The URL can be used to link to this page

Home My WebLink About11-48204t +? ? t -c TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA VERSUS QUALITAS MANUFACTURING, INC. D/B/A/ QMI SECURITY SOLUTIONS AND WOOD PROPERTIES, LLC *********************************** FILED: * NO. /I- gjA-761 * * COURT OF COMMON PLEAS * * COUNTY OF CUMBERLAND * * STATE OF PENNSYLVANIA * * N// DEPUTY CLERK PETITION FOR LETTERS ROGATORY NOW INTO COURT, through undersigned counsel, comes defendant, Wood Properties, LLC, who respectfully requests that this Honorable Court issue Letters Rogatory for the following reasons: 1. Wood Properties LLC requires information from RITE AID HDQTRS. CORP., who is non-Louisiana corporation and not a party to the subject litigation and whose principal place of business is located at 30 Hunter Lane, Camp Hill, Pennsylvania, 17011, which is within the jurisdiction of this Court. 2. Wood Properties, LLC seeks to take the deposition of RITE AID HDQTRS. CORP. on July 11-12, 2011, beginning at 10:00 a.m. each day, at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011, pursuant to La. C.C.P. Art. 1442. 3. Per the attached Petition for Letters Rogatory executed by the Civil District Court for the Parish of Orleans in the State of Louisiana (Exhibit "I"). Wood Properties, LLC requests that this Court execute the attached Letters Rogatory directing the issuance of a subpoena (Exhibit "A-1" to Exhibit "1") compelling the deposition of RITE AID HDQTRS. CORP., on July 11- 12, 2011, beginning at 10:00 a.m. each day, at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011 and a subpoena duces tecum (Exhibit "B-1" to Exhibit "I") compelling RITE AID HDQTRS. CORP. to produce the documents set forth in the attached 1442 Deposition Notice of Rite Aid Headquarters Corporation (Exhibits "A-2" and pd. ? 95??a "B-2" to Exhibit "I") to the offices of Christovich & Kearney, LLP, 601 Poydras Street., Suite 2300, New Orleans, LA 70130 by 5:00 p.m. on or before July 1, 2011. 4. WHEREFORE, defendant, Wood Properties, LLC, prays that Letters Rogatory be issued to the appropriate authority in the Cumberland County, Pennsylvania, compelling the issuance of a subpoena to RITE AID HDQTRS. CORP., compelling its deposition on July 11-12, 2011, beginning at 10:00 a.m. each day, at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011 and a subpoena duces tecum compelling Rite Aid Corporation to produce the documents set forth in the attached deposition notice to the offices of Christovich & Kearney, LLP, 601 Poydras Street, Suite 2300, New Orleans, LA 70130 by 5:00 p.m. on or before July 1, 2011. Respectfully submitted, H. CARTER MARSHALL - LA BAR #28136 KEVIN R. TULLY - LA BAR #1627 CHRISTY L. MCMANNEN - LA BAR #31258 CHRISTOVICH & KEARNEY, LLP Suite 2300 Pan American Life Center 601 Poydras Street New Orleans, Louisiana 70130-6078 Telephone: (504) 561-5700 Attorneys for Wood Properties, LLC CERTIFICATE This is to certify that a copy of the above and foregoing has been served upon counsel of record by depositing same in the United States Mail, postage pre-paid, this U V ' day of June, 2011, at New Orleans, Louisiana. cL. MCMANNEN 2 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA VERSUS * NO. 2008-16726 * * 22ND JUDICIAL DISTRICT COURT * * PARISH OF ST. TAMMANY QUALITAS MANUFACTURING, INC. DB/A/ QMI SECURITY SOLUTIONS * STATE OF LOUISIANA AND WOOD PROPERTIES, LLC *********************************** * SICLAUDIAV. FRISBEE FILED: JUN - 2 2011 DEPUTY CLERK PETITION FOR LETTERS ROGATORY NOW INTO COURT, through undersigned counsel, comes defendant, Wood Properties, LLC, who respectfully requests that this Honorable Court issue Letters Rogatorry, pursuant to Louisiana Revised Statutes §13:3823, to the appropriate judicial authority in Cumberland County, Pennsylvania, for the following reasons: 1. Wood Properties LLC requires information from RITE AID HDQTRS. CORP., who is non-Louisiana corporation and not a party to the subject litigation and whose principal place of business is located at 30 Hunter Lane, Camp Hill, Pennsylvania, 17011, outside the State of Louisiana and the jurisdiction of this Court. 2. Wood Properties, LLC seeks to take the deposition of RITE AID HDQTRS. CORP. on July 11-12, 2011, beginning at 10:00 a.m. each day, at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011, pursuant to La. C.C.P. Art. 1442. 3. Wood Properties, LLC requests that this Court execute the attached Letters Rogatory directing the issuance of a subpoena (Exhibit "A-1") compelling the deposition of RITE AID HDQTRS. CORP., on July 11-12, 2011, beginning at 10:00 a.m. each day, at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011 and a subpoena duces tecum (Exhibit "B-1") compelling RITE AID HDQTRS. CORP. to produce the documents set forth in the attached 1442 Deposition Notice of Rite Aid Headquarters Corporation (Exhibits "A- EXHIBIT FAX FILED 2" and "B-2") to the offices of Christovich & Kearney, LLP, 601 Poydras Street., Suite 2300, New Orleans, LA 70130 by 5:00 p.m. on or before July 1, 2011. 4. WHEREFORE, defendant, Wood Properties, LLC, prays that Letters Rogatory be issued to the appropriate authority in the Cumberland County, Pennsylvania, compelling the issuance of a subpoena to RITE AID HDQTRS. CORP., compelling its deposition on July 11-12, 2011, beginning at 10:00 a.m. each day, at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011 and a subpoena duces tecum compelling Rite Aid Corporation to produce the documents set forth in the attached deposition notice to the offices of Christovich & Kearney, LLP, 601 Poydras Street, Suite 2300, New Orleans, LA 70130 by 5:00 p.m. on or before July 1, 2011. Respectfully submitted, H. CARTER MARSHALL - LA BAR #28136 KEVIN R. TULLY - LA BAR #1627 CHRISTY L. MCMANNEN - LA BAR #31258 CHRISTOVICH & KEARNEY, LLP Suite 2300 Pan American Life Center 601 Poydras Street New Orleans, Louisiana 70130-6078 Telephone: (504) 561-5700 Attorneys for Wood Properties, LLC CERTIFICATE This is to certify that a copy of the above and foregoing has been served upon counsel of record by depositing same in the United States Mail, postage pre-paid, this day of May, 2011, at New Orleans, Louisiana. L ? _ CHRISTY L. MCMANNEN UE COPY DY. CLERK 22nd JUD. DIST. COURT ST. TAMMANY PARISH, LA 2 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA VERSUS QUALITAS MANUFACTURING, INC. DB/A/ QMI SECURITY SOLUTIONS AND WOOD PROPERTIES, LLC * NO. 2008-16726 * * 22ND JUDICIAL DISTRICT COURT * * PARISH OF ST. TAMMANY * * STATE OF LOUISIANA * FILED: ?- DEPUTY CLERK LETTERS ROGATORY To: David D. Buell Prothonotary of Cumberland County State of Pennsylvania 1 Courthouse Square Suite 100 Carlisle, PA 17013 It appears to this Court that the just determination of the issues presentedn the above- captioned case requires the deposition of Rite Aid Corporation, who'!-is a anon-Louisiana corporation and whose principal place of business is located at 30 Hung Lane; Camp Hill, Pennsylvania, 17011. z v; It is therefore requested that you assist this Court in serving the interest of justice by issuing a subpoena to RITE AID HDQTRS. CORP., compelling its deposition on July 11-12, 2011, beginning at 10:00 a.m. each day, at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011 and a subpoena duces tecum compelling Rite Aid Corporation to produce the documents set forth in the attached deposition notice to the offices of Christovich & Kearney, LLP, 601 Poydras Street, Suite 2300, New Orleans, LA 70130 by 5:00 p.m. on or before July 1, 2011. This Court is ready and willing to extend the same courtesies to your Court in a similar case when required. Covington, Louisiana, this day o , 2011. JJJDGE - '`? 22ND JUDICIAL DISTRIC COURT PARISH OF ST. TAMMA E C4P FAX FILED 7- L - DY. CLERK 22nd JUD. DIST. COURT G/ 3 ST. TAMMANY PARISH, L.A r T" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Plaintiff File No. VS. QUAUTAS MANUFAC MNO, MC DWA QMI SECUIUTY SOL ONS AND WOOD MoPeanES, LLC Defendant SUBPOENA TO ATTEND AND TESTIFY 0 :: , Zoo$I 6E?, JUNO2Z TO: RITE AID HDQTRS. CORP., 30 Hunter Lane, Camp Hill, PA 17011 You are ordered by the court to come to Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill,,PA 17011 (Specify Courtroom or other place) at Cumberland County, Pennsylvania, on July 11-12,2011 at 10 o'clock, A. K. to testify on behalf of Rite Aid Hdqtrs. Corp. in the above case, and to remain until excused. 2. And bring with you the following: Ei All documents identified in the attached 1442 Deposition Notice of Rite Aid Headquarters Corporation. 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 Civil 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): Name: H. Carter Marshall Address: Christovich & Kearney, LLP, 601 Poydras St., Ste. 2300 New Orleans, LA 70130 Telephone: (504) 561-5700 Supreme Court ID # LA Bar: 28136 BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) EXHIBIT TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA VERSUS QUALITAS MANUFACTURING, INC. DB/A/ QMI SECURITY SOLUTIONS AND WOOD PROPERTIES, LLC * NO. 2008-16726 * * * * 22ND JUDICIAL DISTRICT COURT * * PARISH OF ST. TAMMANY * * * * STATE OF LOUISIANA * *********************************** * FILED: JUN - 2 2011 DEPUTY 1442 DEPOSITION NOTICE OF RITE AID HEADQUARTERS CORPORATION PLEASE TAKE NOTICE that defendant Wood Properties, LLC, will take the testimony on oral examination of RITE AID HDQTRS. CORP. before a Notary Public in and for the County of Cumberland State of Pennsylvania, on the 11th and 12th day of July, 2011 at 10:00 a.m. each day and thereafter as may be necessary to complete the taking of testimony at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011 at which time and place you are notified to appear to take part in the examination as you deem necessary. The deposition will be taken pursuant to Louisiana Code of Civil Procedure Article 1442, and defendant requests that RITE AID HDQTRS. CORP. designate one or more members, officers, directors, or managing agents or other persons who consent to testify regarding the following matters: 1. Julie A. Seals' employment with Rite Aid; 2. The accident and/or incident involving Julie A. Seals occurring on or about December 30, 2007, at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 3 4 5. 6. Any and all incident and/or accident reports concerning injury to Julie A. Seals; Any and all documents and/or reports concerning investigation into the accident involving Julie A. Seals occurring on or about December 30, 2007; Julie A. Seals' work duties while employed with Rite Aid, including her work duties at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; Training and/or instruction provided to your employees; EXHIBIT 1 7. Any and all training tapes, documents, training manuals, training materials, other papers and/or electronic material used in connection with training and/or instructing your employees from 2007 to present; 8. Your safety, operational and/or maintenance practices, policies„ procedures, guidelines, rules and/or requirements; 9. Any and all filmed, written and/or electronic safety, operational and/or maintenance practices, policies, procedures, guidelines, rules and/or requirements; 10. Any and all safety meeting reports, logs, documents, writings and/or electronic matter for the two-year period of 2007 and 2008 for Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 11. Identity, providing names, last known addresses, telephone numbers and Social Security numbers of all Rite Aid employees (former and current) who were eyewitnesses to Julie A. Seals' accident on or about December 30, 2007, at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 12. Identity, providing names, last known addresses, telephone numbers and Social Security numbers of all Rite Aid employees (former and current) who have any knowledge regarding the facts and circumstances surrounding Julie A. Seals' accident on or about December 30, 2007, at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 13. Your knowledge regarding Rite Aid vendors responsible for manufacturing storefront gates and/or shutter doors for Rite Aid; 14. Your relationship with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions; 15. Any and all contracts, agreements, purchase orders, documents, and/or other writings reflecting the relationship between you and Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions in effect for the years 2007 and 2008. 16. Any and all contracts, agreements, purchase orders, documents, and/or other writings reflecting the relationship between you and Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions in connection with work being performed in 2007 and 2008 at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 17. Your knowledge regarding any consultations, negotiations, and/or discussions with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding the sale of storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 18. Your knowledge regarding any consultations, negotiations, and/or discussions with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding the ordering and purchasing of storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 19. Any and all documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications regarding any consultations, negotiations, and/or discussions with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding ordering, purchasing, and/or manufacturing storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 20. The identities, providing names, last known addresses, telephone numbers of all persons (Rite Aid employees or otherwise) responsible for consulting and/or negotiating with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding ordering and/or purchasing storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 2 21. Your knowledge regarding the relationship between Rite Aid and Wood Properties, LLC, in 2007 and 2008 regarding the installation of the storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 22. Your knowledge regarding any verbal communications and/or written communications, including documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications between Rite Aid and Wood Properties, LLC, in 2007 and 2008 regarding the installation of the storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 23. Your policies regarding safety procedures, operational and/or maintenance practices, guidelines, rules and/or requirements concerning storefront gates at Rite Aid stores from 2005 to present; 24. Your knowledge regarding any and all accidents and/or incidents involving storefront gates and Rite Aid employees from 2000 to present; FURTHER, RITE AID HDQTRS. CORP. is requested to produce and permit inspection and copying of the following documents relating to each of the issues or topics listed as subject of the aforementioned deposition pursuant Articles 1441 and 1461 through 1463 of the Louisiana Code of Civil Procedure to the offices of Christovich & Kearney, LLP, 601 Poydras Street., Suite 2300, New Orleans, LA 70130 by 5:00 p.m. on or before July 1, 2011. For purposes of this notice, "document" means any written, recorded or graphic matter, however produced or reproduced, including data or other information stored or retrieved through the use of electronic data processing, or computerized, digital or optical scanning or other electronic imaging system, including any E-mail communication or transmission with attachments, if any, including but not limited to any letter, note, correspondence, memo, telex, invoice, contract, purchase order, estimate, report, memorandum, inter-office communication, book, pamphlet, periodical, catalog, spreadsheet, estimating sheet, specification, bid, bill, time card, work record, chart, graph, index, computer print-out, data sheet, recording, transcription thereof, and all other memorials or recordings of any conversation, meeting and conference (in person, by telephone or otherwise), which is in the possession, custody or control of Rite Aid or in the possession, custody or control of any member, agent, officer, employee, or attorney of Rite Aid. Please produce the following documents: 1. Any and all incident and/or accident reports concerning injury to Julie A. Seals; 2. Any and all documents and/or reports concerning investigation into the accident involving Julie A. Seals occurring on or about December 30, 2007; 3 3. Any and all training tapes, documents, training manuals, training materials, other papers and/or electronic material used in connection with training and/or instructing your employees from 2007 to present; 4. Any and all filmed, written and/or electronic safety, operational and/or maintenance practices, policies, procedures, guidelines, rules and/or requirements from 2007 to present; 5. Any and all safety meeting reports, logs, documents, writings and/or electronic matter for the two-year period of 2007 and 2008 for Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 6. Any and all contracts, agreements, purchase orders, documents, and/or other writings reflecting the relationship between you and Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions. 7. Any and all contracts, agreements, purchase orders, documents, and/or other writings reflecting the relationship between you and Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions in connection with work being performed in 2007 and 2008 at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 8. Any and all invoices, billing statements, proposals, work orders, documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications in 2007 and 2008 with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding the sale of storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 9. Any and all invoices, billing statements, proposals, work orders, documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications in 2007 and 2008 with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding ordering, purchasing, and/or specifications for storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 10. Any and all documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications between Rite Aid and Wood Properties, LLC, regarding the installation of the storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 11. Any and all documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications reflecting your policies regarding safety procedures, operational and/or maintenance practices, guidelines, rules and/or requirements concerning storefront gates at Rite Aid stores. 12. Any and all reports, documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications reflecting accidents and/or incidents involving storefront gates and Rite Aid employees from 2000 to present; 4 Respectfully submitted: H. CARTER MARSHALL - BAR #28136 KEVIN R. TULLY - BAR #1627 CHRISTY L. MCMANNEN - BAE #31258 CHRISTOVICH & KEARNEY, I.LP Suite 2300 Pan American Life Center 601 Poydras Street New Orleans, Louisiana 70130-6078 Telephone: (504) 561-5700 Attorneys for Wood Properties, LLC; CERTIFICATE This is to certify that a copy of the above and foregoing has been served upon counsel of record by depositing same in the United States Mail, postage pre-paid, this a6ay of May, 2011, at New Orleans, Louisiana. l? CHRISTY L. MCMANNEN MUE COPY AWL DY. CLERK 22nd JUD. DIST COURT ST. TAMMANY PARISH, LA 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Plaintiff File N vs. QUALITAS MANUFACRIRMO, INC, UWA QMI SECURITY SOLUTIONS AND WOOD PROPER S. LLC Defendant FIL,ED 2008JU-Nl 072g1s Itt OMAV. ffoEE DEPUTY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: RITE AID HDQTRS. CORP. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents identified in the attached 1442 Deposition Notice of Rite Aid Headquarters Corporation. at Christovich & Kearney, LLP, 601 Poydras St., Ste. 2300, New Orleans, LA 70130 (Address) . 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: NAME: H. Carter Marshall ADDRESS: Christovich & Kearney, LLP, 601 Poydras St., Ste. 2300 New Orleans, LA 70130 TELEPHONE: (504) 561-5700 SUPREME COURT ID # LA ear: 29136 ATTORNEY FOR: wood Properties, LLC Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy [EXHIBIT TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA VERSUS QUALITAS MANUFACTURING, INC. DB/A/ QMI SECURITY SOLUTIONS AND WOOD PROPERTIES, LLC * NO. 2008-16726 * * * * 22ND JUDICIAL DISTRICT COURT * * PARISH OF ST. TAMMANY * * * * * *********************************** * FILED: JUN -12011 STATE OF LOUISIANA SICLAUDIA V, FRISBEE DEPUTY CLERK 1442 DEPOSITION NOTICE OF RITE AID HEADQUARTERS CORPORATION PLEASE TAKE NOTICE that defendant Wood Properties, LLC, will take the testimony on oral examination of RITE AID HDQTRS. CORP. before a Notary Public in and for the County of Cumberland State of Pennsylvania, on the 11th and 12th day of July, 2011 at 10:00 a.m. each day and thereafter as may be necessary to complete the taking of testimony at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011 at which time and place you are notified to appear to take part in the examination as you deem necessary. The deposition will be taken pursuant to Louisiana Code of Civil Procedure Article 1442, and defendant requests that RITE AID HDQTRS. CORP. designate one or more members, officers, directors, or managing agents or other persons who consent to testify regarding the following matters: 1. Julie A. Seals' employment with Rite Aid; 2. The accident and/or incident involving Julie A. Seals occurring on or about December 30, 2007, at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 3 4 5. 6. Any and all incident and/or accident reports concerning injury to Julie A. Seals; Any and all documents and/or reports concerning investigation into the accident involving Julie A. Seals occurring on or about December 30, 2007; Julie A. Seals' work duties while employed with Rite Aid, including her work duties at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; Training and/or instruction provided to your employees; EXHIBIT $- 1 7. Any and all training tapes, documents, training manuals, training materials, other papers and/or electronic material used in connection with training and/or instructing your employees from 2007 to present; 8. Your safety, operational and/or maintenance practices, policies, procedures, guidelines, rules and/or requirements; 9. Any and all filmed, written and/or electronic safety, operational and/or maintenance practices, policies, procedures, guidelines, rules and/or requirements; 10. Any and all safety meeting reports, logs, documents, writings and/or electronic matter for the two-year period of 2007 and 2008 for Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 11. Identity, providing names, last known addresses, telephone numbers and Social Security numbers of all Rite Aid employees (former and current) who were eyewitnesses to Julie A. Seals' accident on or about December 30, 2007, at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 12. Identity, providing names, last known addresses, telephone numbers and Social Security numbers of all Rite Aid employees (former and current) who have any knowledge regarding the facts and circumstances surrounding Julie A. Seals' accident on or about December 30, 2007, at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 13. Your knowledge regarding Rite Aid vendors responsible for manufacturing storefront gates and/or shutter doors for Rite Aid; 14. Your relationship with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions; 15. Any and all contracts, agreements, purchase orders, documents, and/or other writings reflecting the relationship between you and Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions in effect for the years 2007 and 2008. 16. Any and all contracts, agreements, purchase orders, documents, and/or other writings reflecting the relationship between you and Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions in connection with work being performed in 2007 and 2008 at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 17. Your knowledge regarding any consultations, negotiations, and/or discussions with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding the sale of storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 18. Your knowledge regarding any consultations, negotiations, and/or discussions with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding the ordering and purchasing of storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 19. Any and all documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications regarding any consultations, negotiations, and/or discussions with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding ordering, purchasing, and/or manufacturing storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 20. The identities, providing names, last known addresses, telephone numbers of all persons (Rite Aid employees or otherwise) responsible for consulting and/or negotiating with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding ordering and/or purchasing storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 2 21. Your knowledge regarding the relationship between Rite Aid and Wood Properties, LLC, in 2007 and 2008 regarding the installation of the storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 22. Your knowledge regarding any verbal communications and/or written communications, including documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications between Rite Aid and Wood Properties, LLC, in 2007 and 2008 regarding the installation of the storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana '70460; 23. Your policies regarding safety procedures, operational and/or maintenance practices, guidelines, rules and/or requirements concerning storefront gates at Rite Aid stores from 2005 to present; 24. Your knowledge regarding any and all accidents and/or incidents involving storefront gates and Rite Aid employees from 2000 to present; FURTHER, RITE AID HDQTRS. CORP. is requested to produce and permit inspection and copying of the following documents relating to each of the issues or topics listed as subject of the aforementioned deposition pursuant Articles 1441 and 1461 through 1463 of the Louisiana Code of Civil Procedure to the offices of Christovich & Kearney, LLP, 601 Poydras Street., Suite 2300, New Orleans, LA 70130 by 5:00 p.m. on or before July 1, 2011. For purposes of this notice, "document" means any written, recorded or graphic matter, however produced or reproduced, including data or other information stored or retrieved through the use of electronic data processing, or computerized, digital or optical scanning or other electronic imaging system, including any E-mail communication or transmission with attachments, if any, including but not limited to any letter, note, correspondence, memo, telex, invoice, contract, purchase order, estimate, report, memorandum, inter-office communication, book, pamphlet, periodical, catalog, spreadsheet, estimating sheet, specification, bid, bill, time card, work record, chart, graph, index, computer print-out, data sheet, recording, transcription thereof, and all other memorials or recordings of any conversation, meeting and conference (in person, by telephone or otherwise), which is in the possession, custody or control of Rite Aid or in the possession, custody or control of any member, agent, officer, employee, or attorney of Rite ,Aid. Please produce the following documents: 1. Any and all incident and/or accident reports concerning injury to Julie A. Seals; 2. Any and all documents and/or reports concerning investigation into the accident involving Julie A. Seals occurring on or about December 30, 2007; 3 3. Any and all training tapes, documents, training manuals, training materials, other papers and/or electronic material used in connection with training and/or instructing your employees from 2007 to present; 4. Any and all filmed, written and/or electronic safety, operational and/or maintenance practices, policies, procedures, guidelines, rules and/or requirements from 2007 to present; 5. Any and all safety meeting reports, logs, documents, writings and/or electronic matter for the two-year period of 2007 and 2008 for Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 6. Any and all contracts, agreements, purchase orders, documents, and/or other writings reflecting the relationship between you and Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions. 7. Any and all contracts, agreements, purchase orders, documents, and/or other writings reflecting the relationship between you and Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions in connection with work being performed in 2007 and 2008 at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 8. Any and all invoices, billing statements, proposals, work orders, documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications in 2007 and 2008 with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding the sale of storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 9. Any and all invoices, billing statements, proposals, work orders, documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications in 2007 and 2008 with Qualitas Manufacturing, Inc., d/b/a QMI Security Solutions regarding ordering, purchasing, and/or specifications for storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 10. Any and all documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications between Rite Aid and Wood Properties, LLC, regarding the installation of the storefront gate(s) at the Rite Aid store located at 114 Gause Boulevard, Slidell, Louisiana 70460; 11. Any and all documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications reflecting your policies regarding safety procedures, operational and/or maintenance practices, guidelines, rules and/or requirements concerning storefront gates at Rite Aid stores. 12. Any and all reports, documents, correspondence, transmissions, emails, facsimiles, notes, letters, and/or other communications reflecting accidents and/or incidents involving storefront gates and Rite Aid employees from 2000 to present; 4 Respectfully submitted: C. _ H. CARTER MARSHALL - BAR #28136 KEVIN R. TULLY - BAR #1627 CHRISTY L. MCMANNEN - BAE #31258 CHRISTOVICH & KEARNEY, LLP Suite 2300 Pan American Life Center 601 Poydras Street New Orleans, Louisiana 70130-6078 Telephone: (504) 561-5700 Attorneys for Wood Properties, LLC CERTIFICATE This is to certify that a copy of the above and foregoing has been served upon counsel of record by depositing same in the United States Mail, postage pre-paid, this May of May, 2011, at New Orleans, Louisiana. CHRISTY L. MCMANNEN RUE Cop a DY. CLERK 22nd JUD. DIST. COURT ST TAMMANY PARISH, LA 5 f 1- ??ao Ci vil TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA VERSUS QUALITAS MANUFACTURING, INC. DB/A/ QMI SECURITY SOLUTIONS AND WOOD PROPERTIES, LLC * NO. 2008-16726 * * 22ND JUDICIAL DISTRICT COURT * * PARISH OF ST. TAMMANY * * STATE OF LOUISIANA * *********************************** * FILED: DEPUTY CLERK LETTERS ROGATORY AM To: David D. Buell Z -°rn Prothonotary of Cumberland County <Z o °? ?(1 State of Pennsylvania f71` C? a a,?n s x n 1 Courthouse Square Zo -- o Suite 100 Carlisle, PA 17013 -t co - It appears to this Court that the just determination of the issues presented in the above- captioned case requires the deposition of Rite Aid Corporation, who is a non-Louisiana corporation and whose principal place of business is located at 30 Hunter Lane, Camp Hill, Pennsylvania, 17011. It is therefore requested that you assist this Court in serving the interest of justice by issuing a subpoena to RITE AID HDQTRS. CORP., compelling its deposition on July 11-12, 2011, beginning at 10:00 a.m. each day, at Radisson Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011 and a subpoena duces tecum compelling Rite Aid Corporation to produce the documents set forth in the attached deposition notice to the offices of Christovich & Kearney, LLP, 601 Poydras Street, Suite 2300, New Orleans, LA 70130 by 5:00 p.m. on or before July 1, 2011. This Court is ready and willing to extend the same courtesies to your Court in a similar case when required. Carlisle, Pennsylvania, this 2? day of 011. JUD J-. tuCs(e_ O?erf r-, Chri544.1 L. Me- Ma n nen o jAd Orr ?hen(?_ ?n QK13 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff { L ` t) - 0 F F ! Ag: #yttxtr G! 4uruGrr rjt? r 60* ?joj(, ) IiWCl. Jody S Smith Y Chief Deputy °' ! 22; 1 "1 I JUN Richard W Stewart Solicitor OFr t-E OF ; ERIFF "'U 4BERLA*ND OM' " RE` NSYLVAMIA Travelers Property Casualty Company of America Case Number vs. 2011-4820 Rite Aid Headquarters Corporation SHERIFF'S RETURN OF SERVICE 06/17/2011 12:58 PM -William Cline, Corporal, who being duly sworn according to law, states that on June 17, 2011 at 1258 hours, he served a true copy of the within Petition for Letters Rogatory, Letters Rogatory and Subpoena, upon the within named defendant, to wit: Rite Aid Headquarters Corporation, by making knowr unto Christine Caruso, Paralegal for Rite Aid Headquarters Corporation at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. WILLIAM CLINE, EPUTY SHERIFF COST: $43.44 June 20, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Ic CountvS,Ae ShentP. Ieloosort. irc