Case 2:17-cv-00932-JLR Document 71 Filed 03/30/18 Page 1 of 3
`Case 2:17-cv-00932-JLR Document 71 Filed 03/30/18 Page 1 of 3
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`THE HONORABLE JAMES L. ROBART
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`CYWEE GROUP LTD.,
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`Plaintiff,
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`v.
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`CASE NO.: 2: 17-cv-00932-JLR
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`DECLARATION OF CELESTE
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`INGALLS REGARDING SERVICE
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`OF PROCESS IN THE
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`HTC CORPORATION, and HTC AMERICA,
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`NETHERLANDS IN SUPPORT OF
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`DEFENDANTS’ MOTION TO
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`AMEND SCHEDULING ORDER
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`INC,
`
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`Defendants.
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`
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`HTC CORPORATION, and HTC AMERICA,
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`INC.,
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`Third—Party Plaintiffs,
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`v.
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`STMicroelectronics N.V., STMicroelectronjcs,
`Inc., and CyWee Motion Group Ltd.,
`
`
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`Third-Party Defendants.
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`DECLARATION OF CELESTE INGALLS
`CASE NO. 2:17-cv-00932—JLR
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`WILSON SONSlNI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
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`Case 2:17-cv-00932-JLR Document 71 Filed 03/30/18 Page 2 of 3
`Case 2:17-cv-00932-JLR Document 71 Filed 03/30/18 Page 2 of 3
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`1
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`45935.)
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`I declare that I, Celeste Ingalls, specialize in the service of civil process in foreign
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`countries, am a resident of Oregon, citizen of the United States, over the age of twenty-one, not a
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`party nor an attorney for any party in this action, and declare the following:
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`1.
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`2.
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`I am Director of Operations for Crowe Foreign Services; and
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`On March 20, 2018, I was instructed by members of TransPerfect Legal Solutions
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`to initiate the proper procedures to properly and formally effect service of process in the
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`Netherlands upon STMicroelectronics N.V.; and
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`3.
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`The United States and the Netherlands are signatory to the Convention on the
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`Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Done
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`at the Hague, November 15, 1965, (Hague Service Convention); and
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`4.
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`I have successfully, on a frequent and regular basis for more than 22 years,
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`prepared, signed, and forwarded requests for service of process in accordance the Hague Service
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`Convention in the Netherlands from various United States Federal and State Courts, as well as
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`from courts in Canada and other territories; and
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`5.
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`I have lectured to state/county bar and other professional associations on the
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`mechanics and requirements of process service in foreign countries; and
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`6.
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`Since 2003 I have attended, at special invitation as a private expert, all Special
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`Administrative Sessions of the Hague Conference in The Hague, Netherlands, at which each
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`signatory country was represented by their respective Judicial Authorities to discuss the practical
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`mechanics of, and problems encountered in dealing with, the Hague Service Convention and the
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`Hague Evidence Convention as they apply to each country’s laws and interpretations of the
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`Convention and its obligations; and
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`7.
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`I have participated (at invitation) with the Hague Administration in a “training”
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`session, presided over by the Hague Administration, to provide guidance to a foreign Central
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`Authority and its courts on their practical obligations with respect to service under the provisions
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`of the Hague Service Convention. At this session, it was agreed by the Hague Administration
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`that although it may contradict the spirit of the Hague Service Convention, each signatory
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`DECLARATION OF CELESTE INGALLS
`'
`_
`2-17'CV'00932 JLR
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`2
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`WILSON Sonsmr Goonmcn & ROSATI
`701 Fiflh Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206)883-2500
`Fax: (206) 883-2699
`
`

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`Case 2:17-cv-00932-JLR Document 71 Filed 03/30/18 Page 3 of 3
`Case 2:17-cv-00932-JLR Document 71 Filed 03/30/18 Page 3 of 3
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`country has the discretion to interpret the Convention articles in a way that conforms to its
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`internal law; and
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`8.
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`In accordance with Rule 4(h)(2) of the Federal Rules of Civil Procedure, service
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`upon a corporation ....... in a place not within any judicial district of the United States shall be by
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`any manner prescribed for individuals by subdivision (1) --except personal delivery as provided
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`in paragraph (2)(C)(i) thereof. In accordance with Rule 4(f)(1) service outside the United States
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`shall be subject to the provisions of the Hague Service Convention; and
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`9.
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`The government of the Netherlands designated De Officier van Justitie as the
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`judicial agency authorized (Central Authority) to receive and effect the service ofjudicial
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`documents in the Netherlands in accordance with the Hague Service Convention; and
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`10.
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`Translation of the documents to be served in the Netherlands is recommended to
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`avoid delays; and
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`11.
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`The requisite Hague documents are currently in production and estimated
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`completion is Friday, March 30, 2018, at which time the documents in this matter will be
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`forwarded to the Central Authority for the Netherlands for service upon STMicroelectronics
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`N.V. in accordance with the Hague Service Convention; and
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`12.
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`It has been my experience that the average turnaround time for service in the
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`Netherlands in accordance with the Hague Service Convention is three to four months, but has
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`occasionally exceeded six months.
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`I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is true
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`and correct. Executed March 29, 2018, at Portland, Oregon.
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`Celeste Ingalls
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`N \
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`lO‘xLJI-bb)
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`DECLARATION OF CELESTE INGALLS
`2:17-cv_00932-J'LR
`
`3
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`WILSON SONSINI GoonRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`