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

Filing 31

ORDER GRANTING PLAINTIFF T-MOBILE'S MOTION FOR ORDER AUTHORIZING T-MOBILE TO SERVE DEFENDANTS CHUNGHWA PICTURE TUBES, LTD. AND TATUNG CO. THROUGH THEIR U.S. COUNSEL (SI, COURT STAFF) (Filed on 8/4/2011)

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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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United States District Court
For the Northern District of California

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No. C 11-2591 SI
This Order Relates To:

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ORDER GRANTING PLAINTIFF’S
MOTION FOR ORDER AUTHORIZING
PLAINTIFF TO SERVE DEFENDANTS
CHUNGHWA PICTURE TUBES, LTD.
AND TATUNG CO. THROUGH THEIR
U.S. COUNSEL

T-MOBILE U.S.A., INC.,
Plaintiff,

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No. M 07-1827 SI
MDL No. 1827

v.
AU OPTRONICS CORPORATION, et al.,
Defendants.

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On July 12, 2011, this Court issued an order tentatively authorizing T-Mobile to serve
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defendants Chunghwa Pictures Tubes, Ltd. and Tatung Co. through their U.S. counsel pursuant to
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Federal Rule of Civil Procedure 4(f)(3). See Order Granting Plaintiff T-Mobile’s Motion for Order
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Authorizing Plaintiff to Serve Defendants Chunghwa Picture Tubes, Ltd. and Tatung Co. Through Their
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U.S. Counsel (July 12, 2011), Master Docket No. 3079. The order gave defendants until July 29, 2011,
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to raise with the Court any new arguments against service under Rule 4(f)(3).
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Defendants have now filed a brief in opposition to the Court’s tentative order. The brief
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discusses one new case from this district in which the court declined to authorize service under
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Rule 4(f)(3). See Fujitsu Ltd. v. Belkin Int’l, Inc., 2011 U.S. Dist. LEXIS 34076 (N.D. Cal. Mar. 29,
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2011) (denying plaintiff’s request to serve two Taiwanese companies under Rule 4(f)(3)).
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Nothing in Fujitsu alters this Court’s decision to permit service under Rule 4(f)(3). Fujitsu did
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not determine that service under Rule 4(f)(3) was contrary to law or otherwise improper. Rather, the

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court agreed that, provided such service was consistent with “constitutional notions of due process,” the

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decision to permit such service was in the discretion of the trial judge. Id. at *22.

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The Court therefore adheres to its decision that, due to Chunghwa’s active participation in this

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MDL for the past three years and the close corporate ties between Chunghwa and Tatung, service on

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both defendants through their U.S. counsel will fully comport with due process. Accordingly, T-

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Mobile’s motion is GRANTED. T-Mobile may serve both Chunghwa and Tatung through their U.S.

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counsel.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.
Dated: August 4, 2011
SUSAN ILLSTON
United States District Judge

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