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HomeMy WebLinkAbout03-1704CIVIL DISTR/CT COURT, ORLEANS ) STATE OF LOUISIANA ) MYRNE CAMPBELL, IND/VIDUALLY ) AND AS EXECUTRIX OF THE ) SUCCESSION OF CAROL CAMPBELL PLAINTIFFS, ) VS. CITY OF NEW ORLEANS, CESAR R. ) CORZANTES, E.M.T., VIRDEN D. ) RESTER, E.M.T., VIKROM ) SOTTIURAI, M.D., HAROLD T. ) SHELBY, M.D., LARRY WOODEN, ) M.D., STEVEN D. JONES, M.D., ) JOHNNY GIBSON, M.D.,JAN T. ) MCCLANAHAN, M.D., THOMAS ) C. BROWN, M.D., JAMES A. ROGERS, ) M.D., ET AL IN THE COURT OF COMMON PLEAS NINTH JUDICIAL CIRCUIT CASE NO. 98-18633 CUMBERLAND COUNTY, PA DOCKET NO: PETITION FOR ORDER TO ISSUE OUT OF STATE SUBPOENA _) NOW INTO COURT comes defendant, James A. Rogers, through his attorney, and hereby moves this Honorable Court for an order compelling the Clerk of Court of Cumberland County Prothonotary to issue a subpoena duces tecum to Custodian of Records, PHICO Insurance Company (In Liquidation), One PI-I/CO Drive (17050-2797), P.O. Box 85, Mechanicsburg, Pennsylvania 17055-0085. In support of his motion, defendant states as follows: This case is a medica/malpractice lawsuit flied by plaintiff, Myrne Campbell. PHICO is the former insurer of defendant and said insurer is currently in liquidation. The proof of claim form of this former insurer is relevant to the above-captioned litigation. On March 19, 2003, defendant flied a Petition for Letters Rogatory in the Civil District Court, Parish of Orleans, requesting that that court issue a commission in the form of Letters Rogatory addressed to the Court of Common Pleas requesting that a subpoena duces tecum be issued by that authority pursuant to the deposition notice for service upon PHICO and compelling that insurer (in liquidation) to produe those materials designated in the Records Deposition Notice. See Exhibit "A." On March 19, 2003, Judge Rosmary Ledet, Civil District Court, Parish of Orleans, granted said Letters Rogatory. ,,,Cee Exhibit "B." WHEREFORE, defendant respectfully requests that this Court issue an order for the issuance of a subpoena duces tecum by the Clerk of Court of Cumberland County Prothonotary compelling the Custodian of Records, PHICO Insurance Company (In Liquidation), One PHICO Drive (17050-2797), P.O. Box 85, Mechanicsburg, Pennsylvania 17055-0085, to produce those materials designated in the Records Deposition Notice attached as Exhibit "C." Company Respectfully submitted, (~ NA~LIE G. SIMO,~"(26553) Mc~linchey Stafforc~' A Professional Limited Liability 643 Magazine Street New Orleans, Louisiana 70130 Telephone: (504) 586-1200 Attorneys for defendant: James A. Rogers, M.D. .CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing pleading has been served upon all counsel of record by depo/?~ng same in the U.S. Mail, postage prepaid and properly addressed on this .~ ~ day of//~ ,2003. o. DIsT CT CO T FOR P STATE OP LOUISt k I D~SION "C" s~CTIO~ "6" c/w ~000-1~94 c~B[LL' ~~uALLY A~ AS ~CUT~ OF ~E suCCESSION ~E OF cAROL CA'BELL VERSUS cITY OF NEW oRLEANS, cESAR R. CORT_~NTES, E.M.T., YIRDEN D. I~STER, T. McCLAN~N, E.M.T., v~OM S. SO~' M.D.,-~ROLD T. sHELBY, M.D., LA~Y WoODEN, M.D., STE~N D. JO~S, M.D., JO~ L. G~SON, M.D., J~ M.D., THo~S C. BROWN, M.D., JAMES A. ROGEr, M.D., jA~S E, BROWN, M.D., METHODIST HOSPWAL, a ~uisiana corporation, .... ~ ~r. MO~ .... ~,~. coMPAq, a Louisiana insurance p~,NDL~tO~ · ..... 2. _ .~,~ ~. ~~,'~ -- AME~CA, anew L~UIS~NA ~DIC~ ~v~v · ~ corporation, pRo~SSION~ L~I~ ~s~NCE COMPA~ OF ork insurance co~orafion registered to do business in ~uisiana, A~E~CAN TE~A~ONAL SPE~L~ 'L~S ~su~NCE CO~A~, an Alas~ insurance corporation registered to do business in Louisiana, and COL~~ CASUAL~ cOMPAq, an ~inois insurance corporation registered to do business in Louisiana FILED: DEPUTY CLERK PETITION FoR LETTERS ROG_A_T~ NOW INTO COURT, through undersigned counsel, comes defendant, James A. Rogers, M.D., who respectfully represents that; 1. Petitioner is a defendant in the above-captioned matter which is a medical malpractice lawsuit filed by the plaintiff, Myrne Campbell. The following witness is the former insurer of defendant, James Pt. Rogers, M.D.; §ff~d insurer is currently in liquidation. The proof of claims form of this former insurer is relevant to the above- captioned litigation. The witness' address is: Custodian of Records PHICO Insurance Company (In Liquidation) One PHICO Drive (17050-2797) P. O. Box 85 Mechanicsburg, Pennsylvania 17055-0085 Undersigned counsel for defendant, James A. Rogers, M.D., has noticed the Records Deposition of the above-listed Custodian of Records for April 11, 2003, as evidenced by the Records Deposition Notice attached hereto and incorporated as Exhibit "A." This deposition is for records only, and no testimony will be taken. o Louisiana Revised Statute 13:3823 authorizes this Court to issue a commission in the form of Letters Rogatory addressed to the appropriate judicial authority in another state. wHEREFORE, defendant, James A. Rogers, M.D., prays that Letters Rogatory be issued to the appropriate judicial authority in the appropriate county of Pennsylvania requesting that a subpoena duces tecum be issued by that authority pursuant to the terms of the attached deposition notice for service upon the said Custodian of Records and compelling said insurer (in liquidation) to produce at the time of its deposition those materials designated in the Records Depositions Notice attached as Exhibit "A." Respectfully submitted, IC-A~A.~ FRoIS (20187),/~ ALIE G. SIMON (26583 McGI chey Stafford, PLLC 643 h gazine Street New Orleans, Louisiana 70130 Telephone: (504) 586-1200 Attorneys for defendant: James A. Rogers, M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing upon all counsel of record by depositing same in the U.S. Mail, postage addressed on March 19, 2003. plead~een served 7 ? CIVIL DISTRICT COURT FOR TEI~~OF ORLEANS STATE OF LCl~,,,..~l~.q ~ ~: 30 EXHIBIT NO. 98-18633 c/w 2000-1294 SECTION"" ~' ' 6 ~/IL DIVISION "C" MYRNE CAMPBELL, INDIVIDUALLY AND AS EXECUTRIX OF THE SUCCESSION OF CAROL CAMPBELL VERSUS CITY OF NEW ORLEANS, CESAR R. CORZANTES, E.M.T., VIRDEN D. RESTER, E.M.T., VIKROM S. SOTTIURAI, M.D., HAROLD T. SHELBY, M.D., LARRY WOODEN, M.D., STEVEN D. JONES, M.D., JOHNNY L. GIBSON, M.D., JAN T. McCLANAHAN, M.D., THOMAS C. BROWN, M.D., JAMES A. ROGERS, M.D., JAMES E. BROWN, M.D., PENDLETON MEMORIAL METHODIST HOSPITAL, a Louisiana corporation, LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, a Louisiana insurance corporation, PROFESSIONAL LIABILITY INSURANCE COMPANY OF AMERICA, a New York insurance corporation registered to do business in Louisiana, AMERICAN INTERNATIONAL SPECIALITY LINES INSURANCE COMPANY, an Alaska insurance corporation registered to do business in Louisiana, and COLUMBIA CASUALTY COMPANY, an lllinois insurance corporation registered to do business in Louisiana FILED: DEPUTY CLERK NOTICE OF RECORDS DEPOSITION To: Custodian of Records PHICO Insurance Company (In Liquidation) One PHICO Drive (17050-2797) P. O. Box 85 Mechanicsburg, Pennsylvania 17055-0085 PLEASE TAKE NOTICE that the defendant, James A. Rogers, M.D., through his undersigned counsel, will take the deposition of the Custodian of Records, PHICO Insurance Company (In Liquidation) on April 11, 2003, at 9:00 o'clock a.m. at the offices of McGlinchey Stafford, PLLC, 643 Magazine Street, New Orleans, Louisiana 70130. You are invited to attend. FURTHERMORE, in accordance with the Louisiana Code of Civil Procedure, the defendant gives notice that a subpoena duces tecum has been issued to the Custodian of Records for PHICO Insurance Company (In Liquidation) for him and/or his appointed representative to produce: CERTIFIED copies of any and all PROOF OF CLAIM FORM(S) relating in any way to the following: Claimant: Myme Campbell, 6418 Pratt Drive, New Orleans, Louisiana 70122, as Executrix of the Succession of Carol Campbell or Carol Campbell, Social Security Number 435-48-2657, date of birth 12/21/28. CIVIL DISTRICT COURT FOR TIlE PARISH STATE OF LOUISIANA NO. 98-18633 c/w 2000-1294 SECTION "6" ,...DIVISION "C" ~'}!$l?,lCl COUW[ MYRNE CAMPBELL, INDIVIDUALLY AND AS EXECUTRIX OF THE SUCCESSION OF CAROL CAMPBELL VERSUS CITY OF NEW ORLEANS, CESAR R. CORZANTES, E.M.T., VIRDEN D. RESTER, E.M.T., VIKROM S. SOTTIURAI, M.D., HAROLD T. SHELBY, M.D., LARRY WOODEN, M.D., STEVEN D. JONES, M.D., JOHNNY L. GIBSON, M.D., JAN T. McCLANAHAN, M.D., THOMAS C. BROWN, M.D., JAMES A. ROGERS, M.D., JAMES E. BROWN, M.D., PENDLETON MEMORIAL METHODIST HOSPITAL, a Louisiana corporation, LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, a Louisiana insurance corporation, PROFESSIONAL LIABILITY INSURANCE COMPANY OF AMERICA, a New York insurance corporation registered to do business in Louisiana, AMERICAN INTERNATIONAL SPECIALITY LINES INSURANCE COMPAI~', an Alaska insurance corporation registered to do business in Louisiana, and COLUMBIA CASUALTY COMPANY, an lllinois insurance corporation registered to do business in Louisiana FILED: DEPUTY CLERK LETTERS ROGATORY TO: Prothonotary's Office Court of Common Pleas, 9th Judicial District Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 In the Civil District Court for the Parish of Orleans, State of Louisiana, there is pending the captioned case and it appears to this Court that the just determination of the issues therein presented requires that a proof of claim form be produced by the Custodian of Records, PHICO Insurance Company (In Liquidation) located at One PI-~CO Drive (17050-2797), P. O. Box 85, Mechanicsburg, Pennsylvania 17055-0085. This Court requests that you assist it in serving the interests of justice by causing the Custodian of Records, PHICO Insurance Company (In Liquidation) to produce those documents designated in the attached Records Deposition Notice at the following date, time and location: Friday, April 11, 2003 at 10:00 a.m. McGlinchey Stafford, PLLC 643 Magazine Street New Orleans, Louisiana 70130 This deposition is for records only and no testimony will be taken. The Court is ready and willing to extend the same courtesies to the Courts of the State of Pennsylvania in a similar case as required. EXHIBIT New Orleans, Louisiana, this day of FILED ,2003. gAR lq I::::) 3:31 CIVIL ~iiSTRICT COURT JUDGE ROLAND L. BELSOME NO. 98-18633 c/w 2000-1294 CIVIL DISTRICT COURT FOR THE PARISI~_O~ANS STATE OF LOUISIANA ZOO] NAIl Iq P SECTION "6" CIVIL ?iSTRtCT COURT MYRNE CAMPBELL, INDIVIDUALLY AND AS .EXECUTRIX OF THE SUCCESSION OF CAROL CAMPBELL 331 DIVISION "C" VERSUS CITY OF NEW ORLEANS, CESAR R. CO1LZANTES, E.M.T., VIRDEN D. RESTER, E.M.T., VIKROM S. SOTTIURAI, M.D., HAROLD T. SHELBY, M.D., LARRY WOODEN, M.D., STEVEN D. JONES, M.D., JOHNNY L. GIBSON, M.D., JAN T. McCLANAHAN, M.D., THOMAS C. BROWN, M.D., JAMES A. ROGERS, M.D., JAMES E. BROWN, M.D., PENDLETON MEMORIAL METHODIST HOSPITAL, a Louisiana corporation, LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, a Louisiana insurance corporation, PROFESSIONAL LIABILITY INSURANCE COMPANY OF AMERICA, a New York insurance corporation registered to do business in Louisiana, AMERICAN INTERNATIONAL SPECIALITY LINES INSURANCE COMPANY, an Alaska insurance corporation registered to do business in Louisiana, and COLUMBIA CASUALTY COMPANY, an Illinois insurance corporation registered to do business in Louisiana ORDER Considering the Letters Rogatory; IT IS ORDERED, ADJUDGED AND DECREED that the Custodian of Records, PHIC0 Insurance Company (In Liquidation) be duly served with a subpoena duces tecum pursuant to the terms of the Records Deposition Notice, compelling said insurer (in liquidation) to produce at the time of its deposition those materials designated in the subpoena duces tecum. , Pennsylvania tl~s day of March, 2003. JUDGE, Court of Common Pleas 9~ Judicial District 389472.1 CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIAN~A]~ E D NO. 98-18633 c/w 2000-1294 SECTION "6~0] MAI~ Iq ID 3:3 ! DIVISION "C" CIVIL MYRNE CAMPBELL, INDIVIDUALLY AND AS E]~l~lI~ ~l]:~gHE SUCCESSION OF CAROL CAMPBELL VEREUS CITY OF NEW ORLEANS, CESAR R. CORZANTES, E.M.T., VIRDEN D. RESTER, E.M.T., VIKROM S. SOTTIURAI, M.D., HAROLD T. SHELBY, M.D., LARRY WOODEN, M.D., STEVEN D. JONES, M.D., JOHNNY L. GIBSON, M.D., JAN T. McCLANAHAN, M.D., THOMAS C. BROWN, M.D., JAMES A. ROGERS, M.D., JAMES E. BROWN, M.D., PENDLETON MEMORIAL METHODIST HOSPITAL, a Louisiana corporation, LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, a Louisiana insurance corporation, PROFESSIONAL LIABILITY INSURANCE COMPANY OF AMERICA, a New York insurance corporation registered to do business in Louisiana, AMERICAN INTERNATIONAL SPECIALITY LINES INSURANCE COMPANY, an Alaska insurance corporation registered to do business in Louisiana, and COLUMBIA CASUALTY COMPANY, an Illinois insurance corporation registered to do business in Louisiana FILED: DEPUTY CLERK NOTICE OF RECORDS DEPOSITION To: Custodian of Records PHICO Insurance Company (In Liquidation) One PHICO Drive (17050-2797) P. O. Box 85 Mechanicsburg, Pennsylvania 17055-0085 PLEASE TAKE NOTICE that the defendant, James A. Rogers, M.D., through his undersigned counsel, will take the deposition of the Custodian of Records, PHICO Insurance Company (In I,iquidation) on April 1 !, 2003, at 9:00 o'clock a.m. at the offices of McGlinchey Stafford, PLLC, 643 Magazine Street, New Orleans, Louisiana 70130. You are invited to attend. FURTHERMORE, in accordance with the Louisiana Code of Civil Procedure, the defendant gives notice that a subpoena duces tecum has been issued to the Custodian of Records for PHICO Insurance Company (In Liquidation) for him and/or his appointed representative to produce: CERTIFIED copies of any and all PROOF OF CLAIM FORM(S) relating in any way to the following: Claimant: Myrne Campbell, 6418 Pratt Drive, New Orleans, Louisiana 70122, as Executrix of the Succession of Carol Campbell or Carol Campbell, Social Security Number 435-48-2657, date of birth 12/21/28. EXHIBIT Insured: James A. Rogers Policy No.: 14406 This deposition is for records only, and no testimony will be taken Respectfully~submitted, ~ ~O~I~A A. FROIS (201~fi')/ '/ ~ /NATI~IE G. SIMON (26583) { McGlin-chey Stafford, PLLC 643 Magazine Street New Orleans, Louisiana 70130 Telephone: (504) 586-1200 Attorneys for defendant: James A. Rogers, M.D. CERIIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing pleading has been served upon all counsel of record by depositing same in the U.S. Mail, postage pre~ ro~ly, x addressed on March 19, 2003. CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISd IL E D NO. 98-18633 c/w 2000-1294 SECTION "6~0] [qA[I ltl [D .'q: 3 1 DIVISION "C" CIVIL MYRNE CAMPBELL, INDIVIDUALLY AND AS E~]l~t~'~ ~I]:0[HE SUCCESSION OF CAROL CAMPBELL VERSUS CITY OF NEW ORLEANS, CESAR R. CORZANTES, E.M.T., VIRDEN D. RESTER, E.M.T., VIKROM S. SOTTIURAI, M.D., HAROLD T. SHELBY, M.D, LARRY WOODEN, M.D., STEVEN D. JONES, M.D., JOIhNNY L. GIBSON, M.D., JAN T. McCLANAHAN, M.D., THOMAS C. BROWN, M.D., JAMES A. ROGERS, M.D., JAMES E. BROWN, M.D., PENDLETON MEMORIAL METHODIST HOSPITAL, a Louisiana corporation, LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, a Louisiana insurance corporation, PROFESSIONAL LIABILITY INSURANCE COMPANY ?F AMERICA, a New York insurance corporation registered to do business in Louisiana, AMERICAN INTERNATIONAL SPECIALITY I,[NES INSURANCE COMPANY, an Alaska insurance corporation registered to do business in Louisiana, and COLUMBIA CASUALTY COMPANY, an Hlinois insurance corporation registered to do business in Louisiana FILED: DEPUTY CLERK NOTICE OF RECORDS DEPOSITION To: Custodian of Records PHICO Insurance Company (In Liquidation) One PHICO Drive (17050-2797) P. O. Box 85 Mechanicsburg, Pennsylvania 17055-0085 PLEASE TAKE NOTICE that the defendant, lames A. Rogers, M.D., through his undersigned counsel, will take the deposition of the Custodian of Records, PHICO Insurance Company (In Liquidation) on April 1!, 2003, at 9:00 o'clock a.m. at the offices of McGlinchey Stafford, PLLC, 643 Magazine Street., New Orleans, Louisiana 70130. yOU are invited to attend. FURTHERMORE, in accordance with the Louisiana Code of Civil Procedure, the defendant gives notice that a subpoena duces tecum has been issued to the Custodian of Records for PHICO Insurance Company (In Liquidation) for him and/or his appointed representative to produce: CERTIFIED copies of any and all PROOF OF CLAEvl FORM(S) relating in any way to the following: Claimant: Myrne Campbell, 6418 Pratt Drive, New Orleans, Louisiana 70122, as Executrix of the Succession of Carol Campbell or Carol Campbell, Social Security Number 435-48-2657, date of birth 12/21/28. EXHIBIT Insured: James A. Rogers Policy No.: 14406 _This de osition is for records onl and no testimon will be taken, y Respectfully submitted, ~ NA e ]Lm G. SnV O ( 6ssa) McGlin~hey ~ Stafford, PLLC 643 Magazine Street New Orleans, Louisiana 70130 Telephone: (504) 586-1200 Attorneys for defendant: James A. Rogers, M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing pleading has been served upon all counsel of record by depositing. Same in the U.S. Mail, postage addressed on March 19, 2003. 391464.1 . , pre~ C0~TH OF PE~LqYLVANIA Fi le No. SUBPOENA TO PRC(XJCE ~NTS OR TH,NC~. FOR DISOOVERY PUR~ TO RULE 4009.22 (Nan~ ~f PersOn or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to ~xJuce the follo~ir~j doctments or things: (Address) You may deJiver or mail legible copies of the clots or produce things requested by this subpoena, to~ether, wiLh the certificate of oc~r~liance, to the party making this request, at the address listed above. You have the right to seek in advance the reasonable cost of pre.parii~ the co~ies or producing the things sought. If you fail to produce the d~ts or things required by this sub~x~a within twenty (20) days after its service, the Party serving this subpc~-,a may seek a c~Jrt ord~- oc~i~e ! I ir:g you to c~ I y w i th i t. tH I S S~ WA~ I SS~ED AT THE REQUE$¥ OF THE FOL.LO~I I~ PERSO(t: [ELEPHONE: -~--~ ~) ~JJPREI~I~ C(]EM~T ID ~_~_~,~__ BY' THE C~T: )ATE: Seal of the Court Prothonotary/Clerk, Civil Division L~puty (Elf. ~/97) CIVIL DISTRICT COURT, ORLEANS ) STATE OF LOUISIANA ) MYRNE CAMPBELL, INDIVIDUALLY ) AND AS EXECUTRIX OF THE ) SUCCESSION OF CAROL CAMPBELL PLAINTIFFS, ) VS. CITY OF NEW ORLEANS, CESAR R. ) CORZANTES, E.M.T., VIRDEN D. ) RESTER, E.M.T., VIKROM ) SOTTIURAI, M.D., HAROLD T. ) SHELBY, M.D., LARRY WOODEN, ) M.D., STEVEN D. JONES, M.D., ) JOHNNY GIBSON, M.D.,JAN T. ) MCCLANAHAN, M.D., THOMAS ) C. BROWN, M.D., JAMES A. ROGERS, ) M.D., ET AL IN THE COURT OF COMMON PLEAS NINTH JUDICIAL CIRCUIT CASE NO. 98-18633 CUMBERLAND COUNTY, PA DOCKET NO: PETITION FOR ORDER TO ISSUE OUT OF STATE SUBPOENA ) ORDER 2003. This matter is before the Court pursuant to the motion of defendant whereby he seeks this Court to issue an order compelling the appropriate authorities in the State of Pennsylvania to issue a subpoena duces tecum compelling the Custodian of Records, PH!CO Insurance Company (In Liquidation), One PI-l/CO Drive (17050-2797), P.O. Box 85, Mechanicsburg, Pennsylvania 17055- 0085, to produce those materials designated in the Records Deposition Notice attached as Exhibit "C." PHICO, the former insurer of defendant, James A. Rogers, M.D., possesses documents relative to this medical malpractice suit pending in the Civil District Court, Parish of Orleans, State of Louisiana. The Court finds good cause exists for such. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Cumberland County Clerk of Court Prothonotary issue a subpoena duces tecum requiring that the Custodian of Records, PHICO Insurance Company (In Liquidation), One PHICO Drive (17050-2797), P.O. Box 85, Mechanicsburg, Pennsylvania 17055-0085, produce those materials designated in the Records Deposition Notice attached as Exhibit "C."