United States District Court, W.D. Washington, Seattle
S. ZILLY, UNITED STATES DISTRICT JUDGE
following Minute Order is made by direction of the Court, the
Honorable Thomas S. Zilly, United States District Judge:
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,
("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.
Clerk is directed to send a copy of this Minute Order to all
counsel of record.
APPROPRIATE JUDICIAL AUTHORITY OF TAIWAN, for International
request for international judicial assistance is being made
in the interests of justice for plaintiff, Lea Black.
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
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.
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.
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
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
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.
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 ...