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Home My WebLink About12-1669V P' iLED-OFFICL a 1I" PROTHONOTARY l 12 MAR 15 Fri I: 55 'UMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA RODNEY BRILL, Plaintiff, V. COUNTY OF CUMBERLAND Case No. 1c3- I &b9 UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation, Defendant. UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation, Third-Party Plaintiff, V. MIDWEST RAILCAR CORPORATION, an Illinois Corporation and DYNO NOBEL INC., a Delaware corporation, Third-Party Defendant. Multnomah County Circuit Court Case No. 1102-02648 PETITION AND ORDER FOR LETTERS ROGATORY Defendant/third party plaintiff UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation, petitions the Commonwealth of Pennsylvania, County of Cumberland for an Order to issue Letters Rogatory regarding issuance of a subpoena to produce documents or things for discovery pursuant to Rule 4009.22 in the State of Pennsylvania to Highmark Blue Cross Blue Shield. Said Petition is based on the Page 1 - PETITION AND ORDER FOR LETTERS ROGATORY 1464258 a? IQ3.?s ?d a Cosgrove Vergear Koster LLP Attorneys n L ! J r ebb SW FiRh Avenue, Suits 500 Portland, Oregon 97204 Telephone: (503) 323.9000 Facsimile: (503) 323-9019 original Commission to Take Foreign Deposition issued by the Trial Court Clerk of the Multnomah County Circuit Court in matter number 1102-02648 attached hereto, and the following affidavit. DATED this 13th day of March, 2012. COSGRAVEYERGEER KESTER LLP yienn W. KOples, Utib NO. U139/5 Telephone: 503-323-9000 Fax: (503) 323-9019 E-mail: grobles@cosgravelaw.com Of Attorneys for Defendant/Third Party Plaintiff Union Pacific Railroad Trial Attorney: Timothy J. Coleman, OSB No. 841970 STATE OF OREGON ) ) ss. County of Multnomah ) I, Glenn W. Robles, attorney for defendant/third party plaintiff UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation, being first duly sworn, depose and say that it is necessary in the above-entitled case to issue a subpoena to persons with knowledge of certain medical and insurance records, and related correspondence and documentation relating to plaintiff RODNEY BRIL4an ated by the following entities in the state of Pennsylvania: Highmark BI I n W. Robles, OSB #013975 SWORN AND SUBSCRIBED t fore me this 13th day of March, 2012. L CAROL WAGONER 19- NoTARYPusuc-OREGON coMMssoNo.426289 Notary Public for Ore n NyCOMMlSSMEVIRESMAY3,2012 Commission Expires: 5/3/12 Page 2 - PETITION AND ORDER FOR LETTERS ROGATORY 1464258 Cosgrove Vergeer Koster LLP Attorneys 555 SW Fifth Avenue, 3uite $00 Portland, Oregon 97204 Telephone: (503) 323-9000 Facsimile: (503) 323-9019 ORDER IT IS SO ORDERED that the requested Petition for Letters Rogatory be issued and shall be effective for 60 days from the date of execution. DATED this day of , 2012. Page 3 - PETITION AND ORDER FOR LETTERS ROGATORY 1464258 Cosgrove Vergeer Koster LLP Attorneys 899 SW Fifth Menue, Suite $00 Portland, Oregon 97204 Telephone: (503) 323-9000 Facsimile: (503) 323-9019 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing PETITION AND ORDER FOR LETTERS ROGATORY on the date indicated below by: ® mail with postage prepaid, deposited in the US mail at Portland, Oregon, ? hand delivery, ? facsimile transmission, ? overnight delivery, ? email. If served by facsimile transmission, attached to this certificate is the printed confirmation of receipt of the document(s) generated by the transmitting machine. I further certify that said copy was placed in a sealed envelope delivered as indicated above and addressed to said attorney(s) at the address(es) listed below: Paul Bovarnick Rose Senders & Bovarnick, LLC 1205 N.W. 25th Avenue Portland, OR 97210 Of Attorneys for Plaintiff Rodney Brill Donald S. Britt The Britt Gilbert Law Group 770 L Street, Suite 950 Sacramento, CA 95814 Of Attorneys for Plaintiff Rodney Brill L. Erickson Walker - via US Mail Gordon & Rees LLP 121 SW Morrison Street, Suite 1575 Portland, OR 97204 Of Attorneys for Third-Party Defendants Dyno o el nc. & Midwest Rail DATED: March 13, 2012 Glenn W. Robles Page 1 - CERTIFICATE OF SERVICE 1464258 Cosgrove Vergear Koster LLP Attorneys 9k SW FM Avenue, Suits 600 Portland, Oregon 97204 Telephone: (607) 727-9000 Facsimile: (607) 727-9019 =I-EO-O f• ICE ROTHONOW20 MAP 15 PM I * 55 P? NYL?Y NYANA IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH Cl?t? RODNEY BRILL, V. Plaintiff, 14- 1 UU1 Case No. 1102-02648 COMMISSION TO TAKE FOREIGN DEPOSITION UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation, Defendant. UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation, Third-Party Plaintiff, V. MIDWEST RAILCAR CORPORATION, an Illinois Corporation and DYNO NOBEL INC., a Delaware corporation, Third-Party Defendants. Pursuant to ORCP 38, by order of the above-entitled court made on application of defendant/third party plaintiff Union Pacific Railroad Company in the above-captioned case, you are hereby appointed, commissioned and authorized to issue a Subpoena Duces Tecum to: • Highmark Blue Cross Blue Shield You are authorized pursuant to that order to administer an oath to representatives of the above facility and to take their depositions on oral examination, and/or request copies of their records. You are further authorized and directed to cause Page 1 - COMMISSION TO TAKE FOREIGN DEPOSITION 1444034 Cosgraw Vergeer Koster LLP Atl-ys 999 SW FHth Awnw, Suit $00 Portland, Oregon 97201 Telephone: (503) 323-9000 Facsimile: (503) 323-9019 the examination of the witnesses to be recorded and to certify that the witnesses were duly sworn and that the deposition transcripts are a true record of the witnesses' testimony, and if for records, you are further authorized and directed to cause the custodians of records to swear by affidavit that the copies are true. DATED: Submitted by: FEB 2 12012. Tri \10uh C eck Nicholas E. Wheeler, OSB No. 044491 Cosgrave Vergeer Kester LLP 888 S.W. Fifth Avenue, Suite 500 Portland, OR 97204 Of Attorneys for Defendant/Third Party Defendant Union Pacific Railroad Page 2 - COMMISSION TO TAKE FOREIGN DEPOSITION 1444034 Cosgraw Verpeer Kester LLP Attorneys 999 904 Filth Awnw, Sulte 500 Porllend, Orsyon 97204 Telephone: (903) 323-9000 Facsimile: (503) 323-9019 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing COMMISSION TO ISSUE OUT-OF-STATE SUBPOENA on the date indicated below by: ® mail with postage prepaid, deposited in the US mail at Portland, Oregon, ? hand delivery, ® facsimile transmission, ? overnight delivery, ? email. I further certify that said copy was placed in a sealed envelope delivered as indicated above and addressed to said attorney(s) at the address(es) listed below: Paul Bovarnick Rose Senders & Bovarnick, LLC 1205 N.W. 25th Avenue Portland, OR 97210 Of Attorneys for Plaintiff Rodney Brill Donald S. Britt The Britt Gilbert Law Group 770 L Street, Suite 950 Sacramento, CA 95814 Of Attorneys for Plaintiff Rodney Brill L. Erickson Walker - via US Mail Gordon & Rees LLP 121 SW Morrison Street, Suite 1575 Portland, OR 97204 Of Attorneys for Third-Party Defendants Dyno Nobel Inc. & Midwest Rail DATED: February 21, 2012. Nicholas E. Wheeler Page 3 - COMMISSION TO TAKE FOREIGN DEPOSITION 1444034 Cosyravs Vsrg"r K"tsr LLP Attom ys 994 SW FM Awnw, Suits 900 Portland, Orapon 97204 Telephone: (902) 227-9000 Facslm0a: (903) 323-9019 ORDER IT IS SO ORDERED that the requested Petition for Letters Rogatory be issued and shall be effective for 60 days Vrothe date of execution. DATED this 20 day of 2012. Commo R 61en n O I' owes, &q-.. nick n; o20I 14 q r bm d s . B*. Esq. ? l.. Erickson Weaker' 3 ?°'?. *Subpoena Judge Page 3 - PETITION AND ORDER FOR LETTERS ROGATORY -y G r.- .. ?m C' D C --ff ] C"? y ' mac ' C-., .y r Ar.. Q Y A Q .. =' r-n L? 1464258 Cosgraw Vergeer Kesler LLP Attorneys 999 SW Fifth Avenue, Suite 600 po,Nand, Oregon 97204 Telephone: 1603) 323-9000 Facsimile: 1503) 323-9019 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing PETITION AND ORDER FOR LETTERS ROGATORY on the date indicated below by: ® mail with postage prepaid, deposited in the US mail at Portland, Oregon, F] hand delivery, E j facsimile transmission, E] overnight delivery, [] email. smission, attached to this certificate is the printed If served by facsimile tran confirmation of receipt of the document(s) generated by the transmitting machine. I further certify that said copy was placed in a sealed envelope delivered as indicated above and addressed to said attorney(s) at the address(es) listed below: Paul Bovarnick Rose Senders & Bovarnick, LLC 1205 N.W. 25th Avenue Portland, OR 97210 Of Attorneys for Plaintiff Rodney Brill Donald S. Britt The Britt Gilbert Law Group 770 L Street, Suite 950 Sacramento, CA 95814 Of Attorneys for Plaintiff Rodney Brill L. Erickson Walker - via US Mail Gordon & Rees LLP 121 SW Morrison Street, Suite 1575 Portland, OR 97204 Defendants Dyno 'o el nc. & Midwest Rail Of Attorneys for Third-Party DATED: March 13, 2012 Glenn W. Robles Page 1 - CERTIFICATE OF SERVICE 1464258 Cosgrsve Vergeer Kesler LLP Attorneys 9e9 SW FIMt Awnw, Suite 600 PoRlenO,Ongon f720! Telephone: (603) 323.9008 FiGehnlla: (503) 323.9019