Navcom Techonology, Inc et al v. OKI Semiconductor America, Inc et al

Filing 78

STIPULATION AND ORDER for depositions in Japan. Signed by Magistrate Judge Howard R. Lloyd on April 15, 2013. (hrllc1, COURT STAFF) (Filed on 4/15/2013)

*E-FILED: April 15, 2013*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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[PROPOSED] ORDER REGARDING
DEPOSITIONS OF YUKI USHIDA
AND KEN FUJITA AT THE UNITED
STATES EMBASSY, TOKYO JAPAN

Plaintiffs,

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Case No. 5:12-cv-04175 EJD

NAVCOM TECHNOLOGY, INC.; AND
DEERE & COMPANY,

vs.

Judge:
Hon. Edward J. Davila
Date of Filing:
06/22/2012

OKI ELECTRIC INDUSTRY CO., LTD.;
and DOES 1 through 10, inclusive,
Defendants.

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MORGAN, LEWIS &
BOCKIUS LLP

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ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24042504.1

[PROPOSED] ORDER RE
DEPOSITIONS OF USHIDA AND
FUJITA
5:12-CV-04175 EJD

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TO ANY CONSUL OR VICE-CONSUL OF THE UNITED STATES ASSIGNED
TO TOKYO, JAPAN:
WHEREAS, the above-captioned civil lawsuit has been pending before this Court since
July 2012;
WHEREAS, the Plaintiffs NavCom Technology, Inc. and Deere & Company allege

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breach of contract by Defendant Oki Electric Industry Co., Ltd.;

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WHEREAS, discovery began in November 2012;

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WHEREAS, Plaintiffs have reserved a deposition room at the United States Embassy in

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Tokyo, Japan for taking depositions from June 24, 2013 through June 28, 2013;
On stipulation of Parties, and pursuant to Article 17 of the United States-Japan Consular
Convention of 1963, 15 U.S.T. 768,
IT IS ORDERED that the depositions of the following witnesses, who will appear
voluntarily, be taken at the United States Embassy in Tokyo, Japan:

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Name:

Yuki Ushida

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Employer:

Oki Sensor Device Corporation

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Address:

Tachihi Bldg. No. 7 4th Fl. 6-1-1, Sakae-cho, Tachikawa-shi,
Tokyo 190-0003, Japan

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Deposition of the above individual will commence on or about June 25, 2013 at 8:30 a.m. (local

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time) and conclude on or about June 26, 2013, at 5:00 p.m. (local time).

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Name:

Ken Fujita

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Employer:

Oki Electric Industry Co., Ltd.

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Address:

1-7-12 Toranomon Minato-ku Tokyo 105-8460, Japan

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Deposition of the above individual will commence on or about June 27, 2013 at 8:30 a.m. (local

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time) and conclude on or about June 28, 2013, at 5:00 p.m. (local time).

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Counsel for Plaintiffs who will participate in said depositions include one or more of the
following: Brett M. Schuman and Rachel M. Walsh.
Counsel for Defendant who will participate in said depositions include one or more of the

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MORGAN, LEWIS &
BOCKIUS LLP

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ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24042504.1

[PROPOSED] ORDER RE
DEPOSITIONS OF USHIDA AND
FUJITA
5:12-CV-04175 EJD

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following: Marc R. Labgold, Patrick J. Hoeffner, Takaaki Nagashima, Kojiro Akashi and

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Yuichiro Yasutomo.

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In addition to counsel for Plaintiffs, NavCom representatives Paul Galyean and Patricia
Harris may attend.
In addition to the deponents and counsel for Defendants, Oki representatives Mr. Isao
Goto, Ms. Mikiko Higashino and Ms. Yoko Goto may attend.
The proceedings will be reported by Karen Claire Young, Cynthia Renee Ott, Robert

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Vance Short, Leslie Anne Todd, Susan Dena Wasilewski, Melanie Louise Giamarco, Deborah

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Ruth Marshall, Lisa A. Knight, Tracy LoCastro, James Vernon Beasley, Jodi Beth Harmon with

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Planet Depos-Asia Court Reporters. The proceedings will be recorded on video by Paul B.

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Diserio of Legal Video Asia. Grace Liu and Toyu Yazaki will act as interpreters.

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The transcripts of the deposition will be prepared and distributed among the interested
parties by the court reporter without further involvement by the United States Embassy

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The parties respectfully request that the Court provide five certified copies of the Order

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pursuant to these stipulations, to be mailed by Parties’ counsel to the United States Embassy in

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Tokyo, Japan.

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IT IS SO ORDERED.

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Dated: April ___, 2013

By
HONORABLE HOWARD R. LLOYD

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MORGAN, LEWIS &
BOCKIUS LLP

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ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24042504.1

[PROPOSED] ORDER RE
DEPOSITIONS OF USHIDA AND
FUJITA
5:12-CV-04175 EJD