Negro

BACKGROUND

A. Underlying Action In March 2011 Navalimpianti filed a complaint in the Circuit Court of Dade County, Florida against Negro and others. The complaint alleged that a number of Navalimpianti’s former officers and employees, including Negro, had committed various breaches of duty pursuant to a conspiracy which culminated in their entry into competition with Navalimpianti. In June 2012, Navalimpianti applied to the Florida court for authority to take Google’s deposition, and seek documents from it, in California. In support of the motion Navalimpianti asserted that Negro had an e-mail address in Google’s Gmail domain, which he had used to conduct business during the time period relevant to the complaint. Navalimpianti sought to discover “any communications between Matteo Negro his co- defendants and the persons who participated in the conduct alleged in the pending Complaint.” As described in an attached exhibit (Exhibit A), the materials sought were “[a]ll e-mails . . . from any gmail account belonging to or maintained by Matteo Negro” under a specified username, from June 1, 2009, through June 2010, between Negro and 14 specified persons or entities.

2 At the hearing…