Costco Wholesale Corp. v. Au Optronics Corp. et al

Filing 17

ORDER GRANTING PLAINTIFF'S MOTION FOR ORDER TO SERVE DEFENDANT CHUNGHWA PICTURE TUBES, LTD. THROUGH ITS U.S. COUNSEL re 12 . (SI, COURT STAFF) (Filed on 5/11/2011) Modified on 5/11/2011 (ys, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IN RE: TFT-LCD (FLAT PANEL) ANTITRUST
LITIGATION
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No. C 11-0058 SI

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United States District Court
For the Northern District of California

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This Order Relates To:

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ORDER GRANTING PLAINTIFF’S
MOTION FOR ORDER TO SERVE
DEFENDANT CHUNGHWA PICTURE
TUBES, LTD. THROUGH ITS U.S.
COUNSEL

COSTCO WHOLESALE CORPORATION,
Plaintiff,

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No. M 07-1827 SI
MDL No. 1827

v.
AU OPTRONICS CORPORATION, ET AL.,
Defendants.

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Plaintiff has filed a motion to serve a foreign defendant, Chunghwa Picture Tubes, Ltd., through
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its U.S. counsel pursuant to Federal Rule of Civil Procedure 4(f)(3). The Court has previously heard
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and granted a number of similar motions in this MDL. See, e.g., Order Re: Defendant Nexgen
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MediaTech Inc.’s Motion to Dismiss for Insufficient Service of Process; Quashing Service; and
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Granting Direct Purchaser Plaintiffs’ Motion to Serve Nexgen Through its Counsel Under Fed. R. Civ.
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P. 4(f)(3), Nov. 19, 2008 (Master Docket No. 725); see also Master Docket Nos. 1309, 1657, 1779,
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2109, 2532, and 2584.
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For the reasons set forth in its prior orders, the Court finds that service under Rule 4(f)(3) is both
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available to plaintiff and appropriate in this case. See, e.g., Rio Properties, Inc. v. Rio Intern. Interlink,
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284 F.3d 1007, 1014-15 (9th Cir. 2002) (holding that service of process under Rule 4(f)(3) is not a “last
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resort,” but “merely one means among several which enables service of process on an international
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defendant”). Further, due to Chunghwa’s active participation in this lawsuit for the past three years, the
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Court finds that service through its U.S. counsel will fully comport with due process. See FMAC Loan

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Receivables v. Dagra, 228 F.R.D. 531, 534 (E.D. Va. 2005) (finding service on defendant through his

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attorney complied with due process because the numerous motions filed by defendant’s attorney made

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it “abundantly clear” that the two had been in constant communication).

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CONCLUSION

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For the foregoing reasons and for good cause shown, the Court hereby GRANTS plaintiff’s

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motion to serve Chunghwa Picture Tubes, Ltd. through its U.S. counsel pursuant to Federal Rule of

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Civil Procedure 4(f)(3). Docket No. 12 in C 11-0058 SI; Docket No. 2562 in M 07-1827 SI.

United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated: May 11, 2011
SUSAN ILLSTON
United States District Judge

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