LETTER ROGATORY – CHENG SUN LAN

LETTER ROGATORY – CHENG SUN LAN

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UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

ANDES INDUSTRIES, INC. and

PCT INTERNATIONAL INC.,

Plaintiffs,

v.

CHENG SUN LAN; KUN-TE YANG;

CHI JEN (DENNIS) LAN; POLAR STAR

MANAGEMENT LTD.; EZCONN

CORPORATION: and EGTRAN

CORPORATION,

Defendants.

Civil Action No. 2:14-cv-00400

REQUEST FOR INTERNATIONAL

JUDICIAL ASSISTANCE (LETTER

ROGATORY) FOR SERVICE OF

PROCESS UPON

CHENG SUN LAN

TO THE APPROPRIATE JUDICIAL AUTHORITY IN TAIWAN:

The United States District Court for the District of Nevada presents its compliments

to the Appropriate Judicial Authority in Taiwan, and respectfully requests international

judicial assistance to effect service of process upon Taiwanese Defendant CHENG SUN

LAN in connection with a civil proceeding currently pending before this Court.

NATURE AND PURPOSE OF THE PROCEEDINGS

Plaintiffs Andes Industries, Inc. (“Andes”) and PCT International, Inc. (“PII”) bring

this action against, inter alia, Defendants Cheng Sun Lan, Kun-Te Yang, Chi-Jen (Dennis)

Lan, and EZconn Corporation (“EZconn”) for, inter alia, alleged breaches of fiduciary duty,

usurpation of corporate opportunity, breaches of contract, tortious interference with

prospective economic advantage, unfair competition, and civil conspiracy. Plaintiff Andes

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and its wholly owned subsidiary PII (collectively, “PCT”) assert that they own significant

intellectual property, confidential proprietary information, and business operations. PCT

alleges that Defendants have abused their positions as shareholders, lenders, and suppliers to

PCT in an attempt to gain control over PCT'’s intellectual property and proprietary

information.

ALLEGATIONS AND RELIEF SOUGHT BY THE PLAINTIFFS

PCT submits that its relationship with Defendants dates to approximately 1997, when

PCT contracted with EZconn to manufacture various PCT products, which are used in

sophisticated broadband communication networks. PCT asserts that, in an effort to win

PCT’s business, Cheng Sun Lan and others at EZconn assured PCT that they would take

steps to properly protect PCT’s confidential proprietary information. PCT alleges that it then

engaged EZconn as its contract manufacturer and provided EZconn with detailed confidential

technical information regarding its proprietary product designs. PCT alleges that, because it

viewed Mr. Lan as a trusted business partner, PCT and its shareholders allowed Mr. Lan to

invest in Andes.

PCT alleges that Defendants, acting under Mr. Lan’s direction and control, usurped

PCT’s intellectual property, confidential proprietary information, and corporate opportunities

to enrich themselves at the expense of PCT and its other shareholders. PCT asserts that

Defendants then sought to wrongfully gain complete ownership or control over PCT and its

intellectual property assets. PCT claims that Defendants’ conduct includes breaches of

fiduciary duty, aiding and abetting breaches of fiduciary duty, usurpation of corporate

opportunity, breaches of contract, tortious interference with contract, tortious interference

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with prospective economic advantage, fraud, constructive fraud, breach of implied duty of

good faith and fair dealing, unfair competition, unjust enrichment, and civil conspiracy.

PCT asks this Court to adjudge that Defendants acted in violation of their duties

under various doctrines of law, and that Defendants be held liable for damages resulting from

these acts.

DEFENDANT’S LOCATION

It has been represented to this Court that Defendant CHENG SUN LAN is an

individual domiciled in Taiwan but whose home address could not be ascertained after a

diligent search. According to an investigation undertaken by PCT, CHENG SUN LAN can

be served at the following business address:

CHENG SUN LAN

c/o EZconn Corporation (光红建圣股份有限公司)

F3, No. 12., Lane 121, LiDe Rd.,

Beitou District, Taipei City

(台北市北投区立德路 121 巷 12 号 3 楼 )

TAIWAN

ASSISTANCE REQUESTED

This Court respectfully requests that Taiwanese judicial authorities:

1. Cause one copy of the Summons in a Civil Action and Complaint, appended

hereto in English and in Chinese, to be served upon CHENG SUN LAN at the

above-indicated address, in the manner prescribed for the service of similar

documents under the laws of Taiwan;

2. Cause the person who serves the documents upon the defendant to execute an

affidavit of service as provided by Taiwanese law;

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3. Return through diplomatic channels to plaintiffs’ counsel’s international litigation

support firm, Legal Language Services, 8014 State Line Road, Ste 110, Leawood,

KS 66208 USA, the affidavit of service and copy of the documents which were

served;

If service cannot be effected at the addresses provided, this Court respectfully

requests judicial assistance to effect service by any means permitted under Taiwanese law.

This Court, through PCT, is willing to reimburse any expenses incurred by any

Taiwanese judicial authority in executing this Letter of Request.

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.

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

consideration.

Respectfully Requested,

Dated: July ________, 2014 _________________________________

The Honorable Andrew P. Gordon

United States District Judge for the

District of Nevada

333 S. Las Vegas Blvd.

Las Vegas, Nevada 89101

United States of America

Tel.: 702.464.5400

(SEAL OF US DISTRICT COURT FOR THE DISTRICT OF NEVADA)

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GEORGE FOLEY, JR. 

United States Magistrate Judge 

333 Las Vegas Blvd. South 

Las Vegas, NV 89101 

United States of America 

702-464-5575

17

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