Costa v. Kerzner International Resorts, Inc.
United States District Court for the Southern District of Florida
277 F.R.D. 468 (2011)
Facts
Jennifer Costa (plaintiff) sued Kerzner International Resorts, Inc. (Kerzner) (defendant) over allegedly deceptive service fees charged by a resort in the Bahamas. The resort was operated by Kerzner’s wholly owned Bahamian subsidiary. Kerzner collected and deposited those fees for the subsidiary’s use. Costa moved to compel discovery of the subsidiary’s records. Kerzner opposed the motion on the grounds that Kerzner lacked the requisite control of records located in a foreign country and that Costa’s only recourse was to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, commonly known as the Hague Evidence Convention (convention).
Rule of Law
Issue
Holding and Reasoning (Seltzer, J.)
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