Free Order - District Court of California - California

Case 3:07-cv-05944-SC

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Filed 01/29/2008

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Joseph R. Saveri (State Bar No. 130064) [email protected] Eric B. Fastiff (State Bar No. 182260) [email protected] Brendan Glackin (State Bar No. 199643) [email protected] LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 H. Laddie Montague, Jr. (pro hac vice) [email protected] Ruthanne Gordon (pro hac vice) [email protected] Candice J. Enders (pro hac vice) [email protected] BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Telephone: (800) 424-6690 Facsimile: (215) 875-4604 Attorneys for Individual and Representative Plaintiff Nathan Muchnick, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco Division) NATHAN MUCHNICK, INC., on behalf of itself and all others similarly situated, Plaintiff, Case No. CV-07-5981-SC

19 v. 20 CHUNGHWA PICTURE TUBES, LTD., et al., 21 Defendants. 22 23 24 25 26 27 28
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INTERNATIONAL LETTER OF REQUEST (LETTER ROGATORY)

INTERNATIONAL LETTER OF REQUEST (LETTER ROGATORY) CASE NO. CV-07-5981-SC

Case 3:07-cv-05944-SC

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TO THE APPROPRIATE JUDICIAL AUTHORITY IN TAIWAN: The United States District Court for the Northern District of California presents its compliments to the Appropriate Judicial Authority in Taiwan, and respectfully requests international judicial assistance to effect service of process in connection with a civil proceeding

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 company organized and existing under the laws of Taiwan; 20 21 22 23 24 25 26 27 28
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currently pending before this Court in the above-titled matter. I. ASSISTANCE REQUESTED This Court respectfully requests that the Taiwanese judicial authorities: 1. Cause one copy of the Summons in a Civil Case, Class Action Complaint, Order Setting Initial Case Management Conference and ADR Deadline, Related Case Order, Order Setting Case Management Conference, Contents of Joint Case Management Statement and ECF Registration Information Handout annexed hereto to be served upon Defendant Chunghwa Picture Tubes, Ltd. at this address in the manner prescribed for the service of similar documents under the laws of Taiwan: CHUNGHWA PICTURE TUBES, LTD. 1127 Heping Road Bade City Taoyuan, Taiwan It has been represented to this Court that defendant Chunghwa Picture Tubes, Ltd. is a

2. Cause the person who serves the documents upon a director, managing agent, officer, or other person authorized to accept service of Chunghwa Picture Tubes, Ltd. to execute an affidavit of service as provided by Taiwanese law; and 3. Return through diplomatic channels to plaintiff's attorney the affidavit of service and a copy of the documents that were served.

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INTERNATIONAL LETTER OF REQUEST (LETTER ROGATORY) CASE NO. CV-07-5981-SC

Case 3:07-cv-05944-SC

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II.

NATURE AND PURPOSE OF THE PROCEEDINGS Plaintiff brings this class action lawsuit on behalf of individuals and entities in the United

States who purchased Cathode Ray Tubes ("CRTs") or products containing CRTs directly from defendants between May 1,1998 through the present. Defendants are leading manufacturers of CRTs and control the majority of the CRT industry. Plaintiff alleges that, after May 1, 1998,

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Taiwan for costs incurred in executing this letter rogatory. If the cost of executing this Court's 23 24 25 26 27 28
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defendants conspired, combined, and contracted to fix, raise, maintain, and stabilize the prices at which CRTs and products containing CRTs were sold in the United States. Plaintiff alleges that beginning at least as early as May 1, 1998, defendants entered in a continuing contract, combination, or conspiracy to restrain unreasonably trade and commerce in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1. As a result, Plaintiff asserts it was forced to pay more for CRTs and products containing CRTs than it would have paid in a competitive CRT market. For its injury, Plaintiff requests damages and an injunction enjoining defendants' allegedly anti-competitive activity under sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 and 26. III. RECIPROCITY The courts of the United States are authorized by statute, Section 1696, Title 28, United States Code, to extend similar assistance to the Tribunals of Taiwan in like cases. IV. REIMBURSEMENT FOR COSTS Counsel for Plaintiffs is willing to ensure reimbursement to the judicial authorities of

letter rogatory exceeds $500.00, the judicial authorities of Taiwan are requested to contact the following counsel for plaintiff:

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INTERNATIONAL LETTER OF REQUEST (LETTER ROGATORY) CASE NO. CV-07-5981-SC

Case 3:07-cv-05944-SC

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Eric B. Fastiff LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 This Court extends to the judicial authorities of Taiwan the assurances of its highest consideration. Respectfully Requested, 29 Dated: January ___, 2008 ___________________________________ Judge Samuel Conti United States District Court ­ Northern District of California 450 Golden Gate Avenue San Francisco, California 94102 United States of America +1.415.522.2000

(SEAL OF UNITED STATES DISTRICT COURT ­ NORTHERN DISTRICT OF CALIFORNIA)

Attachments, in English and in Chinese, in duplicate: · Summons in a Civil Case · Class Action Complaint · Order Setting Initial Case Management Conference and ADR Deadline · Related Case Order · Order Setting Case Management Conference · Contents of Joint Case Management Statement · ECF Registration Information

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INTERNATIONAL LETTER OF REQUEST (LETTER ROGATORY) CASE NO. CV-07-5981-SC