Opinion
1:22-cv-01646-JLT-CDB
03-02-2023
FRUIT ROYALE, INC., Plaintiff, v. EXPORTADORA ACOGRAPES, LTDA. Defendant.
ORDER GRANTING RENEWED MOTION FOR ISSUANCE OF LETTER ROGATORY
(DOC. 6)
On February 9, 2023, Plaintiff Fruit Royale, Inc. (“Plaintiff”) filed a motion requesting the Court issue a letter rogatory pursuant to 28 U.S.C. § 1781 and the method set forth by the Inter-American Convention on Letter's Rogatory and Additional Protocol (“IACAP”), Jan. 30, 1975, S. TREATY DOC. No. 27, 98th Cong. 2d Sess. (1984) to effectuate service on Defendant Exportadora Acograpes, Ltda. (“Defendant”). (Doc. 4).
The matter of issuance of the requested letter rogatory properly is before the undersigned U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(a) & (b)(1)(4) because a motion for letter rogatory is not dispositive. E.g., Sayles v. Pac. Eng'rs & Constructors, Ltd., 2009 WL 791332, *2-3 (W.D.N.Y. Mar. 23, 2009).
The Court issued an order denying without prejudice Plaintiff's motion for issuance of the requested letter rogatory on February 16, 2023. (Doc. 5). The Court found Plaintiff had completed the necessary forms (Form A and Form B) for service as set forth in the Additional Protocol. Id. at 2.
However, Plaintiff did not indicate it possessed and intended to serve upon Defendant a Spanish-language translation of the complaint as required by Article 3 of the Additional Protocol. Id. The Court directed Plaintiff to refile its motion and attach as exhibits Spanish-language translations of the Complaint, Form A and Form B. Id.
Pending before the Court is Plaintiff's renewed motion requesting the Court issue a letter rogatory. (Doc. 6). Plaintiff has completed the requisite Forms, which the Court has received and reviewed. (Docs. 6-1, 6-2 and 6-3). Plaintiff has also complied with this Court's order and provided Spanish translations of the Complaint, Form A and Form B. (Docs. 6-1, 6-2 and 6-4).
Accordingly, in light of the representations made in Plaintiff's renewed motion and for good cause appearing, 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.
IT IS SO ORDERED.
(EXHIBIT A Omitted)