Grupo Mexico SAB de CV v. SAS Asset Recovery, Ltd., No. 15-10300 (5th Cir. 2016)
Annotate this CaseGrupo Mexico is closely connected to litigation pending in Mexico and sought discovery from SAS and Highland pursuant to 28 U.S.C. 1782. On appeal, SAS asserts that the district court lacked subject matter jurisdiction because Congress has not enacted any statute or rule that gave the district court the jurisdiction to issue a Fed. R. Civ. P. 45 subpoena for service on SAS, a Cayman Islands citizen, in the Cayman Islands or the jurisdiction to enforce the subpoena against SAS after SAS failed to respond. The court concluded that the district court did not abuse its discretion by holding that the untimely filing, which objected to the manner of service in the Cayman Islands and the absence of a court order from a Cayman Islands court, waived SAS’s personal jurisdiction defense. The court affirmed the district court's order affirming the magistrate judge’s grant of the motion to compel document production.
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