Free Order on Motion for Issuance of Letters Rogatory - District Court of Delaware - Delaware

` Case 1:05-cv-00048-SLR Document 134 Filed 12/12/2005 Page 1 of 2 -
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HITACHI, LTD., and UNISIA NORTH )
AMERICA, INC., )
Plaintiffs, ) ’
)
v. ) C.A. No. 05-048-SLR
)
BORGWARNER INC., and )
BORGWARNER MORSE TEC INC., )
I
Defendants. )
)
BORGWARNER INC., )
)
Counterclaimant, )
)
v. )
)
HITACHI, LTD., and UNISIA NORTH )
AMERICA, INC., )
)
Counterdefendants. )
ORDER FOR ISSUAN CE OF COMIVIISSION TO TAKE FOREIGN DEPOSITIONS
TO: Any Consul or Vice Consul of the United States of America at Osaka—Kobe Japan:
Having reviewed the motion of defendants BORGWARNER INC. and BORGWARNER
MORSE TEC INC. (collectively "BorgWamer") for the issuance of a commission to take the testimony
of Tomio Hokari, Keiji Hisahara, Seiji Suga, Shinichi Uchida, Yoshihisa Matsushita, Toshikazu
Yoshikawa, Kazuhiro Higashiyama, Toshihiro Inuzuka, Yoshinobu Moriyama,Yoshinori
Ichinosawa, Toshiro Ichikawa, and Taro Kashima, material witnesses for defendants Borg Wamer,
who are now in Japan and both parties being represented by counsel, it is the opinion of the Court that the
motion should be granted, on the ground that the depositions of these witnesses are critical for the case,
and it is
ORDERED that a commission issue in this cause out of this Court directed to 1) counsel for
defendants Borg Wamer and plaintiffs Hitachi, Ltd. and Unisia North America, Inc., and 2) the court
reporter, videographer and translator contracted to transcribe the depositions at the Consulate General of

° Case 1:05-cv-00048-SLR Document 134 Filed 12/12/2005 Page 2 of 2
the United States Osaka, Japan authorizing 1) counsel for defendant Borg Wamer and plaintiffs Hitachi,
Ltd. and Unisia North America, Inc. and 2) the court reporter, videographer and translator contracted to
transcribe the depositions to take the depositions of Tomio Hokari, Keiji Hisahara, Seiji Suga,
Shinichi Uchida, Yoshihisa Matsushita, Toshikazu Yoshikawa, Kazuhiro Higashiyama,
Toshihiro Inuzuka, Yoshinobu Moriyama,Yoshinori Ichinosawa, Toshiro Ichikawa, Taro
Kashima, upon oral examination as requested in Defendant’s motion.
IT IS FURTHER ORDERED that the above depositions shall occur on or about December 19-22,
2005, December 27-30, 2005 and January 3-6, 2006. It is understood that the precise dates are subject to
witness and counsel availability and multiple entries into Japan may be required to complete these
depositions in light of the end-of-year holidays.
Dated: December L 2005
By: $2
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