Summary
The United States District Court for the Eastern District of California granted Fruit Royale, Inc.’s renewed motion for issuance of a letter rogatory to serve Exportadora Acograpes, Ltda. in Chile. The court found that Plaintiff had supplied the required forms and Spanish-language translations under the Inter-American Convention on Letters Rogatory and its Additional Protocol, and ordered execution of Forms A and B.
Topics
Practice areas
Questions Presented
- Whether the court should issue a letter rogatory to facilitate service of process on Exportadora Acograpes, Ltda. in Chile under 28 U.S.C. § 1781 and the Inter-American Convention on Letters Rogatory and Additional Protocol.
Holdings
- The court granted Fruit Royale's renewed motion because plaintiff completed the required forms and supplied the Spanish-language translations required by Article 3 of the Additional Protocol.
Key quotations
“IT IS HEREBY ORDERED that Plaintiff's renewed motion for issuance of letter rogatory (Doc. 6) is GRANTED and that the Court shall execute Forms A and B to the Protocol as submitted by Plaintiff.”
Factual background
Fruit Royale sued Exportadora Acograpes, Ltda., a Chilean entity, and sought service of the complaint in Chile. The parties had entered agreements concerning Fruit Royale's marketing in the United States of grapes grown by Acograpes in Chile. Plaintiff alleged that poor grape condition and quality caused the sales proceeds to fall below the expenses incurred, resulting in claimed losses of $843,422.41.
Procedural history
Fruit Royale filed an initial motion for issuance of a letter rogatory on February 9, 2023. The court denied that motion without prejudice on February 16, 2023, directing plaintiff to provide Spanish translations of the complaint and required forms. Plaintiff filed a renewed motion with the requested translations, and the court granted it and ordered execution of Forms A and B under the Additional Protocol.