In re TRANSPACIFIC PASSENGER AIR TRANSPORTATION ANTITRUST LITIGATION

Filing 805

ORDER by Magistrate Judge Donna M. Ryu granting #796 Request for International Judicial Assistance regarding taking Deposition of Chan Seck Fun (Letter Rogatory). Signed by Magistrate Judge Donna M. Ryu on 12/23/13. (ig, COURT STAFF) (Filed on 12/23/2013)

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1 2 3 4 5 6 Joseph W. Cotchett Paul N. "Pete" McCloskey Steven N. Williams Adam Zapala COTCHETT, PITRE & MCCARTHY, LLP San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: 650-697-6000 Facsimile: 650-697-0577 Michael D. Hausfeld HAUSFELD LLP 1700 K Street, N.W., Suite 650 Washington, D.C. 20006 Telephone: (202) 540-7200 Michael P. Lehman (77152) Christopher Lebsock (184546) HAUSFELD LLP 44 Montgomery Street, Suite 3400 San Francisco, CA 94104 Telephone: (415) 633-1908 Jennie Anderson (203586) ANDRUS ANDERSON LLP 155 Montgomery Street, Suite 900 San Francisco, CA 94104 Telephone: (415) 986-1400 13 Allan Steyer (100318) Jayne A. Peeters (108052) Dana M. Andreoli (262068) STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP One California Street, Third Floor San Francisco, California 94111 Telephone: (415) 421-3400 14 Attorneys for Class Plaintiffs 7 8 9 10 11 12 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 21 22 IN RE TRANSPACIFIC PASSENGER AIR TRANSPORTATION ANTITRUST LITIGATION _____________________________________ This Document Relates to: ALL ACTIONS Case No.: C 07-5634 CRB MDL No. 1913 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) 23 24 25 26 27 28 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 TO THE REGISTRAR OF THE SUPREME COURT OF SINGAPORE: WHEREAS, the above-captioned coordinated proceedings are pending before this 2 3 Court; 4 WHEREAS, the Plaintiffs allege that Defendants engaged in anticompetitive conduct 5 concerning the pricing of passenger fares and fuel surcharges on routes between the U.S. and 6 Asia/Oceania; 7 8 WHEREAS, discovery in the above-captioned coordinated proceedings is currently ongoing and has a deadline of completion of January 31, 2014; 9 WHEREAS, it is necessary for the purposes of justice and for the due determination of 10 the matters in dispute between the parties that the following person should be examined as a 11 witness upon oath touching such matters, namely Chan Seck Fun, Blk 5000J #23-44 Marine 12 Parade Road, Singapore (449291), and it appears that such witness is resident within your 13 jurisdiction: 14 I. REQUEST 15 The United States District Court Northern District of California presents its compliments 16 to the Supreme Court of Singapore, and requests international assistance to compel testimony to 17 be used in a civil proceeding before this Court in the above-captioned matter. 18 This Court requests, for the reasons previously stated, that the Supreme Court of 19 Singapore summon Chan Seck Fun, Blk 5000J #23-44 Marine Parade Road, Singapore 20 (449291), to attend at such time and place as you shall appoint, if possible, prior to January 31, 21 2014, before you or such other person as according to your procedure is competent to take the 22 examination of witnesses, and that you will cause such witness to be examined orally on the 23 interrogatories and topics which are attached to this letter of request as Attachment A, in the 24 presence of the agents of the plaintiffs and defendants on due notice given. 25 In addition, this Courts requests that you will permit the agents of both the plaintiffs and 26 defendants to examine upon interrogatories and oral examination on the interrogatories and 27 topics which are attached to this letter of request as Attachment A or arising out of the answers 28 -1REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 thereto, such witness, and permit the cross-examination of the said witness upon cross- 2 interrogatories and oral examination, and permit the party producing the witness for 3 examination to examine him orally, or permit the agents of both the plaintiffs and defendants to 4 attend the deposition and taken evidence by video-link. 5 In addition, this Courts requests that you will be pleased to cause the evidence of the 6 said witnesses (and the answers of the said witnesses and all additional oral questions, whether 7 on examination, cross-examination or re-examination) to be reduced into writing and all books, 8 letters, papers and documents produced on such examination to be duly marked for 9 identification, and that you will be further pleased to authenticate such examination by the seal 10 of your tribunal or in such other way as is in accordance with your procedure and to return it 11 together with the interrogatories and cross-interrogatories and a note of the charges and 12 expenses payable in respect of the execution of this request through the counsel from whom the 13 same was received for transmission to the United States District Court of the Northern District 14 of California. 15 In addition, this Court requests that you will cause the agents of the parties appointed to 16 be informed of the date and place where the examination is to take place. Their contact 17 information is as follows: 18 Allan Steyer Jayne A. Peeters Dana M. Andreoli STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP One California Street, Third Floor San Francisco, California 94111 Telephone: (415) 421-3400 Facsimile: (415) 421-2234 19 20 21 22 23 24 25 26 27 28 Jennie Lee Anderson ANDRUS ANDERSON LLP 155 Montgomery Street, Suite 900 San Francisco, CA 94104 Telephone: 415.986.1400 Facsimile: 415.986.1474 Attorneys for Plaintiff Rachel Diller -2REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 2 3 4 5 6 7 8 9 Ashley Marie Bauer LATHAM & WATKINS LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111-6538 Telephone: 415-395-8138 Facsimile: 415-395-8095 William Sherman LATHAM & WATKINS LLP 555 11th Street, N.W. Washington, D.C. 20004 Telephone: 202-637-2200 Facsimile: 202-637-2201 Attorneys for Defendant Singapore Airlines II. FACTS OF THE CASE Plaintiffs Micah Abrams, Meor Adlin, Franklyn Ajaye, Andrew Barton, Brenden G. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Maloof, Rachel Diller, Scott Frederick, David Kuo, Dickson Leung, Donald Wortman, Harley Oda, Roy Onomura, Shinsuke Kobayashi, Patricia Lee, Nancy Kajiyama, on her own behalf and on behalf of Noboru Kajiyama [deceased], Della Ewing Chow, James Kawaguchi, individually and on behalf of all others similarly situated, filed the complaint in this action under Section 16 of the Clayton Act, (15 U.S.C. §26). The Second Amended Class Action Complaint in this matter seeks to obtain injunctive relief for violations of Section 1 of the Sherman Antitrust Act (15 U.S.C. §1) and to recover damages and/or restitution based on claims that Defendants Air France, Air New Zealand, All Nippon Airways, Cathay Pacific Airways, China Airlines, Eva Airways, Japan Airlines International, KLM Royal Dutch Airline, Malaysia Airlines, Malaysian Airline System Berhad, Philippine Airlines, Inc., Qantas Airways, Ltd., Singapore Airlines, Thai Airways, United Airlines, and Vietnam Airlines engaged in anticompetitive conduct concerning the pricing of passenger fares and fuel surcharges on routes between the U.S. and Asia/Oceania from approximately January 2000 through at least July 2011 that caused plaintiffs and individuals similarly situated to pay artificially high and non-competitive prices for tickets for air passenger travel in the United States. /// /// -3REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 2 III. RECIPROCITY The United States District Court for the Northern District of California would be willing 3 to provide similar assistance to the Supreme Court of Singapore. 4 IV. REIMBURSEMENT FOR COSTS 5 Counsel for the Plaintiffs have represented that they are willing to reimburse the 6 Supreme Court of Singapore for costs incurred in executing this Letter Rogatory in an amount 7 not to exceed Two Thousand dollars ($2000.00) in United States Dollars. If the costs for 8 executing this Letter Rogatory will exceed USD $2000, please contact counsel for the Plaintiffs 9 before exceeding this amount. Their contact information is as follows: 10 Allan Steyer Jayne A. Peeters Dana M. Andreoli STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP One California Street, Third Floor San Francisco, California 94111 Telephone: (415) 421-3400 Facsimile: (415) 421-2234 11 12 13 14 15 16 17 18 19 20 Jennie Lee Anderson ANDRUS ANDERSON LLP 155 Montgomery Street, Suite 900 San Francisco, CA 94104 Telephone: 415.986.1400 Facsimile: 415.986.1474 The Court extends to the Registrar of the Supreme Court of Singapore assurances of its highest consideration. 21 22 23 Dated: ___________________ 12/23/2013 By: _____________________________ Hon. Judge Donna M. Ryu United States Magistrate Judge 24 25 26 27 28 -4REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 Attachment A: Questions for Chan Seck Fun 2 1. What is your full name? 3 2. When were you employed with Singapore Airlines? 4 a. What positions did you hold at Singapore Airlines? 5 b. What were the dates that you held each of those positions? 6 c. What were your responsibilities and duties for each of those positions? 7 d. Were you involved in setting Singapore Airlines’ fuel surcharges? 8 9 i. If yes, how did Singapore Airlines decide to initially impose a fuel surcharge and in what amount? 10 ii. 11 imposed? 12 iii. 15 16 17 18 19 If yes, how did Singapore Airlines decide how much to change the fuel surcharge for Singapore Airlines? 13 14 If yes, what were the criteria used to determine the fuel surcharges iv. If yes, did Singapore Airlines ever change the fuel surcharge for Singapore Airlines flights flying to and from the United States? v. If yes, when did Singapore Airlines make those changes to fuel surcharges for Singapore Airlines flights flying to and from the United States? vi. If yes, who at Singapore Airlines had authority to change or control the Singapore Airlines fuel surcharge? 20 What was their title? 21 When were they employed with Singapore Airlines? 22 Who did they report to? 23 Who were their direct reports? 24 vii. If no, who did have authority? 25 What was their title? 26 When were they employed with Singapore Airlines? 27 Who did they report to? 28 -5REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 Who were their direct reports? 2 Did you ever communicate with these people about changing fuel 3 surcharges for Singapore Airline flights to or from the United States? 4 If yes, when? 5 If yes, what was said? 6 e. Were you involved in setting Singapore Airlines’ fares? 7 i. If yes, what were the criteria used to determine Singapore Airlines’ fares? 8 ii. If yes, how did Singapore Airlines decide how much to change the fares 9 for Singapore Airlines? iii. 10 11 Airlines flights flying to and from the United States? 12 13 iv. If yes, when did Singapore Airlines make those changes to fares for Singapore Airlines flights flying to and from the United States? v. 14 15 If yes, did Singapore Airlines ever change the fares for Singapore If yes, who else at Singapore Airlines had authority to change or control the Singapore Airlines fares? 16 What was their title? 17 When were they employed with Singapore Airlines? 18 Who did they report to? 19 Who were their direct reports? vi. 20 21 If no, who did have authority to change or control the Singapore Airlines fares? 22 What was their title? 23 When were they employed with Singapore Airlines? 24 Who did they report to? 25 Who were their direct reports? 26 Did you ever communicate with these people about changing fuel 27 28 surcharges for Singapore Airline flights to or from the United States? -6REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 If yes, when? 2 If yes, what was said? 3 3. Were you employed with other airlines? 4 a. If yes, with what other airlines were you employed? 5 b. If yes, what dates were you employed at each of the other airlines? 6 c. If yes, what positions did you hold at each of the other airlines? 7 d. If yes, what were your responsibilities/duties at each of the other airlines? 8 4. When you were employed at Singapore Airlines, did you directly communicate with 9 other airlines regarding fuel surcharges? 10 a. What airlines? 11 b. With whom did you communicate? 12 c. When did you communicate with them? 13 d. What was communicated? 14 e. Why? 15 5. 16 other airlines regarding fares? When you were employed at Singapore Airlines, did you directly communicate with 17 a. What airlines? 18 b. With whom did you communicate? 19 c. When did you communicate with them? 20 d. What was communicated? 21 e. Why? 22 6. Were you aware of anyone else at Singapore Airlines who directly communicates with 23 other airlines regarding fuel surcharges? 24 a. Who? What were their names and titles? 25 b. What airlines and with whom did they communicate with? 26 c. When did they communicate with the other airlines? 27 d. What was communicated? 28 -7REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB e. 1 Why? 2 7. Were you aware of anyone else at Singapore Airlines who directly communicates with 3 other airlines regarding fares? 4 a. Who? What were their names and titles? 5 b. What airlines and with whom did they communicate with? 6 c. When did they communicate with the other airlines? 7 d. What was communicated? 8 e. Why? 9 10 8. Did Singapore Airlines coordinate with other airlines regarding whether to impose fuel surcharges? a. 11 If yes, did these fuel surcharges affect flights to or from the United States? 12 9. 13 surcharges to be imposed on any given flight? a. 14 15 Did Singapore Airlines coordinate with other airlines regarding the amount of fuel 10. If yes, did these fuel surcharges affect flights to or from the United States? Did Singapore Airlines coordinate with other airlines regarding the amount of fares to be 16 charged for any given flight? 17 a. If yes, did these fares affect flights to or from the United States? 18 11. 19 airline raised their fuel surcharge? Did Singapore Airlines agree with other airlines to raise fuel surcharges if another a. 20 21 12. 22 If yes, did these fuel surcharges affect flights to or from the United States? their fares? Did Singapore Airlines agree with other airlines to raise fares if another airline raised a. 23 If yes, did these fares affect flights to or from the United States? 24 13. 25 communicate with Cathay Pacific Airways regarding fuel surcharges? 26 27 28 When you were employed at Singapore Airlines, did you or anyone who reported to you a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? -8REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 2 3 b. If yes, who at Cathay Pacific participated in these communications? What were their names and titles? c. How did these communications take place? I.E. by telephone, over email, in 4 person, facsimile? 5 d. When did these communications take place? 6 e. What was communicated? 7 f. Did Singapore Airlines agree with Cathay Pacific Airways to impose fuel 8 surcharges if Cathay Pacific Airways raised their fuel surcharge? 9 (1) 10 United States? 11 g. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Cathay Pacific Airways to coordinate the 12 amount of fuel surcharges to be imposed on any given flight? 13 (1) 14 United States? 15 h. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Cathay Pacific Airways to raise fuel 16 surcharges if Cathay Pacific Airways raised their fuel surcharge? 17 (1) 18 If yes, did these fuel surcharges affect/concern flights to or from the United States? 19 14. When you were employed at Singapore Airlines, did you or anyone who reported to you 20 communicate with Cathay Pacific Airways regarding fares? 21 22 23 24 25 a. were their names and titles? b. 28 If yes, who at Cathay Pacific participated in these communications? What were their names and titles? c. How did these communications take place? I.E. by telephone, over email, in person, facsimile? 26 27 If yes, who at Singapore Airlines participated in these communications? What d. When did these communications take place? -9- REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 e. What was communicated? 2 f. Did Singapore Airlines agree with Cathay Pacific Airways to coordinate the 3 amount of fares to be imposed on any given flight? 4 (1) h. 5 If yes, did these fares affect/concern flights to or from the United States? Did Singapore Airlines agree with Cathay Pacific Airways to raise fares if 6 Cathay Pacific Airways raised their fares? 7 (1) If yes, did these fares affect/concern flights to or from the United States? 8 15. 9 communicate with All Nippon Airways regarding fuel surcharges? 10 11 12 13 14 When you were employed at Singapore Airlines, did you or anyone who reported to you a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? b. If yes, who All Nippon Airways participated in these communications? What were their names and titles? c. 15 How did these communications take place? I.E. by telephone, over email, in person, facsimile? 16 d. When did these communications take place? 17 e. What was communicated? 18 f. Did Singapore Airlines agree with All Nippon Airways to impose fuel 19 surcharges if All Nippon Airways raised their fuel surcharge? (1) 20 21 United States? 22 g. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with All Nippon Airways to coordinate the amount 23 of fuel surcharges to be imposed on any given flight? 24 (1) 25 United States? 26 h. If yes, did these fuel surcharges affect/concern flights to or from the 27 28 Did Singapore Airlines agree with All Nippon Airways to raise fuel surcharges if All Nippon Airways raised their fuel surcharge? -10- REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB (1) 1 If yes, did these fuel surcharges affect/concern flights to or from the United States? 2 3 16. 4 communicate with All Nippon Airways regarding fares? a. 5 6 If yes, who at Singapore Airlines participated in these communications? What were their names and titles? b. 7 8 When you were employed at Singapore Airlines, did you or anyone who reported to you If yes, who at All Nippon Airways participated in these communications? What were their names and titles? 9 c. How did these communications take place? I.E. by telephone, over email, in person, facsimile? 10 11 d. When did these communications take place? 12 e. What was communicated? 13 f. Did Singapore Airlines agree with All Nippon Airways to coordinate the amount 14 of fares to be imposed on any given flight? 15 (1) g. 16 If yes, did these fares affect/concern flights to or from the United States? Did Singapore Airlines agree with All Nippon Airways to raise fares if All 17 Nippon Airways raised their fares? 18 (1) If yes, did these fares affect/concern flights to or from the United States? 19 17. 20 communicate with China Airlines regarding fuel surcharges? 21 22 23 24 25 When you were employed at Singapore Airlines, did you or anyone who reported to you a. were their names and titles? b. 28 If yes, who China Airlines participated in these communications? What were their names and titles? c. How did these communications take place? I.E. by telephone, over email, in person, facsimile? 26 27 If yes, who at Singapore Airlines participated in these communications? What d. When did these communications take place? -11- REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 e. What was communicated? 2 f. Did Singapore Airlines agree with China Airlines to impose fuel surcharges if 3 China Airlines raised their fuel surcharge? (1) 4 5 United States? 6 g. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with China Airlines to coordinate the amount of 7 fuel surcharges to be imposed on any given flight? 8 (1) 9 If yes, did these fuel surcharges affect/concern flights to or from the United States? h. 10 Did Singapore Airlines agree with China Airlines to raise fuel surcharges if 11 China Airlines raised their fuel surcharge? 12 (1) If yes, did these fuel surcharges affect/concern flights to or from the United States? 13 14 18. 15 communicate with China Airlines regarding fares? 16 17 18 19 20 When you were employed at Singapore Airlines, did you or anyone who reported to you a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? b. If yes, who at China Airlines participated in these communications? What were their names and titles? c. 21 How did these communications take place? I.E. by telephone, over email, in person, facsimile? 22 d. When did these communications take place? 23 e. What was communicated? 24 f. Did Singapore Airlines agree with China Airlines to coordinate the amount of 25 fares to be imposed on any given flight? 26 (1) If yes, did these fares affect/concern flights to or from the United States? 27 28 -12REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB g. 1 Did Singapore Airlines agree with China Airlines to raise fares if China Airlines 2 raised their fares? 3 (1) If yes, did these fares affect/concern flights to or from the United States? 4 19. 5 communicate with Malaysia Airlines regarding fuel surcharges? 6 7 a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? b. 8 9 When you were employed at Singapore Airlines, did you or anyone who reported to you If yes, who Malaysia Airlines participated in these communications? What were their names and titles? c. 10 How did these communications take place? I.E. by telephone, over email, in person, facsimile? 11 12 d. When did these communications take place? 13 e. What was communicated? 14 f. Did Singapore Airlines agree with Malaysia Airlines to impose fuel surcharges if 15 China Airlines raised their fuel surcharge? (1) 16 17 United States? 18 g. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Malaysia Airlines to coordinate the amount of 19 fuel surcharges to be imposed on any given flight? 20 (1) 21 United States? 22 h. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Malaysia Airlines to raise fuel surcharges if 23 Malaysia Airlines raised their fuel surcharge? 24 (1) If yes, did these fuel surcharges affect/concern flights to or from the United States? 25 26 20. 27 communicate with Malaysia Airlines regarding fares? 28 When you were employed at Singapore Airlines, did you or anyone who reported to you -13REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB a. 1 2 were their names and titles? 3 4 If yes, who at Singapore Airlines participated in these communications? What b. If yes, who at Malaysia Airlines participated in these communications? What were their names and titles? c. 5 6 How did these communications take place? I.E. by telephone, over email, in person, facsimile? 7 d. When did these communications take place? 8 e. What was communicated? 9 f. Did Singapore Airlines agree with Malaysia Airlines to coordinate the amount of 10 fares to be imposed on any given flight? 11 (1) 12 g. If yes, did these fares affect/concern flights to or from the United States? Did Singapore Airlines agree with Malaysia Airlines to raise fares if Malaysia 13 Airlines raised their fares? 14 (1) If yes, did these fares affect/concern flights to or from the United States? 15 21. 16 communicate with Philippine Airlines regarding fuel surcharges? 17 18 19 20 21 When you were employed at Singapore Airlines, did you or anyone who reported to you a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? b. If yes, who Philippine Airlines participated in these communications? What were their names and titles? c. How did these communications take place? I.E. by telephone, over email, in person, facsimile? 22 23 d. When did these communications take place? 24 e. What was communicated? 25 f. Did Singapore Airlines agree with Philippine Airlines to impose fuel surcharges 26 if Philippine Airlines raised their fuel surcharge? 27 28 -14REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB (1) 1 2 United States? 3 g. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Philippine Airlines to coordinate the amount 4 of fuel surcharges to be imposed on any given flight? 5 (1) 6 United States? 7 h. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Philippine Airlines to raise fuel surcharges if 8 Philippine Airlines raised their fuel surcharge? 9 (1) If yes, did these fuel surcharges affect/concern flights to or from the United States? 10 11 22. 12 communicate with Philippine Airlines regarding fares? 13 14 15 16 17 When you were employed at Singapore Airlines, did you or anyone who reported to you a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? b. If yes, who at Philippine Airlines participated in these communications? What were their names and titles? c. 18 How did these communications take place? I.E. by telephone, over email, in person, facsimile? 19 d. When did these communications take place? 20 e. What was communicated? 21 g. Did Singapore Airlines agree with Philippine Airlines to coordinate the amount 22 of fares to be imposed on any given flight? 23 (1) 24 h. If yes, did these fares affect/concern flights to or from the United States? Did Singapore Airlines agree with Philippine Airlines to raise fares if Philippine 25 Airlines raised their fares? 26 (1) If yes, did these fares affect/concern flights to or from the United States? 27 28 -15REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 23. 2 communicate with Thai Airways regarding fuel surcharges? 3 4 When you were employed at Singapore Airlines, did you or anyone who reported to you a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? 5 b. If yes, who Thai Airways participated in these communications? What were their 6 names and titles? 7 c. How did these communications take place? I.E. by telephone, over email, in person, facsimile? 8 9 d. When did these communications take place? 10 e. What was communicated? 11 f. Did Singapore Airlines agree with Thai Airways to impose fuel surcharges if 12 Thai Airways raised their fuel surcharge? (1) 13 14 United States? 15 g. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Thai Airways to coordinate the amount of fuel 16 surcharges to be imposed on any given flight? 17 (1) 18 United States? 19 h. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Thai Airways to raise fuel surcharges if Thai 20 Airways raised their fuel surcharge? 21 (1) If yes, did these fuel surcharges affect/concern flights to or from the United States? 22 23 24. 24 communicate with Thai Airways regarding fares? 25 26 When you were employed at Singapore Airlines, did you or anyone who reported to you a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? 27 28 -16REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB b. 1 2 If yes, who at Thai Airways participated in these communications? What were their names and titles? 3 c. How did these communications take place? I.E. by telephone, over email, in person, facsimile? 4 5 d. When did these communications take place? 6 e. What was communicated? 7 f. Did Singapore Airlines agree with Thai Airways to coordinate the amount of 8 fares to be imposed on any given flight? 9 (1) g. 10 If yes, did these fares affect/concern flights to or from the United States? Did Singapore Airlines agree with Thai Airways to raise fares if Thai Airways 11 raised their fares? 12 (1) If yes, did these fares affect/concern flights to or from the United States? 13 25. 14 communicate with Vietnam Airlines regarding fuel surcharges? 15 16 17 18 19 When you were employed at Singapore Airlines, did you or anyone who reported to you a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? b. If yes, who Vietnam Airlines participated in these communications? What were their names and titles? c. How did these communications take place? I.E. by telephone, over email, in person, facsimile? 20 21 d. When did these communications take place? 22 e. What was communicated? 23 f. Did Singapore Airlines agree with Vietnam Airlines to impose fuel surcharges if 24 25 26 Vietnam Airways raised their fuel surcharge? (1) If yes, did these fuel surcharges affect/concern flights to or from the United States? 27 28 -17REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB g. 1 Did Singapore Airlines agree with Vietnam Airlines to coordinate the amount of 2 fuel surcharges to be imposed on any given flight? 3 (1) 4 United States? 5 h. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Vietnam Airlines to raise fuel surcharges if 6 Vietnam Airlines raised their fuel surcharge? 7 (1) United States? 8 9 10 26. a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? b. 13 14 When you were employed at Singapore Airlines, did you or anyone who reported to you communicate with Vietnam Airlines regarding fares? 11 12 If yes, did these fuel surcharges affect/concern flights to or from the If yes, who at Vietnam Airlines participated in these communications? What were their names and titles? 15 c. How did these communications take place? I.E. by telephone, over email, in person, facsimile? 16 17 d. When did these communications take place? 18 e. What was communicated? 19 f. Did Singapore Airlines agree with Vietnam Airlines to coordinate the amount of 20 fares to be imposed on any given flight? 21 (1) g. 22 If yes, did these fares affect/concern flights to or from the United States? Did Singapore Airlines agree with Vietnam Airlines to raise fares if Vietnam 23 Airlines raised their fares? 24 (1) If yes, did these fares affect/concern flights to or from the United States? 25 27. When you were employed at Singapore Airlines, did you or anyone who reported to you 26 communicate with Japan Airlines regarding fuel surcharges? 27 28 -18REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB a. 1 2 were their names and titles? 3 4 If yes, who at Singapore Airlines participated in these communications? What b. If yes, who Japan Airlines participated in these communications? What were their names and titles? c. 5 6 How did these communications take place? I.E. by telephone, over email, in person, facsimile? 7 d. When did these communications take place? 8 e. What was communicated? 9 f. Did Singapore Airlines agree with Japan Airlines to impose fuel surcharges if 10 Japan Airlines raised their fuel surcharge? (1) 11 12 United States? 13 g. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Japan Airlines to coordinate the amount of 14 fuel surcharges to be imposed on any given flight? 15 (1) 16 United States? 17 h. If yes, did these fuel surcharges affect/concern flights to or from the Did Singapore Airlines agree with Japan Airlines to raise fuel surcharges if Japan 18 Airlines raised their fuel surcharge? 19 (1) If yes, did these fuel surcharges affect/concern flights to or from the United States? 20 21 28. 22 communicate with Japan Airlines regarding fares? 23 24 25 26 When you were employed at Singapore Airlines, did you or anyone who reported to you a. If yes, who at Singapore Airlines participated in these communications? What were their names and titles? b. If yes, who at Japan Airlines participated in these communications? What were their names and titles? 27 28 -19REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB c. 1 How did these communications take place? I.E. by telephone, over email, in person, facsimile? 2 3 d. When did these communications take place? 4 e. What was communicated? 5 f. Did Singapore Airlines agree with Japan Airlines to coordinate the amount of 6 fares to be imposed on any given flight? 7 (1) g. 8 9 If yes, did these fares affect/concern flights to or from the United States? Did Singapore Airlines agree with Japan Airlines to raise fares if Japan Airlines raised their fares? (1) 10 If yes, did these fares affect/concern flights to or from the United States? 11 29. With respect to each document identified in ATTACHMENT B, a copy of which will be 12 provided to you, answer the following: 13 a. Are you familiar with this document? 14 b. Have you seen this document before? 15 c. Please explain what this document is. 16 d. When did you first see this document? 17 (1) Was this in connection with your employment at SIA? 18 (2) If yes, what was your position and responsibilities at the time? 19 e. Are you the author of this document? 20 (1) Were you in any way involved in the preparation of this document? 21 (2) Explain your involvement. 22 (3) If applicable, what does it mean to be “sponsored” or “approved” by you? 23 (4) Did you send this document to anyone? 24 i. If yes, who? 25 ii. If yes, why? 26 f. What was the purpose of this document? 27 g. Did you receive this document? 28 -20REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 (1) If yes, why was it sent to you? 2 (2) If yes, how did you respond? 3 4 h. Please explain the roles of the other individuals named in this document at the time this document originated. 5 (1) What company did each such individual work for? 6 (2) Was the company a competitor of SIA? 7 (3) What position did each such individual hold and what were his or her 8 responsibilities? 9 (4) What was your relationship with each such individual? 10 (5) How frequently did you communicate with each such individual? 11 (6) How did you communicate with him or her, e.g., letter, email, telephone, 12 13 14 15 in person, etc. i. Were there any follow-up communications, e.g., letter, email, telephone, in person, etc., to this document? j. Did you discuss this document with anyone at SIA? 16 (1) If yes, with whom (name, position, responsibilities)? 17 (2) If yes, when? 18 (3) If yes, please describe your discussions. 19 (4) If yes, did you or anyone at SIA come to any conclusions? 20 k. Did you discuss this document with anyone outside of SIA? 21 (1) If yes, with whom (name, company, position, responsibilities)? 22 (2) If yes, when? 23 (3) If yes, please describe your discussions. 24 (4) If yes, did you come to any agreement regarding the matters described in (5) Did you come to any agreement regarding future conduct of SIA and/or 25 26 27 28 the document? any competitor? -21REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 ATTACHMENT B 2 3 Exhibit 1 is a copy of an email dated March 5, 2003 from Chan Seck Fun to Ee Kim Lye, among others, (and related emails and attachments) regarding imposing fuel surcharges, produced by SIA and identified as SIA_11_000123186 – SIA_11_000123190. 4 5 6 7 8 9 10 11 12 Exhibit 2 is a copy of minutes from the August 5, 2003 Board of Airline Representatives Hong Kong meeting, produced by Cathay Pacific and identified as CXACMDL000004180 – CXACMDL000004186. Exhibit 3 is a copy of an email dated May 19, 2004 from Kaori Noma to Ee Kim Lye, among others, (and related emails) regarding fuel prices and surcharges, produced by SIA and identified as SIA_11_000114045 – SIA_11_000114048. Exhibit 4 is a copy of minutes from the November 19, 2003 Board of Airline Representatives Hong Kong meeting, produced by Cathay Pacific and identified as CXTPAC-000664227 – CXTPAC-000664233. Exhibit 5 is a copy of minutes from the May 21, 2004 Board of Airline Representatives Hong Kong meeting, produced by Cathay Pacific and identified as CXTPAC-000664258 – CXTPAC000664265. 13 14 15 16 17 18 Exhibit 6 is a copy of an email dated June 7, 2004 from Ee Kim Lye to Paakkeat Ong (and related emails) regarding fuel surcharges, produced by SIA and identified as SIA_11_000206784 – SIA_11_000206785. Exhibit 7 is a copy of an email dated May 12, 2004 from Ee Kim Lye to Chan Seck Fun regarding fare increases and fuel prices, produced by SIA and identified as SIA_11_000209349. Exhibit 8 is a copy of an email dated March 10, 2000 from Julie Yang to Ee Kim Lye, among others, (and related emails) regarding fuel surcharges, produced by SIA and identified as SIA_11_000229584 – SIA_11_000229586. 19 20 21 22 23 24 25 Exhibit 9 is a copy of an email dated May 31, 2004 from Chan Seck Fun to Ivan Wong, among others, (and related emails) regarding imposing fuel surcharges, produced by SIA and identified as SIA_11_000113253. Exhibit 10 is a copy of an email dated April 11, 2003 from Ee Kim Lye to Chan Seck Fun (and related emails) regarding fare increases and fuel prices, produced by SIA and identified as SIA_11_000125898. Exhibit 11 is a copy of an email dated December 30, 2003 from Chan Seck Fun to Edmond Chiu, among others, (and related emails) regarding insurance surcharges, produced by SIA and identified as SIA_11_000182728 - SIA_11_000182729. 26 27 28 -22REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB 1 2 3 4 5 6 Exhibit 12 is a copy of an email dated October 13, 2005 from Ee Kim Lye to Chan Seck Fun, among others, (and related emails) regarding fares, produced by SIA and identified as SIA_11_000018558 – SIA_11_000018560. Exhibit 13 is a copy of an email dated December 23, 2003 from Chan Seck Fun to Rocky Kwok, among others, (and related emails) regarding insurance surcharges, produced by SIA and identified as SIA_11_000062520. Exhibit 14 is a copy of an email dated February 6, 2004 from Victoria Wong to Constance Wong, among others, (and related emails) regarding insurance surcharges, produced by SIA and identified as SIA_11_000063986 - SIA_11_000063995. 7 8 9 10 11 12 13 14 15 Exhibit 15 is a copy of an email dated January 7, 2004 from Ee Kim Lye to Phillip Goh among others, (and related emails) regarding insurance surcharges, produced by SIA and identified as SIA_11_000127121 - SIA_11_000127124. Exhibit 16 is a copy of an email dated January 12, 2004 from Ee Kim Lye to Philip Goh, among others, (and related emails) regarding insurance surcharges, produced by SIA and identified as SIA_11_000207456 – SIA_11_000207460. Exhibit 17 is a copy of an email dated June 9, 2004 from Chan Seck Fun to Ee Kim Lye (and related emails) regarding fuel surcharges, produced by SIA and identified as SIA_11_000199085. Exhibit 18 is a copy of an email dated June 2, 2004 from Chan Seck Fun to Ee Kim Lye (and related emails and attachments) regarding fuel surcharges, produced by SIA and identified as SIA_11_000199091 – SIA_11_000199092. 16 17 Exhibit 19 is a copy of an email dated March 10, 2000 from Julie Yang to Ee Kim Lye, among others, (and related emails) regarding fares, produced by SIA and identified as SIA_11_000229584 – SIA_11_000229586. 18 19 20 21 22 23 24 25 26 27 28 -23REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB CERTIFICATE OF SERVICE 1 2 I hereby certify that on December 20, 2013, I electronically filed the foregoing 3 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING 4 DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) with the Clerk of the Court 5 using the ECF system which will send notification of such filing to all attorneys of record 6 registered for electronic filing. 7 8 9 /s/ Dana M. Andreoli Dana M. Andreoli 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -24REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF CHAN SECK FUN (LETTER ROGATORY) CASE NO. C07-5634 CRB

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