(Under 28 USC 1728, a district court may order discovery from a party present in the district for use in litigation in a foreign court. The factors to be considered in ruling on a petition under section 1728 were outlined in Intel Corp. v. Advanced Micro Devices, Inc. (2004) 542 U.S. 241. This decision holds that an order granting the petitioner the right to conduct discovery but leaving the scope of that discovery for later determination in ruling on defendant’s objections to plaintiff’s subpoena is not a final, appealable order because the indefinite scope of ordered discovery makes it difficult or impossible to assess the Intel factors.)