Loading...
HomeMy WebLinkAbout04-6240DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller I.D. No. 02740 By: Marie H. Kramer I.D. No. 77539 By: Jodi Dyan Britton I.D. No. 93587 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19034 (215) 836-1100 JOHN DOE, Plaintiff PHILIP MORRIS INCORPORATED, ("PHILIP MORRIS U.S.A.) : R. J. REYNOLDS TOBACCO COMPANY, : LORILLARD TOBACCO COMPANY, and : BROWN AND WILLIAMSON TOBACCO CORP.: Individually and as Successor to THE : AMERICAN TOBACCO COMPANY, : Defendants : Attorneys for Defendant/Petitioner, R. J. Reynolds Tobacco Company · PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY PETITION FOR ISSUANCE OF A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS Pursuant to Pennsylvania Rule of Civil Procedure 234.1 and 42 Pennsylvania Consolidated Statutes Annotated §5326, the issuance of a subpoena is requested on the following grounds: 1. Petitioner is R.J. Reynolds Tobacco Company, above-named defendant in an action currently pending filed by plaintiff, John Doe, pending in the Circuit Court of the 11th Judicial Circuit For Miami-Da& County, Florida. A tree and correct copy of the Complaint in this lawsuit, redacted by counsel, is attached hereto as Exhibit "A." 2. Pursuant to an order entered by the 11th Judicial Circuit For Miami-Da& County, the court granted in part plaintiff's Motion to Change Name to "John Doe" Status. A true and correct copy of the Court's Order, redacted by counsel, is attached hereto as Exhibit "B." 3. Counsel for all parties has agreed that the subpoenas in this case will not use Mr. Doe's real name, however, the subpoenas will include Mr. Doe's social security number and date of birth for identification. 4. Petitioner, by its Florida counsel, seeks a subpoena to produce documents and things to the person/entity named below: Records Custodian Commonwealth Reporting Company, Inc. 700 Lisbum Rd. Camp Hill, PA 17011 5. The subpoena shall direct each entity to produce the documents requested on Exhibit "B" attached hereto. True and correct copies of the proposed subpoena and attachment are attached hereto as Exhibit "C." 6. A commission for the issuance has been entered. A true and correct certified copy of the order appointing this commission is attached hereto as Exhibit "D." 7. Petitioner requires the issuance of a subpoena by this Court to compel the production of documents. WHEREFORE, Petitioner requests that this Court order the issuance of a subpoena directed to the person/entity named in paragraph four (4) of this Petition. Date: Respectfully submitted, DALLER GREENBERG & DIETRICH, LLP DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller I.D. No. 02740 By: Marie H. Kramer I.D. No. 77539 By: Jodi Dyan Britton I.D. No. 93587 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19034 (215) 836-1100 JOHN DOE, Plaintiff PHILIP MORRIS INCORPORATED, ("PHILIP MORRIS U.S.A.) R. J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO COMPANY, and BROWN AND WILLIAMSON TOBACCO CORP. Individually and as Successor to THE AMERICAN TOBACCO COMPANY, Defendants Attorneys for Defendant/Petitioner, R. J. Reynolds Tobacco Company COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT Local Counsel for Defendant/Petitioner, being duly sworn according to law, deposes and says that she is the attorney for the Defendant/Petitioner; that she is authorized to make this Affidavit on its behalf; and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, informatj, on and belief. ~ , ~ Lk~ocal Counsa~l for Defendant/Petitioner, R.J. Reynolds Tobacco Company Sworn to and subscribed beforxe me this/~ Z~ay of ~d;c"~'c..-d~x_~ 2004. Notary .rGI~oNwE,,AL'rH OF PENNSYLVANIA My Comrr iss]on Expff~o~ ,s~ My ~ Explres .Oct, 2, 2008 Member, Pennsylvania Association Of Notaries CERTIFICATE OF SERVICE I, Jodi Dyan Britton, hereby certify that a true and correct copy of the Petition for Issuance of a Subpoena was served upon the below-named counsel by U.S. mail, postage prepaid, on ~,~/} O ,2004. Steven K. Hunter, Esquire Oliver Ruiz, Esquire Angones, Hunter, McClure, Lynch & Williams, P.A. 9th Floor, Concord Building 66 West Flagler Street Miami, FL 33130 Counsel for Plaintiffs Andrew Seenath, Esquire Shook, Hardy & Bacon LLP 2400 Miami Center 201 South Biscayne Boulevard Miami, FL 33131-4332 Counsel for Philip Morris Incorporated and Lorillard Tobacco Co. Douglas J. Chumbley, Esquire Carlton Fields, P.A. 4000 Bank of America Tower 100 S.E. Second Street Miami, FL 33131 Counsel for R.J. Reynolds Tobacco Company Marlene Silverman, Esquire Greenberg, Traurig, Hoffman, et al. 1221 Brickell Avenue Miami, FL 33131 Counsel for Lorillard Tobacco Company Julie Feigeless, Esquire Adorno & Hoss, P.A. 2601 South Bayshore Drive, Suite 1600 Miami, FL 33131 Counsel for Brown & Williamson Tobacco Corporation, individually and as Successor by Merger to the American Tobacco Company Craig R. Proctor, Esquire Shook, Hardy & Bacon LLP One Kansas City Place 1200 Main Street Kansas City, MO 64105 Counsel for Philip Morris USA, Inc. Exhibit "A" IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: Plaintiff, PHILIP MORRIS INCORPORATED, ("PHILIP MORRIS U.S.A."), R. J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO CO., and BROWN & WILLIAMSON TOBACCO CORP., Individually and as Successor to the AMERICAN TOBACCO COMPANY, Defendants. COMPI ~,INT ORIGINAL' FILED AU0 15 2OOO IiARV~ RU?IN The Plaintiff,~ues the Defendants, PHILIP MORRIS INCORPORATED, ("PHILIP MORRIS U.S.A.'); R,J, REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO CO.; and BROWN & WILLIAMSON TOBACCO CORP. on its own behalf and as successor to THE AMERICAN TOB/~CCO COMPANY, hereinafter collectively referred to as the "Settling Defendants", and alleges as follows: JURISDICTION AND ID~=NTIFICATION OF TH~= PARTIr=$ 1. This is an action for damages in excess of Fifteen Thousand ($15,000) Dollars, the minimum jurisdictional requirement of this Cou_rt, exclusive of in~emst and costs. LAW OFFICES ANGONE$, HUNTER. M~Uf~, LYNCH & Wife, P,A 2. This actbn is filed pursuant to the Settlement Agreement of October 9, 1997 between the Settling Defendants, Philip Morris Incorporated, ("Philip Morris U.S.A."); R.J. Reynolds Tobacco Company, Lorillard Tobacco Co.; and Brown & Williamson Tobacco Corp. on its own behalf and as successor to The Amedcan Tobacco Company and the Broin Class, in Case No. 91-49738 CA (22), Eleventh ,Judicial Circuit In and for Dade County, Florida. 3. Pursuant to the terms of tl~e Settlement Agreement, as approved and affirmed by the trial and appellate Courts, Plaintiff is bringing his Retained Claim for compensatory damages in Dade County, Florida, where the Settling Defendants have agreed and stipulated that venue and jurisdiction shall be proper in the Eleventh Judicial Circuit. 4. Plaintiff~a non-smoker, has worked as a flight attendant for U.S. Airways from 1978 until present. The plaintiff has suffered in the past and continues to suffer from chronic sinusitis, cadmium in tissue (nasal disease) and other related illnesses caused from his ongoing exposure to second hand smoke in airline cabins. 5. Pursuant to the terms of the Settlement Agreement: With respect to any Retained Claims seeking damages on account of lung cancer, chronic bronchitis, emphysema, chronic obstructive pulmonary disease or chronic sinusitis, brought by a member of the class or his or her suwivor, the burden of proof as to whether environmental tobacco smoke (ETS) can cause one of the above-described '~liseases (general causation), shall be borne by the Settling Defendants and the Jury shall be so instructed... LAW OFFICF. S .,'~.,Of, IES, F~I,,q',fTER, klcCt. U~., LYNCH& Wlt. UN~S, P.A. 0TH FLO0~ ~ BUILglN~. ee WEST .RAOLER,STREET, Ml~kg, FL 33130 · (305) 371.5~00 e F~ ~ 371~ ~.o 6. Pursuant to the Settlement Agreement, the Settling Defendants have waived all defenses of the statutes of limitation and repose for a period of one year from the final approval of the Settlement Agreement, on September 7, 1999. ~OUNT I Cl AIM AGAINST SETTLING DFFFNDANT$ FOR STRICT I IABIi ITY IN TORT 7. The Settling Defendants are strictly liable in tort to the Plaintiff by virtue of the following: (a) Said Settling Defendants manufactured, sold and distributed cigarettes in a defective state. The cigarettes manufactured, distributed and sold by said Settling Defendants were unreasonably dangerous to bystanders who would be in or around the vicinity of the cigarette smoke. The cigarettes were manufactured defectively and were unreasonably dangerous at the time the cigarettes left the manufacturers' possession. (b) The cigarettes manufactured by these Seffiing Defendants were expected to and did reach the ultimate user/consumer without any ohanges in the product and caused permanent and serious harm to the Plaintiff who was an innocent bystander that inhaled the cigarette smoke. © The cigarettes were manufactured by these Settling Defendants in an unreasonably dangerous condition in that the cigarettes poisoned the user/smoker as well as Plaintiff who was in the smoker's Immediate vicinity. (d) The cigarettes were manufactured, and sold by said Settling Defendants in a defective and dangerous condition because of the following: (I) Settling Defendants failed to design, manufacture, LAW OFF~..,E$ ~TH P,,.OOR. CONCOflD.BUILDING, ~.WE$]'.fl. AGI.EB.,~TRI:~I', I&AMI, FL .~ ~) ~71 ~ e F~ ~ B71 ~ 3. distribute and sell a cigarette that would not pollute the immediate environment of the smoker so as to not cause the Plaintiff serious risks of harm; (ii), Settling Defendants failed to warn Plainliff or any members of the public that passive exposure to cigarette smoke exposed Plaintiff to serious health hazards; (iii), Settling Defendants failed to Instruct employers of the Plaintiff, i.e., the airline companies, that cigarette smoking by passengers would expose a flight attendant to an unreasonable risk of harm over a period of time. 8. As a direct and proximate cause of Settling Defendants' defective product, Plaintiff~ has suffered in the past and continues to suffer from chronic sinusitis, cadmium in tissue (nasal disease) and other related illnesses, including a reasonable fear of contracting smoke at the workplace. cancers in the future, due to his exposure to cigarette COUNT II CLAIM AGAINST SETTLING DEFENDANTS FOR BREACH OF IMPUED WARRANTY OF M~=RCHANTABII ITY AND FITNI=SS 9. At all times material the Settling Defendants were in the business of manufacturing, distributing and selling cigarettes throughout the United States and the world. 10. Said Settling Defendants impliedly warranted that cigarettes were merchantable and fit for the ordinary purposes for which they'were intended, as a recreational activity with a specified risk to the smoker and no risk to innocent bystanders. 11. These Seffiing Defendants breached the implied merchantability in that cigarettes were manufactured, and sold that did indeed expose innocent bystanders to an LAW OFFICES ANGONE8, HUNTER, MeCLURE, LYHCH & WILMAMS, PA. ~ ~ gTH FL.OO~ CONCO~ 6LffLDIHG. 66 WEST FLAGLER STREET, MIAHI, I~ ~11~0 · (305) 371~ · F~ ~) 371~ 4,. unreasonable risk of harm from inhaling cigarette smoke in an enclosed area such as a work environment, 12, The Plaintiff was a foreseeable Innocent bystander and victim of cigarette smoke. 13. The cigareffes were defective when they were transferred from these Settling Defendants to the smokers. 14. The Settling Defendants, by placing on the market dangerous and poisonous products for use and consumption and by inducing and promoting and encouraging the use of these poisonous products, undertake a special responsibility towards the consuming public and particularly innocont third party bystanders who are injured by this dangerous product, Including the Plaintiff herein. t5. The Settling Defendants as manufacturers, distributors and sellers of cigarettes, impliedly warranted that the cigarettes were fit for the ordinary purposes for which they were intended and would not expose innocent third persons to serious illnesses from inhalation of cigarette smoke. 16. These Seffling Defendants breached the implied warranty of fitness described above in that the Plaintiff has sustained serious illnesses from inhaling cigarette smoke. 17. As a proximate and direct result of Settling Defendants' breach of implied warranties of merchantability and fitness, the Plaintiff has suffered serious and permanent injuries. LAW OFFICES ANGONE$, HUNTER, McCLURE. LYNCH & WtI.LIAM$. PA eTN FLOOR. CONCORD BUILOING. ~ WEST RAGLER STREET. MLN~I, R. ~313O e (3OS) 3?I~ e F~ (~) 3?I~ 5. COUNT III Ci ~.IM AGAINST SI=TTI lNG Dr:FFNDANT$ FOR Nr:GLIGr:NCl= 18. At all times material hereto, the Settling Defendants manufactured, distributed and sold cigarettes and knew or should have known that people in the immediate vicinity of cigarette users would inhale the smoke and be exposed to an unreasonable risk of harm. 19. At all times material hereto the Seffiing Defendants knew or should have known that their cigarettes were inherently defective, ultra hazardous, deleterious, poisonous and otherwise harmful to smokers and to those persons in the immediate vicinity of the cigarette smoke. 20. At all times material hereto the Plaintiff did not know, and could not have known that he was exposing himself to an unreasonable risk of harm, including lung cancer by inhaling cigarette smoke while working as a flight attendant. Said Settling Defendants were negligent in one or more of the 21. following ways: (a) Settling Defendants manufactured, produced, sold and supplied cigarettes and in the exercise of reasonable diligence should have known that cigarettes were defective, dangerous, hazardous, poisonous and otherwise harmful to the human respiratory system of non-smokers who were in the immediate vicinity of the smoke; (b) Settling Defendants failed to take any re. asonable precau, tions or exercise reasonable care to adequately or sufficiently warn the Plaintiff or his employers or the public of the risks and dangers to which he was exposed from inhaling cigarette L~W OFFICES ANC-.-.-.-.-.-.-.-.~NES, HUNTER. M(X~URE, LYNCH & WILLIAMS, PA 6TH FLOOR, CONCORD BUILDING, ee WEST FLAGLER STREET. MIAMI, FL. 33t 30 · (306) 371-6000 e FAX (305) 371~ (~, smoke while working as a flight attendant; and took actions to prolong the plaintiffs cabin/years exposure to Environmental Tobacco Smoke. © Settling Defendants failed to provide Plaintiff with information available to the Settling Defendants of the health risks involved in being in the immediate vicinity of cigarette smoke; (d) Settling Defendants failed to remove and recall their products from the marketplace upon learning that cigarettes were poisonous and caused serious illnesses to cigarette smokers and those in the vicinity of the cigarette smoke. 22. As a direct and proximate result of Settling Defendants' negligence, the Plaintiff has been seriously Injured. ¢, ,UMS 23. As a direct and proximate result of the conduct of these Settling Defendants, under theories of strict liability in tort, breach of implied warranties of merchantability and fitness and negligence, Plaintiff has in the past suffered and Mil in the future continue to suffer the following damages: (a) aedi y injury; (b) pain and suffering; © disability; (d) disfigurement; (e) loss of capacity for the enjoyment of life; (f) medical care and expenses including expenses for physicians care, hospital care, medications, medical apparatus, custodial care and nursing care; ~W OFFICES ANC.,ONE$, HUNTER, 14¢Ct, URE, LYNCH & WII.LIAMS, PA 0TH FI.OO~ ~ BUILOII~IG, 66 WEST FI.a~I~I.EI~ STRF.~E~. M01J~l, FL 33t30 e (~05) 371-~000 ® FAX (305) 3714~ '~ · (g) (h) loss of wage earning capacity; mental anguish, Including a reasonable fear of contracting cancers in the future. WHEREFORE, Plaintiff~demands judgment against Defendants Philip Morris Incorporated, ("Philip Morris U.S.A."); R.J. Reynolds Tobacco Company, Lorillard Tobacco Co.; and Brown & Williamson Tobacco Corp. on its own behalf and as Successor to The AmeriCan Tobacco Company, for all damages recoverable under Florida law, Court costs and demands trial by jury of all issues triable as of right by a jury. CFRTIFICATF OF SI::RVICI:: I HEREBY CERTIFY that a true and correct copy of the Complaint was sewed by Certified Mall pursuant to the Settlement Agreement this 14th day of August, 2000 to Jeffrey Furr, Esquire, Womble Ca~yle Sandridge & RIce,PLLC, 200 West Second Street, Suite 1600, Winston Salem, North Carolina 27102, who is accepting service on behalf of all Settling Defendants. ANGONES, HUNTER, McCLURE, LYNCH & WILLIAMS, P.A. 9th Floor, Concord Building 66 West Flagler Street Miami, FL 33130 By: '~ ST/EVEN K. HUNTER Attorney for Plaintiff LAW OFFICES ANGONES, HUNTER. I/~CLURE. LYNCH & WILLIAMS. PA 9TH FLOOR. CONCORD BUILDING, ~ WEST FLAGLER STREET, MIAMI, FI. 33130 · (305) 371 -..~OO0 · FAX (305) 371.3948 Exhibit "B" JOHN DOE, Plaintiff, PHILIP MORRIS INCORPORATED {"PHILIP MORRIS U.S.A."), R3. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO CO., and BROWN & WILLIAMSON TOBACCO CORP., Individually and as Successor to the AMERICAN TOBACCO COMPANY, Defendants. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL cIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL ~t/RISDICTION DIVISION CASE NO.: 00-19829 CA 08 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO CHANGE NAME TO "JOHN DOE" STATUS THIS MATTER came before the Court on August 6, 2003, on Plaintiff's Motion to Change Name to "John Doe" Status 0he "Motion"). Having reviewed the Motion, having heard argument of counsel and being otherwise duly advised in the premises thereof, it is hereby: ORDERED and ADJUDGED that the Motion is granted in part and denied in part as follows: 1. The style of this case shall be changed to: John Doe v. Philip Morris Incorporated. et al. This ruling does not apply retroactively. CASE NO.: 00-19829 CA 08 2. Other than the style of the case as set forth in paragraph one above, Plaintiff's request that all references to him in this matter be under the pseudonym of "John Doe" is denied without prejudice. 3. Defendants do not need to change and/or redact Plaintiff's name from any medical records, transcripts, exhibits or other documents in their possession, produced to third parties or filed with the Court. Defendanl~ and their wimesses do not need to use the "John Doe" designation to refer to Plaintiff during depositions, hearings or any other proceeding. 4. The Court defers on ruling regarding the conduct of the trial. DONE and ORDERED in Chambers, at Miami-Dade County, Florida, this day of September, 2003. SEP ~ '~ 2093 ~ :". . '. . cmcurr COU T mDGE GISELA CARDONNE ELY' Copies furnished to: Ail counsel on the attached Service List CASE NO.: 00-19829 CA 08 SERVICE LIST ~V. PHILIP MORRIS, INC., ET AL. Case No. 00*19829 CA 08 Steven K. Hunter, Esq. Oliver Ruiz, Esq. Angones, Hunter, M¢Clure, Lynch, Williams & Garcia, P.A. 9m Floor, Concord Building 66 West Flagler Street Miami, FL 3313O Counsel for Plnintiff lulie Feigeles, Esq. Adomo & Yoss, P.A. 2601 S. Bayshore Drive Suite 1600 Miami, FL 33131 Counsel for Brown & WflHamson Tobacco Corp., individually and as successor by merger to the American Tobacco Company Craig R. Proctor, Esq. Shook, Hardy & Bacon LLP One Kansas City Place 1200 Main Street Kansas City, Missouri 64105 Counsel for Philip Morris USA Inc. Andrew Seenath, Esq. Shook, Hardy & Bacon LLP 2400 Miami Center 201 S. Biscayne Boulevard Miami, FL 33131 Counsel for Philip Morris USA Inc. Douglas L Chumbley, Esq. Carlton Fields, P.A. 4000 Bank of America Tower 100 S.E. 2'~ Stregt Miami, FL 33131 Counsel for Defendant ILJ. Reynolds Tobacco Company Marlcno Silvcrman, Esq. Dawn Beighey, Esq. Greenberg, Traurig, P.A. 1221 Brickell Avenue Miami, FL 33131 Counsel for Lorillard Tobacco Company Miami3/68 i 907 3 ~0 0 m 0 Exhibit "C" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Doe RoJ . ve Reynolds File No. : Tobacco Company . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commonwealth Reporting Company, 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 Exhibit "B" at 700 Lisburn Road, Camp Hill, Pennsylvania 17011 (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 Jodi D. Britton, Esquire Address: 161 Washington Street, Suite 900 Conshohocken, PA 19428 Telephone: 215-836-1100 Supreme Court ID # 93587 Attorney For: R.J. Reynolds Tobacco Company BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eft. 7/97) EXHIBIT B The entirety of all recorded information, written or otherwise, from every available source within your custody, including active and archived files, database files, file folder, and every other document, report memorandum, notation or record, whether complete or incomplete, preliminary or final. Every document and record of any type is to be produced without any exceptions, deletions, abridgements, redactions, or withholding; including but not limited to: Complete copies of all workers' compensation transcripts of plaintiff.' "John Doe" Date of Birth: 10/19/53 SSN#: 301-54-1559 You are also instructed to provide the original records or other materials for comparison to the copies produced. If you do not have the above records, you are instructed to provide a statement indicating that you do not have such records in your possession. Exhibit "D" IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 00-19829 CA 08 JOHN DOE, Plaintiff, Vo PHILIP MORRIS INCORPORATED, ("PHILIP MORRIS U.S.A."), R.J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO CO., and BROWN & WILLIAMSON TOBACCO CORP., Individually and as Successor to THE AMERICAN TOBACCO COMPANY, Defendants. AGREED ORDER APPOINTING COMMISSIONER FOR ISSUANCE OF SUBPOENA DUCES TECUM FOR DEPOSITION IN PENNSYLVANIA THIS CAUSE having come on before the Court upon the Defendant, R.J. Reynolds Tobacco Company's Motion for Order Appointing Commissioner for Issuance of Subpoena Duces Tecum for Deposition regarding Plaintiff, John Doe. Being advised that Plaintiff's counsel has no objection to said motion, and the Court being fully advised, it is hereby: ORDERED AND ADJUDGED 1. R.J. Reynolds Tobacco Company's Motion for Order Appointing Commissioner for Issuance of Subpoena Duces Tecum for Deposition is GRANTED. 2. Daller, Greenberg & Dietrich, LLP, 8 Tower Bridge, 161 Washington Street, Conshohocken, PA 19428-2060, a law firm in and for thc State of Pennsylvania, is hereby ~A tRUE coP~ I~tVE¥ ~Vla, CLF.~K CASE NO.: 00-19829 CA 08 appointed by this Court as Commissioner to request and procure the issuance of a subpoena duces tecum from the appropriate Court of the State of Pennsylvania to compel the attendance of the following named wimess for deposition and to compel this wimess to produce at said deposition the records and documents designated in such subpoena duces tecum, and to have said subpoena duces tecum returnable to Daller, Greenberg & Dietrich, LLP, 8 Tower Bridge, 161 Washington Street, Conshohoeken, PA 19428-2060: Records Custodian Commwealth Reporting Company, Inc. 700 Lisburn Rd. Camp Hill, PA 17011 DONE AND ORDERED in Chambers at MiamioDade County, Florida this /~-day of ~ 2004. STATE OF FLOR D,'~, COUNTY OF DADE ,,-'t~: .... :4.. I 14F..RF.~' CERTIFY that the h)regl~n~ is ~ true and correct co~J HARVEY RUVIN Clerk, of Cj~:efLr*Tnd,.County Com':ts '.~ ~. Deputy Copies furnished to all Counsel on attached Service List SERVICE LIST John Doe v. Philip Morris, Inc., et al. Case No. 00-19829 CA 08 Steven K. Hunter, Esq. Oliver Ruiz, Esq. Hunter, Williams & Lynch, P.A. 8th Floor - Concord Building 66 West Flagler Street Miami, Florida 33130 Phone: 305-371-1404 Fax: 305-371-1307 Counsel for Plaintiff Julie Feigeles, Esq. Adorno & Yoss, P.A. 2601 South Bayshore Drive, Suite 1600 Miami, Florida 33131 Phone: 305-860-7052 Fax: 305-250-7110 Counsel for Brown & Williamson Tobacco Corp., individually and as Successor by merger to the American Tobacco Company Craig R. Proctor, Esq. Shook, Hardy & Bacon LLP 2555 Grand Boulevard Kansas City, Missouri 64108-2613 Phone: 816-474-6550 Fax: 816-421-5547 Counsel for Philip Morris USA Inc. Andrew Seenath, Esq. Shook, Hardy & Bacon L.L.P. 2400 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131-4332 Phone: 305-358-5171 Fax: 305-358-7470 Counsel for Philip Morris USA Inc. Marlene Silverman, Esq. Greenberg, Traurig, Hoffman, et al. 1221 Brickell Avenue Miami, Florida 33131 Phone: 305-579-0500 Fax: 305-789-5373 Counsel for Lorillard Tobacco Co. Douglas J. Chumbley, Esq. Carlton Fields, P.A. 4000 Bank of America Tower 100 S.E. Second Street Miami, Florida 33131 Phone: 305-530-0050 Fax: 305-530-0055 Counsel for R. J. Reynolds Tobacco Company MIA#2240779.1 DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaHer LD. No. 1882 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1100 Attorneys for Defendant, RJ. Reynolds Tobaccco Company COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN DOE v. NO. 04-6240 RJ. REYNOLDS TOBACCO COMPANY CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the undersigned certifies that: 1) a notice of intent to serve the subpoena with a copy ofthe subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served; 2) a copy of the notice of intent, including the proposed subpoena is attached to this certificate; 3) no objections to the subpoena have been received; and 4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: iJ o;J"",,"5- DALLER GREENBERG & DIETRICH, LLP By:A~"""'" 0' ~ Attorney for Defendant, R.I. Reynolds Tobacco Company, Inc. . . -DALLER GREENBERG .DIETRICH llP lAw Offica December 23, 2004 Eighl TowuBrIdge 161 WoshIlJ&IOD SIU<t. Suite 900 eonshohock<o. PA 19428-2060 Tdq>ho.. 215 836 1100 Facsimile 215 836 2M5 Morton F. O.Uer 2158361882 Steven K. Hunter, Esquire Angones, Hunter, McClure, Lynch & Williams, P.A. 9th Floor, Concord Building 66 West Flager Street Miami, FL 33130 Ubc:rtyView 457 Haddoolidd -. Sutte 120 Chmy Hill, N] lllOO2-2223 Tdq>ho.. 856188 0173 Facsimilt 856188 5645 Re: John Doe v. Philip Morris, et aI. Case No. 00-19829CA08, Dade County, FL, 11th Circuit Case No_ 04-6240, CCP, Cumberland County, P A Our File #430192 Dear Mr. Hunter: Enclosed please find a Notice of Intent to Serve a Subpoena tu Produce Documents and Things fur Discovery Pursuant to Pennsylvania Rule 4009.22, directed to the Custodian of Records for Commonwealth Reporting Company, Inc. If you have no objection to this subpoena, we request that YOll waive the 20-day period by signing and returning the enclosed acknowledgement. Very truly yours, DALLER GREENBERG & DIETRICH, LLP By: ;??~~&~ Morton F. Daller MFDlbws Enclosures cc: All Counsel on Attached List Limited liability Pa~rship formed In Pumsyl~nia Steven K. Hunter, Esquire December 23, 2004 Page 2 Andrew Seenath, Esquire Shook, Hardy &: Bacon, LLP 2400 Miami Center 201 South Biscayne Boulevard Miami, FL 33131-4332 Douglas J. Chumbley, Esquire Carlton Fields, P.A. 4000 Bank of America Tower 100 S.E. Second Street Miami, FL 33131 Marlene Silverman, Esquire Greenberg, Traurig, Hoffinan, et a/. 1221 Brickell Avenue Miami, FL 33131 Julie Feigeless, Esquire Adorno &: Hoss, P.A. 2601 South Bayshore Drive, Suite 1600 Miami, FL 33131 Craig R. Proctor, Esquire Shook, Hardy &: Bacon, LLP One Kansas City Place 1200 Main Street Kansas City, MO 64105 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Doe v. File No. {)4 -l.,;( 40 R.J. Reynolds Tobacco Company SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE. 4009.22 TO: Commonwealth Reporting Company, 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 Exhibit "B" at 700 Lisburn Road, Camp Hill, Pennsylvania 17011 (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 y<>u to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Jodi D. Britton, Esquire Address: 161 Washington Street, Sui te 900 Conshohocken, PA 19428 Telephone: 215-836-1100 Supreme CourtlD # 93587 Attorney For: R.J. Reynolds Tobacco Company Date: f)J.C jf) fro ~ , Seal of the Court (Eft. 7/97) EXHIBIT B WORKERS' COMPENSATION Pertaining to: "John Doe" Date of Birth: 10/19/1953 Social Security No.: 301-54-1559 A complete and unabridged copy of all billing records on. "John Doe," DOB: 10/19/1953, SSN: 301-54-1559, including, but not limited to: Employer's accident reports; other accident or incident reports; all medical records; investigation reports and records; all claim administration records, including claims filings, petitions, hearilllg notices, hearing records and transcripts, audiotapes or videotapes, depositions and reports of witnesses, employers and experts, decisions; and correspondence regarding "John Doe," nOB: 10/19/1953, SSN: 301-54- 1559. DALLER GREENBERG & DIETRICH, LLP By: Morton F. DaHer LD. No. 02740 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 (215) 836-1100 Attorney for Defendant, RJ. Reynolds Tobacco Company COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN DOE v. NO. 04-6240 RJ. REYNOLDS TOBACCO COMPANY NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant R.I. Reynolds Tobacco Company intends to serve a subpoena directed to the Records Custodian for Commonwealth Reporting Company, Inc. identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. DALLER GREENBERG & DIETRICH, LLP By: ~~~~~. - Morton F. Daller ( Attorney for Der.~ndant DATE: December 23, 2004 Cumberland County CCP .Page 2- January 13, 2005 Enclosures cc: Steven K. Hunter, Esquire Oliver Ruiz, Esquire Angones, Hunter, McClure, Lynch & Williams, P.A. 9th Floor, Concord Building 66 W. Flagler Street Miami, FL 33130 Andrew Seenath, Esquire Shook, Hardy & Bacon, LLP 2400 Miami Center 201 South Biscayne Boulevard Miami, FL 33131-4332 Douglas J. Chumbley, Esquire Carlton Fields, P.A. 4000 Bank of America Tower 100 S.E. Second Street Miami,FL 33131 Marlene Silverman, Esquire Greenberg, Traurig, Hoffman, et al. 1221 Brickell Avenue Miami, FL 33131 Julie Feige1ess, Esquire Adorno & Hoss, P.A. 2601 South Bayshore Drive, Suite 1600 Miami, FL 33131 Craig R. Proctor, Esquire Shook, Hardy & Bacon, LLP One Kansas City Place 1200 Main Street Kansas City, MO 64105 -------- ~..."l C..- (}J -' 0,~ (::,) -'