HomeMy WebLinkAbout12-35741
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ALAN E. SWERDLOW, ESQ. (130341)
JEFFERY A. CHADIC, ESQ. (195499)
TERRI L. CRAWFORD, ESQ. (131630)
KATELYN M. KNIGHT, ESQ. (264573)
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
555 12' Street, Suite 1800
Oakland, CA 94607
Telephone: (510) 834-4350
Facsimile: (510) 839-1897
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Attorneys for Defendant/Cross-Defendant/
Cross-Complainant WILLIAM CARLSON
dba ADVANCED ROOFING
-' 1 ... i 1 1 l I l?! v 1 tj i 'y
2012 A IN 7 PH I
"U?IBERLAND COUNT F ENNSYLYANIA
Co"} of COafgorl pleo
%Cak%oe,r lard vu xi PA
REDWOOD HILL FARM & CREAMERY,
INC., A CALIFORNIA CORPORATION,
Plaintiff,
I a. S57 Y eivil
California Case No. ?G;' 249543
Assigned for all purposes to the Hon. Arthur
A. Wick
VS.
ONE SUN, INC., A CALIFORNIA )
CORPORATION, WILLIAM CARLSON, )
AN INDIVIDUAL, DOING BUSINESS AS )
ADVANCED ROOFING; AND DOES 1 TO )
50, INCLUSIVE, )
WILLIAM CARLSON DBA
ADVANCED ROOFING'S PETITION
FOR THE ISSUANCE OF A LETTER
ROGATORY; DECLARATION OF
TERRI L. CRAWFORD; AND
PROPOSED ORDER
Defendants.
AND RELATED CROSS-ACTIONS. )
Trial Date: July 20, 2012
Complaint Filed: April 20, 2011
Defendant/Cross-Defendant/Cross-Complainant William Carlson dba Advanced Roofing
("Advanced Roofing") in the California State court action titled Redwood Hill Farm & Creamery
v. One Sun, Inc., et al., venued in Sonoma County, California, case number SCV 249543, seeks to
take the stenographically recorded and video recorded deposition testimony of non-party
Pennsylvania corporation Carlisle SynTec Incorporated ("Carlisle) on July 2, 2012, at 9:30 a.m.,
before a certified court reporter at Premier Reporting, LLC, located at 8 South Hanover Stree
0LVk-9103-'?5 PA a
-1- MA 4d"t9S
PETITION FOR THE ISSUANCE OF A LETTER ROGATORY - Califomia Case No. SCV 249543
s a-? t#s3y
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Suite 201, Carlisle, Pennsylvania, 17013. To that end, Advanced Roofing respectfully petitions
this Court pursuant to Pa. R.C.P. 4015(b) and 42 Pa. Cons. Stat. Ann. § 5325 for a letter rogatory
for the issuance of a Subpoena to Attend and Testify and to produce documents at that time
directed to Carlisle on the grounds set forth below.
On April 20, 2011, Plaintiff Redwood Hill Farm & Creamery, Inc. ("Redwood Hill") filed
I a lawsuit in the Sonoma County Superior Court of the State of California which is currently
pending and set for trial on July 20, 2012. (Crawford Decl., ¶ 2.) Redwood Hill alleges that work
performed by defendants general contractor One Sun, Inc. and Advanced Roofing in conjunction
with the installation of a $2.8+ million roof-mounted solar and re-roofing project on an 89,000 sq.
ft. concrete tilt-up commercial warehouse/office building in Sebastopol, California was defective.
(Crawford Decl., ¶ 2.)
Advanced Roofing installed a Carlisle TPO roofing system at the Redwood Hill project.
(Crawford Decl., ¶ 3.) Carlisle, the manufacturer of the roofing system, issued a 20-year Golden
Seal Total Roofing System Warranty to Redwood Hill upon completion of the roofing work.
(Crawford Decl., ¶ 3.) Carlisle is not a party to the California court action. (Crawford Decl., ¶ 4.)
Advanced Roofing seeks to take the deposition of the person(s) most qualified to testify on behalf
of Carlisle regarding matters bearing on the review, approval, and acceptance of the roofing
system, related issuance of the warranty, and the history and status of the warranty. (Crawford
Decl., ¶ 4.) Advanced Roofing also seeks the production of documents bearing on these topics at
the time of the deposition. (Crawford Decl., ¶ 4.) A copy of the proposed Subpoena to Attend and
Testify and the related attachments specifying the matters for examination and documents for
production is attached as Exhibit A to the Declaration of Terri L. Crawford filed in support of this
petition.
Advanced Roofing seeks the deposition testimony and documents for purposes of
discovery and for purposes of use at the trial set for July 20, 2012, in the California State court
action. The testimony and documents sought are relevant and material to the claims and issues
that are the subject matter of the California action. (Crawford Decl., ¶ 5.)
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PETITION FOR THE ISSUANCE OF A LETTER ROGATORY - California Case No. SCV 249543
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BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
Z,----
ALAN E. SWERDLOW, ESQ.
TERRI L. CRAWFORD, ESQ.
JEFFERY A. CHADIC, ESQ.
KATELYN M. KNIGHT, ESQ.
Attorneys for Defendant/Cross-
Defendant/Cross-Complainant
WILLIAM CARLSON dba
ADVANCED ROOFING
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Carlisle resides in Pennsylvania at 1285 Ritner Highway, P.O. Box 7000, Carlisle,
Pennsylvania, 17013. As Carlisle SynTec is not a party to the subject litigation in California and is
not present in California, Advanced Roofing seeks to utilize the court process in Pennsylvania to
obtain the needed deposition testimony and production of documents. In order to secure the
testimony and documents of Carlisle, Advanced Roofing respectfully requests that a letter rogatory
issue to the appropriate authority in Cumberland County, Pennsylvania where Carlisle resides and
requests the issuance of the Subpoena to Attend and Testify requiring that Carlisle attend, testify,
and produce documents pursuant to notice of deposition and proposed subpoena to attend and
testify attached to the Declaration of Terri L. Crawford as Exhibit "A."
DATED: June 6, 2012
By:
KMKOI\582080
PETITION FOR THE ISSUANCE OF A LETTER ROGATORY - California Case No. SCV 249543
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ALAN E. SWERDLOW, ESQ. (130341)
TERRI L. CRAWFORD, ESQ. (131630)
JEFFERY A. CHADIC, ESQ. (195499)
KATELYN M. KNIGHT, ESQ. (264573)
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
555 12' Street, Suite 1800
Oakland, CA 94607
Telephone: (510) 834-4350
Facsimile: (510) 839-1897
Attorneys for Defendant/Cross-Defendant/
Cross-Complainant WILLIAM CARLSON
dba ADVANCED ROOFING
i 1710 T {-I ( IN 0 TA 't'
.;+s n! ?)O COUNTY
i HINSYLVANIA
ook"I'r4 0? COAAROK ?IeQs
S
?j?,.ICU X t t -'i4
REDWOOD HILL FARM & CREAMERY,
INC., A CALIFORNIA CORPORATION,
Plaintiff,
I a - 3 5w 61,vil
2 954-3
Case No. S-V
Assigned for all purposes to the Hon. Arthur
A. Wick
I vs.
ONE SUN, INC., A CALIFORNIA
CORPORATION, WILLIAM CARLSON,
AN INDIVIDUAL, DOING BUSINESS AS
ADVANCED ROOFING; AND DOES 1 TO
50, INCLUSIVE,
DECLARATION OF TERRI L.
CRAWFORD, ESQ. IN SUPPORT OF
PETITION FOR THE ISSUANCE OF A
LETTER ROGATORY
Defendants.
AND RELATED CROSS-ACTIONS.
} Trial Date: July 20, 2012
Complaint Filed: April 20, 2011
I, TERRI L. CRAWFORD, declare as follows:
1. I am an attorney at Boornazian, Jensen & Garthe, counsel for Defendant WILLIAM
i CARSON dba ADVANCED ROOFING ("Advanced Roofmg") in the California State action
titled Redwood Hill Farm & Creamery v. One Sun, Inc., et al., venued in Sonoma County
I I California, case number SCV 249543. I have personal knowledge of the matters set forth in this
I I declaration except as to those matters stated as based on information and belief and, if called as a
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CRAWFORD DECL IN SUPPORT OF PETITION FOR LETTER ROGATORY; Case No. SCV 249543
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I witness, could and would competently testify thereto.
2. On April 20, 2011, Plaintiff Redwood Hill Farm & Creamery, Inc. ("Redwood
Hill") filed a lawsuit in the Sonoma County Superior Court of the State of California which is
currently pending and set for trial on July 20, 2012. Redwood Hill alleges that work performed by
defendant general contractor One Sun, Inc. and defendant Advanced Roofing in conjunction with
the installation of a $2.8+ million roof-mounted solar and re-roofing project on an 89,000 sq. ft.
concrete tilt-up commercial warehouse/office building in Sebastopol, California was defective.
3. I am informed and believe that Advanced Roofing installed a TPO roofing system
I at the Redwood Hill project designed and manufactured by Carlisle SynTec Incorporated. I am
I also informed and believe that Carlisle issued a 20-year Golden Seal Total Roofing System
Warranty to Redwood Hill upon completion of the roofing work.
4. Carlisle is not a party to California action. Advanced Roofing seeks to take the
deposition of the person(s) most qualified to testify on behalf of Carlisle regarding matters bearing
on the review, approval, and acceptance of the roofing system, related issuance of the warranty,
and the history and status of the warranty. Advanced Roofing also seeks the production of
documents bearing on these topics at the time of the deposition. A copy of the notice of deposition
and proposed Subpoena to Attend and Testify and the related attachments specifying the matters
for examination and documents for production is attached hereto as Exhibit "A."
5. Advanced Roofing seeks the deposition testimony and documents for purposes of
discovery and for purposes of use at trial set for July 20, 2012, in the California State court action.
The testimony and documents sought are relevant and material to the claims and issues that are the
subject matter of the California action.
I declare under penalty of perjury under the laws of the State of California and the laws of
the State of Pennsylvania that the foregoing is true and correct.
Executed this 6th day of June, 2012, at Oakland, California.
TERRI L. CRAWFORD
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CRAWFORD DECL IN SUPPORT OF PETITION FOR LETTER ROGATORY; Case No. SCV 249543
EXHIBIT "A"
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ALAN E. SWERDLOW, ESQ. (130341)
JEFFERY A. CHADIC, ESQ. (195499)
TERRI L. CRAWFORD, ESQ. (131630)
KATELYN M. KNIGHT, ESQ. (264573)
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
555 12'h Street, Suite 1800
Oakland, CA 94607
Telephone: (510) 834-4350
Facsimile: (510) 839-1897
Attorneys for Defendant/Cross-Defendant/
Cross-Complainant WILLIAM CARLSON
i dba ADVANCED ROOFING
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SONOMA
REDWOOD HILL FARM & CREAMERY,
INC., A CALIFORNIA CORPORATION,
Plaintiff,
I vs.
ONE SUN, INC., A CALIFORNIA
CORPORATION, WILLIAM CARLSON,
AN INDIVIDUAL, DOING BUSINESS AS
ADVANCED ROOFING; AND DOES I TO
50, INCLUSIVE,
Case No. SCV 249543
Assigned for all purposes to the Hon. Arthur
A. Wick
WILLIAM CARLSON dba ADVANCED
ROOFING'S NOTICE OF TAKING OF
DEPOSITION OF CARLISLE SYNTEC
AND DEMAND TO PRODUCE
DOCUMENTS AT THE TIME OF
DEPOSITION
(pursuant to attached Deposition
Subpoena)
Defendants.
Trial Date: July 20, 2012
AND RELATED CROSS-ACTIONS. ) Complaint Filed: April 20, 2011
PLEASE TAKE NOTICE that on July 2, 2012 at 9:30 a.m., at Premier Reporting, LLC, 8
S. Hanover Street, Suite 201, Carlisle, Pennsylvania, 17013, pursuant to Cal. Code of Civil
Procedure section 2026.010(c) and Pa. Rule of Civil Procedure section 4007. 1, defendant William
Carlson dba Advanced Roofing will take the oral deposition of the person(s) most qualified to
testify on behalf of Carlisle SynTec Incorporated, 1285 Ritner Highway, P.O. BOX 7000,
Carlisle, Pennsylvania, 17013 regarding the matters specified in Attachment 1 to the Subpoena to
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WILLIAM CARLSON dba ADVANCED ROOFING'S NOTICE OF TAKING OF DEPOSITION OF CARLISLE SYNTEC AND
DEMAND TO PRODUCE DOCUMENTS; California Case No. SCV 249543
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Attend and Testify, attached hereto and incorporated herein. The depositions will continue from I
day to day, Sundays and holidays excluded, until completed unless otherwise agreed.
The deposition testimony will be simultaneously recorded by stenographic means and
video recording pursuant to California Code of Civil Procedure section 2025.220(5) and Pa. Rule
of Civil Procedure section 4017.1. The deposition will be taken before Premier Reporting, LLC, 8
South Hanover Street, Suite 201, Carlisle, Pennsylvania, 17013. The video operator will be Ken
Haafe, Mid-Penn Digital, 237 Graham Street, Carlisle, Pennsylvania, 17013. Defendant
WILLIAM CARLSON dba ADVANCED ROOFING anticipates and hereby reserves its right to
utilize the resulting stenographic and/or video testimony at trial in the above-captioned case. (Cal.
Code of Civil Procedure sections 2025.220(a)(5), 2025.220(a)(5), 2025.620(b), and 2025.620(d);
Pa. Rule of Civil Procedure section 4017.1(g).)
PLEASE TAKE FURTHER NOTICE that pursuant to California Code of Civil
Procedure sections 2020.010 et seq. and 2025.010 et seq. and Pa. Rule of Civil Procedure section
4007.1(d)2, the deponent is required to bring and produce for examination at the time and place of
the deposition set forth above, the original documents or other things in the deponent's possession,
custody or control as described fully in Attachment 2 to the Subpoena to Attend and Testify
attached hereto and incorporated herein.
IlI
///
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WILLIAM CARLSON dba ADVANCED ROOFING'S NOTICE OF TAKING OF DEPOSITION OF CARLISLE SYNTEC AND
DEMAND TO PRODUCE DOCUMENTS; Califomia Case No. SCV 249543
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NOTE: If the deponent fails to bring to the deposition all documents in the deponent's
possession, custody or control responsive to the deposition subpoena categories, WILLIAM
CARLSON dba ADVANCED ROOFING reserves the right to reconvene the deposition at a later
date after production of all responsive documents. If deponent fails to produce the person truly
most knowledgeable on the topic identified in the Deposition Subpoena, WILLIAM CARLSON
dba ADVANCED ROOFING reserves its right to take the deposition of the person determined to
be the actual person most qualified to testify pursuant to the original subpoena served.
DATED: June 6, 2012
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
By:
ALAN E. SWERDLOW, ESQ.
TERRI L. CRAWFORD, ESQ.
JEFFERY A. CHADIC, ESQ.
KATELYN M. KNIGHT, ESQ.
Attorneys for Defendant/Cross-
Defendant/Cross-Complainant
WILLIAM CARLSON dba
ADVANCED ROOFING
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WILLIAM CARLSON dba ADVANCED ROOFING'S NOTICE OF TAKING OF DEPOSITION OF CARLISLE SYNTEC AND
DEMAND TO PRODUCE DOCUMENTS; California Case No. SCV 249543
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Redwood Hill Farm & Creamery, Inc.
Plaintiff File No.
vs.
One Sun, Inc., et al.
Defendant
SUBPOENA TO ATTEND AND TESTIFY
TO: person(s) most qualified to testify on behalf of Carlisle SynTec Incorporated (1285 Ritner
Highway, P.O. Box 7000, Carlisle, Pennsylvania 17013) as to the matters for examination
identified in Attachment 1 hereto
1. You are ordered by the court to come to
8 S. Hanover Street, Suite 201, Carlisle, Pennsylvania 17013
(Specify Courtroom or other place)
at , Cumberland County, Pennsylvania, on July 2, 2012
at 9:30 o'clock, A K. to testify on behalf of
Carlisle SynTec Incorporated
in the above case, and to remain until excused.
2. And bring with you the following:
See Attachment 2
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: Katelyn M. Knight, Esq.
Address: Boornazian, Jensen & Garthe
555 12th Street, Suite 1500, Oakland, CA 94607
Telephone: (510) 834-4350
Supreme Court ID # CA Bar 264573
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)
ATTACHMENT No.1
TO DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND
PRODUCTION OF DOCUMENTS AND THINGS TO
Person(s) Most Qualified to TestifX on behalf of Carlisle SynTec
DEFINITIONS
1. "YOU" and "YOUR" mean the deponent Carlisle, Carlisle SynTec, and its
agents, employees, affiliates, subsidiaries, attorneys, accountants, investigators, and anyone else
acting on Carlisle SynTec's behalf.
2. "PROPERTY" means the building at issue in this action occupied in whole or in
part by Redwood Hill Farm & Creamery, Inc. and identified as Building 1, located at 2064
Highway 116 North, Sebastopol, CA.
MATTERS UPON WHICH THE WITNESS IS TO BE EXAMINED
1. The planning, development, design, construction, inspection, testing, review,
consideration, authorization, approval, completion, and/or acceptance of the Carlisle TPO
roofing system installed at the PROPERTY.
2. The approved Carlisle warranty issued for the roof system at the PROPERTY
based on the design 15/32" plywood, 1/4" DensDeck, .060 TPO 8' wide field sheets fastened 12"
off center.
3. The content of the November 11, 2011, letter from Chad Garcia (Carlisle SynTec
District Manager, Technical Services, Pacific Region) regarding the Carlisle 20 year TS warranty
on the roofing system at the PROPERTY.
4. All communications (written or verbal) by, between, or among YOU; Redwood
Hill Farm & Creamery, Inc.; Solid Solutions Construction Services, Inc.; Toby Kendall; Chico
Electric; One Sun, Inc.; William Carlson dba Advanced Roofing; Don Lambrecht & Associates;
any Carlisle representative or distributor; any agency or department of the County of Sonoma;
agency or department of the City of Sebastopol; any design professional, architect, or engineer;
contractor or subcontractor; inspector; and/or testing entity relating to the planning,
development, design, construction, inspection, testing, review, consideration, authorization,
approval, completion, acceptance, and/or warranty of the Carlisle TPO roofing system installed
at the PROPERTY.
5. Any Carlisle TPO roofing system warranty issued by YOU for the PROPERTY
including, but not limited to, the Carlisle Golden Seal Total Roofing System Warranty (Serial
No. 10058663) issued on September 17, 2010, the issuance of the warranty, history of the
warranty since issuance, status of the warranty as of November 11, 2011, current status of the
warranty, and the bases for the current status of the warranty.
6. All written notice(s) of the discovery of any leak in the Carlisle TPO roofing
system installed at the PROPERTY provided to YOU by Redwood Hill Farm & Creamery, Inc.
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7. All written notice(s) of the discovery of any leak in the Carlisle TPO roofing
system installed at the PROPERTY provided to YOU by anyone other than Redwood Hill Farm
& Creamery, Inc.
8. All notice(s) of alterations and/or repairs and/or any requests for authorization
to make alterations or repairs to the Carlisle TPO roofing system at the PROPERTY provided to
YOU by Redwood Hill Farm & Creamery, Inc.
9. All notice(s) of alterations and/or repairs and/or any requests for authorization
to make alterations or repairs to the Carlisle TPO roofing system at the PROPERTY provided to
YOU by anyone other than Redwood Hill Farm & Creamery, Inc.
10. All authorizations provided by YOU to Redwood Hill Farm & Creamery, Inc.
authorizing alterations and/or repairs to Carlisle TPO roofing system at the PROPERTY.
269301581764
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ATTACHMENT No. 2
TO DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND
PRODUCTION OF DOCUMENTS AND THINGS TO
Person(s) Most Qualified to Testify on behalf of Carlisle SynTec
DEFINITIONS
1. "YOU" and "YOUR" mean the deponent Carlisle, Carlisle SynTec, and its
agents, employees, affiliates, subsidiaries, attorneys, accountants, investigators, and anyone else
acting on Carlisle SynTec's behalf.
2. "DOCUMENTS" means any writings as defined by Evidence Code section 250
including handwriting, typewriting, printing, photostatting, photocopying, 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.
3. "PROPERTY" means the building at issue in this action occupied in whole or in
part by Redwood Hill Farm & Creamery, Inc. and identified as Building 1, located at 2064
Highway 116 North, Sebastopol, CA.
DOCUMENTS AND THINGS FOR PRODUCTION
1. All DOCUMENTS evidencing that the roofing system installed at the
PROPERTY was approved by Carlisle design and review prior to installation.
2. All DOCUMENTS evidencing and/or confirming that as of November 11, 2011,
the 20-year Carlisle warranty on the roofing system installed at the PROPERTY was valid.
3. All DOCUMENTS evidencing that the approved Carlisle warranty issued for
the roof system at the PROPERTY was based on the design 15/32" plywood, 1/4" DensDeck,
.060 TPO 8' wide field sheets fastened 12" off center.
4. All DOCUMENTS evidencing, referring to, or relating to the planning,
development, design, construction, inspection, testing, review, consideration, authorization,
approval, completion, and/or acceptance of the Carlisle TPO roofing system installed at the
PROPERTY including, but not limited to, all applications, submittals, shop drawings, plans,
sketches, calculations, specifications, inspection records, testing records, requests for
information, photos, notices of completion, approvals, acceptances, authorizations,
correspondence, emails, memos, and notes.
5. All DOCUMENTS evidencing, referring to, or relating to any communications
(written or verbal) by, between, or among YOU; Chad Garcia (Carlisle District Manager);
Redwood Hill Farm & Creamery, Inc.; Solid Solutions Construction Services, Inc.; Toby
Kendall; Chico Electric; One Sun, Inc.; William Carlson dba Advanced Roofing; Don Lambrecht
& Associates; any Carlisle representative or distributor; any agency or department of the County
of Sonoma; agency or department of the City of Sebastopol; any design professional, architect,
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or engineer; contractor or subcontractor; inspector; and/ or testing entity relating to the
planning, development, design, construction, inspection, testing, review, consideration,
authorization, approval, completion, acceptance, and/or warranty of the Carlisle TPO roofing
system installed at the PROPERTY.
6. All DOCUMENTS constituting, evidencing, referring to, or relating to any
Carlisle roofing system warranty issued by YOU for the PROPERTY including, but not limited
to, the Carlisle Golden Seal Total Roofing System Warranty (Serial No. 10058663) issued on
September 17, 2010, including all DOCUMENTS evidencing the issuance of the warranty,
history of the warranty since issuance, status of the warranty as of November 11, 2011, current
status of the warranty, and the bases for the current status of the warranty.
7. All DOCUMENTS constituting, evidencing, referring to, or relating to any
written notice(s) of the discovery of any leak in the Carlisle TPO roofing system installed at the
PROPERTY provided to YOU by Redwood Hill Farm & Creamery, Inc.
8. All DOCUMENTS constituting, evidencing, referring to, or relating to any
written notice(s) of the discovery of any leak in the Carlisle TPO roofing system installed at the
PROPERTY provided to YOU by anyone other than Redwood Hill Farm & Creamery, Inc.
9. All DOCUMENTS constituting, evidencing, referring to, or relating to any
notice(s) of alterations and/or repairs and/or any requests for authorization to make alterations
or repairs to the Carlisle TPO roofing system at the PROPERTY provided to YOU by Redwood
Hill Farm & Creamery, Inc.
10. All DOCUMENTS constituting, evidencing, referring to, or relating to any
notice(s) of alterations and/or repairs and/or any requests for authorization to make alterations
or repairs to the Carlisle TPO roofing system at the PROPERTY provided to YOU by anyone
other than Redwood Hill Farm & Creamery, Inc.
11. All DOCUMENTS constituting, evidencing, referring to, or relating to any
authorizations provided by YOU to Redwood Hill Farm & Creamery, Inc. authorizing
alterations and/or repairs to Carlisle TPO roofing system at the PROPERTY.
26930\581763
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PROOF OF SERVICE BY U.S. MAIL
(C.C.P. SECTIONS 1013(a) - 2015.5)
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I am employed in the County of Alameda, State of California. I am over the age of 18
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years and not a party to the within action. My business address is 555 12th Street, Suite 1800,
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Oakland, California 94607.
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On the date shown below, at the above -referenced business location, I enclosed a copy
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the following in an envelope addressed as shown below, placed them for collection and mailing
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following ordinary business practices to be deposited with the United States Postal Service on
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the date shown below: PETITION FOR ISSUANCE OF LETTER ROGATORY;
SUPPORTING DECLARATION; PROPOSED ORDER THEREON.
Plaintiff
Robert E. Aune, Esq.
Aune & Associates
One Maritime Plaza, Suite 1600
San Francisco, CA 94111
T: 415-433-6400; F: 415-651-9825
raunegauneassociates.com
One Sun, Inc.
Phillip A. Pereira, Esq.
McDowell, Shaw & Colman
1250 Oakmead Parkway, Suite 210
Sunnyvale, CA 94085-4037
T: 408-927-7250; F: 408-927-7350
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Oakland, California, on June 6, 2012.
c
a
K&elyn M. ght
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Proof of Service - Case No. SCV 249543
REDWOOD HILL FARM & IN THE COURT OF COMMON PLEAS OF
CREAMERY, INC., A CUMBERLAND COUNTY, PENNSYLVANIA
CALIFORNIA CORPORATION,
Plaintiff :
V.
ONE SUN, INC., A CALIFORNIA :
CORP., WILLIAM CARLSON, AN :
INDIVIDUAL, DOING BUSINESS
AS ADVANCED ROOFING; AND
DOES 1 TO 50, INCLUSIVE,
Defendants
NO. 2012-3574 CIVIL TERM
ORDER OF COURT
AND NOW, this 25TH day of JUNE, 2012, at the request of counsel and with the
concurrence of petitioner, the above captioned case is hereby WITHDRAWN.
By the Court,
6
Edward E. Guido, J.
'r Robert E. Aune, Esquire
One Maritime Plaza, Suite 1600
San Francisco, CA 94111
v Phillip A. Pereira, Esquire
1250 Oakmead Parkway, Suite 210
Sunnyvale, CA 94085-4037
Katelyn M. Knight, Esquire
555 12TH Street, Suite 1800
Oakland, CA 94607
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BoornazianJensenGarthe Fax:510-939-1898 Jun 21 2012 04:27pm P002/002
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Jensen
Gart]Re
A Professional Corporation
Katelyn M. Knight, Esq.
kknigbt@bjg.cwm June 21. 2012
VJ.A, FACSAMLE
Court Administrator
1 Courthouse Square
Carlisle, Pennsylvania 17013
RE: Redwood Hill Farm & Creamery, Inc. v. One .Sun, Inc., et aL
Carlisle County Civil Docket No. 2012-3574
Sonoma County Superior Court - Case No. SCV 249543
Our Client: William Carlson dba Advanced Roofing
Our File No.: NARKS 26930
Dear Court Administrator:
555 12th Street, Suite 1800
O.M.J, CA 94607
Telephone: 510.834.4350
Facsimile, 510.839.1892
Vebsite: www. jg.co=
rU&ug AdJzes9
P.O. Box 12925
Oablana, CA 94604-2925
I am writing to request withdrawal of the Petition for Issuance of a Letter Rogatory submitted by
William Carlson dba Advanced Roofing.
Petitioner William Carlson dba Advanced Roofing is a defendant in the California suit
referenced above. The subject Petition for Issuance of a Letter Rogatory ryas filed to obtain the
court's assistance with the issuance of a subpoena directing non-party witness Carlisle SynTee
Incorporated to attend, testify, and produce documents at a deposition to take place in
Pennsylvania. Subsequent to the filing of the Petition, Carlisle SynTec Incorporated agreed to
cooperate and voluntarily attend a deposition without a subpoena. Petitioner therefore requests
that his petition be withdrawa -
Please contact rue at (510) 645-2090 if you require any additional information. Thank you very
much for your attention to this matter-
Very truly yours,
SOORNAZLAN, JENSEN & GA.RTHE
ateCyn M. Knight
K.atelya M. Knight
KMK/
269301584598
BoornazianJensenGarthe Fax:510-839-1898
36or 7.aLr1an,
Jensen
Gaxt].e
A -Professional Corporation
Katelyn M. Knight
iskuigbt@bjg.colat
Facsimile Cover Sheet
June 21, 2012
From:
Case Name:
Our File No.:
Cominaents-
Katelyn M. Knight
Redwood Hill Farm & Creamery, Inc. v. One Sun, Inc.
26930
Total Number of Pages (including cover sheet) -2-
? Original document will follow by mail.
If there axe any problems, please call (510) $34-4350_
Jun 21 2012 04:27pm P001/002
556 12th Street, Suite 1800
Oalzland, CA. 94607
Telephone: 510.834.4350
Facsir7 &! 510.839.1897
Website: wwwbjg.com
Meiling AAUxess
PO. Box 12925
oakland, CA 94604-2925
- rtt NOTIC)r OF CONMENTLAUN OF MANSMLSSION est
The infatuation contained in this transmission is intended for the use of the individual or entity to which it is addressed and may contain
information that is attorney-client, privileged, confidential, and exempt ftam disclosure under applicable law. If you are not the intended
recipient, you are hereby notified that any use, dissemination, copying, or distribution of this communication is strictly prohibited. If you have
received this communication in, error, please notify the above office by telephone and return the original transmission to us via U. S. Mail.
Tbmk you.
..z
1 ALAN E. SWERDLOW, ESQ. (130341)
TERRI L. CRAWFORD, ESQ. (131630)
2 JEFFERY A. CHADIC, ESQ. (195499)
KATELYN M. KNIGHT, ESQ. (264573)
3 BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
4 555 12' Street, Suite 1800
Oakland, CA 94607
5 Telephone: (510) 834-4350
Facsimile: (510) 839-1897
6
7 Attorneys for Defendant/Cross-Defendant/
Cross-Complainant WILLIAM CARLSON
8 dba ADVANCED ROOFING OLLY k o? COVKf CA ?tea S
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9 &y,,, W4A Uuyl 611 P'A
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C A
13 REDWOOD HILL FARM & CREAMERY,
INC., A CALIFORNIA CORPORATION,
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Plaintiff,
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VS.
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ONE SUN, INC., A CALIFORNIA
17 CORPORATION, WILLIAM CARLSON,
AN INDIVIDUAL, DOING BUSINESS AS
18 ADVANCED ROOFING; AND DOES 1 TO
50, INCLUSIVE,
19
Defendants.
20
2111 AND RELATED CROSS-ACTIONS
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ja, _ '357Y 8-VI
California Case No. SC-V 249549P
Assigned for all purposes to the Hon. Arthur
A. Wick
[PROPOSED] ORDER GRANTING
WILLIAM CARLSON DBA
ADVANCED ROOFING'S PETITION
FOR THE ISSUANCE OF A LETTER
ROGATORY
Trial Date: July 20, 2012
Complaint Filed: April 20, 2011
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Upon consideration of the petition of William Carlson dba Advanced Roofing, a defendant
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in the California State action titled Redwood Hill Farm & Creamery v. One Sun, Inc., et al.,
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venued in Sonoma County California, case number SCV 249543 ("Defendant"), for the issuance
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of a letter rogatory, and GOOD CAUSE appearing therefore, it is hereby ORDERED as follows:
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The petition is granted. The Prothonotary is directed to issue a letter rogatory and to issue
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the proposed Subpoena to Attend and Testify, directed to the person(s) most qualified to testify on
[PROPOSED] ORDER GRANTING PETITION FOR THE ISSUANCE OF A LETTER ROGATORY
California Case No. SCV 249543
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1 behalf of Carlisle SynTec Incorporated, for the oral deposition and production of documents on
2 July 2, 2012, as further set forth in the Subpoena.
3
4 DATED: /S
5 JUDGE
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[PROPOSED] ORDER GRANTING PETITION FOR THE ISSUANCE OF A LETTER ROGATORY
Califomia Case No. SCV 249543