ACER America Corporation v. Hitachi, Ltd. et al

Filing 125

ORDER RE: ADMINISTRATIVE MOTION FOR ISSUANCE OF LETTERS ROGATORY AND LETTERS OF REQUEST #116 , 9293 in case 3:07-md-01827-SI (Illston, Susan) (Filed on 11/24/2014) Modified on 11/25/2014 (ysS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE: TFT-LCD (FLAT PANEL)
ANTITRUST LITIGATION

Case No. 07-md-01827-SI
MDL No. 1827

This Order Relates To Individual Case No.
13-cv-03349 SI:

No. C 13-3349 SI

ACER AMERICA CORPORATION;
GATEWAY, INC.; and GATEWAY U.S.
RETAIL, INC., f/k/a eMACHINES, INC.,

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ORDER RE: ADMINISTRATIVE
MOTION FOR ISSUANCE OF
LETTERS ROGATORY AND LETTERS
OF REQUEST

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United States District Court
Northern District of California

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Plaintiffs,
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vs.

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HITACHI, LTD. et al.,

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Re: Dkt. 9293

Defendants.

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Currently before the Court is plaintiffs’ administrative motion for issuance of letters

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rogatory and letters of request. Plaintiffs ask the Court to issue seventeen letters rogatory and

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twelve letters of request to compel the production of foreign documents and the depositions of

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foreign witnesses. MDL Master Dkt. 9293, Combined Ex Parte Miscellaneous Administrative

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Mot. for Issuance of Letters Rogatory and Letters of Req. 1 The Court has received one objection,

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from defendant LG Display Co., Ltd. (“LG Display”). LG Display opposes the issuance of

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plaintiffs’ proposed letter rogatory concerning the production of documents and deposition of

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witnesses from LG Display Taiwan Co., Ltd. (“LG Display Taiwan”).
Defendant LG Display contends that it has already produced the information regarding LG

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Plaintiffs have withdrawn the motion for issuance of letters rogatory to Renesas Electronics
Corporation. MDL Master Dkt. 9305.

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Display Taiwan that plaintiffs seek. MDL Master Dkt. No. 9296, Opp’n, at 1.2 A discovery order

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governing the MDL states that “[d]uplication is a proper objection to written discovery requests.”

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MDL Master Dkt. No. 1727, Special Master’s Order Regarding Individual Action Plaintiffs and

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Case Management, ¶ 3(d) (amending MDL Master Dkt. No. 301, Pretrial Order No. 5: Case

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Management). However, the order also states that “[t]his paragraph in no way prejudices or

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diminishes individual action plaintiffs’ right to serve their own written discovery requests

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regarding issues that are not common to any other plaintiff or group of plaintiffs, in the event that

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the parties are unable to propound joint written discovery after consulting in good faith[.]” Id.
The Court hereby GRANTS plaintiffs’ administrative motion for the issuance of the letters

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rogatory and letters of request directed at the entities other than LG Display Taiwan. With regard

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United States District Court
Northern District of California

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to LG Display Taiwan, plaintiffs shall file revised letters to compel production of documents and

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depositions of witnesses that remove requests for any information previously produced in this

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MDL. This Order resolves MDL Master Dkt. 9296.

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IT IS SO ORDERED.

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Dated: November 24, 2014

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________________________
SUSAN ILLSTON
United States District Judge

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Defendant relies on past discovery requests submitted by other MDL plaintiffs. See Opp’n, Ex.
A (relating to “All Class Actions”); Ex. B (“All Direct Purchaser Actions”); Ex. C (“All
Actions”). These requests sought information regarding defendant’s subsidiaries. Id. LG Display
Taiwan is a subsidiary of LG Display. Opp’n, at 2. However, defendant has not shown that it has
fully complied with those requests.
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