PEPSICO DO BRASIL, LTDA v. Oxy-Dry Corp.

MEMORANDUM OPINION AND ORDER

MILTON I. SHADUR, Senior District Judge.

This major commercial dispute, at least nominally between Pepsico do Brasil, Ltda (“Pepsico”) and Oxy-Dry Corporation (“Oxy-Dry”), has been pending in this District Court under the claimed auspices of its diversity jurisdiction for nearly two and one-half years. But when an Oxy-Dry motion to compel the production of various witnesses in this geographic forum rather than in Brazil, where the witnesses reside, was brought before this Court, what figuratively jumped off the pages of the motion were facts that raised a question…