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HomeMy WebLinkAbout12-42822' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALLAHAN & BLAINE A Professional Law Corporation Daniel J. Callahan (SBN 91490) Michael J. Sachs (SBN 134468) Kathleen L. Dunham (SBN 98653) Sue Y. Park (SBN 207624) 3 Hutton Centre Drive, Ninth Floor Santa Ana, California 92707 (714) 241-4444 / (714) 241-4445 [FAX] CADENA CHURCHILL, LLP Raul Cadena (SBN 185787) Nicole R. Roysdon (SBN 262237) 701 "B" Street, Suite 1700 San Diego, CA 92101 (619) 546-0888/ (619) 923-3208 [FAX] Attorneys for Plaintiffs c g_Y?a&?2 01vil COURT OF COMMON PLEAS OF PENNSYLVANIA COUNTY OF CUMBERLAND LILIANA ESPEJO, an individual; ARTURO VALDERRAMA, an individual; GENARO VALDERRAMA, an individual; VIVIANA ZARSOZA MERCADO, an individual; JUAN CASILLAS, an individual; FELIPE GUZMAN GARCIA, an individual; ADRIANA VASQUEZ, an individual; on their own behalf and on behalf of all others similarly situated, Plaintiffs, Superior Court of the State of California, County of San Diego Case No. 37-2009- 00082322-CU-OE-CTL [Consolidated with Case No. 37-2010-00085012-CU-OE-CTL] PETITION TO ISSUE FOREIGN SUBPOENA FOR BUSINESS RECORDS TO NON-PARTY, WILSON GREGORY AGENCY, INC. PURSUANT TO 42 Pa.C.S.A. §5326 VS. THE COPELY PRESS INC., a Corporation, d/b/a The San Diego Union Tribune; PLATINUM EQUITY LLC; THE SAN DIEGO UNION-TRIBUNE LLC; PROJECT JEWEL HOLDINGS, LLC; BREAK OF DAWN DELIVERY SERVICES, INC., a California Corporation; HADA ENTERPRISES INC., a California Corporation; TROY PELKY & ASSOCIATES DISTRIBUTION, INC., a California Corporation; and DOES 1 through 50, inclusive, Defendants dal) .-*d a oat -% 103 k W Sol? <<' 12 jpI_ 10 f;q t1: r3 CUMBERLAND :. UNT Y PENNSYLVANIA PETITION TO ISSUE FOREIGN SUBPOENA 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMES NOW, Petitioners/Plaintiffs LILIANA ESPEJO, ARTURO VALDERRAMA, GENARO VALDERRAMA, VIVIANA ZARSOZA MERCADO, JUAN CASILLAS, FELIPE GUZMAN GARCIA, and ADRIANA VASQUEZ, on their own behalf and on behalf of all others similarly situated ("Petitioners"), and hereby petition this Court pursuant to Rule 4009.22 of the Pennsylvania Rules of Civil Procedure for a subpoena to Produce Documents or Things for Discovery of a non-party, the Custodian of Records of Wilson Gregory Agency, Inc., 2309 Market Street, Camp Hill, PA 17011 ("Wilson Gregory"), and in support of this petition states as follows: 1. Petitioners are the Plaintiffs in the above-referenced case which is currently pending in the Superior Court of the State of California, County of San Diego, Case No. 37-2009- 00082322-CU-OE-CTL. 2. Non-party Wilson Gregory is an insurance provider utilized by Defendant, the San Diego Union Tribune ("The Tribune"). Wilson Gregory has in its possession, critical documents related to the work-related insurance provided to The Tribune's newspaper carriers, who comprise the plaintiff class. Such documents include but are not limited to premiums paid for such insurance, and written communications and contracts between the San Diego Union Tribune and Wilson Gregory concerning said insurance. Such documents and information are needed by Petitioners to prepare this case for trial. 3. Petitioners have substantially complied with Pennsylvania Rule of Civil Procedure 4009.21 by providing Respondents, on June 19, 2012, with the attached twenty (20) day notice to object to Notice of Intent to Serve a Subpoena to Produce Documents and Things. 4. The Prothonotary's Office of Cumberlan County, Pennsylvania has indicated that it will issue a subpoena to The Custodian of Records of Non-Party Wilson Gregory Agency, Inc. 2309 Market Street, Camp Hill, PA 17011, upon receipt of this petition and a commission from the Superior Court of the State of California, County of San Diego requesting the issuance of such subpoena. 2 PETITION TO ISSUE FOREIGN SUBPOENA 5. Attached is a Commission from the Superior Court of the State of California, County of San Diego as well as a copy of the foreign subpoena. WHEREFORE, Petitioners hereby request that this Court to issue the attached Subpoena to Non-Party Wilson Gregory Agency, Inc. 2309 Market Street, Camp Hill, PA 17011. Dated: June 19, 2012 CALLAHAN & BLAINE, APLC By: l Michael J. Sachs K4hleen L. Dunham Sue Y. Park Attorneys for Plaintiffs 11 G:\Clients\2968\2968-020iscovery\Petition to Court of Commonpleas PA.wpd 3 PETITION TO ISSUE FOREIGN SUBPOENA ?ISC.030 J 2 V 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY -Kathleen L. Dunham (SBN 98653) CALLAHAN & BLAINE, APLC 3 Hutton Centre Drive, Ninth Floor Santa Ana, CA 92707 TELEPHONENO.: 714-241-4444 FAX NO.(Optionaq: 714-241-4445 E-MAIL ADDRESS (Optional): kdunhamCCa11ahan-1aW.COm ATTORNEY FOR Name: Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO STREET ADDRESS: 220 West Broadway MAILING ADDRESS: CITY AND ZIP CODE: San Diego, CA 92101 BRANCH NAME: CENTRAL COURTHOUSE SHORT TITLE: Espej o et al. v. The Copley Press Inc., et al. COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA CASE NUMBER: F7X ORDERED BY COURT 0 ISSUED BY THE CLERK OF THE COURT 37-2009-00082322-CU-OE-CTL 'i?t 1, The Superior Court of California hereby authorizes the deposition, upon oral examination, of (identity of deponent): The Custodian of Records of Wilson Gregory Agency, Inc., 2309 Market Street, Camp Hill, PA 17011 [RECORDS ONLY - NO APPEARANCE] 2. The deposition is to be taken in (state of the United States, territory, or insular possession subject to its jurisdiction): GEIGER & LORIA REPORTING, 2408 PARK DRIVE, HARRISBURG, PENNSYLVANIA 17110 3. The deposition will be conducted (check one): a. = 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. X Before (name of appointee): GEIGER & LORIA REPORTING 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 depostion are 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: 7 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. GONZALO GUR!EL Date: 0vI c/// ?2"z" ff . ® Judge OR Clerk, by , Deputy Page 1 of 1 Form Approved for Optional Use Judicial Council of California DISC-030 [New January 1, 20081 COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA Code Civ. Proc., § 2026.010(1) ATTACHMENT 4 ATTACHMENT 4 TO COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA (RECORDS ONLY) . Espejo et al. v. The Copley Press Inc., et al. San Diego Superior Court Case No. 37-2009-00082322 DEFINITIONS A. "YOU" and "YOUR" mean WILSON GREGORY AGENCY, INC., its related companies, its agents, attorneys, associates, employees, representatives, or any other person acting or purporting to act on its behalf. "YOU" and "YOUR" shall also mean and refer to any entities for which YOU have acted as an agent, or purport to have acted as an agent for. B. "DOCUMENT" or "DOCUMENTS" are intended to mean "documents and other tangible things" and shall include, without limitation, originals and copies (carbon, photographic, microfilm or otherwise) of all documents, correspondence., papers, agreements, memoranda, reports, notes, diaries, inter-office and/or intra-office corporate communications, email or other electronic communication, messages, telegrams, telex communications, letters, ledgers, photographs, pictures, drawings,, sketches, analytical data, data sheets, video tapes, publications, catalog sheets or addenda, instructions, brochures, pamphlets, recordings (tape, disk, belt or any other type), invoices, work assignments, work records, worksheets, devices and any other writings, printed and/or typewritten matter, including drafts, or other physical objects in YOUR custody, care, possession, or control. The fact that information is contained in an electronic (as opposed to printed) form, such as on a hard drive or server, does not exclude the information from this definition. All forms of recorded information are covered by the term "DOCUMENTS." The term "DOCUMENTS" shall also be deemed to include all emails produced on every type of computer, including but not limited to a server, desktop, laptop, notebook, tablet, ultramobile PC or mobile telephone (commonly known as a cell or cellular phone), including, but not limited. to all Blackberry, smartphones and all other mobile, cell and cellular telephones. Emails must be produced from both servers and individual workstations, as well as all web-based server email, and must include each individual workstation and user, and not simply "top-level" emails in email threads or strings. "DOCUMENTS" shall also include all attachments to emails. Production of duplicate copies of the same DOCUMENTS is requested only if the original or copies contain some material, handwritten or otherwise, that is not on the other copies or original. "DOCUMENTS" also means any evidence, statement, writing, original, duplicate, magnetic (including all computer records) as more fully defined in California Evidence Code sections 140, 250, 260, and 1550, respectively, including, but not limited to, business records as defined in California Evidence Code sections 1560, et seq., and personal records and drafts thereof. C. The terms "REFER TO," "REFLECT" and "RELATE TO" mean the having of any logical or factual connection, directly or indirectly, with the matter discussed, and shall mean and include any one or more of the following: constituting, evidencing, referring to, discussing, describing, concerning, mentioning, depicting, summarizing, involving, regarding, embodying, containing, pertaining to in any way, arising out of, or being in connection with, that subject. D. "COMMUNICATIONS" means the act or fact of communicating between or among any persons, including but not limited to, in-person conversations, telephone conversations, emails, text messaging, letters, memoranda, notes, flyers, messages, summaries, photographs, audiotapes, videotapes, or other materials or memorials of communication, meetings or occasions of joint or mutual presence, as well as transfer of any document or writing from one person to another. E. "PERSONS" means and refer to natural persons, firms, associations, organizations, partnerships, businesses, trusts, trustees, limited liability companies, corporations, or public entities. TIME PERIOD All of the below document requests encompass the time period from January 2005 to July 2007. THE RECORDS TO BE PRODUCED ARE DESCRIBED AS FOLLOWS; 1. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune. 2. All lists containing the names, and any other identifying information, of independent contractor newspaper carriers of The San Diego Union-Tribune: 3. , All DOCUMENTS containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune. 4. All DOCUMENTS containing the names, and any other identifying information, of independent contractor newspaper carriers of The San Diego Union-Tribune. 5. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune whom YOU provided and/or obtained insurance for. 6. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune whom Aegis Security Insurance Company insured. 7. Any and all DOCUMENTS that REFER TO, REFLECT and/or RELATE TO The San Diego Union-Tribune independent contractor newspaper carriers that YOU provided and/or obtained insurance for. 8. Any and all DOCUMENTS that REFER TO, REFLECT and/or RELATE TO The San Diego Union-Tribune independent contractor newspaper carriers that Aegis Security Insurance Company provided insurance for. 9. All DOCUMENTS furnished by The San Diego Union-Tribune to YOU that REFER TO, REFLECT, and/or RELATE TO the independent contractor newspaper carriers of The San Diego Union-Tribune. 10. All DOCUMENTS that REFER TO, REFLECT, and/or RELATE TO any premiums paid for insurance for the independent contractor newspaper carriers of The San Diego Union-Tribune. 11. All DOCUMENTS provided to YOU by any PERSON that REFER TO, REFLECT and/or RELATE TO insurance YOU provided and/or obtained for independent contractor newspaper carriers of The San Diego Union-Tribune. 12. A11 DOCUMENTS provided to YOU by any-PERSON that REFER TO, REFLECT and/or RELATE TO insurance Aegis Security Insurance Company provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 13. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO any Participation Agreements for The San Diego Union-Tribune Newspaper. 14. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO the Participation Agreement attached hereto as Exhibit A. 15. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO any Participation Agreements between YOU and The San Diego-Union Tribune. 16. All Participation Agreements involving the independent contractor newspaper carriers of The San Diego Union-Tribune. 17. All COMMUNICATIONS between YOU and The San Diego Union-Tribune that REFER TO, REFLECT and/or RELATE TO insurance provided for independent contractor newspaper carriers of The San Diego Union-Tribune, 18. All COMMUNICATIONS between Aegis Security Insurance Company and The San Diego Union-Tribune that REFER TO, REFLECT and/or RELATE TO insurance provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 19. All COMMUNICATIONS between YOU and The Riggs National Bank N.A. of Washington, D.C. regarding insurance provided to independent contractor newspaper carriers of The San Diego Union-Tribune. 20. All COMMUNICATIONS between YOU and any PERSON that REFER TO, REFLECT and/or RELATE TO insurance YOU provided and/or obtained for independent contractor newspaper carriers of The San Diego Union-Tribune, 21. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union-Tribune. 22. All lists containing the names, and any other identifying information, of helpers of the independent contractor newspaper carriers of The San Diego Union-Tribune. .23. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO insurance provided by Aegis Security Insurance Company to helpers of independent contractor newspaper carriers of The San Diego Union-Tribune. 24. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union Tribune whom YOU provided and/or obtained insurance for, 25. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union Tribune whom Aegis Security Insurance Company provided and/or obtained insurance for. 26. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO Helper Insurance Enrollment Forms provided to YOU by independent contractor newspaper carriers for the San Diego Union-Tribune Newspaper. (An exemplar of a Helper Insurance Enrollment Form is attached hereto as Exhibit B). G:1Ciients\296812968-021Discovery\DeposiUon NoticeMttachment 4 to Commission Wilson Gregory Subpoena.wpd ATTACHMENT 5 ATTACHMENT 5 TO COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA (RECORDS ONLY) Espejo et al. v. The Copley Press Inc., et al. San Diego Superior Court Case No. 37-2009-00082322 42 Pa.C.S.A. § 5326 Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos) Part VI. Actions, Proceedings and Other Matters Generally " OChapter 53. Bases of Jurisdiction and Interstate and International Procedure Refs & Annos " ASubchapter B. Interstate and International Procedure (Refs & Annos) a*§ 5326. Assistance to tribunals and litigants outside this Commonwealth with respect to depositions (a) General rule.--A court of record of this Commonwealth may order a person who is domiciled or is found within this Commonwealth to give his testimony or statement or to produce documents or other things for use in a matter pending in a tribunal outside this Commonwealth. The order may be made upon the application of any interested person or in response to a letter rogatory and may prescribe the practice and procedure, which may be wholly or in part the practice and procedure of the tribunal outside this Commonwealth, for taking the testimony or statement or producing the documents or other things. To the extent that the order does not prescribe otherwise, the practice and procedure shall be in accordance with that of the court of this Commonwealth.issuing the order. The order may direct that the testimony or statement be given, or document or other thing produced, before a person appointed by the court. The person appointed shall have power to administer any necessary oath. (b) Voluntary compliance.--A person within this Commonwealth may voluntarily give his testimony or statement or produce documents or other things for use in a matter before a tribunal outside this Commonwealth. CREDIT(S) 1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978. OFFICIAL COMMENT Source: Derived from act of May 5, 1921 (P.L. 374) (No. 175) (28 P.S. §§ 31 to 33). Patterned after Uniform Interstate and International Procedure Act, § 3.02. HISTORICAL AND STATUTORY NOTES Prior Laws: 1921, May 5, P.L. 374, No. 175, §§ 1 to 3 (28 P.S. §§ 31 to 33). 1860, March 29, P.L. 341, § 1 (17 P.S. § 1771). 1833, April 8, P.L. 305, §§ 18 to 21 (28 P.S. §§ 355 to 358). CROSS REFERENCES Acts of Assembly not suspended by Rules of Civil Procedure, see Pa.R.C.P. No. 4023. LIBRARY REFERENCES Pretrial Procedure x-154, Westlaw Topic No. 307A, C.J.S. Discovery§ 30, 35, 51 to 53. RESEARCH REFERENCES Forms 2 West's Pennsylvania Fonns '' 42:41, In Pennsylvania for Use in Proceedings Pending in Another State or Country--In General. Treatises and Practice Aids Goodrich-Amram 2d § 4023:1, Acts of Assembly Not Suspended, Generally. Goodrich-Amram 2d Rule 4020, Use of Depositions at Trial. Goodrich-Amram 2d Rule 4023, Acts of Assembly Not Suspended. Goodrich-Amram 2d Rule 4007. 1. Procedure in Deposition by Oral Examination. Goodrich-Amram 2d § 4007.1(F):1, Filing of Order for Assistance to Tribunals and Litigants Outside Pennsylvania With Respect to Depositions. Standard Pennsylvania Practice § 36:37, Taking of Deposition to Obtain Documents or Other Things Outside Pennsylvania. Standard Pennsylvania Practice § 34:148, In-State Deposition as to Matter Pending in Foreign Tribunal. 5 West's Pennsylvania Practice § 11:51, Discovery in Pennsylvania for Use in Proceedings Pending in Another State or Country--In General. NOTES OF DECISIONS Compelling attendance of witnesses 3 Construction and application 1 Examination of witnesses 6 Immunity 4 Letters rogatory 5 Subpoena duces tecum 2 1. Construction and application The court of common pleas had no power to authorize a commission appointed by a court of another state to issue a subpoena to compel witnesses to appear before him for oral examination, and to produce books and documents, where the commission issued contained no interrogatories, but authorized an oral examination of witnesses in general, without indicating question involved in litigation, or the scope or range of the purported examination, and where the commission did not authorize and compel the production of papers, and where their relevancy was not made to appear, and in view of 28 P. S. § § 6 to 8 (repealed), which permitted taking of depositions of witnesses out of state. Petition of Force, 108 A. 622, 265 Pa. 228, Sup. 1919. Pretrial Procedure a--63 Pursuant to this rule, a court may order a college to produce a student's records for use in a criminal proceeding in another jurisdiction. Com. v. McPherson, 28 Pa. D. & C.3d 699 1983. Records a:::,54 Neither 63 P.S. § 9.11a, nor this section, protects in Pennsylvania the confidentiality of information received by an accountant in the course of providing professional services in another state whose law does not protect the confidentiality of the communications. James Talcott, Inc. v. C.T.T. Corp., 14 Pa. D. & C.3d 204 (1980). Privileged Communications And Confidentiality <.-=405 28 P.S. § 31 et seq. (repealed) did not authorize the taking of testimony to be presented in a suit pending in another state prior to trial and joinder of issue where the witness was not an aged, infirm or going witness and there was present no cogent reason why the testimony may not have been taken at the trial of the issues. Universal. Moulded Products Corp. v. E. I. duPont deNemours & Co., 62 Pa. D. & C. 543 (1948). Pretrial Procedure .c: 62 Witness shall testify in same manner and by same process as employed for the purpose of taking testimony in proceedings pending in this state. Meaney v. Loew's Hotels, Inc., 26 Monroe L.R. 22, 1968. The Uniform Foreign Deposition Act, 28 P.S. § 31 et seq. (repealed) governed the right of the plaintiffs to compel the witness to testify. Meaney v. Loew's Hotels, Inc., 26 Monroe L.R. 22, 1968. When a citizen of this state begins an action in another state, against a corporation of this state, or a resident citizen, who could have been served in this state in the county of the plaintiff s residence, he cannot invoke the rule of comity to aid him in procuring depositions of witnesses resident in this state for use in the trial of the case in the foreign court. Doubt v. Pittsburg & Lake Erie R.R. Co., 19 C. C. 178; 6 Dist. 238, 44 Pitts. 270, 1897. 2. Subpoena duces tecum Where a subpoena duces tecum had been issued by the court under 28 P.S. § 31 . (repealed), but the court had no pleadings or any knowledge of the nature of the action pending in a foreign jurisdiction to which the present proceeding was ancillary, the court refused to order the inspection of documents until the moving party could establish in an appropriate manner that the documents he sought to inspect were relevant or would substantially aid in the preparation or trial of the foreign case. Chatinsicy v. Dubrow Electronics Industries, Inc., 27 Pa. D. & C.2d 486 (1962). Pretrial Procedure -407 Witness is not compelled to produce books and records under subpoena duces tecum in advance of trial, or testify in any other manner than he would be compelled to testify were proceedings pending in court of this state. Weil v. Heinz 25 Lack 305, 1924. A subpoena duces tecum might issue in a proper case to enforce a commission, if necessity is clearly shown. Arcadia Knitting Mills, Inc. v, Minowitz, 59 York 75, 53 Pa. D. & C. 399,21 Leh.L.J. 160 (1945). Where commission issued out of another state to take testimony in this state fails to define issues or to show witness's relation thereto, application for a subpoena duces tecum to enforce commission will be refused. Arcadia Knitting Mills, Inc. v. Minowitz, 59 York 75, 53 Pa. D. & C. 399, 21 Leh.L.J. 160 (1945). 3. Compelling attendance of witnesses A commissioner of another state has no power to enforce the attendance of witnesses by attachment; and the common pleas has no jurisdiction to issue an attachment to compel witnesses to appear before such a commissioner. Bliss v. Milholland, 26 C.C. 129, 10 Dist. 201, 7 Lack.L.N. 100, 1901; Simpler's Petition, 25 C.C. 81, 1901; Kotz v. Eilenberger, 9 C. C. 340, 1891; Robb's Petition, i Dist. 367, 1892. A Pennsylvania court without jurisdiction of the parties cannot compel witnesses to testify and produce books in this state before a commissioner of the court in which the foreign litigation is pending. Simpler's Petition, 25 C.C. 81, 1901. Where a commissioner appointed by a court of another state directs the taking of testimony of citizens of this state upon oral examination, directing also production of books and papers relating to the business of those witnesses, and the witnesses refuse to appear before the commissioner, the court of common pleas has no power to compel their attendance before the commissioner for oral examination and the production of books. Arcadia Knitting, Mills Inc. v. Minowitz, 59 York 75, 53 Pa. D. & C. 399, 21 Leh.L1 160 (1945) Pretrial Procedure d(-..- X70 When a commission is issued out of any state to take testimony of witnesses in this state, courts of this state may compel witnesses to attend and testify provided so doing will not subject them to a general inquisition. Arcadia Knitting Mills, Inc. v. Minowitz, 59 York 75, 53 Pa. D. & C. 399, 21 Leh.L,J. 160 (1945). 4. Immunity Where automobile passenger brought action in Philadelphia against operator of vehicle in which he was riding and also brought action in Canada against operator of other colliding vehicle, and operator of other vehicle, after Canadian action against him was dismissed, assertedly as part of a deal, appeared and testified in Philadelphia action for his own benefit and was served with process while in Pennsylvania, justice would not be served by postponing determination of his fault and he would not be granted immunity. Fahyv. Abattoir, 299 A.2d 323, 223 Pa.Soer. 185, Super.1972. Process 19 Immunity, on part of nonresident who is present locally only because he is a witness or party to litigation in the jurisdiction, is not privilege of individual but of court itself and exists so that business of court may be expedited and justice duly administered by insuring immunity to those who might not otherwise appear and whose attendance is necessary to proper trial of case. Fahy v. Abattoir, 299 A.2d 323, 223 Pa.Super. 185, Super. 1972. Process c:--7112 5. Letters rogatory When a commission is returned unexecuted, because of want of power in the commissioner to enforce the attendance of witnesses, letters rogatory will be issued. Buck v. Strong, 19 C.C. 174, 6 Dist. 116,39 W.N.C. 541, 1897; Wilkinson v. Starr, 16 W.N.C, 35, 1885. A petitioner for a commission or letters rogatory must show that the administration of justice will fail if the testimony is not compelled. Hoffinan v. Knight, 823 A.2d 202, Super.2003. Pretrial Procedure ;:.; 66 The interests of justice in general must require that a commission or letters rogatory be issued. Hoffman v. Knight, 823 A.2d 202; Super.2003. Pretrial Procedure ,f-_63 Attorney and law firm did not show that it was in the best interest of justice to issue a commission or letters rogatory to obtain testimony of out-of-state witness in medical malpractice action, where they did not show how witness's testimony related to their failure to advise health services corporation about need for amendment of contract, to file a claim with Board of Claims, to challenge finding's of medical examiner about prison inmate's death, or to commence proceedings to enjoin suspensions of osteopathic physician and health services corporation. Hoffman v. Knight, 823 A.2d 202, Super.2003. Pretrial Procedure s -- 65 Issuance of a commission or letters rogatory is not a matter of right. In re Mackarus' Estate 246 A.2d 661.431 Pa. 585, Sup.1968. Criminal Law 1cr.:627.2; Pretrial Procedure ?? =63 The court will not issue a commission or letters rogatory merely because it is in the best interests of petitioner; the interest of justice in general must require that the commission or letters rogatory be issued. In re Mackarus' Estate, 246 A.2d 661, 431 Pa. 585, Sup. 1968. Criminal Law x-,627.2 The courts of common pleas in this state will also receive letters rogatory from a foreign tribunal in civil cases, and enforce them according to their own prescribed methods of procedure, and by their proper and usual processes; but they will not enforce letters rogatory issued by any tribunal in a.criminal case. Zimmel's Case, 13 C.C. 460, 2 Dist. 624, 1893. The court will not inquire whether the letters rogatory are issued according to law and the practice of the court from whence they purport to come; but where such obj ection is made, they will give an opportunity to the party objecting, to apply to that tribunal to have them vacated. McKenzie's Case, 1 Clark 356, 2 Pars. 227, 1843. Where corporation of this state assigns to its vice-president claim against another local corporation and assignee brings suit upon it in court of another state, which issues letters rogatory to court of common pleas of county where both corporations have principal offices for purpose of taking testimony of officers and employees of defendant and having them produce books and papers belonging to it, and it is apparent to court that proceeding is mere fishing expedition, appointment of commissioner will be refused. MacEnulty Y, Carnegie Steel Co., 69 Pitts. 721, 1921. Letters rogatory will not be issued by the courts of this state, as a general rule, unless a commission will not prove effective. Bible House v. Gay,, 15 W.N.C.'271, 1884. 6. Examination of witnesses No general order to examine witnesses viva voce could be granted under 28 P.S. § 355 (repealed), but the examination thereunder had to be confined to stated questions filed in the court whence the letters proceeded, and attached to the letters rogatory; and an application would be refused unless accompanied by interrogatories filed in the foreign court and attached to the application. Doubt v. Pittsburg & Lake Erie R.R. Co., 19 C.C. 178, 6 Dist. 238; Doubt's Application, 44 Pitts. 270, 1897. Depositions taken on letters rogatory are taken according to the usual course of procedure of the court which executes them. Zimmel's Case, 13 C. C. 460, 2 Dist. 624, 1893. Depositions will not be rejected because the plaintiff s attorney was present when they were being taken, that being shown to be the usual procedure of the foreign court in such cases. Kuehling v. Leberman, 9 Phila. 160, 1873. 42 Pa.C.S.A. § 5326, PA ST 42 Pa.C.S.A. § 5326 Current through 2012 Regular Session Act 33 © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT PROOF OF SERVICE 2 3 4 5 6 7 I am employed in the County of Orange, State of California. I am over the age of 18 and not a parry to the within action; my business address is 3 Hutton Centre, Ninth Floor, Santa Ana, California 92707. On June 5, 2012, I served the foregoing document(s) entitled: COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA on the interested parties in this action by placing [ ] the original [X] a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [X] BY MAIL: I deposited such envelope in the mail at Santa Ana, California. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. [ ] BY FEDEX: I deposited such envelope at Santa. Ana, California for collection and delivery by Federal Express with delivery fees paid or provided for in accordance with ordinary business practices. I am "readily familiar" with the firm's practice of collection and processing packages for overnight delivery by Federal Express. They are deposited with a facility regularly maintained by Federal Express for receipt on the same day in the ordinary course of business. [ ] BY PERSONAL SERVICE: I caused such document to be delivered by hand to the aforementioned addressee. [ ] VIA E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. [ ] BY FACSIMILE: I transmitted the foregoing document by facsimile to the party(s) identified above by using the facsimile number(s) indicated. Said transmission(s) were verified as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 5, 2012, at Santa A C iforn4-- ?. ena Richards 1 2 3 4 5 6 7 8 9'. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Espejo et al. v. The Copley Press Inc. SDSC Case No. 37-2009-00082322-CU-OE-CTL (Consolidated with Case No. 37-2010-00085012-CU-OE-CTL) SERVICE LIST Camille A. Olson Counsel for Defendants SEYFARTH SHAW LLP The Copley Press, The San Diego Union- 131 South Dearborn Street, Suite 2400 Tribune, LLC, and Platinum Equity LLC Chicago, IL 60603 Tel: 312-460-5000 Fax: 312-460-7000 Email: colson@seyfarth.com David D. Kadue Counsel for Defendants Erik B. von Zeipel The Copley Press, The San Diego Union- SEYFARTH SHAW LLP Tribune, LLC, and Platinum Equity LLC 2029 Century Park East, Suite 3500 Los Angeles, CA 90067 Tel: 310-277-7200 Fax: 310-201-5219 Email: dkadue@seyfarth.com Email: evonzeipel@seyfarth.com Dean A. Martoccia Counsel for Defendants SEYFARTH SHAW LLP The Copley Press, The San Diego Union- 333 South Hope Street, Suite 3900 Tribune, LLC, and Platinum Equity LLC Los Angeles, CA 90071 Tel: 213-270-9600 Fax: 213-270-9601 Email: dmartoccia@seyfarth.com William J. Caldarelli Counsel for Defendants Marisa Janine-Page Break of Dawn Delivery Services Inc. and Caldarelli Hejmanowski & Page LLP Hada Enterprises, Inc. 12340 El Camino Real Suite 430 San Diego, CA 92130 Tel: 858-720-8080 Fax: 858-720-6680 Email: mjp@chplawfirm.com Raul Cadena Co-Counsel for Plaintiffs Cadena Churchill, LLP 701 B Street, Suite 1700 San Diego, CA 92101 Tel: (619) 546-0888 Fax: (619) 923-3208 Email: rcadena@cadenachurchill.com 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Espejo, Liliana, et al. Plaintiff File No. vs. The Copley Press, Inc. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wilson Gregory Agency, Inc. (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: SEE ATTACHMENT at Geiger & Loria Reporting, 2408 Park Drive, Harrisburg, PA 17110 (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: Kathleen Dunham/Sue Park, Callahan & Blaine, APLC ADDRESS: 3 Hutton Centre Drive, Ninth Floor Santa Ana, CA 92707 TELEPHONE: 714-241-4444 SUPREME COURT ID # ATTORNEY FOR: Plaintiffs Lilian Espejo, et al. BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy ATTACHMENT TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Espejo et al. v The Copley Press Inc., et al. San Diego Superior Court Case No. 37-2009-00082322 DEFINITIONS A. "YOU" and "YOUR" mean WILSON GREGORY AGENCY, INC., its related companies, its agents, attorneys, associates, employees, representatives, or any other person acting or purporting to act on its behalf. "YOU" and "YOUR" shall also mean and refer to any entities for which YOU have acted as an agent, or purport to have acted as an agent for. B. "DOCUMENT" or "DOCUMENTS" are intended to mean "documents and other tangible things" and shall include, without limitation, originals and copies (carbon, photographic, microfilm or otherwise) of all documents, correspondence, papers, agreements, memoranda, reports, notes, diaries, inter-office and/or intra-office corporate communications, email or other electronic communication, messages, telegrams, telex communications, letters, ledgers, photographs, pictures, drawings, sketches, analytical data, data sheets, video tapes, publications, catalog sheets or addenda, instructions, brochures, pamphlets, recordings (tape, disk, belt or any other type), invoices, work assignments, work records, worksheets, devices and any other writings, printed and/or typewritten matter, including drafts, or other physical objects in YOUR custody, care, possession, or control. The fact that information is contained in an electronic (as opposed to printed) form, such as on a hard drive or server, does not exclude the information from this definition. All forms of recorded information are covered by the term "DOCUMENTS." The term "DOCUMENTS" shall also be deemed to include all emails produced on every type of computer, including but not limited to a server, desktop, laptop, notebook, tablet, ultramobile PC or mobile telephone (commonly known as a cell or cellular phone), including, but not limited to all Blackberry, smartphones and all other mobile, cell and cellular telephones. Emails must be produced from both servers and individual workstations, as well as all web-based server email, and must include each individual workstation and user, and not simply "top-level" emails in email threads or strings. "DOCUMENTS" shall also include all attachments to emails. Production of duplicate copies of the same DOCUMENTS is requested only if the original or copies contain some material, handwritten or otherwise, that is not on the other copies or original. "DOCUMENTS" also means any evidence, statement, writing, original, duplicate, magnetic (including all computer records) as more fully defined in California Evidence Code sections 140, 250, 260, and 1550, respectively, including, but not limited to, business records as defined in California Evidence Code sections 1560, et seq., and personal records and drafts thereof. C. The terms "REFER TO," "REFLECT" and "RELATE TO" mean the having of any logical or factual connection, directly or indirectly, with the matter discussed, and shall mean and include any one or more of the following: constituting, evidencing, referring to, discussing, describing, concerning, mentioning, depicting, summarizing, involving, regarding, embodying, containing, pertaining to in any way, arising out of, or being in connection with, that subject. D. "COMMUNICATIONS" means the act or fact of communicating between or among any persons, including but not limited to, in-person conversations, telephone conversations, emails, text messaging, letters, memoranda, notes, flyers, messages, summaries, photographs, audiotapes, videotapes, or other materials or memorials of communication, meetings or occasions of joint or mutual presence, as well as transfer of any document or writing from one person to another. E. "PERSONS" means and refer to natural persons, firms, associations, organizations, partnerships, businesses, trusts, trustees, limited liability companies, corporations, or public entities. TIME PERIOD All of the below document requests encompass the time period from January 2005 to July 2007. THE RECORDS TO BE PRODUCED ARE DESCRIBED AS FOLLOWS: 1. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune. 2. All lists containing the names, and any other identifying information, of independent contractor newspaper carriers of The San Diego Union-Tribune. 3. All DOCUMENTS containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune. 4. All DOCUMENTS containing the names, and any other identifying information, of independent contractor newspaper carriers of The San Diego Union-Tribune. 5. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune whom YOU provided and/or obtained insurance for. 6. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune whom Aegis Security Insurance Company insured. 7. Any and all DOCUMENTS that REFER TO, REFLECT and/or RELATE TO The San Diego Union-Tribune independent contractor newspaper carriers that YOU provided and/or obtained insurance for. 8. Any and all DOCUMENTS that REFER TO, REFLECT and/or RELATE TO The San Diego Union-Tribune independent contractor newspaper carriers that Aegis Security Insurance Company provided insurance for. 9. All DOCUMENTS furnished by The San Diego Union-Tribune to YOU that REFER TO, REFLECT, and/or RELATE TO the independent contractor newspaper carriers of The San Diego Union-Tribune. 10. All DOCUMENTS that REFER TO, REFLECT, and/or RELATE TO any premiums paid for insurance for the independent contractor newspaper carriers of The San Diego Union-Tribune. 11. All DOCUMENTS provided to YOU by any PERSON that REFER TO, REFLECT and/or RELATE TO insurance YOU provided and/or obtained for independent contractor newspaper carriers of The San Diego Union-Tribune. 12. All DOCUMENTS provided to YOU by any PERSON that REFER TO, REFLECT and/or RELATE TO insurance Aegis Security Insurance Company provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 13. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO any Participation Agreements for The San Diego Union-Tribune Newspaper. 14. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO the Participation Agreement attached hereto as Exhibit A. 15. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO any Participation Agreements between YOU and The San Diego-Union Tribune. 16. All Participation Agreements involving the independent contractor newspaper carriers of The San Diego Union-Tribune. 17. All COMMUNICATIONS between YOU and The San Diego Union-Tribune that REFER TO, REFLECT and/or RELATE TO insurance provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 18. All COMMUNICATIONS between Aegis Security Insurance Company and The San Diego Union-Tribune that REFER TO, REFLECT and/or RELATE TO insurance provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 19. All COMMUNICATIONS between YOU and The Riggs National Bank N.A. of Washington, D.C. regarding insurance provided to independent contractor newspaper carriers of The San Diego Union-Tribune. 20. All COMMUNICATIONS between YOU and any PERSON that REFER TO, REFLECT and/or RELATE TO insurance YOU provided and/or obtained for independent contractor newspaper carriers of The San Diego Union-Tribune. 21. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union-Tribune. 22. All lists containing the names, and any other identifying information, of helpers of the independent contractor newspaper carriers of The San Diego Union-Tribune. 23. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO insurance provided by Aegis Security Insurance Company to helpers of independent contractor newspaper carriers of The San Diego Union-Tribune. 24. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union Tribune whom YOU provided and/or obtained insurance for. 25. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union Tribune whom Aegis Security Insurance Company provided and/or obtained insurance for. 26. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO Helper Insurance Enrollment Forms provided to YOU by independent contractor newspaper carriers for The San Diego Union-Tribune Newspaper. (An exemplar of a Helper Insurance Enrollment Form is attached hereto as Exhibit B). G:\C I ients\2968\2968-02\Discovery\Deposit ion Notices\Attachment to Subpoena Wilson Cnegory.wpd PROOF OF SERVICE 2 4 5 6 7 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 3 Hutton Centre, Ninth Floor, Santa Ana, California 92707. On June 19, 2012, I served the foregoing document(s) entitled: PETITION TO ISSUE FOREIGN SUBPOENA FOR BUSINESS RECORDS TO NON- PARTY, WILSON GREGORY AGENCY, INC. PURSUANT TO 42 Pa.C.S.A. §5326 on the interested parties in this action by placing [ ] the original [X] a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [X] BY MAIL: I deposited such envelope in the mail at Santa Ana, California. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course of business. I am aware that on motion of parry served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. (] BY FEDEX: I deposited such envelope at Santa Ana, California for collection and delivery by Federal Express with delivery fees paid or provided for in accordance with ordinary business practices. I am "readily familiar" with the firm's practice of collection and processing packages for overnight delivery by Federal Express. They are deposited with a facility regularly maintained by Federal Express for receipt on the same day in the ordinary course of business. [ ] BY PERSONAL SERVICE: I caused such document to be delivered by hand to the aforementioned addressee. [ ] VIA E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. [ ] BY FACSIMILE: I transmitted the foregoing document by facsimile to the party(s) identified above by using the facsimile number(s) indicated. Said transmission(s) were verified as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 19, 2012, at San a 'f?nia.? G Elena ichards Espejo et al. v. The Copley Press Inc. SDSC Case No. 37-2009-00082322-CU-OE-CTL (Consolidated with Case No. 37-2010-00085012-CU-OE-CTL) SERVICE LIST Camille A. Olson Counsel for Defendants SEYFARTH SHAW LLP The Copley Press, The San Diego Union- 131 South Dearborn Street, Suite 2400 Tribune, LLC, and Platinum Equity LLC Chicago, IL 60603 Tel: 312-460-5000 Fax: 312-460-7000 Email: colson@seyfarth.com David D. Kadue Counsel for Defendants Erik B. von Zeipel The Copley Press, The San Diego Union- SEYFARTH SHAW LLP Tribune, LLC, and Platinum Equity LLC 2029 Century Park East, Suite 3500 Los Angeles, CA 90067 Tel: 310-277-7200 Fax: 310-201-5219 Email: dkadue@seyfarth.com Email: evonzeipel@seyfarth.com Dean A. Martoccia Counsel for Defendants SEYFARTH SHAW LLP The Copley Press, The San Diego Union- 333 South Hope Street, Suite 3900 Tribune, LLC, and Platinum Equity LLC Los Angeles, CA 90071 Tel: 213-270-9600 Fax: 213-270-9601 Email: daoccia@seyfarth.com William J. Caldarelli Counsel for Defendants Marisa Janine-Page Break of Dawn Delivery Services Inc. and Caldarelli Hejmanowski & Page LLP Hada Enterprises, Inc. 12340 El Camino Real Suite 430 San Diego, CA 92130 Tel: 858-720-8080 Fax: 858-720-6680 Email: mjp@chplawfirm.com Raul Cadena Co-Counsel for Plaintiffs Cadena Churchill, LLP 701 B Street, Suite 1700 San Diego, CA 92101 Tel: 619-546-0888 Fax: 619-923-3208 Email: rcadena@cadenachurchill.com L. Michael Zinser Counsel for Wilson Gregory Agency, Inc. The Zinser Law Firm 414 Union Street, Suite 1200 Bank of America Plaza Nashville, Tennessee 37219 Tel: 615-244-9700 Fax: 615-244-9734 2 2 3 4 5 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALLAHAN & BLAINE A Professional Law Corporation Daniel J. Callahan (SBN 91490) Michael J. Sachs (SBN 134468) Kathleen L. Dunham (SBN 98653) Sue Y. Park (SBN 207624) 3 Hutton Centre Drive, Ninth Floor Santa Ana, California 92707 (714) 241-4444 / (714) 241-4445 [FAX] CADENA CHURCHILL, LLP Raul Cadena (SBN 185787) Nicole R. Roysdon (SBN 262237) 701 "B" Street, Suite 1700 San Diego, CA 92101 (619) 546-0888/ (619) 923-3208 [FAX] Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO LILIANA ESPEJO, an individual; ARTURO VALDERRAMA, an individual; GENARO VALDERRAMA, an individual; VIVIANA ZARSOZA MERCADO, an individual; JUAN CASILLAS, an individual; FELIPE GUZMAN GARCIA, an individual; ADRIANA VASQUEZ, an individual; on their own behalf and on behalf of all others similarly situated, Plaintiffs, Superior Court of the State of California, County of San Diego Case No. 37-2009- 00082322-CU-OE-CTL [Consolidated with Case No. 37-2010-00085012-CU-OE-CTL] NOTICE OF INTENT TO SERVE SUBPOENA FOR BUSINESS RECORDS TO NON-PARTY, WILSON GREGORY AGENCY, INC. PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE, RULE 4009.21 vs. THE COPELY PRESS INC., a Corporation, d/b/a The San Diego Union Tribune; PLATINUM EQUITY LLC; THE SAN DIEGO UNION-TRIBUNE LLC; PROJECT JEWEL HOLDINGS, LLC; BREAK OF DAWN DELIVERY SERVICES, INC., a California Corporation; HADA ENTERPRISES INC., a California Corporation; TROY PELKY & ASSOCIATES DISTRIBUTION, INC., a California Corporation; and DOES 1 through 50, inclusive, Defendants. NOTICE OF INTENT TO SERVE SUBPOENA I , TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Plaintiffs LILIANA ESPEJO, ARTURO VALDERRAMA, GENARO VALDERRAMA, VIVIANA ZARSOZA MERCADO, JUAN CASILLAS, FELIPE GUZMAN GARCIA, and ADRIANA VASQUEZ, on their own behalf and on behalf of all others similarly situated intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Dated: June 19, 2012 CALLAHAN & BLAINE, APLC By: Michael Sachs T? thleea L. Dunham Su@.Y.'Park Attorneys for Plaintiffs 11 G:\Clients\2968\2968-02\Discovery\Notice of Intent to Serve Subpoena to Wilson Gregory.wpd 2 NOTICE OF INTENT TO SERVE SUBPOENA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Espejo, Liliana, et al. Plaintiff File No. vs. The Copley Press, Inc. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wilson Gregory Agency, Inc. (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: SEE ATTACHMENT at Geiger & Loria Reporting, 2408 Park Drive, Harrisburg, PA 17110 (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: Kathleen Dunham/Sue Park, Callahan & Blaine, APLC ADDRESS: 3 Hutton Centre Drive, Ninth Floor Santa Ana, CA 92707 TELEPHONE: 714-2414444 SUPREME COURT ID # ATTORNEY FOR: Plaintiffs Lilian Espejo, et al. BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy ATTACHMENT TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Espejo et al. v The Copley Press Inc., et al. San Diego Superior Court Case No. 37-2009-00082322 DEFINITIONS A. "YOU" and "YOUR" mean WILSON GREGORY AGENCY, INC., its related companies, its agents, attorneys, associates, employees, representatives, or any other person acting or purporting to act on its behalf. "YOU" and "YOUR" shall also mean and refer to any entities for which YOU have acted as an agent, or purport to have acted as an agent for. B. "DOCUMENT" or "DOCUMENTS" are intended to mean "documents and other tangible things" and shall include, without limitation, originals and copies (carbon, photographic, microfilm or otherwise) of all documents, correspondence, papers, agreements, memoranda, reports, notes, diaries, inter-office and/or intra-office corporate communications, email or other electronic communication, messages, telegrams, telex communications, letters, ledgers, photographs, pictures, drawings, sketches, analytical data, data sheets, video tapes, publications, catalog sheets or addenda, instructions, brochures, pamphlets, recordings (tape, disk, belt or any other type), invoices, work assignments, work records, worksheets, devices and any other writings, printed and/or typewritten matter, including drafts, or other physical objects in YOUR custody, care, possession, or control. The fact that information is contained in an electronic (as opposed to printed) form, such as on a hard drive or server, does not exclude the information from this definition. All forms of recorded information are covered by the term "DOCUMENTS." The term "DOCUMENTS" shall also be deemed to include all emails produced on every type of computer, including but not limited to a server, desktop, laptop, notebook, tablet, ultramobile PC or mobile telephone (commonly known as a cell or cellular phone), including, but not limited to all Blackberry, smartphones and all other mobile, cell and cellular telephones. Emails must be produced from both servers and individual workstations, as well as all web-based server email, and must include each individual workstation and user, and not simply "top-level" emails in email threads or strings. "DOCUMENTS" shall also include all attachments to emails. Production of duplicate copies of the same DOCUMENTS is requested only if the original or copies contain some material, handwritten or otherwise, that is not on the other copies or original. "DOCUMENTS" also means any evidence, statement, writing, original, duplicate, magnetic (including all computer records) as more fully defined in California Evidence Code sections 140, 250, 260, and 1550, respectively, including, but not limited to, business records as defined in California Evidence Code sections 1560, et seq., and personal records and drafts thereof. C. The terms "REFER TO," "REFLECT" and "RELATE TO" mean the having of any logical or factual connection, directly or indirectly, with the matter discussed, and shall mean and include any one or more of the following: constituting, evidencing, referring to, discussing, describing, concerning, mentioning, depicting, summarizing, involving, regarding, embodying, containing, pertaining to in any way, arising out of, or being in connection with, that subject. D. "COMMUNICATIONS" means the act or fact of communicating between or among any persons, including but not limited to, in-person conversations, telephone conversations, emails, text messaging, letters, memoranda, notes, flyers, messages, summaries, photographs, audiotapes, videotapes, or other materials or memorials of communication, meetings or occasions of joint or mutual presence, as well as transfer of any document or writing from one person to another. E. "PERSONS" means and refer to natural persons, firms, associations, organizations, partnerships, businesses, trusts, trustees, limited liability companies, corporations, or public entities. TIME PERIOD All of the below document requests encompass the time period from January 2005 to July 2007. THE RECORDS TO BE PRODUCED ARE DESCRIBED AS FOLLOWS: 1. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune. 2. All lists containing the names, and any other identifying information, of independent contractor newspaper carriers of The San Diego Union-Tribune. 3. All DOCUMENTS containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune. 4. All DOCUMENTS containing the names, and any other identifying information, of independent contractor newspaper carriers of The San Diego Union-Tribune. 5. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune whom YOU provided and/or obtained insurance for. 6. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune whom Aegis Security Insurance Company insured. 7. Any and all DOCUMENTS that REFER TO, REFLECT and/or RELATE TO The San Diego Union-Tribune independent contractor newspaper carriers that YOU provided and/or obtained insurance for. 8. Any and all DOCUMENTS that REFER TO, REFLECT and/or RELATE TO The San Diego Union-Tribune independent contractor newspaper carriers that Aegis Security Insurance Company provided insurance for. 9. All DOCUMENTS furnished by The San Diego Union-Tribune to YOU that REFER TO, REFLECT, and/or RELATE TO the independent contractor newspaper carriers of The San Diego Union-Tribune. 10. All DOCUMENTS that REFER TO, REFLECT, and/or RELATE TO any premiums paid for insurance for the independent contractor newspaper carriers of The San Diego Union-Tribune. 11. All DOCUMENTS provided to YOU by any PERSON that REFER TO, REFLECT and/or RELATE TO insurance YOU provided and/or obtained for independent contractor newspaper carriers of The San Diego Union-Tribune. 12. All DOCUMENTS provided to YOU by any PERSON that REFER TO, REFLECT and/or RELATE TO insurance Aegis Security Insurance Company provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 13. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO any Participation Agreements for The San Diego Union-Tribune Newspaper. 14. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO the Participation Agreement attached hereto as Exhibit A. 15. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO any Participation Agreements between YOU and The San Diego-Union Tribune. 16. All Participation Agreements involving the independent contractor newspaper carriers of The San Diego Union-Tribune. 17. All COMMUNICATIONS between YOU and The San Diego Union-Tribune that REFER TO, REFLECT and/or RELATE TO insurance provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 18. All COMMUNICATIONS between Aegis Security Insurance Company and The San Diego Union-Tribune that REFER TO, REFLECT and/or RELATE TO insurance provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 19. All COMMUNICATIONS between YOU and The Riggs National Bank N.A. of Washington, D.C. regarding insurance provided to independent contractor newspaper carriers of The San Diego Union-Tribune. 20. All COMMUNICATIONS between YOU and any PERSON that REFER TO, REFLECT and/or RELATE TO insurance YOU provided and/or obtained for independent contractor newspaper carriers of The San Diego Union-Tribune. 21. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union-Tribune. 22. All lists containing the names, and any other identifying information, of helpers of the independent contractor newspaper carriers of The San Diego Union-Tribune. 23. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO insurance provided by Aegis Security Insurance Company to helpers of independent contractor newspaper carriers of The San Diego Union-Tribune. 24. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union Tribune whom YOU provided and/or obtained insurance for. 25. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union Tribune whom Aegis Security Insurance Company provided and/or obtained insurance for. 26. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO Helper Insurance Enrollment Forms provided to YOU by independent contractor newspaper carriers for The San Diego Union-Tribune Newspaper. (An exemplar of a Helper Insurance Enrollment Form is attached hereto as Exhibit B). G:\Clients\2968\2968-02\Discovery\Deposition Notices\Attachment to Subpoena Wilson Gregory.wpd PROOF OF SERVICE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 3 Hutton Centre, Ninth Floor, Santa Ana, California 92707. On June 19, 2012, I served the foregoing document(s) entitled: NOTICE OF INTENT TO SERVE SUBPOENA FOR BUSINESS RECORDS TO NON-PARTY, WILSON GREGORY AGENCY, INC. PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE, RULE 4009.21 on the interested parties in this action by placing [ ] the original [X] a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST [X] BY MAIL: I deposited such envelope in the mail at Santa Ana, California. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. [ ] BY FEDEX: I deposited such envelope at Santa Ana, California for collection and delivery by Federal Express with delivery fees paid or provided for in accordance with ordinary business practices. I am "readily familiar" with the firm's practice of collection and processing packages for overnight delivery by Federal Express. They are deposited with a facility regularly maintained by Federal Express for receipt on the same day in the ordinary course of business. [ ] BY PERSONAL SERVICE: I caused such document to be delivered by hand to the aforementioned addressee. [ ] VIA E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. [ ] BY FACSIMILE: I transmitted the foregoing document by facsimile to the party(s) identified above by using the facsimile number(s) indicated. Said transmission(s) were verified as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 19, 2012, at Santa Zac or nia. nhards Espejo et al. v. The Copley Press Inc. SDSC Case No. 37-2009-00082322-CU-OE-CTL (Consolidated with Case No. 37-2010-00085012-CU-OE-CTL) SERVICE LIST Camille A. Olson Counsel for Defendants SEYFARTH SHAW LLP The Copley Press, The San Diego Union- 131 South Dearborn Street, Suite 2400 Tribune, LLC, and Platinum Equity LLC Chicago, IL 60603 Tel: 312-460-5000 Fax: 312-460-7000 Email: colson@seyfarth.com David D. Kadue Counsel for Defendants Erik B. von Zeipel The Copley Press, The San Diego Union- SEYFARTH SHAW LLP Tribune, LLC, and Platinum Equity LLC 2029 Century Park East, Suite 3500 Los Angeles, CA 90067 Tel: 310-277-7200 Fax: 310-201-5219 Email:dkadue@seyfarth.com Email: evonzeipel@seyfarth.com Dean A. Martoccia Counsel for Defendants SEYFARTH SHAW LLP The Copley Press, The San Diego Union- 333 South Hope Street, Suite 3900 Tribune, LLC, and Platinum Equity LLC Los Angeles, CA 90071 Tel: 213-270-9600 Fax: 213-270-9601 Email: daoccia@seyfarth.com William J. Caldarelli Counsel for Defendants Marisa Janine-Page Break of Dawn Delivery Services Inc. and Caldarelli Hejmanowski & Page LLP Hada Enterprises, Inc. 12340 El Camino Real Suite 430 San Diego, CA 92130 Tel: 858-720-8080 Fax: 858-720-6680 Email: mjp@chplawfirm.com Raul Cadena Co-Counsel for Plaintiffs Cadena Churchill, LLP 701 B Street, Suite 1700 San Diego, CA 92101 Tel: 619-546-0888 Fax: 619-923-3208 Email: rcadena@cadenachurchill.com L. Michael Zinser Counsel for Wilson Gregory Agency, Inc. The Zinser Law Firm 414 Union Street, Suite 1200 Bank of America Plaza Nashville, Tennessee 37219 Tel: 615-244-9700 Fax: 615-244-9734 2 0 .0 V lrT<-- CD ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address); YIV V?V JY FOR COURT USEONLY -Kathleen L. Dunham (SBN 98653) CALLAHAN & BLAINE, APLC 3 Hutton Centre Drive, Ninth Floor Santa Ana, CA 92707 TELEPHONENO.:714-241-4444 FAX NO.(optronat):714-241-4445 E-MAIL ADDRESS(Optione): kdunham@Ca11ahan-law. com ATTORNEY FOR Nama : P 1 a int i f f y SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO STREET ADDRESS: 220 West Broadway MAILING ADDRESS: CITYANDZIPCODE: San Diego, CA 92101 BRANCH NAME: CENTRAL COURTHOUSE SHORTTITLE: Espejo et al, v. The Copley Press Inc. , et al. COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA CASE NUMBER: XC? ORDERED BY COURT = ISSUED BY THE CLERK OF THE COURT 37.2009-00082322-CU-OE-CTL 1. The Superior Court of California hereby authorizes the deposition, upon oral examination, of (identity of deponent): The Custodian of Records of Wilson Gregory Agency, Inc., 2309 Market Street, Camp Hill, PA 17011 [RECORDS ONLY - NO APPEARANCE] 2. The deposition is to be taken in (state of the United States, territory, or insular possession subject to ifs jurisdiction): GEIGER & LORIA REPORTING, 2408 PARK DRIVE, HARRISBURG, PENNSYLVANIA 17110 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 held, and who is not otherwise disqualified under California Code of Civil Procedure sections 2025.320 and 2025.340(b)-(f); or b. X? Before (name of appointee): GEIGER & LORIA REPORTING 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 depootion are C] 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: 7 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. GONZALO CURIEL Date: 0Vlylj L f ® Judge OR 0 Clerk, by rcrm npprovea tor Lvvanal use Judicial Council of California DISC-030 (New January 1, 2008) COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA Deputy Page 1 of 1 Code Clv. Proc., § 2028.010(f) 0. 0 ATTACHMENT 4 ATTACHMENT 4 TO COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA (RECORDS ONLY) . Espejo et at v The Copley Press Inc., et al. San Diego Superior Court Case No. 37-2009-00082322 DEFINITIONS A. "YOU" and "YOUR" mean WILSON GREGORY AGENCY, INC., its related companies, its agents, attorneys, associates, employees, representatives, or any other person acting or purporting to act on its behalf. "YOU" and "YOUR" shall also mean and refer to any entities for which YOU have acted as an agent, or purport to have acted as an agent for. B. "DOCUMENT" or "DOCUMENTS" are intended to mean "documents and other tangible things" and shall include, without limitation, originals and copies (carbon, photographic, microfilm or otherwise) of all documents, correspondence, papers, agreements, memoranda, reports, notes, diaries, inter-office and/or intra-office corporate communications, email or other electronic communication, messages, telegrams, telex communications, letters, ledgers, photographs, pictures, drawings,. sketches, analytical data, data sheets, video tapes, publications, catalog sheets or addenda, instructions, brochures, pamphlets, recordings (tape, disk, belt or any other type), invoices, work assignments, work records, worksheets, devices and any other writings, printed and/or typewritten matter, including drafts, or other physical objects in YOUR custody, care, possession, or control. The fact that information is contained in an electronic (as opposed to printed) form, such as on a hard drive or server, does not exclude the information from this definition. All forms of recorded information are covered by the term "DOCUMENTS." The term "DOCUMENTS" shall also be deemed to include all emails produced on every type of computer, including but not limited to a server, desktop, laptop, notebook, tablet, ultramobile PC or mobile telephone (commonly known as a cell or cellular phone), including, but not limited. io all Blackberry, smartphones and all other mobile, cell and cellular telephones. Emails must be produced from both servers and individual workstations, as well as all web-based server email, and must include each individual workstation and user, and not simply "top-level" emails in email threads or strings. "DOCUMENTS" shall also include all attachments to emails. Production of duplicate copies of the same DOCUMENTS is requested only if the original or copies contain some material, handwritten or otherwise, that is not on the other copies or original. "DOCUMENTS" also means any evidence, statement, writing, original, duplicate, magnetic (including all computer records) as more fully defined in California Evidence Code sections 140, 250, 260, and 1550, respectively, including, but not limited to, business records as defined in California Evidence Code sections 1560, et seq., and personal records and drafts thereof. C. The terms "REFER TO," "REFLECT" and "RELATE TO" mean the having of any logical or factual connection, directly or indirectly, with the matter discussed, and shall mean and include any one or more of the following: constituting, evidencing, referring to, discussing, describing, concerning, mentioning, depicting, summarizing, involving, regarding, embodying, containing, pertaining to in any way, arising out of, or being in connection with, that subject. D. "COMMUNICATIONS" means the act or fact of communicating between or among any persons, including but not limited to, in-person conversations, telephone conversations, emails, text messaging, letters, memoranda, notes, flyers, messages, summaries, photographs, audiotapes, videotapes, or other materials or memorials of communication, meetings or occasions of joint or mutual presence, as well as transfer of any document or writing from one person to another. E. "PERSONS" means and refer to natural persons, firms, associations, organizations, partnerships, businesses, trusts, trustees, limited liability companies, corporations, or public entities. TIME PERIOD All of the below document requests encompass the time period from January 2005 to July 2007. THE RECORDS TO BE PRODUCED ARE DESCRIBED AS FOLLOWS: I . All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune, 2. All lists containing the names, and any other identifying information, of independent contractor newspaper carriers of The San Diego Union-Tribune. 3. All DOCUMENTS containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune. 4. All DOCUMENTS containing the names, and any other identifying information, of independent contractor newspaper carriers of The San Diego Union-Tribune. 5. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune whom YOU provided and/or obtained insurance for. 6. All lists containing the names of independent contractor newspaper carriers of The San Diego Union-Tribune whom Aegis Security Insurance Company insured. 7. Any and all DOCUMENTS that REFER TO, REFLECT and/or RELATE TO The San Diego Union-Tribune independent contractor newspaper carriers that YOU provided and/or obtained insurance for. • 0 8. Any and all DOCUMENTS that REFER TO, REFLECT and/or RELATE TO The San Diego Union-Tribune independent contractor newspaper carriers that Aegis Security Insurance Company provided insurance for. 9. All DOCUMENTS furnished by The San Diego Union-Tribune to YOU that REFER TO, REFLECT, and/or RELATE TO the independent contractor newspaper carriers of The San Diego Union-Tribune. 10. All DOCUMENTS that REFER TO, REFLECT, and/or RELATE TO any premiums paid for insurance for the independent contractor newspaper carriers of The San Diego Union-Tribune. 11. All DOCUMENTS provided to YOU by any PERSON that REFER TO, REFLECT and/or RELATE TO insurance YOU provided and/or obtained for independent contractor newspaper carriers of The San Diego Union-Tribune. 12. A11 DOCUMENTS provided to YOU by any PERSON that REFER TO, REFLECT and/or RELATE TO insurance Aegis Security Insurance Company provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 13. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO any Participation Agreements for. The San Diego Union-Tribune Newspaper. 14. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO the Participation Agreement attached hereto as Exhibit A. 15. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO any Participation Agreements between YOU and The San Diego-Union Tribune. 16. All Participation Agreements involving the independent contractor newspaper carriers of The San Diego Union-Tribune. 17. All COMMUNICATIONS between YOU and The San Diego Union-Tribune that REFER TO, REFLECT and/or RELATE TO insurance provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 18. All COMMUNICATIONS between Aegis Security Insurance Company and The San Diego Union-Tribune that REFER TO, REFLECT and/or RELATE TO insurance provided for independent contractor newspaper carriers of The San Diego Union-Tribune. 19. All COMMUNICATIONS between YOU and The Riggs National Bank N.A. of Washington; D.C. regarding insurance provided to independent contractor newspaper carriers of The San Diego Union-Tribune. 20. All COMMUNICATIONS between YOU and any PERSON that REFER TO, REFLECT and/or RELATE TO insurance YOU provided and/or obtained for independent contractor newspaper carriers of The San Diego Union-Tribune. 21. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union-Tribune. 22. All lists containing the names, and any other identifying information, of helpers of the independent contractor newspaper carriers of The San Diego Union-Tribune. 23. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO insurance provided by Aegis Security Insurance Company to helpers of independent contractor newspaper carriers of The San Diego Union-Tribune. 24. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union Tribune whom YOU provided and/or obtained insurance for. 25. All lists containing the names of helpers of the independent contractor newspaper carriers of The San Diego Union Tribune whom Aegis Security Insurance Company provided and/or obtained insurance for. 26. All DOCUMENTS that REFER TO, REFLECT and/or RELATE TO Helper Insurance Enrollment Forms provided to YOU by independent contractor newspaper carriers for The San Diego Union-Tribune Newspaper. (An exemplar of a Helper Insurance Enrollment Form is attached hereto as Exhibit B). 0:\Clients\296812968-02\DiscoverylDeposition NoticeMttachment 4 to Commission Wilson Gregory Subpoena,wpd ATTACHMENTS ATTACHMENT 5 TO COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA (RECORDS ONLY) Espejo et al. v. The Copley Press Inc., et al. San Diego Superior Court Case No. 37-2009-00082322 42 Pa.C.S.A. § 5326 Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos) Part VI. Actions, Proceedings and Other Matters Generally " IWChapter 53. Bases of Jurisdiction and Interstate and International Procedure Refs & Annos " MSubchapter B. Interstate and International Procedure (Refs & Annos) *§ 5326. Assistance to tribunals and litigants outside this Commonwealth with respect to depositions (a) General rule.--A court of record of this Commonwealth may order a person who is domiciled or is found within this Commonwealth to give his testimony or statement or to produce documents or other things for use in a matter pending in a tribunal outside this Commonwealth. The order may be made upon the application of any interested person or in response to a letter rogatory and may prescribe the practice and procedure, which may be wholly or in part the practice and procedure of the tribunal outside this Commonwealth, for taking the testimony or statement or producing the documents or other things. To the extent that the order does not prescribe otherwise, the practice and procedure shall be in accordance with that of the court of this Commonwealth. issuing the order. The order may direct that the testimony or statement be given, or document or other thing produced, before a person appointed by the court. The person appointed shall have power to administer any necessary oath. (b) Voluntary compliance.--A person within this Commonwealth may voluntarily give his testimony or statement or produce documents or other things for use in a matter before a tribunal outside this Commonwealth. CREDIT(S) 1976, July 9, P.L, 586, No. 142, § 2, effective June 27, 1978. OFFICIAL COMMENT • • Source: Derived from act of May 5, 1921 (P.L. 374) (No. 175) (28 P.S. §§ 31 to 33). Patterned after Uniform Interstate and International Procedure Act, § 3.02. HISTORICAL AND STATUTORY NOTES Prior Laws: 1921, May 5, P.L. 374, No. 175, §§ 1 to 3 (28 P.S. §§ 31 to 33). 1860, March 29, P.L. 341, § 1 (17 P.S. § 1771). 1833, April 8, P.L. 305, §§ 18 to 21 (28 P.S. §§ 355 to 358). CROSS REFERENCES Acts of Assembly not suspended by Rules of Civil Procedure, see Pa.R.C.P. No. 4023. LIBRARY REFERENCES Pretrial Procedure c-154. Westlaw Topic No. 307A. C.J.S. Discovery 30, 3-5, 51 to 53, RESEARCH REFERENCES Forms 2 West's Pennsylvania Forms § 42.41, In Pennsylvania for Use in Proceedings Pending in Another State or Country--In General. Treatises and Practice Aids Goodrich-Amram 2d § 4023: 1, Acts of Assembly Not Suspended, Generally. Goodrich-Amram 2d Rule 4020, Use of Depositions at Trial. Goodrich-Amram 2d Rule 4023, Acts of Assembly Not Suspended. Goodrich-Amram 2d Rule 4007. 1, Procedure in Deposition by Oral Examination. Goodrich-Ainram 2d § 4007 1 F)• 1 Filing of Order for Assistance to Tribunals and Litigants Outside Pennsylvania With Respect to Depositions. Standard Pennsylvania Practice & 36.37, Taking of Deposition to Obtain Documents or Other Things Outside Pennsylvania. • • Standard Pennsylvania Practice 4 34148, In-State Deposition as to Matter Pending in Foreign Tribunal. 5 West's Pennsylvania Practice § 11:51, Discovery in Pennsylvania for Use in Proceedings Pending in Another State or Country--In General. NOTES OF DECISIONS Compelling attendance of witnesses 3 Construction and application 1 Examination of witnesses 6 Immunity 4 Letters rogatory 5 Subpoena duces tecum 2. 1. Construction and application The court of common pleas had no power to authorize a commission appointed by a court of another state to issue a subpoena to compel witnesses to appear before him for oral examination, and to produce books and documents, where the commission issued contained no interrogatories, but authorized an oral examination of witnesses in general, without indicating question involved in litigation, or the scope or range of the purported examination, and where the commission did not authorize and compel the production of papers, and where their relevancy was not made to appear, and in view of 28 P. S. § § 6 to 8 (repealed), which permitted taking of depositions of witnesses out of state. Petition of Force, 108 A. 622, 265 Pa 228, Sup. 1919. Pretrial Procedure ow-63 Pursuant to this rule, a court may order a college to produce a student's records for use in a criminal proceeding in another jurisdiction. Com. v. McPherson, 28 Pa D & Q .3d 699 1983. Records a:=::,54 ^T Neither 63 P. S. & 9.11 a, nor this section, protects in Pennsylvania the confidentiality of information received by an accountant in the course of providing professional services in another state whose law does not protect the confidentiality of the communications. James Talcott, Inc. v. C.I.T Corp 14 Pa D & C .3d 204 (1980). Privileged Communications And Confidentiality x,-4405 28 P.S. § 31 et seq. (repealed) did not authorize the taking of testimony to be presented in a suit pending in another state prior to trial and joinder of issue where the witness was not an aged, infirm or going witness and there was present no cogent reason why the testimony may not have been taken at the trial of the issues. Universal Moulded Products Corp. v. E. I. duPont deNe_mours & Co., 62 Pa. D. & C 543 (1948). Pretrial Procedure 62 Witness shall testify in same manner and by same process as employed for the purpose of taking testimony in proceedings pending in this state. Meanev v. Loew's Hotels Inc. 26 Monroe L.R. 22. 1968. The Uniform Foreign Deposition Act, 28 F.S. § 31 et seq. (repealed) governed the right of the plaintiffs to compel the witness to testify. Meanev v. Loew's Hotels Inc 26 Monroe L.R. 22, 1968. When a citizen of this state begins an action in another state, against a corporation of this state, or a resident citizen, who could have been served in this state in the county of the plaintiffs residence, he cannot invoke the rule of comity to aid him in procuring depositions of witnesses resident in this state for use in the trial of the case in the foreign court. Doubt v. Pittsburg & Lake Erie R.R. Co., 19 C.C. 178; 6 Dist. 238, 44 Pitts. 270, 1897. 2. Subpoena duces tecum Where a subpoena duces tecum had been issued by the court under 28 P.S. § 31 (repealed), but the court had no pleadings or any knowledge of the nature of the action pending in a foreign jurisdiction to which the present proceeding was ancillary, the court refused to order the inspection of documents until the moving party could establish in an appropriate manner that the documents he sought to inspect were relevant or would substantially aid in the preparation or trial of the foreign case. Chatinsky v. Dubrow Electronics Industries, Inc. 27 Pa D & C .2d 486 (1962). Pretrial Procedure =.,.---407 Witness is not compelled to produce books and records under subpoena duces tecum in advance of trial, or testify in any other manner than he would be compelled to testify were proceedings pending in court of this state. Weil v. Heinz, 25 Lack. 305 1924, A subpoena duces tecum might issue in a proper case to enforce a commission, if necessity is clearly shown. Arcadia Knitting Mills, Inc,-..v, Minowitz 59 York 7553 Pa D. & C. 399, 21 Leh.L.J 160 (1945). Where commission issued out of another state to take testimony in this state fails to define issues or to show witness's relation thereto, application for a subpoena duces tecum to enforce commission will be refused. Arcadia Knitting Mills Inc v Minowitz 59 York 75, 53 Pa. D & C. 399, 21 Leh.L.J. 160 (1945). 3. Compelling attendance of witnesses A commissioner of another state has no power to enforce the attendance of witnesses by attachment; and the common pleas has no jurisdiction to issue an attachment to compel witnesses to appear before such a commissioner. Bliss v. Milholland, 26 C.C. 129, 10 Dist. 201, 7 Lack.L.N. 100. 1901; Simpler's Petition, 25 C.C. 81, 1901; Kotz v. Eilenberger, 9 C.C. 340, 1891; Robb's Petition, 1 Dist. 367, 1892. 0 0 A Pennsylvania court without jurisdiction of the parties cannot compel witnesses to testify and produce books in this state before a commissioner of the court in which the foreign litigation is pending. Simpler's Petition, 25 C.C. 81, 1901. Where a commissioner appointed by a court of another state directs the taking of testimony of citizens of this state upon oral examination, directing also production of books and papers relating to the business of those witnesses, and the witnesses refuse to appear before the commissioner, the court of common pleas has no power to compel their attendance before the commissioner for oral examination and the production of books. Arcadia Knitting Mills Inc. v. Minowitz 59 York 75, 53 Pa D & C 3.99 21 Leh L J 160 1945. Pretrial Procedure ;G--70 When a commission is issued out of any state to take testimony of witnesses in this state, courts of this state may compel witnesses to attend and testify provided so doing will not subject them to a general inquisition. Arcadia Knitting Mills, Inc. v. Minowitz 59 York 75, 53 Pa. D. & C. 399 21 Leh,L,J. 160 (1945), 4. Immunity Where automobile passenger brought action in Philadelphia against operator of vehicle in which he was riding and also brought action in Canada against operator of other colliding vehicle, and operator of other vehicle, after Canadian action against him was dismissed, assertedly as part of a deal, appeared and testified in Philadelphia action for his own benefit and was served with process while in Pennsylvania, justice would not be served by postponing determination of his fault and he would not be granted immunity. Fahy v. Abattoir, 299 A.2d 323 223 Pa.Su eb r 185, Super. 1972, Process ,l 19 Immunity, on part of nonresident who is present locally only because he is a witness or party to litigation in the jurisdiction, is not privilege of individual but of court itself and exists so that business of court may be expedited and justice duly administered by insuring immunity to those who might not otherwise appear and whose attendance is necessary to proper trial of case. Fahy v. Abattoir, 299 A.2d 323, 223 Pa Super 185, Super. 1972. Process ( #112 5. Letters rogatory When a commission is returned unexecuted, because of want of power in the commissioner to enforce the attendance of witnesses, letters rogatory will be issued. Buck v. Strong, 19 C.C. 174, 6 Dist. 116, 39 W.N.C. 541, 1897; Wilkinson v. Starr, 16 W.N.C. 35, 1885. A petitioner for a commission or letters rogatory must show that the administration of justice will fail if the testimony is not compelled. Hoffman v. Knight, 823 A.2d 202, Super.2003. Pretrial Procedure l-:.:,=66 • • The interests of justice in general must require that a commission or letters rogatory be issued. Hoffman v. Knight, 823 A.2d 202, Super.2003. Pretrial Procedure .,.:,.63 Attorney and law firm did not show that it was in the best interest of justice to issue a commission or letters rogatory to obtain testimony of out-of-state witness in medical malpractice action, where they did not show how witness's testimony related to their failure to advise health services corporation about need for amendment of contract, to file a claim with Board of Claims, to challenge finding's of medical examiner about prison inmate's death, or to commence proceedings to enjoin suspensions of osteopathic physician and health services corporation. Hoffman v. Knight 823 A.2d 202, Super.2003. Pretrial Procedure i 7i65 Issuance of a commission or letters rogatory is not a matter of right. In re Mackarus' Estate, 246 A.2d 661, 431 Pa. 585, Sup.1968. Criminal Law o>. 627.2; Pretrial Procedure ,t=-63 The court will not issue a commission or letters rogatory merely because it is in the best interests of petitioner; the interest of justice in general must require that the commission or letters rogatory be issued. In re Mackarus' Estate, 246 A.2d 661, 431 Pa 585, Sup. 1968. Criminal Law_w•=627.2 The courts of common pleas in this state will also receive letters rogatory from a foreign tribunal in civil cases, and enforce them according to their own prescribed methods of procedure, and by their proper and usual processes; but they will not enforce letters rogatory issued by any tribunal in a.criminal case. Zimmel's Case, 13 C.C. 460, 2 Dist. 624, 1893. The court will not inquire whether the letters rogatory are issued according to law and the practice of the court from whence they purport to come; but where such objection is made, they will give an opportunity to the party objecting, to apply to that tribunal to have them vacated. McKenzie's Case, 1 Clark 356, 2 Pars. 227, 1843. Where corporation of this state assigns to its vice-president claim against another local corporation and assignee brings suit upon it in court of another state, which issues letters rogatory to court of common pleas of county where both corporations have principal offices for purpose of taking testimony of officers and employees of defendant and having them produce books and papers belonging to it, and it is apparent to court that proceeding is mere fishing expedition, appointment of commissioner will be refused. MacEnulty v. Carnegie Steel Co., 69 Pitts. 721, 1921. Letters rogatory will not be issued by the courts of this state, as a general rule, unless a commission will not prove effective. Bible House v. Gay, 15 W.N.C.*271, 1884. 6. Examination of witnesses No general order to examine witnesses viva voce could be granted under 28 P.S. § 355 (repealed), but the examination thereunder had to be confined to stated questions filed in the court whence the letters proceeded, and attached to the letters rogatory; and an application would be refused unless accompanied by interrogatories filed in the foreign court and attached to the application. Doubt v. Pittsburg & Lake Erie R.R. Co., 19 C.C. 178, 6 Dist. 238; Doubt's Application, 44 Pitts. 270, 1897. Depositions taken on letters rogatory are taken according to the usual course of procedure of the court which executes them. Zimmel's Case, 13 C. C. 460, 2 Dist. 624, 1893. Depositions will not be rejected because the plaintiff s attorney was present when they were being taken, that being shown to be the usual procedure of the foreign court in such cases. Kuehling v. Leberman, 9 Phila. 160, 1873. 42 Pa.C.S.A. § 5326, PA ST 42 Pa.C.S.A. § 5326 Current through 2012 Regular Session Act 33 © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT • PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 3 Hutton Centre, Ninth Floor, Santa Ana, California 92707. On June 5, 2012,1 served the foregoing document(s) entitled: COMMISSION TO TAKE DEPOSITION OUTSIDE CALIFORNIA on the interested parties in this action by placing [ ] the original [X] a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [X] BY MAIL: I deposited such envelope in the mail at Santa Ana, California. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. [ ] BY FEDEX: I deposited such envelope at Santa. Ana, California for collection and delivery by Federal Express with delivery fees paid or provided for in accordance with ordinary business practices. I am "readily familiar" with the firm's practice of collection and processing packages for overnight delivery by Federal Express. They are deposited with a facility regularly maintained by Federal Express for receipt on the same day in the ordinary course of business. [ ] BY PERSONAL SERVICE: I caused such document to be delivered by hand to the aforementioned addressee. [ ] VIA E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. [ ] BY FACSIMILE: I transmitted the foregoing document by facsimile to the party(s) identified above by using the facsimile number(s) indicated. Said transmission(s) were verified as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 5, 2012, at Santa A C if=4 Mena Richards r? • Espejo et al. v. The Copley Press Inc. SDSC Case No. 37-2009-00082322-CU-OE-CTL (Consolidated with Case No. 37-2010-00085012-CU-OE-CTL) SERVICE LIST u 6 n 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Camille A. Olson Counsel for Defendants SEYFARTH SHAW LLP The Copley Press, The San Diego Union- 131 South Dearborn Street, Suite 2400 Tribune, LLC, and Platinum Equity LLC Chicago, IL 60603 Tel: 312-460-5000 Fax: 312-460-7000 Email: colson@seyfarth.com David D. Kadue Counsel for Defendants Erik B, von Zeipel The Copley Press, The San Diego Union- SEYFARTH SHAW LLP Tribune, LLC, and Platinum Equity LLC 2029 Century Park East, Suite 3500 Los Angeles, CA 90067 Tel: 310-277-7200 Fax: 310-201-5219 Email: dkadue@seyfarth.com Email: evonzeipel@seyfarth.com Dean A. Martoccia Counsel for Defendants SEYFARTH SHAW LLP The Copley Press, The San Diego Union- 333 South Hope Street, Suite 3900 Tribune, LLC, and Platinum Equity LLC Los Angeles, CA 90071 Tel: 213-270-9600 Fax: 213-270-9601 Email: dmartoccia@seyfarth.com William J. Caldarelli Counsel for Defendants Marisa Janine-Page Caldarelli Hejmanowski & Page LLP Break of Dawn Delivery Services Inc. and Hada Enterprises, Inc. 12340 El Camino Real Suite 430 San Diego, CA 92130 Tel: 858-720-8080 Fax: 858-720-6680 Email: mjp@chplawfirm.com Raul Cadena Cadena Churchill, LLP Co-Counsel for Plaintiffs 701 B Street, Suite 1700 San Diego, CA 92101 Tel: (619) 546-0888 Fax: (619) 923-3208 Email: rcadena@cadenachurchill.com 2 Kathleen L. Dunham CALLAHAN & BLAINE 3 Hutton Centre Drive, Ninth Floor Santa Ana, CA 92707 714-241-4444 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA. LILIANA ESPEJO, et al v. 4 e(VIr THE COPLEY PRESS, INC., et al ORDER 1'? AND NOW, this jl day of 113?j 2012, it appearing that twenty days (20) has passe since Plaintiff delivered Notice of Intent to Issue Subpoena to Defendant on 7Q4L 14 20F and Plaintiff has otherwise complied with Rule 4009.21 et seq. and Certificate Notice has been of the PETITION FOR ISSUANCE OF FOREIGN SUBPOENA is hereby GRANTED. BY THE COURT: c 3"" N -IrM C= Part-, c? 3> :? ?_ The -n r- M CF C'-: rr,