HomeMy WebLinkAbout11-2790HERMAN & LYDIA
CONTRERAS, et al.,
Plaintiff
:In The Superior Court of the State of California
:For the County of Los Angeles r:
:Case No. BC - 428494
A. : [Hon. John A. Clarke]
ADVOCATE MINES LTD, et al.,
Defendant :CP-21-CV- -2011
PETITION TO ISSUE FOREIGN SUBPOENA
COMES NOW, defendant Ameron International Corporation 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, The Person Most Knowledgeable, Rhone-
Poulenc Base Chemicals Co. as successor-in-interest to Stauffer Chemical Company, 100
Pine Street, Harrisburg, PA 17110, and in support of this petition states as follows:
1. Petitioner/Ameron International Corporation 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 Los Angeles at Civil Action No. BC-428494
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.
3. The Prothonotary's Office of Cumberland County, Pennsylvania has indicated
that it will issue a subpoena to The Person Most Knowledgeable, Rhone-
Poulenc Base Chemicals Co. as successor-in-interest to Stauffer Chemical
Company, 100 Pine Street, Harrisburg, PA 17110, upon receipt of this petition
and a commission from the Superior Court of the State of California for the
County of Los Angeles requesting the issuance of such subpoena.
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4. Attached is a Commission from the Superior Court of the State of California
for the County of Los Angeles as agreed upon by counsel for the parties, as
well as a copy of the foreign subpoena.
WHEREFORE, Petitioner/Ameron International Corporation et al, hereby
requests this Court to issue the attached Subpoena to non-parties, The Person
Most Knowledgeable, Rhone-Poulenc Base Chemicals Co. as successor-in-
interest to Stauffer Chemical Company, 100 Pine Street, Harrisburg, PA 17110.
Date:fth I
Respectfully Submitted,
ROMINGER & ASSOCIATES
e
Karl,: Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant
I 'ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Si,,. sarnumber, and address):
r3300 eith M. Ameele, Esq. SBN # 221927
uzanna L. Minasian, Esq. SBN # 245556
oley & Mansfield, PLLP
South Grand Avenue, Suite 2800
TELEPHONE NO - (213) 283-2100 FAX NO. (Optional): (213) 283-2101
E-MAIL ADDRESS (Optional): sminaslan@foleymansfleld.com
ATTORNEY FOR (Name): Ameron International Corporation
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles
STREETADDRESS: 111 N. Hill Street
MAILINGADDRESS: 111 N. Hill Street
CITYANDZIPCODE Los Angeles, CA 90012
BRANCH NAME: CentrA l T)i Q+--, -+
SHORTTITLE: Lydia Contreras, et al. V. Advocate
Mines LTD, et al.
COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA
0 ORDERED BY COURT = ISSUED BY THE CLERK OF THE COURT
CASE NUMBER:
BC 428494
FOR COURT USE ONL Y
1. The Superior Court of California hereby authorizes the deposition, upon oral examination, of (identity of deponent):
The Custodian of Records and Person Most Knowledgeable Of Rhone-Poulenc Basic
Chemicals Co., as successor-in-interest of Stauffer Chemical Company
2. The deposition is to be taken in (state of the United States, territory, or insular possession subject to its jurisdiction):
Pennsylvania
DISC-030
3. The deposition will be conducted (check one):
a. 0 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 field, 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 depsotion are
FX7 described in Attachment 4 0 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, California 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 t q,4 pros ess issue in the above-referenced place where the
examination is to be held, requiring the attenda'I and ertfisg•#ie obljgations of the deponent to produce documents and
answer questions.
/ OM $ d !?A
Date:
Judge
JOHN As'
_ OR
Clerk, by uty
Form Approved for Optional Use
Judicial Council of California COMMISSION TO TAKE ?? page t or t
DISC-030 [New January 1, 2008) DEPOSITION OUTSIDE CALIFORNIA SO11,?gs* Code Civ. Prot., § 2028.010(1)
SUBP-020
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Keith M. Ameele, Esq. SBN # 221927
Suzanna L. Minasian, Esq. SBN # 245556
Foley & Mansfield, PLLP
300 South Grand Avenue, Suite 2800
Los Angeles, CA 90071
TELEPHONE NO.: (213) 283-2100 FAX NO. (Opbonan: (213) 283-2101
E-MAIL ADDRESS(OpNonal): sminasian@foleymansfield.com
ATTORNEY FOR (Name): Ameron International Corporation
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles
STREETADDRESS: 111 N. Hill Street
MAILING ADDRESS: 111 N. Hill Street
CITYANDZIPCODE: Los Angeles, CA 90012
BRANCHNAME: Central District
PLAINTIFFIPETITIONER:Herman Contreras and Lydia Contreras
DEFENDANTlRESPONDENT:Advocate Mines LTD, et al.,
DEPOSITION SUBPOENA E NUMBER:
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 428 494
FB
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address and telaghnne number of deponent, if known):
. as successor-in-
nterest to Stauffer Chemical Company_, 100 Pine St., Harrisburg, PA 17108
. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS In this action at the following date, time, and place:
Date: March 16, 2011 Time: 2: 00 p.m. Address: Geiger & Loria Reporting service
2408 Park Drive,Suite B,Harrisburg, PA 17110
a. F-1 As a deponent who is not a natural person, you are ordered to designate one or more Dersons to testifv on vour behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025.230.)
b. 0 You are ordered to produce the documents and things described in item 3.
c. 0 This deposition will be recorded stenographically through the instant visual display of testimony
and by x0 audiotape 0 videotape.
d. 0 This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance
with this subpoena.
3. The documents and things to be produced and any testing or sampling being sought are described as follows: See
Attachment 3
Continued on Attachment 3.
4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
as follows:
= Continued on Attachment 4.
5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition, later they are
transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled
to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition,
either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an
individual, the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the
county of the court where the action is pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section
2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: '
(SIGNATURE OF PERSON ISSUING SUBPOENA)
Keith M. Ameele, Esq. SBN # 221927
(TYPE OR PRINT NAME) (Proof of service on reverse) (TITLE) Page I of 2
Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Code of Civil Procedure §$ 2020.510,
Judicial Council of California 2025.220, 2025.230, 2025.250, 2025.620;
SUBP-020 [Rev. January t, 20091 AND PRODUCTION OF DOCUMENTS AND THINGS SO u ? ns. Government Code, g 68097.1
Isk
SUBP-02(
PLAINTIFF/PETITIONER: Herman Contreras and Lydia CASE NUMBER:
Contreras
DEFENDANT/RESPONDENT: Advocate Mines LTD, et al., BC 428494
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
1. 1 served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a
copy to the person served as follows:
a. Person served (name):
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e
Witness fees and mileage both ways (check one):
(1) were paid. Amount: .......... .. $ _
(2) were not paid.
(3) 0 were tendered to the witness's
public entity employer as
required by Government Code
section 68097.2. The amount
tendered was (specify):...... .. $ _
f. Fee for service: ..................... .. $
2. 1 received this subpoena for service on (date):
3. Person serving:
a. 0 Not a registered California process server
b. California sheriff or marshal
c. Registered California process server
d. Employee or independent contractor of a registered California process server
e. 0 Exempt from registration under Business and Professions Code section 22350(b)
f. 0 Registered professional photocopier
g. 0 Exempt from registration under Business and Professions Code section 22451
h. Name, address, telephone number, and, if applicable, county of registration and number:
declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date:
(SIGNATURE)
(SIGNATURE)
SUBP-020 [Rev. January 1, zoos) PROOF OF SERVICE
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
(For California sheriff or marshal use only)
I certify that the foregoing is true and correct.
Date:
Pape 2 of 2
ATTACHMENT 3
DEFINITIONS
1. "YOU" or "YOUR" shall be defined as Rhone-Poulenc Basic Chemicals Co. (as
Successor-in-Interest to Stauffer Chemical Company ("STAUFFER")) and shall include
information given to Stauffer by any municipal agency charged with workplace safety
responsibilities.
2. "ASBESTOS" and "ASBESTOS-CONTAINING" shall refer to any matter, substance, or
material containing asbestos fibers.
3. ,ASBESTOS-CONTAINING PRODUCTS" shall be defined as any substances, matters,
products or materials, including but not limited to pipe covering, cement, block, gaskets,
packing, raw fibers, fireproofing, shingles, panels, sheets, boards, millboard, refractory
cement, firebrick, prepared, assembled or fabricated in any way for sale or distribution
that contained any kind of ASBESTOS in any possible form.
4. "HAZARDS OF ASBESTOS" shall be defined as and as related to any dangerous
condition, injury, effect, damage, scarring, wound, impairment or disability of any part of
the human anatomy, including but not limited to the lungs and lung lining, that is caused
by or associated with exposure to ASBESTOS.
5. "DOCUMENT" and "DOCUMENTS" shall be defined as handwriting, typewriting,
printing, photocopying, 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 combinations thereof. As defined in Evidence Code
section 250, these words refer to all such materials, however produced or reproduced, in
your actual or constructive possession, custody, care or control, and include, but are not
limited to, originals, copies, non-identical copies, and preliminary, intermediate, and final
drafts of all writings.
6. "EMPLOYEE(S)" shall be defined as any EMPLOYEE(S) of , as well as any person(s)
acting under YOUR control, direction, or agent, including but not limited to independent
contractors, outside agents, other governmental EMPLOYEES or persons at YOUR
direction or under YOUR control, or any other persons who has access or control to these
DOCUMENTS.
INFORMATION AND DOCUMENTS SOUGHT
1. Information and DOCUMENTS pertaining to training programs for YOUR
EMPLOYEES, including insulators, used by YOU for the time period of 1975 - 1983
regarding the HAZARDS OF ASBESTOS.
2. Information and DOCUMENTS, including but not limited to, written training materials
used by YOU for the time period 1975 - 1983 regarding the HAZARDS OF
ASBESTOS.
3. Information and DOCUMENTS pertaining to programs implemented by YOU for the
time period of 1975 - 1983 to ensure compliance at worksites with the health and safety
requirements of the Occupational Health and Safety Act.
4. Information and DOCUMENTS pertaining to programs implemented by YOU for the
time period of 1975 - 1983 to ensure compliance at worksites with the health and safety
requirements of the General Industrial Safety Orders of the State of California, with
particular reference to those pertaining to the HAZARDS OF ASBESTOS.
5. Information and DOCUMENTS pertaining to participation by YOU in investigations of
the HAZARDS OF ASBESTOS during the time period of 1975 -1983.
6. Information and DOCUMENTS distributed by YOU during the time period of 1975 to
the present to YOUR EMPLOYEES, including insulators, or former EMPLOYEES,
including former insulators, in any way relating to the HAZARDS OF ASBESTOS.
7. Information and DOCUMENTS pertaining to decedent, Herman Contreras, including but
not limited to documents discussing any information he received regarding the
HAZARDS OF ASBESTOS and or safe work procedure and procedures with or around
ASBESTOS CONTAINING PRODUCTS.
8. Information and DOCUMENTS reflecting any warnings that YOU provided to anyone
about the HAZARDS OF ASBESTOS.
9. Information and DOCUMENTS that identify YOUR EMPLOYEES or agents responsible
for the health and safety of YOUR EMPLOYEES from 1975-1983.
10. Information and DOCUMENTS concerning ASBESTOS-related workers' compensation
claims filed by YOUR EMPLOYEES.
11. Information and DOCUMENTS concerning YOUR membership in or affiliation with any
of the following: National Safety Council, Industrial Hygiene Foundation, Asbestos
Textile Institute, Asbestos Information Association of North America, and the Asbestos
Information Association.
12. Information and DOCUMENTS pertaining to YOUR medical program(s) for
EMPLOYEES exposed to ASBESTOS, between 1975 - 1983, including information
pertaining to X-rays and pulmonary function tests.
13. Information and DOCUMENTS pertaining to safety procedures regarding the use of
thermal insulation, insulation, thermal pipe insulation, gaskets, valve packing, pumps,
floor tile, wall board, drywall aka sheetrock, drywall tape and mud, fireproofing
materials, cement pipe, ASBESTOS-CONTAINING cement pipe, transite pipe, and any
ASBESTOS-CONTAINING PRODUCTS and/or ASBESTOS-CONTAINING materials
issued by YOU to YOUR EMPLOYEES, including insulators, between 1975 -1983.
14. Information and DOCUMENTS that identify EMPLOYEES responsible for the health
and safety of YOUR EMPLOYEES including but not limited to insulators from 1975 -
1983.
15. Any and all documents evidencing STAUFFER's knowledge of the HAZARDS OF
ASBESTOS and specifically when STAUFFER knew that ASBESTOS could cause
asbestosis, lung cancer and mesothelioma, and how YOU learned of same.
16. Any and all DOCUMENTS evidencing consultations and advice sought and/or received
by STAUFFER pertaining to health HAZARDS OF ASBESTOS, including but not
limited to participation in or funding of any studies conducted of its membership.
17. Any and all DOCUMENTS evidencing STAUFFER's subscription to any medical or
scientific journals that discussed the HAZARDS OF ASBESTOS including the Asbestos
Workers Journal.
18. Any and all DOCUMENTS evidencing STAUFFER's publications, notices, journals,
bulletins, and other written communication to its EMPLOYEES regarding ASBESTOS.
19. Any and all DOCUMENTS referring to Dr. Irving Selikoff's studies or articles
pertaining/related to the HAZARDS OF ASBESTOS exposure.
20. Any and all DOCUMENTS evidencing OSHA or CAL OSHA citations or violations
issued to STAUFFER.
2
21. Any and all DOCUMENTS evidencing any publicity of STAUFFER including, but not
limited to, newspaper articles, clippings and/or stories referring to or related to work
place hazards, including those arising from asbestos exposure.
S
IN THCOURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HERMAN & LYDIA
CONTRERAS, et al.,
Plaintiff
V.
ADVOCATE MINES LTD,
Defendant
It being brought to the
subpoena is needed by
case for deposition, and
Court of the State of
of the subpoena to The
Co. as successor-in-interest
Harrisburg, PA 17110 for
attached Exhibit "A" to the
subpoena and requests the
said Subpoena.
,/
W rl CR mi nger,
:In The Superior Court of the State of California
:For the County of Los Angeles
:Case No. BC - 428494
: [Hon. John A. Clarke]
A al.,
:CP-21-CV- -2011 '"?7?iU1l?
ORDER
attention of the Court that issuance of an out-of-state
;r/Ameron International Corporation et al, to prepare this
received the Court's Commission from the Superior
for the County of Los Angeles, authorizing the issuance
Most Knowledgeable, Rhone-Poulenc Base Chemicals
Stauffer Chemical Company, 100 Pine Street,
production of documents and things as described in
this Court hereby authorizes the issuance of the
of the Cumberland County, Pennsylvania to issue
By the Court-
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HERMAN & LYDIA An The Superior Court of the State C N
of Cal' -Vn
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CONTRERAS, et al., :For the County of Los Angeles rrnm ??
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Plaintiff F-°
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:Case No. BC - 428494 .
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V. : [Hon. John A. Clarke] co a
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ADVOCATE MINES LTD, et al.,
Defendant :CP-21-CV- 2011- 2790 Civil N
ORDER
It being brought to the attention of the Court that a re-issuance of an out-of-state
subpoena is needed by Defendant/Ameron International Corporation et al, to prepare this
case for deposition, and having received the Court's Commission from the Superior
Court of the State of California for the County of Los Angeles, authorizing the issuance
of the subpoena to The Person Most Knowledgable, Rhone-Poulenc Base Chemicals
Co. as successor-in-interest to Stauffer Chemical Company, 100 Pine Street,
Harrisburg, PA 17110 for the production of documents and things as described in
attached Exhibit "A" to the subpoena this Court hereby authorizes the re-issuance of the
subpoena and requests the Prothonotary of the Cumberland County, Pennsylvania to re-
issue said Subpoena to April 26, 2011 at 2:00p.m. at Geiger & Loria Reporting
Services, 2408 Park Drive, Suite B, Harrisburg, PA 17110.
By the Court '
J` I
/Distribution: erCL 12-
Karl E. Rominger?
155 South Hanover Street COPS • , „1
Carlisle, PA 17013 M 0111
3? 0
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HERMAN & LYDIA
CONTRERAS, et al.,
Plaintiff
V.
ADVOCATE MINES LTD, et al.,
Defendant
:In The Superior Court of the State of California
:For the County of Los Angeles
:Case No. BC - 428494
[Hon. John A. Clarke] -',
rra
co
:CP-21-CV- 2011- 2790 Civil " ==
PLEADING FOR NEW SUBPOENA DATE =
AND NOW COMES, Defendant Ameron International Corporation et al, and
hereby petitions this Court to issue a new Subpoena Date.
1. An Order for an out-of-state subpoena was issued by the Honorable Albert
Masland on March 9, 2011.
2. The initial deposition was to take place on March 16, 2011 at 2:00p.m. at Geiger
& Loria Reporting Services, 2408 Park Drive, Suite B, Harrisburg, PA 17110.
3. By the time the subpoena was approved, it was too late to serve the subpoena to
the opposing non-party.
4. For fairness purposes and to preserve time for processing and service, Defendant
asks this Court to re-issue the out-of-state subpoena to April 26, 2011 at the same
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time and location.
WHEREFORE, Defendant Ameron International Corporation et al, hereby requests
this Court to re-issue the out-of-state subpoena to non-parties, The Person Most
Knowledgeable, Rhone-Poulenc Base Chemical Co. as successor-in-interest to Stauffer
Chemical Company, 100 Pine Street, Harrisburg, PA 17110.
Date:
Respectfully Submitted,
ROMINGER & ASSOCIATES
Karl ominger, Esquire
155 outh Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924