In re TRANSPACIFIC PASSENGER AIR TRANSPORTATION ANTITRUST LITIGATION

Filing 892

Amended Request for International Judicial Assistance Regarding Taking Deposition of Ee Kim Lye (Letter Rogatory) re #891 Discovery Letter Brief filed by Micah Abrams. Signed by Magistrate Judge Donna M. Ryu on 4/17/14. (ig, COURT STAFF) (Filed on 4/17/2014)

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: [phone]
Facsimile: 650-697-0577
Michael D. Hausfeld
HAUSFELD LLP
1700 K Street, N.W., Suite 650
Washington, D.C. 20006
Telephone: [phone]

Michael P. Lehman (77152)
Christopher Lebsock (184546)
HAUSFELD LLP
44 Montgomery Street, Suite 3400
San Francisco, CA 94104
Telephone: [phone]
Jennie Anderson (203586)
ANDRUS ANDERSON LLP
155 Montgomery Street, Suite 900
San Francisco, CA 94104
Telephone: [phone]

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: [phone]

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
AMENDED REQUEST FOR
INTERNATIONAL JUDICIAL
ASSISTANCE REGARDING TAKING
DEPOSITION OF EE KIM LYE
(LETTER ROGATORY)

23
24
25
26
27
28

AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1

TO THE REGISTRAR OF THE SUPREME COURT OF SINGAPORE:

2
3

WHEREAS, the above-captioned coordinated proceedings are pending before this
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

WHEREAS, it is necessary for the purposes of justice and for the due determination of

8

the matters in dispute between the parties that the following person should be examined as a

9

witness upon oath touching such matters, namely Ee Kim Lye, with a last known address of Blk

10

22, #11-358 Dover Crescent, Singapore (130022), and it appears that such witness is resident

11

within your jurisdiction:

12

I. REQUEST

13

The United States District Court Northern District of California presents its compliments

14

to the Supreme Court of Singapore, and requests international assistance to compel testimony to

15

be used in a civil proceeding before this Court in the above-captioned matter.

16

This Court requests, for the reasons previously stated, that the Supreme Court of

17

Singapore summon Ee Kim Lye, with a last known address of Blk 22, #11-358 Dover Crescent,

18

Singapore (130022), to attend at such time and place as you shall appoint, before you or such

19

other person as according to your procedure is competent to take the examination of witnesses,

20

and that you will cause such witness to be examined orally on the interrogatories and topics

21

which are attached to this letter of request as Attachment A, in the presence of the agents of the

22

plaintiffs and defendants on due notice given.

23

In addition, this Court requests that you will permit the agents of both the plaintiffs and

24

defendants to examine upon interrogatories and oral examination on the interrogatories and

25

topics which are attached to this letter of request as Attachment A or arising out of the answers

26

thereto, such witness, and permit the cross-examination of the said witness upon cross-

27

interrogatories and oral examination, and permit the party producing the witness for

28

-1AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1

examination to examine him orally, or permit the agents of both the plaintiffs and defendants to

2

attend the deposition and taken evidence by video-link.
In addition, this Court requests that you will be pleased to cause the evidence of the said

3
4

witness (and the answers of the said witness and all additional oral questions, whether on

5

examination, cross-examination or re-examination) to be reduced into writing and all books,

6

letters, papers and documents produced on such examination to be duly marked for

7

identification, and that you will be further pleased to authenticate such examination by the seal

8

of your tribunal or in such other way as is in accordance with your procedure and to return it

9

together with the interrogatories and cross-interrogatories and a note of the charges and

10

expenses payable in respect of the execution of this request through the counsel from whom the

11

same was received for transmission to the United States District Court of the Northern District

12

of California.
In addition, this Court requests that you will cause the agents of the parties appointed to

13
14

be informed of the date and place where the examination is to take place. Their contact

15

information is as follows:

16

Allan Steyer
Jayne A. Peeters
Dana M. Andreoli
STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP
One California Street, Third Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

17
18
19
20
21
22
23
24

Jennie Lee Anderson
ANDRUS ANDERSON LLP
155 Montgomery Street, Suite 900
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.986.1474

25

Attorneys for Plaintiff Rachel Diller

26

///

27

///

28

-2AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (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: [phone]
Facsimile: 415-395-8095
William Sherman
LATHAM & WATKINS LLP
555 11th Street, N.W.
Washington, D.C. 20004
Telephone: [phone]
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.
///
///
-3AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (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 Supreme

6

Court of Singapore for costs incurred in executing this Letter Rogatory in an amount not to

7

exceed Two Thousand dollars ($2000.00) in United States Dollars. If the costs for executing this

8

Letter Rogatory will exceed USD $2000, please contact counsel for the Plaintiffs before

9

exceeding this amount. Their contact information is as follows:

16
17
18
19
20

Jennie Lee Anderson
ANDRUS ANDERSON LLP
155 Montgomery Street, Suite 900
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.986.1474
The Court extends to the Registrar of the Supreme Court of Singapore assurances of its

21
22

M. Ryu

H

24

TED
GRAN

onna
By: _____________________________
Judge D
Hon. Judge Donna M. Ryu
ER
C
N
F
United StatesIMagistrate Judge
D IS T C T O
R
RT

Dated: ___________________
4/17/2014

NO

23

ISTRIC
ES D
TC
AT
T

RT
U
O

highest consideration.

R NIA

15

FO

14

LI

13

A

12

S

11

Allan Steyer
Jayne A. Peeters
Dana M. Andreoli
STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP
One California Street, Third Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

UNIT
ED

10

25
26
27
28

-4AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1

Attachment A: Questions for Ee Kim Lye

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.

Who did you report to?

8

e.

Who reported to you?

9

f.

Were you involved in setting Singapore Airlines’ fuel surcharges?

10
11

i.

If yes, how did Singapore Airlines decide to initially impose a fuel

surcharge and in what amount?

12

ii.

13

imposed?

14

iii.

17
18
19
20
21

If yes, how did Singapore Airlines decide how much to change the fuel
surcharge for Singapore Airlines?

15
16

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?

22

(a) What was their title?

23

(b) When were they employed with Singapore Airlines?

24

(c) Who did they report to?

25

(d) Who were their direct reports?

26
27
28

vii.

If no, who did have authority?
(a) What was their title?
-5-

AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1

(b) When were they employed with Singapore Airlines?

2

(c) Who did they report to?

3

(d) Who were their direct reports?

4

(e)

5

Did you ever communicate with these people about changing fuel

surcharges for Singapore Airline flights to or from the United States?

6

If yes, when?

7

If yes, what was said?

8
9

g.

Did the fuel charges Singapore charged vary at any given time? E.g., by flight

time, distance, ticket class, destination?

10

i.

If so, when did they vary?

11

ii.

If so, why did they vary?

12

iii.

Was there every any tiered system for assessing fuel surcharges? How as
that structured? When?

13
14

h.

Were you involved in setting Singapore Airlines’ fares?

15

i.

If yes, what were the criteria used to determine Singapore Airlines’ fares?

16

ii.

If yes, how did Singapore Airlines decide how much to change the fares

17
18
19
20
21
22
23

for Singapore Airlines?
iii.

If yes, did Singapore Airlines ever change the fares for Singapore

Airlines flights flying to and from the United States?
iv.

If yes, when did Singapore Airlines make those changes to fares for

Singapore Airlines flights flying to and from the United States?
v.

If yes, who else at Singapore Airlines had authority to change or control

the Singapore Airlines fares?

24

What was their title?

25

When were they employed with Singapore Airlines?

26

Who did they report to?

27

Who were their direct reports?

28

-6AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

vi.

1
2

If no, who did have authority to change or control the Singapore Airlines

fares?

3

What was their title?

4

When were they employed with Singapore Airlines?

5

Who did they report to?

6

Who were their direct reports?

7

Did you ever communicate with these people about changing fuel

8

surcharges for Singapore Airline flights to or from the United States?
If yes, when?

9

If yes, what was said?

10
11

3.

Were you employed with other airlines?

12

a.

If yes, with what other airlines were you employed?

13

b.

If yes, what dates were you employed at each of the other airlines?

14

c.

If yes, what positions did you hold at each of the other airlines?

15

d.

If yes, what were your responsibilities/duties at each of the other airlines?

16

4.

When you were employed at Singapore Airlines, did you directly communicate with

17

other airlines regarding fuel surcharges?

18

a.

What airlines?

19

b.

With whom did you communicate?

20

c.

When did you communicate with them?

21

d.

What was communicated?

22

e.

Why?

23

5.

24

other airlines regarding fares?

When you were employed at Singapore Airlines, did you directly communicate with

25

a.

What airlines?

26

b.

With whom did you communicate?

27

c.

When did you communicate with them?

28

-7AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1

d.

What was communicated?

2

e.

Why?

3

6.

Were you aware of anyone else at Singapore Airlines who directly communicated with

4

other airlines regarding fuel surcharges?

5

a.

Who? What were their names and titles?

6

b.

What airlines and with whom did they communicate with?

7

c.

When did they communicate with the other airlines?

8

d.

What was communicated?

9

e.

Why?

10

7.

Were you aware of anyone else at Singapore Airlines who directly communicated with

11

other airlines regarding fares?

12

a.

Who? What were their names and titles?

13

b.

What airlines and with whom did they communicate with?

14

c.

When did they communicate with the other airlines?

15

d.

What was communicated?

16

e.

Why?

17

8.

18

surcharges?

Did Singapore Airlines coordinate with other airlines regarding whether to impose fuel

19

a.

If yes, describe all such instances.

20

b.

If yes, did these fuel surcharges affect flights to or from the United States?

21

9.

Did Singapore Airlines coordinate with other airlines regarding the amount of fuel

22

surcharges to be imposed on any given flight?

23

a.

If yes, describe all such instances.

24

b.

If yes, did these fuel surcharges affect flights to or from the United States?

25

10.

26

charged for any given flight?

27
28

Did Singapore Airlines coordinate with other airlines regarding the amount of fares to be

a.

If yes, describe all such instances.
-8-

AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

b.

1

If yes, did these fares affect flights to or from the United States?

2

11.

3

airline raised their fuel surcharge?

Did Singapore Airlines agree with other airlines to raise fuel surcharges if another

4

a.

If yes, describe all such instances.

5

b.

If yes, did these fuel surcharges affect flights to or from the United States?

6

12.

Did Singapore Airlines agree with other airlines to raise fares if another airline raised

7

their fares?

8

a.

9

If yes, did these fares affect flights to or from the United States?

If yes, describe all such instances.

10

13.

11

communicate with Cathay Pacific Airways regarding fuel surcharges?

12
13
14
15
16

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 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

17

person, facsimile?

18

d.

When did these communications take place?

19

e.

What was communicated?

20

f.

Did Singapore Airlines agree with Cathay Pacific Airways to impose fuel

21

surcharges if Cathay Pacific Airways raised their fuel surcharge?
(1)

22
23

United States? How?
(2)

24
25
26

If yes, did these fuel surcharges affect/concern flights to or from the

g.

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with Cathay Pacific Airways to coordinate the

amount of fuel surcharges to be imposed on any given flight?

27
28

-9AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

(1)

1
2

United States? How?
(2)

3
4
5

h.

10
11
12
13
14
15

Did Singapore Airlines agree with Cathay Pacific Airways to raise fuel

(1)

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?

8
9

What flights did these fuel surcharges affect/concern? How?

surcharges if Cathay Pacific Airways raised their fuel surcharge?

6
7

If yes, did these fuel surcharges affect/concern flights to or from the

(2)

What flights did these fuel surcharges affect/concern? How?

14. When you were employed at Singapore Airlines, did you or anyone who reported to you
communicate with Cathay Pacific Airways regarding fares?
a.

If yes, who at Singapore Airlines participated in these communications? What

were their names and titles?
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

16

person, facsimile?

17

d.

When did these communications take place?

18

e.

What was communicated?

19

f.

Did Singapore Airlines agree with Cathay Pacific Airways to coordinate the

20

amount of fares to be imposed on any given flight?
(1)

22

25

g.

28

Did Singapore Airlines agree with Cathay Pacific Airways to raise fares if

Cathay Pacific Airways raised their fares?

26
27

What flights did these fares affect/concern? How?

How?

23
24

If yes, did these fares affect/concern flights to or from the United States?

(2)

21

(1)

If yes, did these fares affect/concern flights to or from the United States?

How?
-10AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

(2)

1

What flights did these fares affect/concern? How?

2

15.

3

communicate with All Nippon Airways regarding fuel surcharges?

4
5
6
7
8

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.

How did these communications take place? I.E. by telephone, over email, in

9

person, facsimile?

10

d.

When did these communications take place?

11

e.

What was communicated?

12

f.

Did Singapore Airlines agree with All Nippon Airways to impose fuel

13

surcharges if All Nippon Airways raised their fuel surcharge?

14
15

(1)

United States? How?
(2)

16
17
18

g.

23
24
25
26

Did Singapore Airlines agree with All Nippon Airways to coordinate the amount

(1)

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?
(2)

21
22

What flights did these fuel surcharges affect/concern? How?

of fuel surcharges to be imposed on any given flight?

19
20

If yes, did these fuel surcharges affect/concern flights to or from the

h.

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with All Nippon Airways to raise fuel surcharges if

All Nippon Airways raised their fuel surcharge?
(1)

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?
(2)

What flights did these fuel surcharges affect/concern? How?

27
28

-11AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1

16.

When you were employed at Singapore Airlines, did you or anyone who reported to you

2

communicate with All Nippon Airways regarding fares?

3

a.

4

were their names and titles?

5

b.

6

If yes, who at Singapore Airlines participated in these communications? What

If yes, who at All Nippon Airways participated in these communications? What

were their names and titles?
c.

7

How did these communications take place? I.E. by telephone, over email, in

8

person, facsimile?

9

d.

When did these communications take place?

10

e.

What was communicated?

11

f.

Did Singapore Airlines agree with All Nippon Airways to coordinate the amount

12

of fares to be imposed on any given flight?
(1)

14

What flights did these fares affect/concern? How?

How?

15

g.

16
17

If yes, did these fares affect/concern flights to or from the United States?

(2)

13

Did Singapore Airlines agree with All Nippon Airways to raise fares if All

Nippon Airways raised their fares?

18

(1)

19

How?

20

(2)
h.

21

If yes, did these fares affect/concern flights to or from the United States?

What flights did these fares affect/concern? How?

Are you aware that All Nippon Airways has pleaded guilty to charges that it

22

conspired to fix certain types of passenger fares? Have you reviewed the Plea Agreement?

23

17.

24

communicate with China Airlines regarding fuel surcharges?

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

-12AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

b.

1
2

If yes, who China Airlines participated in these communications? What were

their names and titles?
c.

3

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 China Airlines to impose fuel surcharges if

8

China Airlines raised their fuel surcharge?
(1)

9

United States? How?

10
11

(2)
g.

12
13

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with China Airlines to coordinate the amount of

fuel surcharges to be imposed on any given flight?

14

(1)

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?

15

(2)

16
17
18

If yes, did these fuel surcharges affect/concern flights to or from the

h.

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with China Airlines to raise fuel surcharges if

China Airlines raised their fuel surcharge?
(1)

19
20

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?
(2)

21

What flights did these fuel surcharges affect/concern? How?

22

18.

23

communicate with China Airlines regarding fares?

24
25
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?
b.

If yes, who at China Airlines participated in these communications? What were

their names and titles?
-13AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

c.

1

How did these communications take place? I.E. by telephone, over email, in

2

person, facsimile?

3

d.

When did these communications take place?

4

e.

What was communicated?

5

f.

Did Singapore Airlines agree with China Airlines to coordinate the amount of

6

fares to be imposed on any given flight?
(1)

8

If yes, did these fares affect/concern flights to or from the United States?

(2)

7

What flights did these fares affect/concern? How?

How?

9
10

g.

Did Singapore Airlines agree with China Airlines to raise fares if China Airlines

11

raised their fares?

12

(1)

If yes, did these fares affect/concern flights to or from the United States?

(2)

What flights did these fares affect/concern? How?

How?

13
14
15

19.

16

communicate with Malaysia 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 Malaysia 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

22

person, facsimile?

23

d.

When did these communications take place?

24

e.

What was communicated?

25

f.

Did Singapore Airlines agree with Malaysia Airlines to impose fuel surcharges if

26

Malaysia Airlines raised their fuel surcharge?

27
28

-14AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

(1)

1
2

United States? How?
(2)

3

g.

4
5

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with Malaysia Airlines to coordinate the amount of

fuel surcharges to be imposed on any given flight?
(1)

6

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?

7
8

(2)
h.

9
10

If yes, did these fuel surcharges affect/concern flights to or from the

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with Malaysia Airlines to raise fuel surcharges if

Malaysia Airlines raised their fuel surcharge?

11

(1)

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?

12

(2)

13

What flights did these fuel surcharges affect/concern? How?

14

20.

15

communicate with Malaysia 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 Malaysia 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

21

person, facsimile?

22

d.

When did these communications take place?

23

e.

What was communicated?

24

f.

Did Singapore Airlines agree with Malaysia Airlines to coordinate the amount of

25

fares to be imposed on any given flight?

26
27
28

(1)

If yes, did these fares affect/concern flights to or from the United States?

How?
-15AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

(2)

1
2
3

g.

What flights did these fares affect/concern? How

Did Singapore Airlines agree with Malaysia Airlines to raise fares if Malaysia

Airlines raised their fares?
(1)

5

If yes, did these fares affect/concern flights to or from the United States?

(2)

4

What flights did these fares affect/concern? How?

How?

6
7

21.

8

communicate with Philippine Airlines regarding fuel surcharges?

9
10
11
12
13

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

14

person, facsimile?

15

d.

When did these communications take place?

16

e.

What was communicated?

17

f.

Did Singapore Airlines agree with Philippine Airlines to impose fuel surcharges

18

if Philippine Airlines raised their fuel surcharge?
(1)

19
20

United States? How?
(2)

21
22
23
24
25
26

If yes, did these fuel surcharges affect/concern flights to or from the

g.

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with Philippine Airlines to coordinate the amount

of fuel surcharges to be imposed on any given flight?
(1)

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?
(2)

What flights did these fuel surcharges affect/concern? How?

27
28

-16AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

h.

1
2

Did Singapore Airlines agree with Philippine Airlines to raise fuel surcharges if

Philippine Airlines raised their fuel surcharge?
(1)

3

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?

4
5

(2)

What flights did these fuel surcharges affect/concern? How?

6

22.

7

communicate with Philippine Airlines regarding fares?

8
9

a.

If yes, who at Singapore Airlines participated in these communications? What

were their names and titles?
b.

10
11

When you were employed at Singapore Airlines, did you or anyone who reported to you

If yes, who at Philippine Airlines participated in these communications? What

were their names and titles?
c.

12

How did these communications take place? I.E. by telephone, over email, in

13

person, facsimile?

14

d.

When did these communications take place?

15

e.

What was communicated?

16

f.

Did Singapore Airlines agree with Philippine Airlines to coordinate the amount

17

of fares to be imposed on any given flight?
(1)

What flights did these fares affect/concern? How?

How?

19
20

g.

21
22

If yes, did these fares affect/concern flights to or from the United States?

(2)

18

Did Singapore Airlines agree with Philippine Airlines to raise fares if Philippine

Airlines raised their fares?

23

(1)

If yes, did these fares affect/concern flights to or from the United States?

(2)

What flights did these fares affect/concern? How?

How?

24
25
26

23.

27

communicate with Thai Airways regarding fuel surcharges?

28

When you were employed at Singapore Airlines, did you or anyone who reported to you

-17AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

a.

1
2

If yes, who at Singapore Airlines participated in these communications? What

were their names and titles?

3

b.

If yes, who Thai Airways participated in these communications? What were their

4

names and titles?

5

c.

How did these communications take place? I.E. by telephone, over email, in

6

person, facsimile?

7

d.

When did these communications take place?

8

e.

What was communicated?

9

f.

Did Singapore Airlines agree with Thai Airways to impose fuel surcharges if

10

Thai Airways raised their fuel surcharge?

11

(1)

United States? How?

12

(2)

13
14
15

g.

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with Thai Airways to coordinate the amount of fuel

surcharges to be imposed on any given flight?
(1)

16
17

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?
(2)

18

h.

19
20

If yes, did these fuel surcharges affect/concern flights to or from the

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with Thai Airways to raise fuel surcharges if Thai

Airways raised their fuel surcharge?
(1)

21

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?

22
23

(2)

What flights did these fuel surcharges affect/concern? How?

24

24.

25

communicate with Thai Airways regarding fares?

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?
-18AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (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?
c.

3

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 Thai Airways to coordinate the amount of

8

fares to be imposed on any given flight?
(1)

If yes, did these fares affect/concern flights to or from the United States?

(2)

9

What flights did these fares affect/concern? How?

How?

10
11
12

g.

Did Singapore Airlines agree with Thai Airways to raise fares if Thai Airways

13

raised their fares?

14

(1)

If yes, did these fares affect/concern flights to or from the United States?

(2)

What flights did these fares affect/concern? How?

How?

15
16
17

25.

18

communicate with Vietnam Airlines regarding fuel surcharges?

19
20
21
22
23

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

24

person, facsimile?

25

d.

When did these communications take place?

26

e.

What was communicated?

27
28

-19AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

f.

1
2

Vietnam Airways raised their fuel surcharge?
(1)

3

5

(2)
g.

6

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with Vietnam Airlines to coordinate the amount of

fuel surcharges to be imposed on any given flight?

8

(1)

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?

9

(2)

10
11
12

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?

4

7

Did Singapore Airlines agree with Vietnam Airlines to impose fuel surcharges if

h.

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with Vietnam Airlines to raise fuel surcharges if

Vietnam Airlines raised their fuel surcharge?
(1)

13
14

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?
(2)

15

What flights did these fuel surcharges affect/concern? How?

16

26.

17

communicate with Vietnam Airlines regarding fares?

18
19
20
21
22

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 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

23

person, facsimile?

24

d.

When did these communications take place?

25

e.

What was communicated?

26

f.

Did Singapore Airlines agree with Vietnam Airlines to coordinate the amount of

27
28

fares to be imposed on any given flight?
-20AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

(1)

1
2
3

g.

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

Airlines raised their fares?
(1)

4

If yes, did these fares affect/concern flights to or from the United States?

5

27.

6

communicate with Japan Airlines regarding fuel surcharges?

7
8
9
10
11

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 Japan 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

12

person, facsimile?

13

d.

When did these communications take place?

14

e.

What was communicated?

15

f.

Did Singapore Airlines agree with Japan Airlines to impose fuel surcharges if

16

Japan Airlines raised their fuel surcharge?

17
18

(1)

United States? How?
(2)

19
20
21

g.

26

Did Singapore Airlines agree with Japan Airlines to coordinate the amount of

(1)

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?
(2)

24
25

What flights did these fuel surcharges affect/concern? How?

fuel surcharges to be imposed on any given flight?

22
23

If yes, did these fuel surcharges affect/concern flights to or from the

h.

What flights did these fuel surcharges affect/concern? How?

Did Singapore Airlines agree with Japan Airlines to raise fuel surcharges if Japan

Airlines raised their fuel surcharge?

27
28

-21AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

(1)

1
2

If yes, did these fuel surcharges affect/concern flights to or from the

United States? How?
(2)

3

What flights did these fuel surcharges affect/concern? How?

4

28.

5

communicate with Japan Airlines regarding fares?
a.

6
7

If yes, who at Singapore Airlines participated in these communications? What

were their names and titles?

8
9

When you were employed at Singapore Airlines, did you or anyone who reported to you

b.

If yes, who at Japan 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

11

person, facsimile?

12

d.

When did these communications take place?

13

e.

What was communicated?

14

f.

Did Singapore Airlines agree with Japan Airlines to coordinate the amount of

15

fares to be imposed on any given flight?
(1)

17

If yes, did these fares affect/concern flights to or from the United States?

(2)

16

What flights did these fares affect/concern? How?

How?

18
19

g.

Did Singapore Airlines agree with Japan Airlines to raise fares if Japan Airlines

20

raised their fares?

21

(1)

If yes, did these fares affect/concern flights to or from the United States?

(2)

What flights did these fares affect/concern? How?

How?

22
23
24

29.

25

understanding?

26
27
28

Do you have an understanding of the allegations in this lawsuit? What is your

a.

Are you aware that plaintiffs in this lawsuit allege that Singapore Airlines

conspired to fix the price of fuel surcharges?
-22AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

b.

1

Are you aware that plaintiffs in this lawsuit allege that Singapore airlines

2

conspired to fix the prices of passenger airfares?

3

30.

Did you receive any antitrust training while at Singapore Airlines?

4

a.

When? How? By Whom?

5

b.

Describe the training.

6

31.

With respect to each document identified in ATTACHMENT B, a copy of which will be

7

provided to you, answer the following:

8

a.

Are you familiar with this document?

9

b.

Have you seen this document before?

10

c.

Please explain what this document is.

11

d.

When did you first see this document?

12

(1)

Was this in connection with your employment at SIA?

13

(2)

If yes, what was your position and responsibilities at the time?

14

e.

Are you the author of this document?

15

(1)

Were you in any way involved in the preparation of this document?

16

(2)

Explain your involvement.

17

(3)

If applicable, what does it mean to be “sponsored” or “approved” by you?

18

(4)

Did you send this document to anyone?

19

i.

If yes, who?

20

ii.

If yes, why?

21

f.

What was the purpose of this document?

22

g.

Did you receive this document?

23

(1)

If yes, why was it sent to you?

24

(2)

If yes, how did you respond?

25
26
27
28

h.

Please explain the roles of the other individuals named in this document at the

time this document originated.
(1)

What company did each such individual work for?
-23-

AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1

(2)

Was the company a competitor of SIA?

2

(3)

What position did each such individual hold and what were his or her

3

responsibilities?

4

(4)

What was your relationship with each such individual?

5

(5)

How frequently did you communicate with each such individual?

6

(6)

How did you communicate with him or her, e.g., letter, email, telephone,

7

in person, etc.

8

i.

9
10

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?

11

(1)

If yes, with whom (name, position, responsibilities)?

12

(2)

If yes, when?

13

(3)

If yes, please describe your discussions.

14

(4)

If yes, did you or anyone at SIA come to any conclusions?

15

k.

Did you discuss this document with anyone outside of SIA?

16

(1)

If yes, with whom (name, company, position, responsibilities)?

17

(2)

If yes, when?

18

(3)

If yes, please describe your discussions.

19

(4)

If yes, did you come to any agreement regarding the matters described in

20

the document?
(5)

21

Did you come to any agreement regarding future conduct of SIA and/or

22

any competitor?

23

l.

Explain the basis for any calculations contained in the document.

24
25
26
27
28

-24AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

ATTACHMENT B
Exhibit 1 is a copy of an email dated September 19, 2000 from Jimmy Cheng to Ee Kim Lye
regarding planned fuel surcharge increases, produced by SIA and identified as
SIA_11_000155033.
Exhibit 2 is a copy of an email dated April 17, 2002 from Ee Kim Lye to Casey Ow Yong
(and related emails) regarding imposing a fuel surcharge, produced by SIA and identified as
SIA_11_000165430 – SIA_11_000165431.
Exhibit 3 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
Exhibit 4 is a copy of an email dated May 10, 2004 from Huang Cheng Eng to Ee Kim Lye,
among others, (and related emails) regarding fuel surcharge increases, produced by SIA and
identified as SIA_11_000113920 – SIA_11_000113921.
Exhibit 5 is a copy of an email dated May 19, 2004 from Kaori Noma to Ee Kim Lye, among
others, (and related emails) regarding fare increases and fuel prices, produced by SIA and
identified as SIA_11_000114045-SIA_11_000114048.
Exhibit 6 is a copy of an email dated August 6, 2004 from Jimmy Cheng to Ee Kim Lye (and
related emails) regarding fuel surcharge increases, produced by SIA and identified as
SIA_11_000113997.
Exhibit 7 is a copy of an email dated October 25, 2004 from Jimmy Cheng to Ee Kim Lye,
among others, (and related emails) regarding fuel surcharge increases, produced by SIA and
identified as SIA_11_000120235.
Exhibit 8 is a copy of an email dated November 5, 2004 from Huang Cheng Eng to Ee Kim
Lye, among others, (and related emails) regarding fuel surcharges, produced by SIA and
identified as SIA_11_000120220 – SIA_11_000120221.
Exhibit 9 is a copy of an email dated April 21, 2005 from Suzette Cha to Shirley Yan, among
others, (and related emails) regarding fuel surcharge increases, produced by SIA and
identified as SIA_11_000103657 – SIA_11_000103659.
Exhibit 10 is a copy of an email dated April 21, 2005 from Ee Kim Lye to Huang Cheng Eng,
among others, (and related emails) regarding fuel surcharge increases, produced by SIA and
identified as SIA_11_000130983 – SIA_11_000130984.
Exhibit 11 is a copy of an email dated May 27, 2005 from Tomomi Kubota to Ee Kim Lye,
among others, (and related emails) regarding fuel surcharges, produced by
SIA_11_000102880 – SIA_11_000102881.
Exhibit 12 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 13 is a copy of chart labeled “Summary on Implementation of Fare Increases for Period
April 2000 – October 2000,” produced by SIA and identified as SIA_15_000007189 SIA 15 000007193.
-25AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1
2
3
4

Exhibit 14 is a copy of a memorandum dated November 19, 2001 drafted by Vipawan
Suwathluxkul and copied to Ee Kim Lye regarding insurance surcharges, produced by SIA and
identified as SIA_15_000019172 – SIA_15_000019174.
Exhibit 15 is a copy of a memorandum regarding Assessment of SIA Participation in the IATA
Tariff Co-Ordinating Conferences dated December 27, 2002 and prepared by the Head Tariffs
& Industry Affairs, produced by SIA and identified as SIA_15_000008111 –
SIA_15_000008113.

5
6

Exhibit 16 is a copy of an email dated March 3, 2003 from Edmond Chiu to Ee Kim Lye,
among others, (and related emails) regarding fuel surcharges, produced by SIA and identified
as SIA_15_000014587 - SIA_15_000014588.

7
8

Exhibit 17 is a copy of an email dated March 3, 2003 from Liang Song Lim to Ee Kim Lye,
among others, (and related emails) regarding fare pricing and fuel surcharges, produced by SIA
and identified as SIA_15_000014585 – SIA_15_000014586.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Exhibit 18 is a copy of notes from the BAR-Extraordinary Meeting dated March 4, 2003,
produced by SIA and identified as SIA_15_000014578 – SIA_15_000014579.
Exhibit 19 is a copy of an email dated April 11, 2003 from Ee Kim Lye to Chan Seck Fun,
among others, regarding fuel related fare increase, produced by SIA and identified as
SIA_11_000125898.
Exhibit 20 is a copy of an email dated May 10, 2004 from Huang Cheng Eng to Ee Kim Lye,
among others, (and related emails) regarding fuel surcharges, produced by SIA and identified
as SIA_15_000014715 – SIA_15_000014716.
Exhibit 21 is a copy of a memorandum dated May 13, 2004 and prepared by Ee Kim Lye
regarding fuel surcharges, produced by SIA and identified as SIA_11_000026793 –
SIA_11_000026794.
Exhibit 22 is a copy of an email dated May 31, 2004 from Chan Seck Fun to Ee Kim Lye,
among others, (and related emails) regarding fuel surcharges, produced by SIA and identified
as SIA_11_000113253.
Exhibit 23 is a copy of an email dated June 1, 2004 from David Goh to Ee Kim Lye, among
others, (and related emails) regarding fuel surcharges, produced by SIA and identified as
SIA_15_000014705 - SIA_15_000014706.
Exhibit 24 is a copy of an email dated June 2, 2004 from Chan Seck Fun to Ee Kim Lye (and
related attachments) regarding fuel surcharges, produced by SIA and identified as
SIA_11_000199091.
Exhibit 25 is a copy of an email dated June 7, 2004 from Zainul Alijunied to Ee Kim Lye,
among others, (and related emails) regarding fuel surcharges, produced by SIA and identified
as SIA_11_000199933 – SIA_11_000199942.
Exhibit 26 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.

27
28

-26AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1
2

Exhibit 27 is a copy of a memorandum from SIA’s Management Meeting dated August 18,
2004 regarding SIA’s proposal to increase fuel surcharge prepared by Ee Kim Lye and
sponsored by Huang Cheng Eng, produced by SIA and identified as SIA_15_000008015 –
SIA_15_000008023.

3
4

Exhibit 28 is a copy of an email dated September 15, 2004 from Ee Kim Lye to Kaori Noma of
JAL (and related emails) regarding fuel surcharges, produced by SIA and identified as
SIA_15_000008021 – SIA_15_000008023.

5
6

Exhibit 29 is a copy of an IATA memorandum dated October 29, 2004 containing the minutes
of the Special Meeting of the Passenger Tariff Conferences Steering Group held on September
27, 2004, produced by SIA and identified as SIA_11_000008255 – SIA_11_000008272.

7
8

Exhibit 30 is a copy of an email dated October 25, 2004 from Jimmy Cheng of Cathay to Ee
Kim Lye, among others,(and related emails) regarding fuel surcharges, produced by SIA and
identified as SIA_15_000018881.

9
10

Exhibit 31 is a copy of an email dated November 5, 2004 from Jimmy Cheng of Cathay to Ee
Kim Lye (and related emails) regarding fuel surcharges, produced by SIA and identified as
SIA_11_000120222.

11
12

Exhibit 32 is a copy of an email dated December 22, 2004 from Yasuhiro Nishiyama of ANA
to Ee Kim Lye, among others, (and related emails) regarding fuel surcharges, produced by SIA
and identified as SIA_11_000201974 – SIA_11_000201975.

13
14

Exhibit 33 is a copy of an email dated January 19, 2005 from Tomomi Kubota of JAL to Ee
Kim Lye, among others, regarding fuel surcharges, produced by PAL and identified as PAL02656960 – PAL-02656961.

15
16

Exhibit 34 is a copy of an email dated February 16, 2005 from Sak Hin Chin to Ee Kim Lye
(and related emails) regarding fares and insurance surcharges, produced by SIA and identified
as SIA_15_000008006 – SIA_15_000008008.

17
18

Exhibit 35 is a copy of an email dated April 22, 2005 from Laurence Lau of Malaysian Air to
Ee Kim Lye (and related emails and attachments) regarding fuel surcharges, produced by SIA
and identified as SIA_15_000018510 – SIA_15_000018511.

19
20

Exhibit 36 is a copy of an email dated April 29, 2005 from Eugene Lee of Philippine Air to Ee
Kim Lye (and related emails) regarding fuel surcharges, produced by SIA and identified as
SIA_15_000018517 – SIA_15_000018518.

21
22

Exhibit 37 is a copy of an email dated June 21, 2005 from Jimmy Cheng of Cathay to Ee Kim
Lye (and related emails) regarding IATA fares and fuel surcharges, produced by SIA and
identified as SIA_11_000111958 – SIA_11_000111959.

23
24

Exhibit 38 is a copy of an email dated July 8, 2005 from Constance Wong to Ee Kim Lye,
among others (and related emails) regarding fuel surcharges, produced by SIA and identified as
SIA_15_000016394 – SIA_15_000016397.

25
26

Exhibit 39 is a copy of an email dated October 17, 2005 from Kian Hai Cheng to Ian Lorigan,
among others, (and related emails) regarding baggage, produced by SIA and identified as
SIA_04_000006541 – SIA_04_000006543.

27
28

-27AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

1

Exhibit 40 is a copy of various spreadsheets regarding fuel surcharges, produced by SIA and
identified as SIA_11_000000885 - SIA_11_000000889.

2
3

Exhibit 41 is a copy of an email dated May 2, 2007 from Yvette Lee to Constance Wong,
among others (and related emails) regarding fuel surcharges, produced by SIA and identified as
SIA_11_000247518 - SIA_11_000247521.

4
5

Exhibit 42 is a copy of an spreadsheet titled 3-Tier Fuel Surcharge Cost Recovery Based On
Various Surcharges and identified as SIA_11_000000224.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-28AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB

CERTIFICATE OF SERVICE

1
2

I hereby certify that on April 17, 2014, I electronically filed the foregoing AMENDED

3

REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING

4

DEPOSITION OF EE KIM LYE (LETTER ROGATORY) with the Clerk of the Court using the

5

ECF system which will send notification of such filing to all attorneys of record registered for

6

electronic filing.

7
8
9

/s/ Jennie Lee Anderson
Jennie Lee Anderson

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-29AMENDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE REGARDING TAKING DEPOSITION OF EE
KIM LYE (LETTER ROGATORY)
CASE NO. C07-5634 CRB