Free Letter - District Court of California - California

Case 4:07-cv-04785-SBA

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Filed 10/02/2007

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Joseph R. Saveri (State Bar No. 130064) [email protected] Michele C. Jackson (State Bar No. 090807) [email protected] Robert J. Nelson (State Bar No. 132797) [email protected] Eric B. Fastiff (State Bar No. 182260) [email protected] Nimish R. Desai (State Bar No. 244953) [email protected] LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 Attorneys for Plaintiff and the Proposed Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RICHARD THAL, on behalf of himself and all others similarly situated, Plaintiff,

Case No. C-07-4785-SBA REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY)

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HITACHI AMERICA, LTD.; HITACHI LTD.; HYNIX SEMICONDUCTOR AMERICA, INC.; HYNIX SEMICONDUCTOR, INC.; MICRON TECHNOLOGY, INC.; MICRON SEMICONDUCTOR PRODUCTS, INC.; MITSUBISHI ELECTRIC CORPORATION; MITSUBISHI ELECTRIC AND ELECTRONICS, USA., INC.; MOSEL VITELIC CORPORATION; MOSEL VITELIC, INC.; CRUCIAL TECHNOLOGY, INC.; RENESAS TECHNOLOGY CORPORATION; RENESAS TECHNOLOGY AMERICA, INC; SAMSUNG SEMICONDUCTOR, INC.; SAMSUNG ELECTRONICS COMPANY, LTD.; TOSHIBA CORPORATION; TOSHIBA AMERICA, INC.; TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC.; WINBOND ELECTRONICS CORPORATION; WINBOND ELECTRONICS CORPORATION AMERICA; AND SANDISK CORPORATION, Defendants.

REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) CASE NO. C 07 4785 SBA

Case 4:07-cv-04785-SBA

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Filed 10/02/2007

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To the Appropriate Judicial Authority in Taiwan: The United States District Court for the Northern District of California presents its compliments to the Judicial Authorities of Taiwan, and respectfully requests judicial assistance to effect service of process in connection with a civil proceeding currently pending before this Court. NATURE AND PURPOSE OF THE PROCEEDINGS AND REQUEST Plaintiff Richard Thal brings this class action against the named Defendants on behalf of all direct purchasers of Flash Memory from the Defendants, their subsidiaries , agents or coconspirators, during the period from at least January 1, 1999 through the date of class certification (the "Class Period"). Flash Memory is non-volatile computer memory that can be electronically erased and reprogrammed, and is used in memory cards, digital audio players, digital cameras, mobile phones, video game consoles, etc. During the Class Period, Plaintiff claims that Defendants engaged in collusive behavior to inflate the price of Flash Memory, causing Plaintiff and the other members of the class to be damaged by having to purchase Flash Memory at artificially inflated prices. Plaintiff alleges that Defendants are in violation of Section 1 of the Sherman Act, 15 U.S.C. §1. Plaintiff prays for the following relief: that this claim be maintained as a class action under Federal Rules of Civil Procedure 23(a), (b)(2), and (b)(3); that Defendants be found in violation of the Sherman Act; for damages, and that the amount be trebled; for pre- and postjudgment interest; for costs of suit, including attorneys' fees; for injunctive relief; and for such other relief as the Court may order. It has been represented to this Court that the defendant is a corporation organized and existing under the laws of Taiwan, with its principal place of business at: MOSEL VITELIC INC. No. 19 Li Hsin Road Science-Based Industrial Park Hsinchu Taiwan

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REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) CASE NO. C 07 4785 SBA

Case 4:07-cv-04785-SBA

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Filed 10/02/2007

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ASSISTANCE REQUESTED This Court respectfully requests that the Taiwanese judicial authorities: 1 Cause one copy of the Summons, Complaint, ECF Registration Information Handout, Standing Order for All Judges of the Northern District of California, Judge Armstrong's Standing Orders, Order Setting Initial Case Management Conference and ADR Deadlines, Welcome to the US District Court, San Francisco, all annexed hereto, and all other documents required by law, to be served upon defendant Mosel Vitelic Inc. at the above address in the manner prescribed for the service of similar documents under the laws of Taiwan; Cause the person who serves the documents upon an officer of defendant Mosel Vitelic Inc. to execute an affidavit of service as provided by Taiwanese law; Return through diplomatic channels to this Court the affidavit of service and a copy of the documents which were served. The courts of the United States are authorized by statute, Section 1696, Title 28, United States Code, to extend similar assistance to the Tribunals of Taiwan in like cases. /// /// /// /// /// /// /// /// /// /// /// /// ///
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REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) CASE NO. C 07 4785 SBA

Case 4:07-cv-04785-SBA

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Filed 10/02/2007

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730199.1

This Court extends to the judicial authorities of Taiwan the assurances of its highest consideration.

Dated: ________________, 2007

Respectfully requested,

Honorable Saundra B. Armstrong United States District Court Judge Northern District of California 1301 Clay Street Courtroom 3, 3rd Floor Oakland, CA 94612-5217 United States of America

(SEAL OF DISTRICT COURT)

Attachments: · · · · · · · Summons, in English and in Chinese, in duplicate Complaint, in English and in Chinese, in duplicate ECF Registration Information Handout, in English and in Chinese, in duplicate Standing Order for All Judges of the Northern District of California, in English and in Chinese, in duplicate Judge Armstrong's Standing Orders, in English and in Chinese, in duplicate Order Setting Initial Case Management Conference and ADR Deadlines, in English and in Chinese, in duplicate Welcome to the US District Court, San Francisco, in English and in Chinese, in duplicate

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REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) CASE NO. C 07 4785 SBA