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In re Lithium Ion Batteries Antitrust Litigation

United States District Court, N.D. California, Oakland Division

July 18, 2017

IN RE LITHIUM ION BATTERIES ANTITRUST LITIGATION This Document Relates to ALL INDIRECT PURCHASER ACTIONS No. 13-MD-02420 YGR (DMR)

          [PROPOSED] REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTERS ROGATORY)

          DONNA M. RYU JUDGE

         THE UNITED STATES DISTRICT COURT for the Northern District of California, the Honorable Donna M. Ryu, Magistrate Judge, presents its compliments to the Appropriate Judicial Authority of Taiwan, and requests international assistance (letters rogatory) to obtain evidence to be used at trial in a civil proceeding before this Court in the above captioned matter.

         CLAIMANT INFORMATION

         The parties seeking this judicial assistance are the Indirect Purchaser Plaintiffs (“IPPs”). The IPPs are a class of plaintiffs comprised of consumers of finished products such as personal computers, camcorders, and power tools that contain cylindrical lithium ion batteries (“LIBs”) manufactured by one of the Defendants in this case.[1] The IPPs are represented by the attorneys and law firms listed below, which have been appointed Co-Lead Counsel by the Court in this case.

         Co-Lead Counsel for IPPs:

Steven N. Williams COTCHETT, PITRE & MCCARTHY, LLP 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 swilliams@cpmlegal.com
Steve W. Berman HAGENS BERMAN SOBOL SHAPIRO LLP 1918 8th Avenue, Suite 3300 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 steve@hbsslaw.com
Elizabeth J. Cabraser LIEFF CABRASER HEIMANN & BERNSTEIN LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Tel: 415-956-1000 Fax: 415-956-1008 ecabraser@lchb.com

         REQUESTS

         This Court requests the assistance described herein, because it is necessary and in the interests of justice. Specifically, the Court asks the Appropriate Judicial Authority of Taiwan to compel the two entities listed below to produce certain specified documents:

1. Simplo Technology Co. Ltd. (“Simplo”) No. 471. Sec. 2. Bade Rd. Hokou Township, Hsinchi County 303. Taiwan (R.O.C.)[2]
2. Dynapack International Technology Corp. (“Dynapack”) 3F, No. 66, Hwa-Ya 1st Road, Hwa-Ya Technology Park, Guei-Shan Hsiang, Taoyuan, 333, Taiwan[3]

         The Court requests that Simplo produce the documents and things as specifically set out in Attachment A to this Request. The request is provided both in English and in Chinese.

         The Court requests that Dynapack produce the documents and things as specifically set out in Attachment B to this Request. The request ...


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