Viewsonic Corporation v. AU Optronics Corporation et al
Filing
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ORDER GRANTING PLAINTIFF VIEWSONIC'S MOTION FOR AN ORDER AUTHORIZING PLAINTIFF TO SERVE DEFENDANT CHUNGHWA PICTURE TUBES, LTD. THROUGH ITS U.S. COUNSEL 5309 11 (Illston, Susan) (Filed on 3/29/2012)
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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 12-0335 SI
This Order Relates To:
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ORDER GRANTING PLAINTIFF
VIEWSONIC’S MOTION FOR AN
ORDER AUTHORIZING PLAINTIFF TO
SERVE DEFENDANT CHUNGHWA
PICTURE TUBES, LTD. THROUGH ITS
U.S. COUNSEL
VIEWSONIC 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), 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, 4797, 4798.
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Chunghwa has opposed these motions to preserve its objections to this manner of service, but has
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recognized this 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 April 21, 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. 11 in 12-0335; Docket No. 5309 in 07-1827. Absent objection
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from Chunghwa, plaintiff may serve Chunghwa through counsel after April 21, 2012.
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IT IS SO ORDERED.
Dated: March 29, 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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