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HomeMy WebLinkAbout97-04886 ~ ~~ ~~ ~ , e Ii " " " " " , " , i), " 'il I " II , {\ II iI., " , II,il , " , , il, " ~ " ,I Ii . , J ~ o I" " ,II " ',j " 'I 'Ii . 1 ~ ~ ,i' I; , ,J ":' ".' .' , " " 1 ,'" " , I I,:' . , 'Ii ., , /, '.j' . , , " " ~ ~ , , i,' '; " " , 'I, I'; I, " 'I ;,' / / " "~I I ' , , ," '\ " ,I , >II , "' , , ie, > " ii" ,I., ", , I'. ", :'1 'J; " " , " . "'il ',' ," ;1. I: 'I' ,,: ~I' , I', \, I'i "1" .. , " If I \ " ',I' 1" " \' " '1-, 'I " " " , ", , I , ',; , I , , " I,' " " .'1 ~ ~ L60\ l [ d]S~: I (- . ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PEN N S Y L V A N I A DS RESEARCH INC. 's PETITION FOR THE ISSUANCE OF A SUBPOENA TO COMPEL A WITNESS TO GIVE TESTIMONY AND PRODUCE DOCUMENTS AT A DEPOSITION PURSUANT TO 42 PA. C. 5 5326 Filed on behalf of Petitioner, KMS Research, Inc. Counsel of Record for this Party: JoAnne M. Bonacci, Esq. Pa. 1.0. 59392(1) NAGEL RICE' DREIFUSS, ESQS. 301 S. Livingston Avenue Livingston, New JerBey 01039 Phone: (201) 535-3100 ~(~y~ ~ '-. ~ ~ -, ~ '>l\ -.. () -J) 1-:-) cl ..J II eN ';'; f,'" ., N ~ V<J ........." -\7 q " ~ , , , , 'l) " ~ I ,Ii\ :.....j ~ I,; I '~Il , h " , ""r ~ " ~ . : \ , ':',.1 " .111 . <:T) ,. .. '_.J, ~..~ .;\ CJ " C"I c:' -'" 1. Petitioner KMS Research, Inc. is the plaintiff in an action entitled KMS Research Inc. v. Oualitv Kina ~tributors. Inc. et als., currently venued in the Superior Court of the state of California, County of Los Angeles bearing case no. BC158155. 2. Petitioner seeks by this application to obtain the production of documents and testimony from a representative of Interstate Beauty supply, Inc., with the most knowledge of the topics identified in the Subpoena and Clifford soderstadt, a principal of Interstate Beauty Supply, Inc., non-party witnesses in said cause from Interstate Beauty Supply, Inc., located at 1004 Rana Villa Avenue, Camp Hill, County of Cumberland, Pennsylvania 17001. 3. Petitioner KMS Research Inc. seeks by this application to take the depositions of Clifford Soderstadt, a principal of Interstate Beauty Supply, Inc., and the person most knowledgeable at Interstate Beauty Supply, Inc., material non-party witnesses in said cause from Interstate Beauty Supply, Inc., located at 1004 Rana Villa Avenue, camp Hill, County of Cumberland, Pennsylvania 17001. 4. The statutes and rules for the Commonwealth of Pennsylvania permit the application, via petition, for issuance of a subpoena for testimony to be used in foreign jurisdiction. 42 Pa. C.S. 5 5326 and Pa. R.C.P. 234.1-~34.9. 5. The Civil Practico Law and Rules of the stat. of California require a commission or letters rogatory to be 2 issued by the Court. On August 12, 1991 Judge John W. Ouderkirk of the Superior Court of the state of California, County of Los Angeles issued an Order Granting Open Commission and directing, the depositions of Clifford Soderstadt, a principal of Interstate Beauty Supply, Inc. and the person with the most knowledge from Interstate Beauty Supply to appear for deposition testimony in the Commonwealth of Pennsylvania with said depositions to be completed before October 11, 199'7. This Commission by the Superior Court of the State of California, County of Los Angeles is annexed hereto as Exhibit A. 6. Petitioner KMS Research Inc. seeks to take the deposition of Clifford Soderstadt, a principal of Interstate Beauty Supply, Inc. and command the production of documents as set forth in Exhibit "A" to the Subpoena on October 3, 1991 commencing at 10:00 a.m. and continuing from day to day thereafter until completed at the Old Cumberland Courthouse located on the Second F'loor, Old Cumberland Courthouse, Hanover' High Streets, Carlisle, Pennsylvania 17013 county of Cumberland, Commonwealth of Pennsylvania, before a certified shorthand reporter, duly authorized to administer oaths under the Laws of this Commonwealth. Attached hereto aa Exhibit "B" is a proposed Subpoena to be issued in accordance with the laws of Pennsylvania and to be served upon Clifford Soderetadt a principal of Interstate Beauty Supply, Inc. 1. Petitioner KMS Reeearch Ino. eeske to take the 3 deposition of a person most knowledgeable of Interstate Beauty Supply, of the topics identified in the Subpoena and command the production of documents as set forth in Exhibit "A" to the Subpoena on October 3, 1991 commencing at 1:00 p.m. and continuing from day to day thereafter until completed at the Old CUmberland County Courthouse located at Second Floor, Old Courthouse, Hanover & High streets, Carlisle, Pennsylvania 11013 County of Cumberland, Commonwealth of Pennsylvania, before a certified shorthand reporter, duly authorized to administer oaths under the Laws of this Commonwealth. Attached hereto as Exhibit "c" is a proposed Subpoena to be issued in accordance with the laws of Pennsylvania and to be served upon Interstate Beauty Supply, Inc. 8. This Court order authorizes petitioner KMS Research, Inc. to present this order, or a certified copy thereof, to any judge or other official authorized to issue subpoenas in the Commonwealth of Pennsylvania for the purpose of requesting the issuance of a subpoenas directing Clifford Soderstadt, a principal of Interstate Beauty Supply, Inc. and a person most knowledgeable at Interstate Beauty Supply, Inc. of the topics in the Subpoena to appear for their respective depositions in accordance with the forms of subpoenas attached hereto. WHEREFORE, Petitioner, KMS Research Inc., requests this Court to issue a subpoena directing Clifford Soderetadt, a principal of Interstate Beauty Supply, Inc. and the person most knowledgeable at Interstate Beauty Supply, Inc. of the 4 t:- . rI t .,; " ~, ~ "l .~ , ~ "C " .1 :t- III " , " " .., ',' " IbtIIbM A ~ ~ 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, it appears to the Superior Court of the State of California, County of Los Angeles, from the application of plaintiff KMS Research Inc. in this matter, that the following non-party witnesses whose places of business andlor residence are in the State of Pennsylvania, are material witnesses in the above-entitled action currently pending in this court, and that the testimony of said witnesses can now be taken by deposition on oral examination in Pennsylvania, this court, in confidence of your prudence and fidelity appoints you .a commissioner to examine said witnesses: 1. Person most knowledgeable at Interstate Beauty Supply, Inc. 1004 Rana Villa Avenue Camp Hill, PA 17001; 2. Clifford Soderstedt, pricipal of Interstate Beauty Supply. Inc. You are authorized and empowered, at the following date, time and place to administer oaths to these witnesses and to cause the testimony of the witnesses, on oral examination to be reduced to writing and subscribed by the witness, and to certify the deposition to the above-entitled court, and to thereafter forward it to the place and in the manner stipulated by counsel for the various parties in attendance at said deposition. III III 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , 23.bc ,-., ,- DATE. TIME AND PLACE Said depositions shall be completed on or before October 11, 1991, at the aforementioned place of business in Pennsylvania or at any other place(s) agreed upon by the parties and the non-party witnesses, at times convenient to the parties and the non-party witnesses. DATED : A\)(, ~ ':JT t).. , 1995. JJO~HQ~OURT AUG 1 3 1997 JOHN A. CLARKE, C~ERK , , /' ~//:, "" .4.91.48 1'):- 'V\j-I'I C LtIL{:. -3- , , " " 'I' , 'i ", " ".j, , , 'j" , " '1, " , " " , ., ,', ., , , , " " . IICINIII " " " ' ::> If'ql4113 ," ~ Document$ souaht f~: Clifford Soderstedt (Pennsylvania) EXHIBIT "A" DEFINITIONS AND INSTRUCTIONS: As used herein, the term "DOCUMENTS" means each and overy original or copy of words or information by printing, typing, longhand, electronic recording, or other process, regardless of the form thereof, and includes any kind of "writing" as defined by Evidence Code 5250. Such term includes but is not limited to, published materials, reports, correspondence, records, memoranda, notices, notes, marginal notations, messages, teletype printouts, statements, books, studies, minutes, diagrams, drawings, maps, surveys, plans, charts, graphs, data, computer f ilea, computer tapes, computer diskettes, computer printouts, appointment books, telephone message tapes, telephone message slips, drafts, checks, money orders, invoices, billings, evaluations, photographs, audiotapes and videotapes. As used herein, the term "KMS" means KMS Research Inc. as well as any agent, employee, attorney, or other person or entity acting on its behalf. As used herein, the term "liliS... PRODUCIii" means hair care products manufactured KMS Research Inc. As used herein, the terms ":iQJ.l" and "1.QllB" mean Clifford Soderstedt, as well as any agent, employee, attorney, or other person or entity acting on his behalf. As used herein, the term "PERSON" means any natural person as well as any business, legal or governmental entity, or association. Unless otherwise noted, this subpoena seeks records during the period 1990 through present. ITEM NO.1: Copies of any and all DOCUMENTS identifying every person to whom ~QY sold KMS PRODUCTS. ITEM NO.2: Copies of any and all ~ concerning 1.QllB sales of lMa PRODUCTS to any PERSON. ITEM NO.3: Copies of any and all IJOCUMENTS concerning communications between i:.QJ.! and any fE~ to whom 1Ql.! have sold l<MS PRODUCTS. ITEM NO.4: Copies of any and all DOCUMENTS concerning communications between i:.QJ.! and ~. ITE"l NO.5: Copies of any and all DOCUMENTS concerning ~ offers to ..11 KMS PRODUCTS to any PERSON. streets, Carlisle, Pennsylvania 11103, County of Cumberland, Pennsylvania on October 3, 1997 at 1:00 p.m., to testify on behalf of the Petitioner at KMS Research Inc. in the above caae, and to remain until excused as to the following topics: a. The identities of all individuals and entiti6s having an ownership or financial interegt in Interstate Beauty Supply. b. Interstate Beauty Supply's sales of KMS products. c. Restrictions imposed by KMS on the sale of KMS products. d. Interstate Beauty Supply's transactions in KMS produts with Beauty Enterprises or Peggy McCormick Cline. e. Interstate Beauty Supply's transactions in KMS products with Salon Beauty or Michael Freedman. f. All other matters relevant to this lawsuit that are known by the witness(es) . 2. And bring with you the following: Any and all documents as listed in Exhibit "A" attached to this Subpoena. If you fail to attend or produce the documents or things required by thJs subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of civil Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by: (; 'U;z)Vi /lJ. &.~" oAnne M. Bonacci Pa. Id. I 59392(1) Nagel Rice & DreifusB, Esqa. 301 South Livingston Avenue Livingston, New Jersey 01039 (201) 535-3100 2 ... . ~uaht from: Interstate Beauty supply, Inc., 1004 Rana Villa Avenue, Camp Hill, PA 11001 EXHIBIT "A" DEFINITIONS AND INSTRUCTIONS: As usod herein, the term "DOCUI1ENTS" means each and every original or copy of words or information by printing, typing, longhand, electronic recording, or other process, regardless of the form thereof, and includes any kind of "writing" as defined by Evidence Code S250. Such term includes but is not limited to, published materials, reports, correspondence, records, memoranda, notices, notes, marginal notations, messages, teletype printouts, statements, books, studies, minutes, diagrams, drawings, maps, surveys, plans, charts, graphs, data, computer files, computer tapes, computer diskettes, computer printouts, appointment books, telephone message tapes, telephone message slips, drafts, checks, money orders, invoices, billings, evaluations, photographs, aUdiotapes and videotapes. As used herein, the term "~" means KMS Research Inc. as well as any agent, employee, attorney, or other person or entity acting on its behalf. As used heroin, the term "KMS PRODUCTS" means hair care products manufactured KMS Research Inc. As used herein, the terms ":iQ!l" and "YQ!.lB" mean Interstate Beauty Supply, Inc., as well as any agent, employee, attorney, or other person or entity acting on its behalf. As used herein, the term "PERSON" means any natural person as well as any business, legal or governmental entity, or association. Unless otherwise noted, this subpoena seeks records during the period 1990 through present. ITEM NO.1: Copies of any and all DOCUMENTS identifying every person to whom XQY sold KMS PRODUCTS. ITEM NO.2: Copies of any and all DOCUMENTS concerning YQYE sales of EHa PRODUCTS to any PERSOM. I1EM NO.3: Copies of any and all DOCUMENTS concerning communications between XQY and any PERSON to whom 1.QU have sold KMS PRODUCTS. ITEM NO.4: Copies of any and all DOCUMENTS concerning communications between XQY and ~. ITEM NO.5: Copies of any and all QQCYMENTS concerning ~ offers to sell KMS PRODUCTS to any PERSON. ITEM NO.6: Copies of any and all DOCUMENTS concerning offers to 1QU from any ~~ to purchase KMS PRODUCTS. ITEM NO.7: Copies of any and all DOCUMEN'r~ concerning payments made to 1QU in selling ~ PRODUCTS to any PERSON. ITEM NO.8: Copies of any and all DOCUMENTS concerning restrictions imposed by ~ on the sale of KMS PRODUCTS. ITEM NO.9: Copies of any and all DOCUMENTS concerning methods used by 1QU to conceal and/or remove identifying marks from KMS PRODUCTS. ITEM NO........1.Q: Copies of any and all ~JMENTS concerning methods used by 1QU to avoid identification and/or detection in selling KMS PRODUCTS. ITEM NO. 11: Copies of any and all DOCUMENT~ concernillg Beauty Enterprises and/or Peggy McCormick Cline. ITEM NO.-ll: Copies of any and all ILQCUMENTS concerning Salon Beauty and/or Michael Freedman. ITEM NO. 13: Copies of any and all ~UMENTS concerning Image Cosmetics, Charles Eisenberg, and/or Larry Eisenberg. ITEM NO. 14: Copies of any and all DOCUMENTS concerning Quality King Distributors, Inc., M.J. Blick' Associates, Inc., Glenn Nussdorf, Robin Pace, and/or Marcy Blick.