T-Mobile U.S.A., Inc. v AU Optronics Corporation, et al

Filing 27

MOTION Motion by T-Mobile USA, Inc. for Order Authorizing Plaintiff to Serve Defendants Chunghwa Picture Tubes Ltd. and Tatung Company Through Their U.S. Counsel Pursuant to Fed. R. Civ. P. 4(f)(3) filed by T-Mobile USA Inc. Motion Hearing set for 8/12/2011 09:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 7/15/2011. Replies due by 7/22/2011. (Attachments: # 1 Affidavit of Brooke Taylor, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(Taylor, Brooke) (Filed on 7/1/2011)

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David Orozco (220732)
SUSMAN GODFREY LLP
1901 Avenue of the Stars, Suite 950
Los Angeles, California 90067-6029
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Edward A. Friedman (pro hac vice)
Daniel B. Rapport (pro hac vice)
Hallie B. Levin (pro hac vice)
FRIEDMAN KAPLAN SEILER & ADELMAN LLP
7 Times Square
New York, NY 10036-6516
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff T-Mobile USA, Inc.
(See Signature Page for Names and Addresses
of Additional Counsel for Plaintiffs)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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IN RE TFT-LCD (FLAT PANEL)
ANTITRUST LITIGATION

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THIS DOCUMENT RELATES TO:

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T-MOBILE U.S.A., I.N.C.,

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Plaintiff,

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v.

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AU OPTRONICS CORPORATION,
ET AL.

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Master Docket No. C M:07-01827 SI
Individual Case No. C 3:11-02591 SI
DECLARATION OF BROOKE A.
M. TAYLOR IN SUPPORT OF
PLAINTIFF’S MOTION FOR
ORDER AUTHORIZING
PLAINTIFF TO SERVE
DEFENDANTS CHUNGHWA
PICTURE TUBES LTD. AND
TATUNG COMPANY THROUGH
THEIR U.S. COUNSEL
PURSUANT TO FED. R. CIV. P.
4(f)(3)

Defendants.
Date:
August 12, 2011
Time:
9:00 a.m.
Ct. Room: No. 10
Honorable Susan Illston

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DECL OF B. TAYLOR I/S/O MOTION FOR ORDER AUTHORIZING PLAINTIFF TO SERVE CHUNGHWA AND TATUNG
THROUGH U.S. COUNSEL
MASTER FILE NO.: M-07-1827-SI
CASE NO. 3:11-02591 SI

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I, Brooke A. M. Taylor, hereby declare as follows:

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1.

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I am an attorney licensed to practice law in the State of Washington and have been

admitted to practice pro hac vice before the bar of this Court. I am a partner in Susman Godfrey
LLP, counsel of record for T-Mobile USA, Inc. (“T-Mobile”), in the above captioned action
pending in this Court.
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I submit this declaration to set forth facts in support of Plaintiff’s Motion for Order

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Authorizing Plaintiff to Serve Defendants Chunghwa Picture Tubes Ltd. And Tatung Company

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Through Their U.S. Counsel Pursuant to Fed. R. Civ. P. 4(f)(3), filed concurrently herewith.

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Unless otherwise stated below, the matters stated herein are true to my own personal knowledge,

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and if called as a witness, I could and would competently testify thereto.

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3.

On April 18, 2011, T-Mobile filed in the United States District Court for the

Western District of Washington a Complaint for Damages naming multiple defendants, including
Chunghwa Picture Tubes Ltd. (“Chunghwa”) and Tatung Company (“Tatung”). The T-Mobile

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Complaint alleges violation of federal and state antitrust laws. On May 31, 2011, T-Mobile’s

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individual action was transferred to this Court pursuant to Rule7.1 of the Rules of Procedure of

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the United States Judicial Panel on Multidistrict Litigation and 28 U.S.C. § 1407.

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4.

In an effort to serve all defendants, including Chunghwa and Tatung, in a timely

and cost-effective manner, in April 2011, T-Mobile requested that all defendants waive service of
a summons and the Complaint. The overwhelming majority of defendants agreed to do so, but
Chunghwa and Tatung did not. A Stipulation to this effect was filed with the Court and entered
on June 23, 2011. (Dkt. 25). In response to Plaintiff’s request that Chunghwa and Tatung waive

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service of a summons and the Complaint, on or about, May 26, 2011, Chunghwa and Tatung’s ’s

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U.S. counsel indicated in a phone call that it is not authorized to accept service of the complaint

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on behalf of Chunghaw or Tatung.

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5.

Based on a review of the docket in this matter, Chunghwa has participated in the

LCD Flat Panel MDL Proceeding through domestic counsel in the United States, Gibson, Dunn &
Crutcher LLP (“Gibson Dunn”), since January 9, 2009. Since that time, Gibson Dunn has
repeatedly appeared as counsel for Chunghwa in the LCD Flat Panel MDL Proceeding to which

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the T-Mobile action is related. Gibson Dunn has answered complaints, provided declarations,

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petitioned the Court for an extension of time to answer or otherwise respond to complaints, joined

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defendants’ original motion in opposition to ATS Claims, Inc.’s Motion to Serve Defendants

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DECL OF B. TAYLOR I/S/O MOTION FOR ORDER AUTHORIZING PLAINTIFF TO SERVE CHUNGHWA AND TATUNG
THROUGH U.S. COUNSEL
MASTER FILE NO.: M-07-1827-SI
CASE NO. 3:11-02591 SI

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through United States counsel, and participated in class settlement discussions on Chunghwa’s

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behalf.

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6.

Based on a review of the docket in this matter, the law firm of Baker & McKenzie

LLP (“Baker”) began representing Tatung America in the MDL on January 11, 2008. Tatung
America is the United States subsidiary of Tatung, and Baker represents both entities. Baker has
submitted motions to dismiss, provided declarations, answered complaints, joined motions

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opposing class certification, and attended depositions on behalf of Tatung America. Baker

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represents both Chunghwa and Tatung for purposes of the T-Mobile case.

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7.

Attached hereto as Exhibit A is a true and correct copy of the Hague Convention

on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters,
Status Table, available at http://www.hcch.net/index_en.php?act=conventions.status&cid=17.
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Attached hereto as Exhibit B is a true and correct print-out of the Taiwan Judicial

Assistance circular from the U.S. Department of State, Bureau of Consular Affairs, available at
http://travel.state.gov/law/judicial/judicial_669.html.
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Attached hereto as Exhibit C is a true and correct print-out of Preparation of

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Letters Rogatory circular from the U.S. Department of State, Bureau of Consular Affairs,

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available at http://travel.state.gov/law/judicial/judicial_683.html.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 1st day of July, 2011, at Seattle, Washington.

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By: /s/ Brooke A. M. Taylor
Brooke A. M. Taylor

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DECL OF B. TAYLOR I/S/O MOTION FOR ORDER AUTHORIZING PLAINTIFF TO SERVE CHUNGHWA AND TATUNG
THROUGH U.S. COUNSEL
MASTER FILE NO.: M-07-1827-SI
CASE NO. 3:11-02591 SI