The AASI Creditor Liquidating Trust v. AU Optronics Corporation et al
Filing
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ORDER GRANTING PLAINTIFF AASI CREDITOR LIQUIDATING TRUST'S MOTION FOR AN ORDER AUTHORIZING PLAINTIFF TO SERVE DEFENDANT CHUNGHWA PICTURE TUBES, LTD. THROUGH ITS U.S. COUNSEL re #14 . (Illston, Susan) (Filed on 2/9/2012) Modified on 2/10/2012 (ysS, 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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United States District Court
For the Northern District of California
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No. C 11-5781 SI
This Order Relates To:
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ORDER GRANTING PLAINTIFF AASI
CREDITOR LIQUIDATING TRUST’S
MOTION FOR AN ORDER
AUTHORIZING PLAINTIFF TO SERVE
DEFENDANT CHUNGHWA PICTURE
TUBES, LTD. THROUGH ITS U.S.
COUNSEL
THE AASI CREDITOR LIQUIDATING
TRUST, BY AND THROUGH KENNETH A.
WELT, LIQUIDATING TRUSTEE,
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), Master Docket No. 725 (Nov. 19, 2008); see also Master Docket Nos. 1309, 1657, 1779,
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2109, 2532, 2584, 2747, 2748, 2825, 3079, 3217, 3345, 3394, 3443, 3654, 3655, 4785. Chunghwa has
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opposed these motions to preserve its objections to this manner of service, but has recognized this
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Court’s inclination to permit service through its U.S. counsel.
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Given the number of these motions, the Court is well acquainted with the content of Chunghwa’s
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opposition.1 In order to save Chunghwa the time and expense of filing another opposition brief, the
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Court rules as follows:
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 MDL 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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United States District Court
For the Northern District of California
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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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Absent further objection from Chunghwa, plaintiff may serve Chunghwa through its U.S.
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counsel after March 2, 2012. If Chunghwa has a specific objection not already addressed by the prior
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orders of this Court, it may file an opposition before that date.
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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. 14 in 11-5781; Docket No. 4771 in 07-1827. Absent objection
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from Chunghwa, plaintiff may serve Chunghwa through counsel after March, 2012.
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IT IS SO ORDERED.
Dated: February 9, 2012
SUSAN ILLSTON
United States District Judge
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Specifically, Chunghwa’s opposition briefs have argued 1) that plaintiffs have not met the
requirements for invoking alternative service under Rule 4(f)(3); and 2) that service through its U.S.
counsel violates due process.
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