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

Case 1 :05-cv—00434-GIVIS Document 1 15 Filed 08/31 /2006 Page 1 of 4
UNITED STATES DISTRICT COURT E
FOR THE DISTRICT OF DELAWARE _
DYSON TECHNOLOGY LIMITED ) Q
and DYSON, INC., )
Plaintiffs, ) E
v. ) Civil Action N0. 05-434-GMS ,
MAYTAG CORPORATION, i
Defendant. g
MOTION FOR LETTERS OF REQUEST TO THE JUDICIAL AUTHORITY
IN GERMANY
TO THE HONORABLE COURT:
NOW APPEARS Maytag Corporation ("Maytag”), through. its undersigned counsel,
respectfully moves this court to issue a letter of Request directed to the appropriate judicial
authority in Germany, the Federal State of Saxony, Saxonian Ministry of Justice, Archivstra Bel,
66§99 Dresden, for the production of documents from SLG Pruf—und Zeritizeierungs ("SLG").
This application is made pursuant to, and in conformity with, The Hague Convention on the
Taking of Evidence in Civil or Cornrnerciai Matters, T.I.A.S. 7444, 23 Z.U.S.T. 2555, reprinted
in 28 U,S.C_A. § 17 81 (the "I—Iague Evidence Convention"), which is in force between the United
States andthe United Kingdom.
Counsel for Maytag has conferred with counsel for Dyson Technology Limited and
Dyson, Inc. (“‘Dyson") and the parties have not been able to reach an agreement. Dyson has
expressly reserved all other rights with respect to the requests.
In support of this Motion, Maytag states as follows:

Case 1 :05-cv—00434-GIVIS Document 1 15 Filed 08/31 /2006 Page 2 of 4
1. As the Court is aware, Maytag seeks an injunction and damages against Dyson 3
related to the packaging and advertising of certain models of its upright vacuum cieaners. `
Maytag claims that Dyson, through various marketing campaigns, has made false and misleading
statements as to the suction power, cleaning efficiency, and design and performance capabilities
of certain models of its upright vacuums.
2. Maytag seeks the aid of this Court in obtaining the evidence of one advertising
company. lt is believed that this entity has documents in its control that are relevant to the issues
at hand. SLG has done work for or on behalf of Dyson in connection with its upright vacuums.
3. This Court has previousiy allowed foreign discovery under 28 U.S.C. § 1781
following a showing of the necessity of the discovery. See Tulip Computers Irzt’l B. l/Y v. Dell
Computers Corp., 254 F.Supp.2d 469, 474 (D. Dei. 2003) (relating to foreign discovery pursuant
to Hague Evidence Convention).
4. SLG has been identified by Dyson in its Enitiai Disclosures as a person with
knowledge about the facts ofthe case.
5. Maytag believes that the documents requested will be critical to proving the
allegations ir has proffered in these proceedings in that they wiil show that Dysonfs packaging
and advertising claims are false and misleading.
THEREFORE, MAYTAG RES?ECTFULLY REQUESTS:
A. That time Court issue, and cause to be certified by the Clerk ofthe US. District
_ Court for District of Delaware, Letters of Request addressed to the "Appropriate
Judicial Authority in Gennany,” Federal State of Saxony in the Saxonian Ministry
of Justice Archivstra Bel, 66199 Dresden.
2

Case 1 :05-cv—00434-GIVIS Document 115 Filed 08/31/2006 Page 3 of 4
B. That said Letters of Request he issued in the form attached herewith requesting E
the summoning SLG by said G·ermany's proper and usual process for summoning 3
of production of documents.
Respectfuliy submitted,
/s/ Francis DiGiovanni
Franoi s Di Giovanni (#3 E 89)
Connolly Bove Lodge & Hutz LLP
The Nemours Building
1007 North Orange St.
P.O. Box 2207
. Wilmington, DE 19899
Tel; (302) 658-9141
Attorneys for Maytag Corporation
Dated: August 31, 2006
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Case 1 :05-cv—00434-GIVIS Document 115 Filed 08/31/2006 Page 4 of 4
CERTIFICATE OF SERVICE ·
I, Francis DiGiovanni, hereby certify that on August 31, 2006, I caused to be ;
eiectronicaily filed a tme and correct copy of the foregoing document with the Clerk of the Court
using CM/ECP, which will send notification that such tiling is available for viewing and
downloading to the following counsel of record:
C. Barr Fiinn
.`Â¥ohn W. Shaw
Young Conaway Stargatt & Taylor LLP
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19801
I further certify that on August 31, 2006, l caused a copy ofthe foregoing document to be
served by hand delivery and email on the above—listed counsel of record, and by U.S. Mail and
email on the following counsel of record:
Gerrard R. Beeney
Richard C. Pepperman, Il
James T. Williams
Keith McKenna
Sullivan & Cromwell LLP
125 Broad Street
New York, NY 10004
Steven F. Reich
Jeffrey S. Edelson
Manatt, Phelps & Phillips, LLP
7 Times Square
New York, NY 10004
/s/ Francis lQiGiovanni_ ,,,,,,,,,,
- Francis DiG~iovanni (#3189)
Stephanie O’Byrne (#4446)
Connolly Bove Lodge & I-Iutz LLP
The Nemours Building
1007 N. Orange Street
Wilmington, DE 19899
Phone (302) 658-9141
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