UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 99-31284 ___________________________

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) ___________________________________________________ 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

. 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.

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 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

.

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.