including but not limited to, drawings and schematics of Plaintiffs’ EVOS machines”
and “is now using this proprietary information to build these machines for their own company.”
Id. at 22.
Accordingly, the Court finds that the evidence sought through the proposed depositions
is relevant and proportional as required by Rule 26, and thus grants Plaintiffs’ motion for issuance
of a letter of request to depose both Ian and Samantha MacKenzie.
The second issue the Court may consider is the comity factors identified by the Supreme
Court in Societe Nationale, 482 U.S. at 544 n. 28. 	While the Court is not required to consider
these factors, the Court has and finds they also support issuing the letter of request to depose
Ian and Samantha MacKenzie. First, for the reasons set forth above, the requested information
is relevant and important to this case because it directly relates to Plaintiffs’ claims in its
amended complaint. 	Similarly, the requests are specific and not overbroad. Thus, the first and
second factors weigh in favor of issuing the letter of request.
With regard to the third factor, the Court finds that the requested information likely did
not originate in the United States because the MacKenzies live in the United Kingdom and the
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 9 of 14

10
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
new companies are in United Kingdom.3 As such, the third factor weighs against granting the
motion.
Next, Plaintiffs establish that there are no alternative means of securing the requested
information. Plaintiffs declare that the witnesses are not subject to compulsory process in the
United States [Robbe Decl, ¶¶ 5-6] and as noted by both parties, the Distrct Judge dismissed
them from this case due to lack of personal jurisdiction. Defendant asserts “the information can
be obtained through less intrusive means, such as direct discovery from a defendant over whom
the Plaintiffs allege the court already has jurisdiction” and that Defendant can “produce the
documents and provide the testimony making the letters of request to Ian Rob Mackenzie and
Samantha Mackenzie unnecessary”. Opposition at 7. 	While the requests may be duplicative in
whole or in part, Defendant apparently has not produced the desired discovery4 and in any
event, Plaintiffs have the “right to verify whether [Defendant's] information (once provided) is
3 With regard to Defendant’s concern that whether the letter of request to depose the witnesses
would be too “investigatory” for the UK courts to execute, the Court finds that “[s]uch a decision
is best left to the judicial authorities in the [UK].” See Pearlstein v. BlackBerry Ltd., 332 F.R.D.
117, 122 (S.D.N.Y. 2019), on reconsideration in part, No. 13CV07060CMKHP, 2019 WL 5287931
(S.D.N.Y. Sept. 20, 2019). Even if UK courts have denied letters rogatory for depositions as too
investigatory, “crafting a letter of request in compliance with the UK law is outside of the purview
of this Court,” and a letter of request is just a request of the foreign court, which maintains the
authority to enforce the letters rogatory or not. See Lantheus Med. Imaging, 841 F. Supp. 2d at
769, 782, 795 (S.D.N.Y. 2012) (“Whether Canadian law would limit enforcement of the amended
letters rogatory, in whole or in part, is a determination for the Ontario Court.”). Further,
Defendant’s request for this Court to predict how the United Kingdom courts will rule on the
discovery request contradicts existing case law, because the Court should not “attempt to predict
whether that evidence will actually be obtained” when deciding whether to issue a letter
rogatory. See Viasat, 2013 WL 12061801, at *2.
Regarding the hardship of the two witnesses, Defendant offers nothing more than the
inconvenience faced by any witness being deposed. Defendant provides no case law from the
United States holding that being dismissed as defendants constitutes a “good reason” to deny
an otherwise permissible letter of request.
4 Defendant states that “[i]f Plaintiffs can manage to specify what trade secrets are at issue with
the degree of specificity required, then Defendant Bonar could be in a position to produce the
documents and provide the testimony making the letters of request . . . unnecessary.”
Opposition at 7. Defendant also states that “Plaintiffs already have served identical requests on
Defendant Bonar and which he is in the process of providing responses.” Id.
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 10 of 14

11
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
accurate.” Walther-Meade, 2023 WL 3224960, at *4–5 (citing Fisher & Paykel Healthcare Ltd. v.
Flexicare Inc., 2020 WL 5900155, at *5 (C.D. Cal. Aug. 17, 2020)). Defendant has not provided
any case law supporting his argument that Plaintiffs should not be allowed to depose the
witnesses if Defendant has testified on the same topic. 	Accordingly, the Court finds that the
fourth factor weighs in favor of granting the motion.
Finally, the parties do not discuss how the issuing nation's (United States’) or the receiving
nation's (United Kingdom’s) interests will be affected in a manner that would weigh in favor or
against issuing the requested letter of request to depose the MacKenzies. 	While Defendant
states that the letter of request “is intended only to target former parties to this case and works
against the fair interests of both the United States and the United Kingdom,” he fails to provide
any facts or law that supports his statement. Opposition at 10. Similarly, Defendant states that
“[a]llowing a U.S. court to force testimony from a UK citizen, after the U.S. court has already
determined it lacks jurisdiction over them, is an overreach of authority that infringes on UK
judicial sovereignty.” Id. Again, Defendant provides no support for this statement. 	Hence, the
fifth factor is neutral.
Defendant argues that the Court should consider additional factors, all of which he argues
mitigate against Plaintiffs’ motion. 	Id. at 8-13. 	First, Defendant asserts that Plaintiffs served
their initial disclosures one day late and then failed to include the MacKenzies as third-party
witnesses and that therefore the Court should sanction Plaintiffs by denying this request. Id. at
8-9. Defendant acknowledges that this is not a factor identified by any court as one that should
be considered as part of a decision on a request for issuance of a letter rogatory. Id. The Court
notes that Fed. R. Civ. P. Rule 37(c)(1) merely states that “the party is not allowed to use that
[] witness to supply evidence on a motion, at a hearing, or at a trial,” not that a Court should
prohibit a party from conducting discovery. The Court finds that this is not a factor that should
be considered with regard to the pending motion and declines to consider it or impose the
requested sanction. 	Ramirez v. Zimmerman, 2019 WL 527462, at *3 (S.D. Cal. Feb. 8, 2019)
(citing Lanard Toys, Ltd. v. Novelty, Inc., 375 F. App'x 705, 713 (9th Cir. 2010) and David v.
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 11 of 14

12
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Caterpillar, Inc., 324 F.3d 851, 857 (7th Cir. 2003)) (a court has great discretion in imposing
discovery sanctions).
Second, Defendant cites Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468,
1475, 1477 (9th Cir. 1992), for the proposition that the following two additional factors should
be considered and weigh against the motion: 1) “[t]he fact that all the information to be
disclosed (and the people who will be deposed or who will produce the documents) is located
in a foreign country” and 2) the likelihood of compliance by the United Kingdom courts.
Opposition at 8, 10. Initially, the Court notes that the identified Richmark “factors [ ] are relevant
in deciding whether or not foreign statutes excuse noncompliance with discovery orders” but
are not relevant to the issuance of letters of rogatory. Richmark, 959 F.2d at 1474-78 (analyzing
whether “the order compelling discovery [and sanctioning the litigant for not complying with the
discovery order] should be upheld in spite of the [Chinese] secrecy statute . . . prohibit[ing] [a
litigant] from disclosing the information the district court ordered it to provide”). In addition, in
deciding whether to issue a letter rogatory, a court generally should not consider whether the
evidence will actually be obtained and whether the receiving country will enforce the request.
See Pearlstein, 332 F.R.D. at 122; Lantheus Med. Imaging, 841 F. Supp. 2d at 769, 782, 795;
Viasat, 2013 WL 12061801, at *2. Accordingly, the Court finds that Defendant has not
established that these factors are relevant to the pending motion and declines to consider them.
Since factors one, two, and four weigh in favor of issuing the letter of request to take the
depositions of Ian Robert MacKenzie and Samantha MacKenzie, factor five is neutral, and factor
three is against, the Court finds that the Societe Nationale comity factors also support granting
Plaintiffs’ motion for a letter of request to depose both individuals.
B. Request to Inspect Documents
Plaintiffs 	also 	seek 	a 	letter 	of 	request 	for 	“[a]ny 	and 	all 	documentation 	and
communications, email or otherwise, regarding IP/technology since inception of the agreements
in question to present.” 	ECF No. 67-1, at 13. Defendant argues that Plaintiffs’ request for
documents does not describe the documents sought with the required “reasonable particularity”
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 12 of 14

13
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
under Fed. R. Civ. P. Rule 34(b)(1)(A). Opposition at 6-7.5 Plaintiffs did not file a reply so they
did not address this argument. 	See Docket. 	In addition, neither the motion nor counsel’s
supporting declaration addresses the scope of the document request. See Motion; Robbe Decl,
ECF No. 67-1, at 2-4. 	Plaintiffs merely conclude that the requests are “narrowly tailored,”
“limited in scope and time,” and proportional to the needs of the case.” 	Motion at 7; Robbe
Decl, ECF No. 67-1, at 4.
Rule 34(b)(1)(A) requires a party to “describe with reasonable particularity each item or
category of items to be inspected.” Fed. R. Civ. P. 34(b)(1)(A). The test is whether a reasonable
person would know what documents or things are called for in the request. 	Baird v. Leidos,
Inc., 2022 WL 17824005, at *5 (S.D. Cal. Dec. 20, 2022). “[The] discovery rules do not allow a
requesting party to engage in the proverbial fishing expedition, in the hope that there might be
something of relevance.” Id. (quoting Mailhoit v. Home Depot U.S.A., Inc., 285 F.R.D. 566, 572
(C.D. Cal. 2012)).
The Court finds that the document request is not sufficiently particular and does not allow
a reasonable person to know what documents or things are called for by the request. The
request defines the relevant time frame of the requested documents as “since inception of the
agreements in question to present.” 	Plaintiffs do not define the phrase “agreements in
question.” 	Motion; 	ECF 	No. 	67-1. 	Plaintiffs 	also 	do 	not 	define 	the 	term 	“regarding
IP/technology” and the phrase is not limited in any way to the claims and defenses at issue in
this litigation. 	In addition, the term “documentation and communications, email or otherwise”
is not limited to individuals, companies, or technology involved in this litigation. 	As such, the
document request is impermissibly overbroad.
Accordingly, the Court denies the motion for issuance of a letter of request as to the
request to inspect documents.
5 As previously discussed, Defendant fails to address the specific document request and instead
focuses on trade secret law and applicable statutes. 	Opposition at 6-7. 	Despite this error, the
Court will consider Defendant’s lack of particularity argument as it applies to Plaintiffs’ actual
document request.
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 13 of 14

14
24-cv-2166-BTM-BLM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IV. 	CONCLUSION
Based on the foregoing, the Court GRANTS IN PART Plaintiffs’ Motion:
1. 	The letter of request will be issued with the following paragraph stricken:
(11) DOCUMENTS OR OTHER PROPERTY TO BE INSPECTED
Any and all documentation and communications, email or otherwise, regarding
IP/technology since inception of the agreements in question to present.
2. 	It shall be the responsibility of Plaintiffs to deliver the Letter of Request to the
appropriate authorities in the United Kingdom.
IT IS SO ORDERED.
Dated: 3/12/2026
Case 3:24-cv-02166-BTM-JAC Document 73 Filed 03/12/26 PageID.<pageID>
Page 14 of 14