UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`.Before the Honorable Delbert R. Terrill, Jr.
`Administrative Law Judge
`
`In the Matter of
`
`Investigation No. 337-TA-452
`
`CERTAIN PERSONAL WATERCRAFT
`AND COMPONENTS THEREOF
`
`1
`
`MOTION FOR LEAVE TO TAKE 30(b)(6) DEPOSITION OF
`KAWASAKI MOTORS CORPORATION, U.S.A. AND
`MOTION TO SHORTEN THE TIME IN WHICH TO RESPOND
`
`Respondents Bombardier Inc. and Bombardier Motor Corporation of America
`
`(“Respondents”) hereby move for leave to take the 30(b)(6) deposition of Kawasaki Motors
`
`Corporation, U.S.A. (“Kawasaki”). Additionally, Respondents request that the Administrative
`
`Law Judge shorten the time for Complainants Yamaha Hatsudoki Kabushiki, dba Yamaha Motor
`
`Company, Ltd. and Sanshin Kogyo Kabushiki Kaisha, dba Sanshin Industries Company, Ltd.
`
`(collectively “Complainants”) to respond to this motion. This motion is only directed to a single
`
`issue and, thus, responding to this motion should not require much time.
`
`ARGUMENT
`
`Respondents seek leave to take the deposition of Kawasaki on the discrete issue of
`
`verifying and authenticating Kawasaki commercial prior art watercraft that are the subject of
`
`Respondents’ invalidity defenses in the above-captioned investigation. Respondents served
`
`Requests For Admission relating to basic irrehtable facts concerning these Kawasaki
`
`commercial watercraft. However, Complainants refused to verify even the most basic
`
`information. Reproduced below is an example of Complainants response to Respondents’
`
`Request For Admission:
`
`
`Washington, D.C.
`
`.Before the Honorable Delbert R. Terrill, Jr.
`Administrative Law Judge
`
`In the Matter of
`
`Investigation No. 337-TA-452
`
`CERTAIN PERSONAL WATERCRAFT
`AND COMPONENTS THEREOF
`
`1
`
`MOTION FOR LEAVE TO TAKE 30(b)(6) DEPOSITION OF
`KAWASAKI MOTORS CORPORATION, U.S.A. AND
`MOTION TO SHORTEN THE TIME IN WHICH TO RESPOND
`
`Respondents Bombardier Inc. and Bombardier Motor Corporation of America
`
`(“Respondents”) hereby move for leave to take the 30(b)(6) deposition of Kawasaki Motors
`
`Corporation, U.S.A. (“Kawasaki”). Additionally, Respondents request that the Administrative
`
`Law Judge shorten the time for Complainants Yamaha Hatsudoki Kabushiki, dba Yamaha Motor
`
`Company, Ltd. and Sanshin Kogyo Kabushiki Kaisha, dba Sanshin Industries Company, Ltd.
`
`(collectively “Complainants”) to respond to this motion. This motion is only directed to a single
`
`issue and, thus, responding to this motion should not require much time.
`
`ARGUMENT
`
`Respondents seek leave to take the deposition of Kawasaki on the discrete issue of
`
`verifying and authenticating Kawasaki commercial prior art watercraft that are the subject of
`
`Respondents’ invalidity defenses in the above-captioned investigation. Respondents served
`
`Requests For Admission relating to basic irrehtable facts concerning these Kawasaki
`
`commercial watercraft. However, Complainants refused to verify even the most basic
`
`information. Reproduced below is an example of Complainants response to Respondents’
`
`Request For Admission:
`
`
`
`REQUEST FOR ADMISSION NO. 356:
`
`Kawasaki’s 1992 model SS 750 PWC was sold in the United States during the
`calendar year 1992.
`
`RESPONSE TO REQUEST FOR ADMISSION NO. 356:
`
`After reasonable investigation, Complainants are without information sufficient to
`either admit or deny this request.
`
`This so-called reasonable investigation is bogus. Kawasaki was selling the 1992 SS 750
`
`PWC in direct competition with Complainants’ PWCs. It is inconceivable that Yamaha itself
`
`conducted a reasonable investigation and was unable to admit this Request and others relating to
`
`Kawasaki commercial watercraft. Complainants’ alleged “reasonable investigation” is further
`
`belied by the fact that Complainants produced documents in this proceeding relating to these
`
`very same Kawasaki watercraft.
`
`Respondents received Complainants’ Responses to the Request For Admission on
`
`October 9,2001, the final day of discovery. Respondents reviewed Complainants’ responses
`
`immediately and discovered these inadequacies in Complainants’ responses. That same day,
`
`Respondents filed and served a Rule 30(b)(6) deposition notice for a deposition of Kawasaki.
`
`Respondents seek the deposition of Kawasaki solely for the purpose of verifying and
`
`authenticating Kawasaki prior art watercraft. Kawasaki has indicated that it is willing to provide
`
`a witness to testify as to the basic information relating to its prior art PWCs. Discovery is still
`
`ongoing and similar opportunities to take necessary depositions have been granted to
`
`Complainants. Moreover, Complainants will not suffer any unfair prejudice as a result of this
`
`deposition.
`
`2
`
`
`
`CONCLUSION
`
`For the reasons stated above and in the interest of justice, good cause exists to permit
`
`Respondents the opportunity to take the 30(b)(6) deposition of Kawasaki, which was fairly and
`
`timely noticed as soon as Respondents became aware of its necessity. In addition, given the
`
`simple nature of this request, good cause exists to require Complainants to respond in a
`
`shortened period of time. A proposed order is attached.
`
`Dated: October 12,2001
`
`DORSEY & WHITNEY LLP
`100 1 Pennsylvania Avenue, N. W.
`Suite 300 South
`Washington, D.C. 20004
`Phone: 202-824-8800
`Fax: 202-824-8990
`
`Harry C. Marcus
`John F. Sweeney
`Michael Dougherty
`MORGAN & FINNEGAN LLP
`345 Park Avenue
`New York, N.Y. 10154
`Phone: (212) 758-4800
`Fax:
`(212) 751-6849
`
`Robert A. Schwartzbauer
`DORSEY & WHITNEY LLP
`220 South Sixth Street
`Minneapolis, MN 55402
`(612) 340-2600
`
`Counsel for Bombardier Inc. and
`Bombardier Motor Corporation of
`America
`
`3
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`Before the Honorable Delbert R. Terrill, Jr.
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN PERSONAL WATERCRAFT
`AND COMPONENTS THEREOF
`
`Investigation No. 337-TA-452
`
`ORDER
`
`Upon consideration of the Motion of Respondents for Leave to Take the 30(b)(6)
`
`Deposition of Kawasaki and Motion to Shorten the Time in Which to Respond, there being good
`
`cause shown, it is hereby:
`
`ORDERED that said Motion of Respondents is GRANTED; and it is
`
`FURTHER ORDERED that Respondents may take the 30(b)(6) deposition of Kawasaki
`
`Motors Corporation, U.S.A.
`
`SO ORDERED.
`
`Dated:
`
`Delbert R. Terrill, Jr.
`Administrative Law Judge
`U.S. International Trade Commission
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the copies of the foregoing submission on behalf of our clients
`
`Bombardier Inc. and Bombardier Motor Corporation of America were served upon the parties
`
`listed below by the methods indicated, this 12'h day of October, 2001.
`
`Donna R. Koehnke, Secretary
`U.S. International Trade Commission
`500 E Street, S.W.
`Room 112
`Washington, D.C. 20436
`(ORIGINAL PLUS 6 COPIES BY HAND DELIVERY)
`
`The Honorable Delbert R. Terrill, Jr.
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, S.W.
`Room 3 17
`Washington, D.C. 20436
`(TWO COPIES BY HAND DELIVERY)
`Anne M. Goalwin, Esq.
`U.S. International Trade Commission
`Office of Unfair Imports Investigations
`500 E Street, S.W.
`Room 401-P
`Washington, D.C. 20436
`(ONE COPY BY HAND DELIVERY)
`
`Counsel for Complainants:
`
`James F. Lesniak
`John B. Sganga, Jr.
`Craig S. Summers
`Sheila N. Swaroop
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`620 Newport Center Drive, 1 Bth Floor
`Newport Beach, CA 92660
`(ONE COPY BY FAX & FEDERAL EXPRESS)
`
`
`
`Simon E. Dance, Esq.
`Charles F. Schill, Esq.
`FOLEY & LARDNER
`Washington Harbor
`Suite 500
`3000 K Street, N.W.
`Washington, DC 20007-5 109
`(ONE COPY BY COURIER)
`
`Theodore C. Whitehouse
`WILLKIE, FARR & GALLAGHER
`Three Lafayette Centre
`1155 - 21St Street, N.W.
`Washington, D.C. 20036-3384
`(ONE COPY BY COURIER)
`
`1001 Penisylvania Avenue, N.W.
`Suite 300 South
`Washington, D.C. 20004
`
`Counsel for Bombardier Inc. and Bombardier
`Motor Corporation of America
`
`2
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`.Before the Honorable Delbert R. Terrill, Jr.
`Administrative Law Judge
`
`In the Matter of
`
`Investigation No. 337-TA-452
`
`CERTAIN PERSONAL WATERCRAFT
`AND COMPONENTS THEREOF
`
`1
`
`MOTION FOR LEAVE TO TAKE 30(b)(6) DEPOSITION OF
`KAWASAKI MOTORS CORPORATION, U.S.A. AND
`MOTION TO SHORTEN THE TIME IN WHICH TO RESPOND
`
`Respondents Bombardier Inc. and Bombardier Motor Corporation of America
`
`(“Respondents”) hereby move for leave to take the 30(b)(6) deposition of Kawasaki Motors
`
`Corporation, U.S.A. (“Kawasaki”). Additionally, Respondents request that the Administrative
`
`Law Judge shorten the time for Complainants Yamaha Hatsudoki Kabushiki, dba Yamaha Motor
`
`Company, Ltd. and Sanshin Kogyo Kabushiki Kaisha, dba Sanshin Industries Company, Ltd.
`
`(collectively “Complainants”) to respond to this motion. This motion is only directed to a single
`
`issue and, thus, responding to this motion should not require much time.
`
`ARGUMENT
`
`Respondents seek leave to take the deposition of Kawasaki on the discrete issue of
`
`verifying and authenticating Kawasaki commercial prior art watercraft that are the subject of
`
`Respondents’ invalidity defenses in the above-captioned investigation. Respondents served
`
`Requests For Admission relating to basic irrehtable facts concerning these Kawasaki
`
`commercial watercraft. However, Complainants refused to verify even the most basic
`
`information. Reproduced below is an example of Complainants response to Respondents’
`
`Request For Admission:
`
`
`
`REQUEST FOR ADMISSION NO. 356:
`
`Kawasaki’s 1992 model SS 750 PWC was sold in the United States during the
`calendar year 1992.
`
`RESPONSE TO REQUEST FOR ADMISSION NO. 356:
`
`After reasonable investigation, Complainants are without information sufficient to
`either admit or deny this request.
`
`This so-called reasonable investigation is bogus. Kawasaki was selling the 1992 SS 750
`
`PWC in direct competition with Complainants’ PWCs. It is inconceivable that Yamaha itself
`
`conducted a reasonable investigation and was unable to admit this Request and others relating to
`
`Kawasaki commercial watercraft. Complainants’ alleged “reasonable investigation” is further
`
`belied by the fact that Complainants produced documents in this proceeding relating to these
`
`very same Kawasaki watercraft.
`
`Respondents received Complainants’ Responses to the Request For Admission on
`
`October 9,2001, the final day of discovery. Respondents reviewed Complainants’ responses
`
`immediately and discovered these inadequacies in Complainants’ responses. That same day,
`
`Respondents filed and served a Rule 30(b)(6) deposition notice for a deposition of Kawasaki.
`
`Respondents seek the deposition of Kawasaki solely for the purpose of verifying and
`
`authenticating Kawasaki prior art watercraft. Kawasaki has indicated that it is willing to provide
`
`a witness to testify as to the basic information relating to its prior art PWCs. Discovery is still
`
`ongoing and similar opportunities to take necessary depositions have been granted to
`
`Complainants. Moreover, Complainants will not suffer any unfair prejudice as a result of this
`
`deposition.
`
`2
`
`
`
`CONCLUSION
`
`For the reasons stated above and in the interest of justice, good cause exists to permit
`
`Respondents the opportunity to take the 30(b)(6) deposition of Kawasaki, which was fairly and
`
`timely noticed as soon as Respondents became aware of its necessity. In addition, given the
`
`simple nature of this request, good cause exists to require Complainants to respond in a
`
`shortened period of time. A proposed order is attached.
`
`Dated: October 12,2001
`
`DORSEY & WHITNEY LLP
`100 1 Pennsylvania Avenue, N. W.
`Suite 300 South
`Washington, D.C. 20004
`Phone: 202-824-8800
`Fax: 202-824-8990
`
`Harry C. Marcus
`John F. Sweeney
`Michael Dougherty
`MORGAN & FINNEGAN LLP
`345 Park Avenue
`New York, N.Y. 10154
`Phone: (212) 758-4800
`Fax:
`(212) 751-6849
`
`Robert A. Schwartzbauer
`DORSEY & WHITNEY LLP
`220 South Sixth Street
`Minneapolis, MN 55402
`(612) 340-2600
`
`Counsel for Bombardier Inc. and
`Bombardier Motor Corporation of
`America
`
`3
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`Before the Honorable Delbert R. Terrill, Jr.
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN PERSONAL WATERCRAFT
`AND COMPONENTS THEREOF
`
`Investigation No. 337-TA-452
`
`ORDER
`
`Upon consideration of the Motion of Respondents for Leave to Take the 30(b)(6)
`
`Deposition of Kawasaki and Motion to Shorten the Time in Which to Respond, there being good
`
`cause shown, it is hereby:
`
`ORDERED that said Motion of Respondents is GRANTED; and it is
`
`FURTHER ORDERED that Respondents may take the 30(b)(6) deposition of Kawasaki
`
`Motors Corporation, U.S.A.
`
`SO ORDERED.
`
`Dated:
`
`Delbert R. Terrill, Jr.
`Administrative Law Judge
`U.S. International Trade Commission
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the copies of the foregoing submission on behalf of our clients
`
`Bombardier Inc. and Bombardier Motor Corporation of America were served upon the parties
`
`listed below by the methods indicated, this 12'h day of October, 2001.
`
`Donna R. Koehnke, Secretary
`U.S. International Trade Commission
`500 E Street, S.W.
`Room 112
`Washington, D.C. 20436
`(ORIGINAL PLUS 6 COPIES BY HAND DELIVERY)
`
`The Honorable Delbert R. Terrill, Jr.
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, S.W.
`Room 3 17
`Washington, D.C. 20436
`(TWO COPIES BY HAND DELIVERY)
`Anne M. Goalwin, Esq.
`U.S. International Trade Commission
`Office of Unfair Imports Investigations
`500 E Street, S.W.
`Room 401-P
`Washington, D.C. 20436
`(ONE COPY BY HAND DELIVERY)
`
`Counsel for Complainants:
`
`James F. Lesniak
`John B. Sganga, Jr.
`Craig S. Summers
`Sheila N. Swaroop
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`620 Newport Center Drive, 1 Bth Floor
`Newport Beach, CA 92660
`(ONE COPY BY FAX & FEDERAL EXPRESS)
`
`
`
`Simon E. Dance, Esq.
`Charles F. Schill, Esq.
`FOLEY & LARDNER
`Washington Harbor
`Suite 500
`3000 K Street, N.W.
`Washington, DC 20007-5 109
`(ONE COPY BY COURIER)
`
`Theodore C. Whitehouse
`WILLKIE, FARR & GALLAGHER
`Three Lafayette Centre
`1155 - 21St Street, N.W.
`Washington, D.C. 20036-3384
`(ONE COPY BY COURIER)
`
`1001 Penisylvania Avenue, N.W.
`Suite 300 South
`Washington, D.C. 20004
`
`Counsel for Bombardier Inc. and Bombardier
`Motor Corporation of America
`
`2
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