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Black v. Pride Mobility Products Corp.

United States District Court, W.D. Washington, Seattle

March 23, 2017

LEA BLACK, Plaintiff,
v.
PRIDE MOBILITY PRODUCTS CORPORATION, et al., Defendants.

          MINUTE ORDER

          THOMAS S. ZILLY, UNITED STATES DISTRICT JUDGE

         The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge:

         (1) Plaintiffs Motion for Issuance of Letters Rogatory, docket no. 53, is GRANTED in part and DENIED in part. The sentence on page 2, lines 15-18 of the proposed Letters Rogatory, which reads "[w]hile Plaintiff believes complete relief may be obtained from the defendants presently named in the lawsuit, Pride Mobility Products Corporation (Pride) appears to disagree and has suggested that certain of Plaintiff s claims should be directed to Merits" will be removed. Plaintiff is DIRECTED to file, within twenty-eight (28) days of the date of this Minute Order, certified translations in Mandarin Chinese of the Summons and Third Amended Complaint, and of the Letters Rogatory, as modified by the Court, which is attached to this Minute Order. See U.S. Department of State Circular, https://travel.state.gov/content/travel/en/legal-considerations/judicial/country/taiwan.html ("Letters Rogatory [requesting service of process on a Taiwanese entity] and accompanying documents should be in English with certified translations in Mandarin Chinese."). The Court will issue Letters Rogatory in the form attached to this Minute Order and post them to the docket once plaintiff has filed the certified translations.

         (2) The Clerk is directed to send a copy of this Minute Order to all counsel of record.

         LETTERS ROGATORY

         TO THE APPROPRIATE JUDICIAL AUTHORITY OF TAIWAN, for International Judicial Assistance:

         A request for international judicial assistance is being made in the interests of justice for plaintiff, Lea Black.

         The United States District Court, District of Western Washington, presents its compliments to the appropriate Judicial Authority of Taiwan, and requests international judicial assistance in order to obtain service of process, to be used in a civil proceeding that is before this Court in the above captioned matter.

         Plaintiff Lea Black was severely injured in Seattle, Washington after her Pride Pursuit mobility scooter entered a "freewheel" condition on a hill. The scooter failure may have been caused, among other things, by a failure of a coupler part between the scooter's pinion gear and the motor/brake assembly. The coupler part may have been manufactured and sold by the Merits Health Products, family of companies.

         Plaintiff Lea Black seeks damages for her injuries, including but not limited to broken bones, loss of appendages, trauma, loss of her living situation, loss of mobility and other injuries resulting in past and future pain and suffering, both physical and mental, and other general damages, together with past and future medical and related expenses, punitive damages if available, and other special damages to be proved at the time of trial.

         Liability in this case is premised on manufacturer liability under RCW 7.72.030(1)(a), (2), (3); RCW 7.72.030(1)(b), (c); and RCW 7.72.030(3).

         This Court respectfully requests the assistance described herein as necessary in the interests of justice for Lea Black. The assistance requested is that The Appropriate Judicial Authority of Taiwan effect service of process upon the below named:

Merits Health Products Co., Ltd

Merits Health Products Co., Ltd.

No. 18 Jingke Rd., T.P.M.T. Park,

9 Road 6

Nantun District Taichung City,

Taichung Industrial Park

Taichung 40852, Taiwan, R.O.C.

Taichung, Taiwan

by leaving one copy of the attached documents, Summons and Complaint, with Chinese translations thereof, with a director, officer, or other entity authorized to accept service of civil process in the manner prescribed for ...


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