Hewlett-Packard Company v. Chunghwa Picture Tubes Ltd. et al

Filing 17

ORDER GRANTING PLAINTIFF HEWLETT-PACKARD'S MOTION FOR ORDER AUTHORIZING PLAINTIFF TO SERVE DEFENDANT CHUNGHWA PICTURE TUBES, LTD. THROUGH ITS U.S. COUNSEL PURSUANT TO FED. R. CIV. P. 4(f)(3) (Illston, Susan) (Filed on 3/5/2013)

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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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This Order Relates to:

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Hewlett-Packard Company v. Chunghwa Picture
Tubes, Ltd. And Tatung Company of America,
Inc., C 12-6085

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No. M 07-1827 SI
MDL. No. 1827
Case Nos. C 12-6085
ORDER GRANTING PLAINTIFF
HEWLETT-PACKARD’S MOTION FOR
ORDER AUTHORIZING PLAINTIFF TO
SERVE DEFENDANT CHUNGHWA
PICTURE TUBES , LTD. THROUGH ITS
U.S. COUNSEL PURSUANT TO FED. R.
CIV. P. 4(f)(3)

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Currently before the Court is Hewlett-Packard Company’s (“HP”) motion for an Order

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Authorizing Plaintiff to serve Defendant Chunghwa Picture Tubes, Ltd. (“Chunghwa”) Through its U.S.

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Counsel Pursuant to Fed. R. Civ. P. HP and Chunghwa have stipulated to submit the motion without

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oral argument. See Docket No. 7532. Having considered the moving papers and the arguments of the

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parties, and for good cause appearing, the Court hereby GRANTS the motion. Docket No. 7401.

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Plaintiff seeks to serve Chunghwa, a Taiwanese company,1 through its U.S Counsel pursuant to

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Fed. R. Civ. P. 4(f)(3), which “permits service in a place not within any judicial district of the United

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States, “by . . . means not prohibited by international agreement as may be directed by the court.” Fed.

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R. Civ. P. 4(f)(3).2 Chunghwa recognizes this Court’s inclination to permit service through its U.S.

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counsel, but opposes plaintiff’s motion.

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Plaintiff cannot serve Chunghwa through the Hague Convention on Service Abroad of Judicial
and Extrajudicial Documents (“Hague Convention”) because Taiwan is not a signatory to the Hague
Convention.
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Federal Rule of Civil Procedure 4(h)(2) authorizes service of process on a foreign business
entity in a manner proscribed by Rule 4(f) for individuals.

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The Court has previously heard and granted a number of similar motions in this MDL. See, e.g.,

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Order Granting Plaintiff’s Motion for Order Authorizing Plaintiff to Serve Defendants Chunghwa

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Picture Tubes, Ltd. and Tatung Co. Through Their U.S. Counsel., Docket Nos. 3217 and 3079; see also

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Docket Nos. 1309, 1657, 1779, 2109, 2532, 2584, 2747, 2748, and 2825. The Court finds no reason to

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depart from its previous rulings. Accordingly, for the reasons set forth in its prior orders, the Court finds

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that service under Rule 4(f)(3) is both available to plaintiff and appropriate in this case, and the Court

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GRANTS plaintiff’s motion. Docket No. 7401.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: March 5, 2013
SUSAN ILLSTON
United States District Judge

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