Apotex Corp. v. Hospira Healthcare India Private Limited

Filing 123

LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF MARCH 18, 1970 ON THE TAKING OF EVIDENCE IN CIVIL OR COMMERCIAL MATTERS. This Court respectfully requests that the Ministry of Law and Justice cause the appr opriate orders to be issued to allow Apotex to take the deposition of the individual as identified in Section 9 for use in the case and at trial in the proceedings as further set forth in this Order. This Court respectfully requests that the exami nations be conducted under oath. This Court respectfully requests that the testimony of the witness be taken orally by counsel for the parties and be recorded verbatim by a stenographer (court reporter) in writing. This Court respectfully requests that the parties be permitted to arrange, at their expense, for the attendance of a privately employed stenographer (court reporter); b. The Court further requests that the testimony be videotaped. The Court respectfully requests that the parties b e permitted to arrange, at their expense, for the attendance of a privately employed videographer; c. This Court respectfully requests that, unless the witness requests to testify in another language, the examinations be conducted in English. If th e witness requests to testify in another language, the Court requests that the parties be permitted to make arrangements, at their expenses, for the attendance of a privately-employed interpreter or, should that not be acceptable, an interpreter a ssigned by the Central Authority; d. This Court respectfully requests that counsel for the parties be permitted to attend the deposition, and that counsel for the parties be permitted to ask follow up questions and show the witness documents in thi s context; e. This Court respectfully requests that the witness be examined as soon as possible; f. This Court requests that to the extent that any of these requests cannot be granted that the execution of these requests be performed according to a pplicable law. This court respectfully requests that counsel for Apotex (James W. Matthews Foley & Lardner LLP, 111 Huntington Avenue, Suite 2500, Boston, MA 02199-7610, Tel: +1 617 342 4000, Email: jmatthews@foley.com) be notified of the date , time, and place of the examination. The examination will take place at a time and location to be determined by the Ministry of Justice and/or Apotex and Hospira, but no later than February 14, 2020. This Court expresses its appreciation for the assistance and courtesy of the courts of India in this matter, and states that it shall be ready and willing to assist the courts of India in a similar manner when required. Respectfully Submitted. (Signed by Judge Jesse M. Furman on 1/3/20) (yv)