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HomeMy WebLinkAbout08-6206GREENBERG TRAURIG, LLP Kelly Dobbs Bunting (I.D. No. 88492) 2700 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Tel: 215.988.7800 Fax: 215.988.7801 buntingk@gtlaw.com Attorney for Defendant Beazer Homes USA, Inc. KENNETH J. GARY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BEAZER HOMES USA, INC., NO. Defendant. PETITION FOR LETTER ROGATORY Pursuant to Pennsylvania Rule of Civil Procedure 4009.21 and 42 Pa. C.S.A. § 5326, Defendant Beazer Homes USA, Inc. requests that this Court order the Prothonotary to issue a subpoena duces tecum to the Pennsylvania Continuing Legal Education Board and in support thereof, states as follows: 1. Beazer Homes USA, Inc. is a defendant in a civil action pending before the Court of Chancery of the State of Delaware ("Delaware Court"), captioned Kenneth J. Gary v. Beazer Homes USA, Inc., C.A. No. 3537-VCS. 2. Defendant, by and through its undersigned counsel, filed a request for an Open Commission to compel production of documents from the Pennsylvania Continuing Legal Education Board in the Delaware Court. 3. On September 11, 2008, the Delaware Court granted Defendant's request commissioning this Court to notice and issue a subpoena for documents. (A true and correct copy of the Order for Commission with Schedule A and Commission are collectively attached herto as Exhibit A). 4. Defendant requests the issuance of a subpoena duces tecum by this Court to enforce and carry out the Delaware commission. (A true and correct copy of a proposed subpoena with Schedule A is attached hereto as Exhibit B). Respectfully submitted, ,URIG, LLP GREENBERG TRA Kelly Dobbs Bunting4-DD-Nar88492) 2700 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Tel: 215.988.7800 Fax: 215.988.7801 buntingk@gtlaw.com OF COUNSEL: Kelly A Terribile Titania Mack Parker GREENBERG TRAURIG, LLP The Nemours Building 1007 North Orange Street, Suite 1200 Wilmington, DE 19801 Tel: 302.661.7000 Dated: October 16, 2008 EXHIBIT A IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE KENNETH J. GARY, Plaintiff, V. BEAZER HOMES USA, INC., Defendant. COMMISSION C.A. No. 3537-VCS TO: ANY NOTARY IN THE COMMONWEALTH OF PENNSYLVANIA OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS UNDER THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA You have been appointed and you are authorized and empowered in accordance with the terms of the attached Order for Commission, dated 4?e-A 2008, of the Court of Chancery of the State of Delaware, in the captioned case, to do all things necessary and required to be done by the attached Order, including securing from the appropriate judicial authority in the Commonwealth of Pennsylvania the issuance of a subpoena daces tecum directed to The Pennsylvania Continuing Legal Education Board to compel The Pennsylvania Continuing Legal Education Board to produce each of the documents set forth in Schedule A of the Order for Commission. IN TESTIMONY WHEREOF, the seal of this Court is hereto affixed. Register in Chancery CiMMED A3A TRUE C0PVL A3TB&. ASOMM IN ak"M GRANTED IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE KENNETH J. GARY, Plaintiff, V. B:ll ,kZER HOMES USA, INC., Defendant. ORDER FOR CONMUSSION Defendant Beazer Homes USA, Inc. (`Beazer") having moved this Court for C.A. No. 3537-VCS entry of an Order directing the issuance of a Commission for the issuance of a subpoena duces tecum; IT IS ORDERED this L?y of , 2008, that: - 4 ?-? 1. Defendant's Motion for Commission is GRANTED. 2. The Commissioner, or any person acting on his or her behalf, is hereby authorized and empowered to secure from the appropriate judicial authority in the applicable State, the issuance of a subpoena duces tecum, or such other subpoenas as are necessary, to compel The Pennsylvania Continuing Legal Education Board to produce the documents set forth in Schedule A attached hereto. 3. The Pennsylvania Continuing Legal Education Board shall produce each of the documents set forth in Schedule A to the Order for Commission at the offices of Greenberg Traurig, LLP, 2700 Two Commerce Square, 2001 Market Street, Philadelphia, PA 19103, on or before September 12, 2008, or at such other time and place as all parties shall agree. OWIFM A.9 A TRUR COPY! A"Mr. isl ?. " The Honorable Leo E. Strine, Jr. ti Court: DE Court of Chancery Civil Action Judge: Leo E Strine File & Serve Transaction ID: 21454112 Current Date: Sep 11, 2008 Case Number: 3537-VCS Case Name: Gary, Kenneth J vs Beazer Homes USA Inc /s/ Judge Leo E Strine EXHIBIT A - SUBPOENA TO PA BAR CLE BOARD Definitions and Instructions 1. The term "Document" or "documents" shall be interpreted broadly and shall include all papers, letters, correspondence, communications, memoranda, notes, pamphlets, billing records, reports, financial reports, ledgers, studies, books, diaries, logs, calendars, journals, working papers, notices, contracts, agreements, meeting minutes, analyses, calculations, invoices, accounting entries, advertisements, drawings, graphs, data sheets, tapes, sound recordings, phonographic sound reproductions, videographic recordings, and every manner of written, printed, recorded, photographic, magnetic, electric, electronic or computer entry, including email, however any of the above may be produced, reproduced, reduced, enlarged, recorded, stored, transcribed, or received, any copies, duplicates, facsimiles, or transmittals of the foregoing. 2. The term "referring" or "relating" to or "refers" or "relates" to means concerns, constitutes, comprises, describes, sets forth, reflects, analyzes, refers to, evidences, comments upon, mentions, is connected to, discusses, contains data relating to, or pertains to the subject. 3. "And" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the Request all responses that might otherwise be construed to be outside its scope. 4. The use of the singular form of any word includes the plural and vice versa. 5. The term "all" shall mean "each, any and all," the term "any" shall mean "each, any and all," and the term "each" shall mean "each, any and all". 6. In response to the following Requests, you are requested to furnish any documents referred to below that are available to you, including without limitation, documents within the possession, custody or control of your present or former attorneys, accountants, representatives, consultants, agents, employees, investigators, experts, or anyone else acting on your behalf. 7. Unless otherwise noted, these Requests concern the time period from January 1, 2000 through the present. DOCUMENT REQUESTS All documents that relate or refer to any disciplinary or bar admission records concerning Kenneth J. Gary, PA Attorney I.D. No. 45967. 2. All documents that relate or refer to any Continuing Legal Education ("CLE") records for Kenneth J. Gary, including but not limited to, the titles and dates of the CLE courses that he has taken and any forms that he has signed or submitted regarding his CLE courses or their completion. EXHIBIT B COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH J. GARY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BEAZER HOMES USA, INC., NO. OY- b ?D6 c rf ?;K Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Continuing Legal Education Board 5035 Ritter Road Suite 500 Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Exhibit A. to: Kelly Dobbs Bunting, Esq. Greenberg Traurig, LLP 2700 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Kelly Dobbs Bunting, Esq. Greenberg Traurig, LLP 2700 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Tel: 215.988.7800 Supreme Court I.D. No. 88492 Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy EXHIBIT A - SUBPOENA TO PA BAR CLE BOARD Definitions and Instructions 1. The term "Document" or "documents" shall be interpreted broadly and shall include all papers, letters, correspondence, communications, memoranda, notes, pamphlets, billing records, reports, financial reports, ledgers, studies, books, diaries, logs, calendars, journals, working papers, notices, contracts, agreements, meeting minutes, analyses, calculations, invoices, accounting entries, advertisements, drawings, graphs, data sheets, tapes, sound recordings, phonographic sound reproductions, videographic recordings, and every manner of written, printed, recorded, photographic, magnetic, electric, electronic or computer entry, including email, however any of the above may be produced, reproduced, reduced, enlarged, recorded, stored, transcribed, or received, any copies, duplicates, facsimiles, or transmittals of the foregoing. 2. The term referring or relating to or refers or "relates" to means concerns, constitutes, comprises, describes, sets forth, reflects, analyzes, refers to, evidences, comments upon, mentions, is connected to, discusses, contains data relating to, or pertains to the subject. 3. "And" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the Request all responses that might otherwise be construed to be outside its scope. 4. The use of the singular form of any word includes the plural and vice versa. 5. The term "all" shall mean "each, any and all," the term "any" shall mean "each, any and all," and the term "each" shall mean "each, any and all". 6. In response to the following Requests, you are requested to furnish any documents referred to below that are available to you, including without limitation, documents within the possession, custody or control of your present or former attorneys, accountants, representatives, consultants, agents, employees, investigators, experts, or anyone else acting on your behalf. 7. Unless otherwise noted, these Requests concern the time period from January 1, 2000 through the present. DOCUMENT REQUESTS 1. All documents that relate or refer to any disciplinary or bar admission records concerning Kenneth J. Gary, PA Attorney I.D. No. 45967. 2. All documents that relate or refer to any Continuing Legal Education ("CLE") records for Kenneth J. Gary, including but not limited to, the titles and dates of the CLE courses that he has taken and any forms that he has signed or submitted regarding his CLE courses or their completion. CERTIFICATE OF SERVICE I hereby certify that on this 16`" day of October, 2008, I caused the foregoing Petition for Letter Rogatory to be served via facsimile and U.S. First Class mail upon the following: Richard S. Julie, Esq. Braverman Kaskey, P.C. One Liberty Place, 56th Floor 1650 Market Street Philadelphia, PA 19103 Attorney for Plaintiff GPOds Bunting ? ? N ?+ ? z? tr! a ti O V` Cry T„ r ? ? 3 ? ?? :. , ? ? :x ; r? ?- r ? `.? $- -? -,c OCT 2 0 2008 4 KENNETH J. GARY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BEAZER HOMES USA, INC., NO. pg - (Dap(o C tvi 1 TiP,f'ri( Defendant. ORDER FOR LETTER ROGATORY Considering the foregoing Petition for Letter Rogatory and attached Commission: IT IS HEREBY ORDERED that a subpoena duces tecum in the form attached hereto for production of records shall be issued to the Pennsylvania Continuing Legal Education Board, 5035 Ritter Road, Suite 500, Mechanisburg, PA 17055, in Cumberland County, for the production of the requested documents within 20 days of the issuance of this subpoena. SIGNED in Carlisle, Pennsylvania, Cumberland County, this ZzAday of C aVKr , 2008. r ? KellY Dobbs Bunting, Esq. Greenberg Traurig, LLP 2700 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 /Richard Julie, Esq. Braverman Kaskey, P.C. One Liberty Place, 56th Floor 1650 Market Street Philadelphia, PA 19103 (2a r t £S en"z t LL `0 23 v? l l CI E WV tv Ij- ti N t?. ss- t-?