Warner v. Olympus America, Inc et al

Filing 100

ORDER granting 99 Joint Motion for an Order for Taking Depositions in Japan. Signed by Chief Judge Frank D. Whitney on 3/31/2017. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA

CARLA WARNER, Representative of the
Estate of, Successor in Interest, and Widow to
Willie Warner, Jr., Deceased,
Plaintiff,
Case No. 3:16-CV-00488-FDW-DSC

vs.
OLYMPUS AMERICA, INC.; OLYMPUS
CORPORATION OF AMERICAS; OLYMPUS
MEDICAL SYSTEMS CORP.; and CUSTOM
ULTRASONICS, INC.
Defendants.
OLYMPUS AMERICA INC. and
OLYMPUS CORPORATION OF THE
AMERICAS,
Third-Party Plaintiffs,
vs.
THE CHARLOTTE-MECKLENBURG
HOSPITAL AUTHORITY d/b/a
CAROLINAS MEDICAL CENTER, d/b/a
CAROLINAS HEALTHCARE SYSTEM;
CAROLINAS MEDICAL CENTER,
A FACILITY OF THE CHARLOTTEMECKLENBURG HOSPITAL
AUTHORITY; and CAROLINAS
HEALTHCARE SYSTEM,
Third-Party Defendants.

CERTIFIED ORDER TO TAKE DEPOSITIONS IN JAPAN
To:

Any consul or vice consul of the United States, United States Consulate, Osaka, Japan
Upon the application of all parties, and pursuant to Article 17 of the United States–Japan

consular convention:

It is ordered that the depositions on notice of the following witnesses be taken at the
United States Consulate in Japan:
Witnesses Susumu Nishina, Hiroki Moriyama, Hisao Yabe, and/or Yoshio Tashior,
employed by Olympus Medical System Corporation located at Shinjuku Monolith, 2-3-1 NishiShinjuku, Shinjuku-ku, Tokyo 163-0914, Japan, taking place on or about May 17, May 18, May
19, and/or May 22, 2017, and to mark any documentary exhibits in connection therewith.
Among the participates who will participate in said depositions will be counsel for
Defendant Jameson Blaxton Carroll; and counsel for plaintiffs Lexi Hazam, Wendy Fleishman,
Robert Nelson, and/or Kelly McNabb.
The proceedings will be reported and videographed by Planet Depos—American
Realtime Court Reporters.
The proceeding will be interpreted by N K S, PhD.
Please cause the testimony of said witnesses to be reduced to writing and the depositions
signed by said witnesses and annex said deposition testimony to your commission and close the
same under your seal and make return thereof to this court with all convenient speed.
IT IS THEREFORE ORDERED that the parties’ Joint Motion for an Order for Taking
Depositions in Japan (Doc. No. 99) is GRANTED.
IT IS SO ORDERED.
Signed: March 31, 2017