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Super Vitaminas, S.A., Applicant

2017 WL 5571037 (2017)

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Super Vitaminas, S.A., Applicant

United States District Court for the Northern District of California
2017 WL 5571037 (2017)

  • Written by Alexander Hager-DeMyer, JD

Facts

Super Vitaminas, S.A. (defendant) was a Guatemalan company and a franchisee of GNC, a United States company. Super Vitaminas was prosecuted by the Guatemalan tax authorities for allegedly failing to pay taxes on its imported products. Super Vitaminas believed that emails existed between the company and its freight forwarder containing evidence that would exonerate the company from the criminal charges. However, Super Vitaminas no longer had access to the email accounts. The relevant emails were sent between the freight forwarder’s Microsoft Hotmail account and two Super Vitaminas employees’ Google Gmail accounts. Super Vitaminas filed an ex parte petition with the United States District Court for the Northern District of California. Super Vitaminas sought a court order to obtain discovery from Google, Inc. and Microsoft Corporation for use in the Guatemalan criminal proceedings.

Rule of Law

Issue

Holding and Reasoning (Van Keulen, J.)

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Casebooks

International Criminal Law

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