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HomeMy WebLinkAbout01-04467 4 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NEWS AMERICA MARKETING IN-STORE, INC., : PA Civil Action No.: D~ -'~~G ~ wil. l'~'1 Plaintiff, : CT Superior Court No.:CV0001774405 v. STEVEN MARQUIS and FLOORgraphics, INC., Defendants. ORDER For good cause shown, pursuant to Pennsylvania Rule of Civil Procedure §4007.1, Pennsylvania Judicial Code §5326(a), and the Commission issued by the State of Connecticut, Dennis Hopkins is ordered to appeaz and testify on behalf of the Plaintiff, News America Marketing In-Store, Inc., before a Notary Public of the Commonwealth of Pennsylvania, at the Holiday Inn, 1450 Harrisburg Pike, Carlisle, Pennsylvania 17013, or some other mutually agreeable location, on August 17, 2001, at 10 a.m., and to testify as to his knowledge at the taking and video-recording of the deposition in the above-entitled action. Dennis Hopkins is further ordered to bring with him the documents identified within the attached Schedule A. Date: ~/~ ~~ By ~~,~~v s ~: -_ r_' -. SCHEDULE A DEFINITION OF °°DOCUMENTS" As used herein, the term "documents" shall mean any written material of any kind, including but not limited to any calendazs, diaries, evaluations, invoices, letters, memoranda, messages, notes, statements of account or articles, including any drafts or preliminary versions thereof, whether such documents are stored on computer systems (including without limitation, discs, tapes or drives) or as printed documents, and shall mean any recorded material of whatever kind, including but not limited to any recordings made by the use of electronic and magnetic recording devices and/or computers. DOCUMENTS TO BE PRODUCED (a) All documents sent from or addressed to FLOORgraphics' personnel. (b) All documents regazding bids or proposals from FLOORgraphics or News America personnel. (c) All documents regazding your analysis or review of FLOORgraphics and/or News America bids or proposals. (d) All contracts, letters or intent, or other documents regazding any agreement with FLOORgraphics. (e) All documents regarding communications, contracts or negotiations with FLOORgraphics or News America personnel. (f) All documents regarding communications with Steven Marquis. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NEWS AMERICA MARKETING IN-STORE, INC., Plaintiff, v. STEVEN MARQUIS and FLOORgraphics, INC., Defendants. PA Civil Action No.: CT Superior Court No.:CV000177440S July 23, 2001 PETITION FOR ORDER TO GIVE TESTIMONY FOR PROCEEDING OUTSIDE THE COMMONWEALTH Pursuant to Pennsylvania Rule of Civil Procedure §4007.1, Pennsylvania Judicial Code §5326(a), and the Commission To Take The Deposition of Dennis Hopkins issued by the State of Connecticut, see Tab 1, Plaintiff in the above-entitled State of Connecticut action moves for an order authorizing the Plaintiff to take the videotaped deposition upon oral examination of Dennis Hopkins, a resident of the Commonwealth of Pennsylvania, before a Notary Public or before some other officer authorized by law to administer oaths in the Commonwealth of Pennsylvania on August 17, 2001, at 10 a.m. at the Holiday Inn, 1450 Harrisburg Pike, Carlisle, Pennsylvania 17013, or some other mutually agreeable location, pursuant to the Connecticut Rules of Court. Furthermore, Plaintiff moves that Dennis Hopkins be ordered to bring with him the documents set forth in Schedule A. See Tab 2. Respectfully submitted, NEWS AMERICA MARKS ING IN-STORE, INC. i ' (/i~-- By: effrey M. Vona (Pa. Bar # 82199) JACKSON LEWIS SCHNITZLER & KRUPMAN 177 Broad Street, P.O. Box 251 Stamford, Connecticut 06904-0251 (203) 961-0404 CERTIFICATE OF SERVICE I do hereby certify that I served, this 23rd day of July, 2001 via first class U.S. mail to: Jonathan B. Orleans, Esq., Zeldes, Needle & Cooper, 1000 Lafayette Boulevard, P.O. Box 1740, Bridgeport, CT 06601-1740, attorneys for FLOORgraphics, and Micha 1 N. Lavelle, Esq., Pullman & Comley, LLC, 850 Main Street, P.O. Box 70f1¢, Bridgeport, CTg06601-7006, attorneys for Steven Marquis. ~ ~ /,~ / ~erirey rv-. vona NEWS AMERICA MARKETING IN-STORE, INC., v. Plaintiff, JUDICIAL DISTRICT OF STAMFORD/NORWALK AT STANFORD STEVEN MARQUIS and FLOORgraphics, INC., Defendants. CERTIFICATION INTO COURT Pursuant to the Connecticut Rules of Court § 20-2, the accompanying Commission to Take the Deposition of Dennis Hopkins made to me in the above-entitled case and the preceding thereon had before me are hereby certified to the Court. /I__ (tLl~(J J (r ~t'ti ~ ~i Dated at Stamford, Connecticut, this ~ l day of _'~'~Q~) ,/~'4. , 2000. A Judge of the Superior Court CV000177440 S NEWS AMERICA MARKETING IN-STORE, INC., Plaintiff, JUDICIAL DISTRICT OF v. STAMFORD/NORWALK AT STANFORD STEVEN MARQUIS and FLOORgraphics, INC., Defendants. COMMISSION TO TAKE THE TO: Heidi Younkis, or another competent authority of Sazgent's Court Reporting Amtrak Station 415 Market Street Suite 302 Harrisburg 17110 (717)234-5851 Be it known that you aze hereby appointed by the laws of the State of Connecticut a Commissioner by the Superior Court for the Judicial District of Stamford/Norwalk at Stamford, before whom the deposition of Dennis Hopkins shall be taken in the above-entitled case now 1 .~~ _ O pending in said Superior Court within and for the Judicial District of Stamford/Norwalk at Stamford, in the State of Connecticut. Therefore, you are authorized and directed to cause to come before you Dennis Hopkins and then and there to answer the questions of any of the parties to the above-entitled action on oath or on affirmation, touching the matters in controversy in said case. Deponent shall bring all documents and materials requested within the subpoena. Deponent first shall answer the questions asked by the party requesting the deposition and afterward to answer questions asked by other parties. You are authorized to adjourn, continue or postpone the deposition as you may deem it proper. Said deposition is to be held on July 11`s , 2000, at 53 West Pomfret Street, Carlisle, PA 17013, or other convenient date and location. You are further commissioned to have the testimony of said witness stenographically recorded, videotaped, and subscribed by said witness and certified by him to be correct unless said signing and certification is expressly waived by said witness in your presence. You are to annex 2 thereto any and all papers and documents produced as here before provided or produced and proved before you. The deposition should be captioned, headed and introduced as follows: CV000177440 S NEWS AMERICA MARKETING IN-STORE, INC., Plaintiff, JUDICIAL DISTRICT OF v. STAMFORD/NORWALK ATSTAMFORD STEVEN MARQUIS and FLOORgraphics, INC., Defendants. DEPOSITION OF: Dennis Hopkins, taken before Heidi Younkis, or another competent authority of Sazgent's Court Reporting, Amtrak Station, 415 Mazket Street, Suite 302, Han•isburg 17110, pursuant to Connecticut Rules of Court §§ 13-27 et sea•, at the offices of Sazgent's Court Reporting. Dennis Hopkins, deponent, having first been duly sworn, deposes and states as follows: 3 Following the foregoing introductions, you will cause the deposition to include the questions and answers and each and all of the same in the identical language used in said questions and by the witness. The questions and answers should be appropriately designated according to the party or attorney asking the questions. One certificate, envelope and direction will answer for the entire deposition ofthe witness. Every document or other exhibit referred to in the deposition and annexed 4 :~~ . ~~ thereto should be signed or initialed by you and marked in some manner for identification. At the conclusion of the deposition, you will annex thereto your certificate in the following form: ss. AT COUNTY OF Personally appeared before me this _ day of , 2000, Dennis Hopkins, who made solemn oath (or affirmation) to the truth of the same; which deposition as taken to be used in the above-entitled action now pending in the Superior Court for the Judicial District of Stamford/Norwalk atStamford ofthe State of Connecticut; the reason for taking the deposition being that Dennis Hopkins is permanently located outside the State of Connecticut. Subscribed, taken and sworn to before me. Commissioner Appointed by the Superior Court For the Judicial District of Stamford/Norwalk at Stamford State of Connecticut 5 Q You will then enclose and seal the original transcript and videotape along with the original of every exhibit in an envelope marked "ORIGINALS." Forward this envelope along with one copy of the transcript, exhibits and videotape, by registered mail to "A. Robert Fischer, Jackson Lewis Schnitzler & Krupman, 177 Broad Street, P.O. Box 251, Stamford, CT 06904-0251." You will chazge the cost, including your fees, for taking the deposifions to the party, or its attorney, on whose behalf such deposition is taken; and you may supply each party with a copy thereto, at his, her or its request and expense. R. BY T~~HAAE COURT _ rv~- ' ~ 7 I/- ~~_ Judge of the Superior Court Dated: 2000 ~~ Q CV000177440 S NEWS AMERICA MARKETING IN-STORE, INC., Plaintiff, JUDICIAL DISTRICT OF v. STAMFORD/NORWALK AT STAMFORD STEVEN MARQUIS and FLOORgraphics, INC., Defendants. JUNE 21, 2000 PLAINTIFF'S MOTION FOR APPOINTMENT OF COMMISSION TO DEPOSE DENNIS HOPHINS Pursuant to the Connecticut Rules of Court §§ 13-27 etet sea•, the plaintiff, News America Marketing In-Store Inc. ("News America"), by and through its attorneys, Jackson Lewis Schnitzler & Krupman, moves for an order appointing Heidi Younkis, or another competent authority of Sargent's Court Reporting, Amtrak Station, 415 Market Street, Suite 302, Harrisburg 17110, who is a notary public authorized to administer oaths in the state of Pennsylvania, with a commission to administer an oath and to take the testimony of Dennis Hopkins, an agent, officer and/or employee of Giant Food Stores, Inc., 1149 Harrisburg Pike, Carlisle, PA, 17013, in this matter. ORAL ARGUMENT NOT REQUESTED ;» z"' c TESTIMONY NOT REQUIRED ~-- » rv c _., ~~r;a ~ ~;zx fv ~,-:-3 ~-~ r- ' ;'as o ~s,a -+v ~ ~;~ca ~~ g ~'"-~t x /3/`' In support of its request, News America represents the following: News America is a provider of in-store advertising and promotional products and services. Defendant Marquis was previously employed byNews America as Vice President of Retail Sales. News America suspects Defendant Marquis removed from his office atNews America copies of documents, computer printouts and computer files containing confidential information. The day after removing this information, Defendant Marquis resigned from News America in order to work for News America's competitor FLOORgraphics. Immediately after Marquis' resignation, Marquis and other FLOORgraphics employees began contacting certain retailers in an effort to convince the retailers to cease conducting business with News America in favor of conducting business with FLOORgraphics. 2. One such retailer is Ahold, Inc. Dennis Hopkins is the Vice President of Marketing for one ofAhold's subsidiaries, Giant Food Stores Inc. The deposition of Dennis Hopkins may well enable News America to discover information that will substantiate its claims against Defendants Marquis and FLOORgraphics. .: 3. As a defense to News America's claims, Marquis and FLOORgraphics have asserted that News America has acted improperly with retailers in the marketplace and that any unlawful actions on the part of Marquis and FLOORgraphics have resulted from News America's improper marketplace activity. The depositions of retailers, such as Dennis Hopkins at Giant Food Stores Inc., are necessary in responding to Marquis' and FLOORgraphics' claims that News America has acted improperly. 4. A. Robert Fischer or another attorney from the firm of Jackson Lewis Schnitzler & Krupman, counsel for News America, will be present at the deposition, and will conduct the deposition after the Cornrnissioner administers the oath to the appropriate parry. Defendants' counsel will have the opportunity to attend and cross-examine the witness. 3 ~n The proposed Commission is attached hereto as Exhibit A. PLAINTIFF, NEWS AMEBIC MARKETING IN-STORE, INC 1 By: ~ ~/ JEFFREY M. VONA JACKSON LEWIS SCHNITZLER & KRUPMAN Juris No. 405727 177 Broad Street, P.O. Box 251 Stamford, Connecticut 06904-0251 (203)961-0404 Its Attorneys 4 Q ORDER The foregoing motion, having been presented to the Court, it is hereby ordered that the requested commission be appointed. sy ~- 1-~'0 Judge/clerk ,~ CERTIFICATE OF SERVICE I do hereby certify that I served, this 21`s` day of June, 2000, a copy of the foregoing via first class mail, postage prepaid and via facsimile, as follows: Jonathan B. Orleans, Esq. Zeldes, Needle & Cooper 1000 Lafayette Boulevard P.O. Box 1740 Bridgeport, CT 06601-1740 (203) 333-1489 (fax) Michael N. Lavelle, Esq. Pullman & Comley, LLC 850 Main Street P.O. Box 7006 Bridgeport, CT 06601-7006 (203) 576-8888 (fax) /^/~ ~ vY ~ Jef y .Vona 6 SCHEDULE A DEFINITION OF f°DOCUMENTS" As used herein, the term "documents" shall mean any written material of any kind, including but not limited to any calendars, diaries, evaluations, invoices, letters, memoranda, messages, notes, statements of account or articles, including any drafts or preliminary versions thereof, whether such documents are stored on computer systems (including without limitation, discs, tapes or drives) or as printed documents, and shall mean any recorded material of whatever kind, including bat not limited to any recordings made by the use of electronic and magnetic recording devices and/or computers. DOCUMENTS TO BE PRODUCED (a) All documents sent from or addressed to FLOORgraphics' personnel. (b) All documents regazding bids or proposals from FLOORgraphics or News America personnel. (c) All documents regarding your analysis or review of FLOORgraphics and/or News America bids or proposals. (d) All contracts, letters or intent, or other documents regazding any agreement with FLOORgraphics. (e) All documents regazding communications, contracts or negotiations with FLOORgraphics or News America personnel. (f) All documents regarding communications with Steven Marquis.