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Privata, LLC v. Norte Pesca, SA

United States District Court, D. New Jersey

January 24, 2019

PRIVATA, LLC, a Delaware Corporation,, Plaintiff,
v.
NORTE PESCA, SA, a Brazilian Corporation, RODRIGO FAUZE HAZIN, and ANTONIO CASSIO PIMENTAL HAZIN,, Defendants.

          OPINION

          Kevin McNulty, United States District Judge.

         This matter comes before the Court on the motion of plaintiff Privata LLC motion for the issuance of letters rogatory (DE 6) and its motion to amend the summons and letters rogatory (DE 7).

         For the following reasons, Privata's motion for the issuance of letters rogatory is granted. Privata's motion to amend the summons to reflect the new address of the law firm representing the plaintiff is also granted.

         I. Background [1]

         On October 5, 2018, Privata LLC ("Privata") filed a complaint in this Court against defendant Norte Pesca, S.A. and two of its directors, defendant Rodrigo Fauze Hazin and defendant Antonio Cassio Pimental Hazin. (Compl. ¶l). Privata is a corporation that does business in New Jersey. (Compl. ¶2). All three defendants are citizens and residents of Brazil. (Compl. ¶¶l, 3-5). Privata's complaint alleges three causes of action against defendants: breach of contract; accounting; and fraud. (See generally, Compl.).

         On November 2, 2018, Privata filed a motion for the issuance of letters rogatory to serve the Brazilian defendants with the summons and complaint. On January 1, 2019, Privata filed a motion to amend/correct the summons. Privata seeks to amend the summons to reflect the new address of the law firm representing the plaintiff. (DE 10-1).

         II. Discussion

         Rule 4(f) provides that service on an individual in a foreign country may be effectuated as follows:

(1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents;
(2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice:
(A) as prescribed by the foreign country's law for service in that country in an action in its courts of general jurisdiction;
(B) as the foreign authority directs in response to a letter rogatory or letter of request; or
(C) unless prohibited by the foreign country's law, by:
(i) delivering a copy of the summons and of the complaint to the ...

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