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

Case 1:05-cv—00048-SLR Document 107 Filed 11/07/2005 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., )
)
Defendants. )
)
BORGWARNER INC., )
)
Counterclaimant, )
)
v. )
)
HITACHI, LTD., and UNISIA NORTH )
AMERICA, INC., )
)
Counterdefendants. )
ORDER FOR ISSUANCE OF COMMISSION 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 "BorgWarner") for the issuance of a commission to take the testimony
of Tomio Hokari, Keiji Hisahara, Seiji Suga, Shinichi Uchida, Yoshihisa Matsushita, Toshikazu
Yoshikawa, Kazuhiro I-Iigashiyama, Toshihiro Inuzuka, Yoshinobu Moriyama, Yoshinori Ichinosawa and
Toshiro Ichikawa, material witnesses for defendants Borg Warner, 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 ease, and it is
ORDERED that a commission issue in this cause out of this Court directed to l) counsel for
defendants Borg Wamer and plaintiffs Hitachi, Ltd. and Unisia North America, Inc., and 2) the court
reporter and videographer contracted to transcribe the depositions at the Consulate General of the United
States Osaka, Japan authorizing I) counsel for defendant Borg Warner and plaintiffs Hitachi, Ltd. and

Case 1:05-cv—00048-SLR Document 107 Filed 11/07/2005 Page 2 of 2
Unisia North America, Inc. and 2) t.he court reporter and videographer 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 and Toshiro Ichikawa, upon oral examination as requested in
Defendants motion.
IT IS FURTHER ORDERED that the above depositions shall occur on or about November 28
through December 2.
Dated: November Ii ,2005
By: e
fi
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