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Home My WebLink About11-8155IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cold Therapy: Docket No.: C-1VIITerw- In re: Shane Audette, Sr., et al., Plaintiffs V. DJO, Incorporated, et al., Defendants. nL PETITION FOR ISSUANCE OF SUBPOENA TO TAKE DEPOSITION AND NOW, comes the Petitioner, DJO, Incorporated by and through its undersigned counsel and pursuant to Pa. R. Civ. P. 234.1 et seq. and 42 Pa. C. S. §5326, request the issuance of a subpoena on the following grounds: 1. Petitioner is DJO, Incorporated, a defendant in a lawsuit filed at case number JCCP 4680, In the Superior Court of California, County of San Diego, California. 2. Petitioner, by its California Counsel will issue a Notice to take the deposition of the following person at the location indicated on December 16, 2011: Name: Mark N. Perlmutter, M.D. Location: 220 Wilson St., Suite 206 Carlisle, PA 17103 3. On October 11, 2011, a Commission was issued for the taking of this deposition. A copy of the Commission is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Petitioner requires the issuance of a subpoena by this Court to compel the attendance of the deponent as set forth above. *ga.oo Pp A-rtY 5. Attached hereto as Exhibit "B" is the proposed subpoena. ?q 31(0 #a?? 44os 71534_l.docx 2 WHEREFORE, Petitioner prays that the Court direct the issuance of a subpoena directed to the person named in paragraph two of this Petition. Dated: /D - Z-f- - If Respectfully submitted, David J. Si gley, uire PA ID No.. 50349 Dinsmore & Shohl LLP Firm No.: 732 One Oxford Centre 301 Grant Street, 28th Floor Pittsburgh, PA 15219 412-281-5000 412-281-5055 (fax) Counsel for Petitioner, DJO, Incorporated 71534_1 .docx IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cold Therapy: Docket No.: In re: Shane Audette, Sr., et al., Plaintiffs V. DJO, Incorporated, et al., Defendants. Local Counsel for Petitioner verifies that he is an attorney for the Petitioners; that he is authorized to make this verification on its behalf, and that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C. S. A. §4904 relating to unsworn falsification to authorities. Dated: / ?b - Z J-- ( ? Respectfully submitted, J David J. ingley uire PA ID o.: 50349 Dinsmore & Shohl LLP Firm No.: 732 One Oxford Centre 301 Grant Street, 28th Floor Pittsburgh, PA 15219 412-281-5000 412-281-5055 (fax) Counsel for Petitioner, DJO, Incorporated 71534_l.docx q ?. ORIGINAL lift ^? AIORN15Y R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): v?V V-VVV FOR COURT USE ONLY -Roger G. Perkins, Esq., SBN: 86617 Michael J. Hurvitz, Esq., SBN: 249050 MORRIS POLICH & PURDY, LLP 501 West Broadway, Suite 500, San Diego, CA 92101 TELEPHONE NO.: (619) 557-0404 FAX NO. (Optional): ( 619 ) 5 5 7- 0 4 6 0 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant DJO INCORPORATED and DJO LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO STREET ADDRESS: Hall of Justice MAILING ADDRESS: 330 W. Broadway CITYANDZIPCODE: San Diego, CA 92101 BRANCHNAME: Central Division SHORTTITLE: Cold Therapy: Relates to Shane Michael Audette, Sr., et al. v. DJO, Incorporated, et al. COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA CASE NUMBER: ORDERED BY COURT OX ISSUED BY THE CLERK OF THE COURT JCCP 4680 1. The Superior Court of California hereby authorizes the deposition, upon oral examination, of (identity of deponent): Dr. Mark N. Perlmutter 2. The deposition is to be taken in (state of the United States, territory, or insular possession subject to its jurisdiction): Pennsylvania 3. The deposition will be conducted (check one): a. [XI 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. 0 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 EXI 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, 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 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. --r 1 t h' Form Approved for Optional Use Judicial Council of California DISC-030 [New January 1, 2008] Date: OCT I =1 2011 0 Judge OR [] Clerk, by Deputy R, CERSOSIVIC' COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA Page 7 of 1 Code Ex r I A c? ATTACHMENT 4 Any and all documents, including but not limited to, the following: billing records and/or itemized statements of charges, all office records, inpatient and outpatient charts and records, handwritten notes, medical reports, MRI films, CT scans, x-ray records, photographs, treatment records and/or any other document contained in any files relating to the care, treatment, and examination of the plaintiff, Amy Stephen, for any and all dates. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Shane Audette, Sr., et al., Plaintiff File N vs. DJO, Incorporated, et al., Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Mark N. Perlmutter, M.D. 1. You are ordered by the court to come to 220 Wilson Street, Suite 206 at Carlisle at 10:00 (Specify Courtroom or other place) Cumberland County, Pennsylvania, on December 16, 2011 o'clock, A M,. to testify on behalf of DJO, Incorporated in the above case, and to remain until excused. And bring with you the following: See Exhibit A attached hereto. 1 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): ]dame: David J. Singley Address: Dinsmore & Shohl, One Oxford Centre, 301 Grant Street, 28th Floor Pinsburgh,PA 15219 Telephone: 412-281-5000 Supreme Court ID # 50349 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) € E, Exhibit A Any and all documents, including but not limited to, the following: billing records and/or itemized statements of charges, all office records, impatient and outpatient charts and records, handwritten notes, medical reports, MRI films, CT scans, x-ray records, photographs, treatment records and/or any other document contained in any files relating to the care, treatment, and examination of the Plaintiff, Amy Stephen for any and all dates. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cold Therapy: Docket No.: (? - $65 In re: Shane Audette, Sr., et al., Plaintiffs v DJO, Incorporated, et al., Defendants. AND NOW this 31 f 6 ORDER day of ?04e- , 2011, upon consideration of the annexed Petition for Issuance of Subpoena to Take Deposition and upon Motion. of Counsel for Petitioners, it is hereby ORDERED that the Prothonotary of Cumberland County issue a subpoena directed to the person named below, directing their attendance at a deposition to be conducted under the California Rules of Civil Procedure and to be held at the location set forth below on December 16, 2011. Name: Mark N. Perlmutter, M.D. Location: 220 Wilson Street, Suite 206 Carlisle, PA /BY COURT, Copies to: Add David J. Singley (?q Dinsmore & Shohl 11 t/if /? ,t One Oxford Centre, 28th Floor Al ?1 301 Grant Street Pittsburgh, PA 15219 is ? oeAx 71534_1 .docx