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HomeMy WebLinkAbout08-6980IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY MEMORIAL HEALTH a California non-profit public benefit corporation, formerly known as COMMUNITY MEMORIAL HOSPITA OF SAN BUENAVENTURA, INC., a California non-profit public benefit corporation, :In the Superior Court of the State of California :For the County of Ventura L: : Case No. 56-2008-00318654-CU-FR--VTA : [Hon. Kent Kellegrew; Dept. "44"] V. ?V- -2008 C) V BARTLETT, PRINGLE, & WOLF, LLP; : RON CAMP, an individual; PETER A. GOLDENRING, an individual; and GOLDENRING & PROSSER, a California Professional Law Corporation PETITION TO ISSUE FOREIGN SUPBPOENA COMES NOW, defendant Bartlett, Pringle & Wolf, LLP, et al, and hereby petitions this Court for a Subpoena to Produce Documents or Things for Discovery, Pursuant to Rule 4009.22 of a non-party, Custodian of Records, Horty, Springer, & Mattern, 4614 5t` Avenue, Pittsburgh, PA 15213, and In support of this petition, Petitioner states as follows: 1. Petitioner/Bartlett, Pringle & Wolf, LLP, et al is the Defendant in the above case which is currently pending in the Superior Court of the State of California for the County of Ventura at Civil Action No. 56-2008-00318654-CU-FR-- VTA. 2. On information and belief, all of the aforementioned non-parties have possession of relevant documents and information needed by Petitioner to prepare this case for trial. The Prothonotary's Office of Cumberland County, Pennsylvania has indicated that it will issue a subpoena to Custodian of Records of Horty, Springer, & Mattern, 4614 5t' Avenue, Pittsburgh, PA 15213, upon receipt of this petition and a commission from the Superior Court of the State of California for the County of Ventura requesting the issuance of such subpoena. 4. Attached is a Commission from the Superior Court of the State of California for the County of Ventura as agreed upon by counsel for the parties, as well as a copy of the foreign subpoena. WHEREFORE, Petitioner/ Bartlett, Pringle & Wolf, LLP et al, hereby requests this Court to issue the attached Subpoena to non-parties, Custodian of Records, Horty, Springer, & Mattern, 4614 5`h Avenue, Pittsburgh, PA 15213. Date: Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar numixv and address): DISC-030 Desmond J. Hinds SBN: 105831 FoRCOURTUSEONLY Hinshaw & Culbertson LLP 11601 Wilshire Blvd., 8`" Floor Los Angeles, CA 90025 TELEPHONE NO.: (310) 909-8000 FAX NO. (Optionai).: (310) 909-8001 E-MAIL ADDRESS (opt onaf) ATTORNEY FORmamai: Defendants Peter A. Goldenring and Goldenring & Prosser SUPERIOR COURT OF CALIFORNIA, COUNTY OF Ventura STREETADDRESS: 800 South Victoria Avenue MAILING ADDRESS: CITY AND ZIP CODE: Ventura, CA 93009-0001 BRANCH NAME: Ventura Hall of Justice SHORT TITLE: Community Memorial Heatlh System v. Bartlett, Pringle & Wolf et al. CASE NUMBER: COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA 56-2008-00318654-CU-FR-VTA ? ORDERED BY COURT ® ISSUED BY THE CLERK OF THE COURT 1. The Superior Court of California hereby authorizes the deposition, upon oral examination, of (identity of deponent): Custodian of Records of Horty, Springer & Mattern 2. The deposition is to be taken in (state of the United States, territory, or insular possession subject to its jurisdiction): Pittsburgh, PA 3. The deposition will be conducted (check one): a. ® Under the supervision of a person who is authorized to administer oaths by the laws of the United States or those of the place where the examination is to be held, and who is not otherwise disqualified under California Code of Civil Procedure sections 2025.320 and 2025.340(b)-(f); or b. ? Before (name of appointee): who is appointed to administer oaths and to take testimony. 4. The documents or things to be produced at the time and place of the deposition are ® described in Attachment 4 ? none. 5. Additional terms required by the foreign jurisdiction to initiate the process are contained in Attachment 5. Number of pages attached: 6. Under California Code of Civil Procedure section 2026.010, Califomia authorizes that a commission to take an out-of-state deposition may be issued by the clerk of the court or, if the foreign jurisdiction requires it, by order of the court. 7. The Superior Court of the State of California hereby requests that process issue in the above-referenced place where the examination is to be held, requiring the attendance and enforcing the obligations of the deponent to produce documents and answer questions. Date: NOV 14 7008 ? Judge OR Clerk, by 'l V. PONS Deputy Form Approved for Optional Use Pa e 1 011 Judicial Council of Ca6rorms COMMISSION TO TAKE Code Civ. Proc., g 2020.o10tf) DISC-030[New January 1, 20081 DEPOSITION OUTSIDE CALIFORNIA www'CWr9 cage Amerfan LopalNel, Inc. www.FormsWorkRowxom IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY MEMORIAL HEALTH An the Superior Court of the State of California a California non-profit public :For the County of Ventura benefit corporation, formerly known as COMMUNITY MEMORIAL HOSPITAL: OF SAN BUENAVENTURA, INC., a : Case No. 56-2008-00318654-CU-FR--VTA California non-profit public benefit : [Hon. Kent Kellegrew; Dept. "44"] corporation, v. : CP-21-CV- -2008 BARTLETT, PRINGLE, & WOLF, LLP; : RON CAMP, an individual; PETER A. GOLDENRING, an individual; and GOLDENRING & PROSSER, a California Professional Law Corporation CERTIFICATE OF SERVICE I do hereby certify that I this day served a copy of the Petition to Issue Foreign Subpoena upon the Law Firm of Hinshaw & Culbertson, LLP by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows and said Law Firm will serve a copy of the Petition and Subpoena to the other parties involved in the above captioned case: Hinshaw & Culbertson, LLP 11601 Wilshire Boulevard, 8t' Floor Los Angeles, CA 90025 Dated: /r1 5,l' Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY MEMORIAL HEALTH An the Superior Court of the State of California a California non-profit public .For the County of Ventura benefit corporation, formerly known as COMMUNITY MEMORIAL HOSPITAL: OF SAN BUENAVENTURA, INC., a California non-profit public benefit corporation, v. : Case No. 56-2008-00318654-CU-FR--VTA : [Hon. Kent Kellegrew; Dept. "44"] : CP-21-CV- -2008 BARTLETT, PRINGLE, & WOLF, LLP; : RON CAMP, an individual; PETER A. GOLDENRING, an individual; and GOLDENRING & PROSSER, a California Professional Law Corporation SUBPOENA DUCES TECUM FOR RECORDS ONLY To: Custodian of Records Horty, Springer, & Mattern 4614 5 h Avenue Pittsburgh, PA 15213 You are ordered by the court to produce the documents attached as Exhibit "A". 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 below. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Court Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by a party/attorney in compliance with Pa. R.C.P. no. 234.2(a): Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 BY THE COURT, Date: Seal of the Court By: Prothonotary Deputy ATTACHMENT 4 Community Memorial Health System, Inc., et al., vs. Bartlett, Pringle & Wolf, LLP, et al. Ventura County Superior Court Case No.: 56-2008-00318654-CU-FR-VTA RECORDS ONLY SUBPOENA - HORTY SPRINGER & MATTERN DEFINITIONS 1. The term "WRITINGS" shall be defined as in California Evidence Code § 250, to tivit,: "`WRITINGS' means handwriting, typing, printing, photostating, photographing and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols or combination thereof, and any record thereby created regardless of the manner in which the record has been stored." This definition of "WRITINGS" shall include all electronically stored information. i 2. The term "YOU" and "YOUR" shall mean Horty Springer & Mattern, and shall include its agents, employees, servants, representatives, or attorneys acting on its behalf. 3. The term "CMH" shall mean Community Memorial Health System, Inc. formerly known as Community Memorial Hospital of San Buenaventura and/or its parent, successor and predecessor entities, including but not limited to, Caduceus Medical Management, Inc. REQUESTS 1. All WRITINGS in YOUR actual or constructive possession, custody or control which constitute or reflect or evidence the terms of any financial arrangements or contracts between CMH and any physician on its medical staff (including family members) which YOU I of 4 31125378vi 884%9 33 reviewed or investigated. 2. All WRITINGS in YOUR actual or constructive possession, custody, or control, that relate, concern or pertain to an investigation or review of the financial arrangements and/or contracts between CMH and physicians on its medical staff (including family members) conducted between January 1, 1998, and December 31, 2007, including but not limited to, reports, findings, conclusions, correspondence, memorandum. 3. All WRITINGS in YOUR actual or constructive possession, custody, or control, that constitute communications, on or after February 26, 2004, between YOU, on the one hand, and Goldenring & Prosser, or its agents and representatives, on the other hand, which concern, relate or pertain to CMH including but not limited to correspondence, emails, notes, phone messages and memoranda. 4. All WRITINGS in YOUR actual or constructive possession, custody, or control, that constitute communications, on or after February 26, 2004, between YOU, on the one hand, and Healthcare Overnight, Inc. and/or James A. Kopf, or its agents and representatives, on the other hand, which concern, relate or pertain to CMH including but not limited to correspondence, emails, notes, phone messages and memoranda. 5. All WRITINGS in YOUR actual or constructive possession, custody or control which relate, concern or pertain to any Medicare compliance reviews of CMH, whether performed by YOU or others, from January 1, 1998 through December 31, 2007, including but not limited to reports, findings, summaries, correspondence, memorandum. 2 of 4 31125378v1 884969 33 6. All WRITINGS in YOUR actual or constructive possession, custody, or control, including but not limited to, engagement agreements and retainer agreements, which may be redacted of attomey-client privileged communication and/or attorney work product, from January 1, 1998 through December 31, 2007, that relate, concern or pertain to YOUR retention or engagement by CMH to perform Medicare compliance services, including but not limited to, the investigation of or compliance review of financial arrangements and/or contracts between CMH and physicians on its medical staff (including family members). 7. YOUR invoices to CMH, which may be redacted of attorney-client privilege communication and/or attorney work product, from January 1, 1988, through December 31, 2007, that relate concern or pertain to services provided by YOU to CMH for Medicare compliance, corporate compliance, including but not limited to, the investigation of or compliance review of financial arrangements and/or contracts between CMH and physicians on its medical staff (including family members). 8. All WRITINGS in YOUR actual or constructive possession, custody, or control, including but not limited to, engagement agreements and retainer agreements, which may be redacted of attomey-client privileged communication and/or attorney work product, that relate, concern or pertain to YOUR retention or engagement by CMH regarding the investigation of, disclosure of and/or the settlement of actual or potential Stark Act violations from January 1, 2004, to December 31, 2007. 9. YOUR invoices to CMH, which may be redacted of attorney-client privilege communication and/or attorney work product, that relate concern or pertain to services provided by YOU to CMH regarding the investigation of, disclosure of and/or the settlement of actual or 3 of 4 31125378v1 884969 33 potential Stark Act violations from January 1, 2004, to December 31, 2007. 10. All WRITINGS in YOUR which relate, concern or pertain to educational or training programs, seminars, presentations or materials provided by YOU to CMH which relate, concern or pertain to Medicare compliance, corporate compliance, the Stark Act, the Anti- kickback Statute, hospital-physician contracts and financial relationships. 11. All WRITINGS, including but not limited to brochures, promotional materials, and agendas, which reflect or evidence the subject matter and topics of any seminars or other educational programs sponsored by YOU (including the annual Estes Park Conference) for the years 2000-2006, which relate, eoncem or pertain to Medicare compliance, corporate compliance, the Stark Act, the Anti-kickback Statute, hospital-physician contracts and financial relationships. 12. All WRITINGS which reflect or evidence the registration or attendance of CMH representatives, including but not limited to Michael Bakst, Philip Drescher, Gary Wolfe, Gary Wilde, Michael Bradbury, Ralph Bennett, Kenneth Strople, and David Glyer, for seminars or programs sponsored by YOU (including the annual Estes Park Conference) for the years 2000- 2006, which relate, concern or pertain to Medicare compliance, corporate compliance, the Stark Act, the Anti-kickback Statute, hospital-physician contracts and financial relationship. 4of4 31125378vl 894969 33 ?? C ? C o T 77: { r l _ 01 $v TM 1?1 R"OV 2 6 200gP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY MEMORIAL HEALTH a California non-profit public benefit corporation, formerly known as COMMUNITY MEMORIAL HOSPITA OF SAN BUENAVENTURA, INC., a California non-profit public benefit corporation, v. :In the Superior Court of the State of California :For the County of Ventura L: : Case No. 56-2008-00318654-CU-FR--VTA : [Hon. Kent Kellegrew; Dept. "44"1 BARTLETT, PRINGLE, & WOLF, LLP; : RON CAMP, an individual; PETER A. GOLDENRING, an individual; and GOLDENRING & PROSSER, a California Professional Law Corporation ORDER -2008- (vq so Cavil -lerwt It being brought to the attention of the Court that issuance of an out-of-state subpoena is needed by Petitioner/Bartlett, Pringle & Wolf, LLP et al, to prepare this case for deposition, and having received the Court's Commission fain the Superior Court of the State of California for the County of Ventura, authorizing the issuance of the subpoena to Custodian of Records/ Horty, Springer, & Mattern, 4614 5th Avenue, Pittsburgh, PA 15213 for the production of documents and things as described in attached Exhibit "A" to the subpoena this Court hereby authorizes the issuance of the subpoena and requests the Prothonotary of the Cumberland County, Pennsylvania to issue By the said Subpoena. ,y ,'7 !! rc ! 11 ? ?