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HomeMy WebLinkAbout10-0984 FILM-OFFICE COMMON PLEAS FOR OF THE CUMBERLAND COUNTY, PENNSYLVAN14010FEB --5 PM I: 49 STEPHEN CHALK and CU?I:..°`s`ky #,'(UNTY CATHIE CHALK, P614NS%',AN1A Plaintiffs, Case No.: 10 - 484 a., Vil -*rrn vs. CIVIL ACTION - AT LAW METRO CORRAL PARTNERS, LLC d/b/a GOLDEN CORRAL RESTAURANTS, Defendant. PETITION FOR LETTERS ROGATORY FOR ISSUANCE OF SUBPOENA DUCES TECUM WITHOUT DEPOSITION COMES NOW, Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, by and through its undersigned counsel, and moves that this Court issue Letters Rogatory (Exhibit "A" hereto) to any judge ortribunal having jurisdiction of civil actions in Cumberland County, Pennsylvania, that such judge ortribunal may cause HIGHMARK BLUE CROSS/BLUE SHIELD, located at 1800 Center Street, Camp Hill, PA, to produce certain documents and information for inspection and/or copying, in support thereof would show as follows: *qa.0o PQ A-M4 CK;* 4oi a4'1 P.;r* d3?3a4 HIGHMARK BLUE CROSS/BLUE SHIELD, conducts insurance business in the State of Pennsylvania, Cumberland County. Highmark is the health insurance carrier for the Plaintiff in this instant action, and is in possession of information and documents relative to the issues involved in this lawsuit. Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, desires that HIGHMARK BLUE CROSS/BLUE SHIELD, be served with a Subpoena Duces Tecum Without Deposition, compelling itto produce certain documents and/or items for inspection and/or copying relative to the Plaintiff, Stephen Chalk, for this matter. Accordingly, the issuance of Letters Rogatory is necessary to enable the Defendant to obtain the requested documents and information. The Common Pleas Court of Cumberland County, Pennsylvania has jurisdiction to process the attached civil subpoena. WHEREFORE, PREMISES CONSIDERED, the Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, requests that this Court issue Letters Rogatory to the appropriate judge or tribunal of the Common Pleas of Cumberland County, Pennsylvania, requesting in the.interest of justice and comity, that said judge or tribunal issue an Order and Subpoena by its proper and usual process commanding, HIGHMARK BLUE CROSS/BLUE SHIELD, to produce copies of certain documents and/or items for inspection and/or copying relative to the Plaintiff, Stephen Chalk, in this instant action to, Caroline A. Adams, Esq., at the law firm of Butler Pappas Weihmuller Katz Craig, LLP, 777 South Harbour Island Blvd., Suite 500, Tampa, Florida 33602. This the ?30 day of , 2009 Respectfully submitted, BUTLER PAPPAS WEIHMULLER KATZ CRAIG LLP 4? N. OZIN14?1 A af Caroline A. dams, squire Florida Bar No.: 995592 One Harbour Place, Suite 500 777 S. Harbour Island Blvd. Tampa, FL 33602 Telephone: (813) 281-1900 Facsimile: (813) 281-0900 . A CERTIFICATE OF SERVICE I Caroline A. Adams counsel for METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, do hereby certify that I have this day mailed a true and correct copy of the above foregoing pleading to: Brian J. Cabrey, Esq. Zisser Robison Brown, et al. One Independent Drive, Suite 3306 Jacksonville, FL 32202-5027 This, the day of December, 2009. &" -ZA?? ?- Caroline A. Adams, Esq. Florida Bar No.: 995592 Butler Pappas Weihmuller Katz Craig, LLP One Harbour Place, Suite 500 777 S. Harbour Island Blvd. Tampa, FL 33602 Telephone: (813) 281-1900 Facsimile: (813) 281-0900 COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN CHALK and CATHIE CHALK, Plaintiffs, vs. Case No.: CIVIL ACTION - AT LAW METRO CORRAL PARTNERS, LLC "EXHIBIT - A" d/b/a GOLDEN CORRAL RESTAURANTS, Defendant. LETTERS ROGATORY FOR ISSUANCE OF SUBPOENA To the Appropriate authority for the Common Pleas of Cumberland County, Pennsylvania: The Circuit Court of Osceola County, Florida, presents this Letters Rogatory to any judge or tribunal having jurisdiction of civil causes in Cumberland County, Pennsylvania, and requests the following: The above entitled action is pending in the Circuit Court of Osceola County, Florida, between the above-entitled parties. In an effort to discover relevant information regarding the issues of liability and damages, Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, has requested the issuance of a Subpoena Duces Tecum Without Deposition on, HIGHMARK BLUE CROSS/BLUE SHIELD, requesting the production of certain documents and/or items for inspection and/or copying relative to the Plaintiff, Stephen Chalk, in this instant action. This court has jurisdiction over the parties and the subject matter involved in this action. Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, has represented in a Petition for Letters Rogatory that the production of requested documents and information in the possession of HIGHMARK BLUE CROSS/BLUE SHIELD, domiciled within your jurisdiction, would aid in the discovery and resolution of the matters in controversy since the requested documents and information are relevant to this matter. Having granted the Defendant's Petition, this Court therefore requests that in the interest of justice and comity, you issue an Order and Subpoena by your proper and usual process which would require HIGHMARK BLUE CROSS/BLUE SHIELD, to produce all documents and information relevant to this matter to Caroline A. Adams, Esq. of the law firm of Butler Pappas Weihmuller Katz Craig, LLP, 777 South Harbour Island Blvd., Suite 500, Tampa, Florida 33602. SO ORDERED AND ADJUDGED this the day of , 2009. Circuit Court Judge IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA STEPHEN CHALK and CATHIE CHALK, Plaintiffs, Case No.: 09 CA 00904 ON vs. METRO CORRAL PARTNERS, LLC d/b/a GOLDEN CORRAL RESTAURANTS., Defendant. 1 COMMISSION TO ISSUE OUT OF STATE SUBPOENA IN THE NAME OF THE STATE OF FLORIDA: Be it known that the Clerk of the Common Pleas of Cumberland County, Pennsylvania, or other Court of competent jurisdiction, is authorized to issue a subpoena duces tecum for the production of certain documents and information related to this instant action directed to Highmark Blue Cross/Blue Shield. IN WITNESS WHEREOF, I set my hand and the seal of this Court on this day of December, 2009. MALCOM THOMPSON CLERK OF THE C U T By: cc: Caroline A. Adams, Esq. Brian J. Cabrey, Esq. • V? IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA STEPHEN CHALK and CATHIE CHALK, Plaintiffs, Case No.: 09 CA 00904 ON vs. METRO CORRAL PARTNERS, LLC d/b/a GOLDEN CORRAL RESTAURANTS, Defendant. ORDER FOR ISSUANCE OF COMMISSION FOR OUT OF STATE SUBPOENA DUCES TECUM WITHOUT DEPOSITION THIS CAUSE came on to be heard upon Defendant's Motion for Issuance of Commission for Out of State Subpoena Duces Tecum Without Deposition directed to Highmark Blue Cross/Blue Shield located in Cumberland County, Pennsylvania (the "Motion") and the Court being otherwise advised in the premises, it is ORDERED: 1. The motion is hereby GRANTED. 2. The Clerk of the Circuit Court of Osceola County, Florida shall issue forthwith a commission authorizing the Court of Common Pleas of Cumberland County, Pennsylvania, or other appropriate officer, to issue a subpoena forthe production of certain documents and information pertaining to the Plaintiff, which are relevant to this instant action, in the form, or substantially similar form , as that attached to the Motion. DONE and ORDERED, this _ day of November, 2009, in chambers at Osceola County, Florida. Original signed by; John Marshall Kest Circuit Judge, this NOV 16 2009 Honorable.J?gf? lyL ??tCircuit C `` ????`'r opies were .an Judicial Assistant cc: Caroline A. Adams, Esq. Brian J. Cabrey, Esq. COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN CHALK and CATHIE CHALK, Plaintiffs, vs. METRO CORRAL PARTNERS, LLC d/b/a GOLDEN CORRAL RESTAURANTS, Defendant. :v; t Trwt Case No.: _J0 -11B4 O CIVIL ACTION -AT LAW ORDER GRANTING PETITION FOR LETTERS ROGATORY FOR ISSUANCE OF SUBPOENA DUCES TECUM WITHOUT DEPOSITION There came to be heard on this day, the Petition of the Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, for issuance of Letters Rogatory requesting a Subpoena Duces Tecum Without Deposition, compelling certain documents and information from HIGHMARK BLUE CROSS/BLUE SHIELD, doing business in Cumberland County, Pennsylvania, and the Court having been fully advised and have found that the Defendant's request is well taken and should be approved, It is therefore, ORDERED AND ADJUDGED that Defendant's Petition for Letters Rogatory for Issuance of Subpoena Duces Tecum Without Deposition Ito HIGHMARK BLUE CROSS/BLUE SHIELD, be and is hereby approved. t0 SO ORDERED AND ADJUDGED this the !0 day of __tL 20,0 81 .01 WV Z 183,E 0102 AWQ1"Lv UC)dd *-:J)Hl iCl 30RJ'U}-QMU Co 1 es, MCIP C (£dC OF THE PPOTHo TARY COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVAN14010FEB --5 PM I: 49 STEPHEN CHALK and CATHIE CHALK, Plaintiffs, vs. CLIVII c_'U%1NTY Case No.: to - q84 a-,yi1 Nerm CIVIL ACTION - AT LAW METRO CORRAL PARTNERS, LLC d/b/a GOLDEN CORRAL RESTAURANTS, Defendant. PETITION FOR LETTERS ROGATORY FOR ISSUANCE OF SUBPOENA DUCES TECUM WITHOUT DEPOSITION COMES NOW, Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, by and through its undersigned counsel, and moves that this Court issue Letters Rogatory (Exhibit "A" hereto) to any judge ortribunal having jurisdiction of civil actions in Cumberland County, Pennsylvania, that such judge ortribunal may cause HIGHMARK BLUE CROSS/BLUE SHIELD, located at 1800 Center Street, Camp Hill, PA, to produce certain documents and information for inspection and/or copying, in support thereof would show as follows: *ga.oo PQ ATN CK;w 4oi aQ'1 HIGHMARK BLUE CROSS/BLUE SHIELD, conducts insurance business in the State of Pennsylvania, Cumberland County. Highmark is the health insurance carrier for the Plaintiff in this instant action, and is in possession of information and documents relative to the issues involved in this lawsuit. Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, desires that HIGHMARK BLUE CROSS/BLUE SHIELD, be served with a Subpoena Duces Tecum Without Deposition, compelling it to produce certain documents and/or items for inspection and/or copying relative to the Plaintiff, Stephen Chalk, for this matter. Accordingly, the issuance of Letters Rogatory is necessary to enable the Defendant to obtain the requested documents and information. The Common Pleas Court of Cumberland County, Pennsylvania has jurisdiction to process the attached civil subpoena. WHEREFORE, PREMISES CONSIDERED, the Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, requests that this Court issue Letters Rogatory to the appropriate judge or tribunal of the Common Pleas of Cumberland County, Pennsylvania, requesting in the .interest of justice and comity, that said judge or tribunal issue an Order and Subpoena by its proper and usual process commanding, HIGHMARK BLUE CROSS/BLUE SHIELD, to produce copies of certain documents and/or items for inspection and/or copying relative to the Plaintiff, Stephen Chalk, in this instant action to, Caroline A. Adams, Esq., at the law firm of Butler Pappas Weihmuller Katz Craig, LLP, 777 South Harbour Island Blvd., Suite 500, Tampa, Florida 33602. This the day of , 2009 Respectfully submitted, BUTLER PAPPAS WEIHMULLER KATZ CRAIG LLP Caroline A. Maims", squire Florida Bar No.: 995592 One Harbour Place, Suite 500 777 S. Harbour Island Blvd. Tampa, FL 33602 Telephone: (813) 281-1900 Facsimile: (813) 281-0900 CERTIFICATE OF SERVICE I Caroline A. Adams counsel for METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, do hereby certify that I have this day mailed a true and correct copy of the above foregoing pleading to: Brian J. Cabrey, Esq. Zisser Robison Brown, et al. One Independent Drive, Suite 3306 Jacksonville, FL 32202-5027 This, the day of December, 2009. ?l Caroline A. Adams, Esq. Florida Bar No.: 995592 Butler Pappas Weihmuller Katz Craig, LLP One Harbour Place, Suite 500 777 S. Harbour Island Blvd. Tampa, FL 33602 Telephone: (813) 281-1900 Facsimile: (813) 281-0900 COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN CHALK and CATHIE CHALK, Plaintiffs, vs. Case No.: CIVIL ACTION - AT LAW METRO CORRAL PARTNERS, LLC "EXHIBIT - A" d/b/a GOLDEN CORRAL RESTAURANTS, Defendant. LETTERS ROGATORY FOR ISSUANCE OF SUBPOENA To the Appropriate authority for the Common Pleas of Cumberland County, Pennsylvania: The Circuit Court of Osceola County, Florida, presents this Letters Rogatory to any judge or tribunal having jurisdiction of civil causes in Cumberland County, Pennsylvania, and requests the following: The above entitled action is pending in the Circuit Court of Osceola County, Florida, between the above-entitled parties. In an effort to discover relevant information regarding the issues of liability and damages, Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, has requested the issuance of a Subpoena Duces Tecum Without Deposition on, HIGHMARK BLUE CROSS/BLUE SHIELD, requesting the production of certain documents and/or items for inspection and/or copying relative to the Plaintiff, Stephen Chalk, in this instant action. This court has jurisdiction over the parties and the subject matter involved in this action. Defendant, METRO CORRAL PARTNERS, LLC, d/b/a GOLDEN CORRAL RESTAURANTS, has represented in a Petition for Letters Rogatory that the production of requested documents and information in the possession of HIGHMARK BLUE CROSS/BLUE SHIELD, domiciled within your jurisdiction, would aid in the discovery and resolution of the matters in controversy since the requested documents and information are relevant to this matter. Having granted the Defendant's Petition, this Court therefore requests that in the interest of justice and comity, you issue an Order and Subpoena by your proper and usual process which would require HIGHMARK BLUE CROSS/BLUE SHIELD, to produce all documents and information relevant to this matter to Caroline A. Adams, Esq. of the law firm of Butler Pappas Weihmuller Katz Craig, LLP, 777 South Harbour Island Blvd., Suite 500, Tampa, Florida 33602. SO ORDERED AND ADJUDGED this the day of , 2009. Circuit Court Judge IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA STEPHEN CHALK and CATHIE CHALK, Plaintiffs, vs. METRO CORRAL PARTNERS, LLC d/b/a GOLDEN CORRAL RESTAURANTS., Defendant. Case No.: 09 CA 00904 ON COMMISSION TO ISSUE OUT OF STATE SUBPOENA IN THE NAME OF THE STATE OF FLORIDA: Be it known that the Clerk of the Common Pleas of Cumberland County, Pennsylvania, or other Court of competent jurisdiction, is authorized to issue a subpoena duces tecum for the production of certain documents and information related to this instant action directed to Highmark Blue Cross/Blue Shield. IN WITNESS WHEREOF, I set my hand and the seal of this Court on this day of December, 2009. MALCOM THOMPSON CLERK OF THE C U T By: cc: Caroline A. Adams, Esq. Brian J. Cabrey, Esq. IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA STEPHEN CHALK and CATHIE CHALK, Plaintiffs, vs. METRO CORRAL PARTNERS, LLC d/b/a GOLDEN CORRAL RESTAURANTS, Defendant. Case No.: 09 CA 00904 ON ORDER FOR ISSUANCE OF COMMISSION FOR OUT OF STATE SUBPOENA DUCES TECUM WITHOUT DEPOSITION THIS CAUSE came on to be heard upon Defendant's Motion for Issuance of Commission for Out of State Subpoena Duces Tecum Without Deposition directed to Highmark Blue Cross/Blue Shield located in Cumberland County, Pennsylvania (the "Motion") and the Court being otherwise advised in the premises, it is ORDERED: 1. The motion is hereby GRANTED. 2. The Clerk of the Circuit Court of Osceola County, Florida shall issue forthwith a commission authorizing the Court of Common Pleas of Cumberland County, Pennsylvania, or other appropriate officer, to issue a subpoena forthe production of certain documents and information pertaining to the Plaintiff, which are relevant to this instant action, in the form, or substantially similar form , as that attached to the Motion. DONE and ORDERED, this Osceola County, Florida. day of November, 2009, in chambers at Original signed by: John MarsAalf Kest Circuit Judge, this NOV 16 2009 Honorable ?Jc?t? AgAopies were Circuit CQij @y Judicial Assistant cc: Caroline A. Adams, Esq. Brian J. Cabrey, Esq.