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HomeMy WebLinkAbout13-3326 26/2257672.v1 7 ilfl+� LD-n r, MARSHALL, DENNEHEY, WARNER, C `Ji TA COLEMAN & GOGGIN �;4 � t+A 3 Y BY: THOMAS Y. SONG, ESQUIRE 10 0 Attorney ID No. 89834 620 Freedom Business Center, Suite 300 'E" '�s Y urC©U King of Prussia, PA 19406 '� � (610) 354-8467 (610) 354-8299—Fax tysong @mdwcg.com Attorney for Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MICHELE R. STEIGMAN V. NO.: OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL, JOHN DOES 1-5, JANE DOES 1-5,DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5, DOE JOIN VENTURES 1-5, AND DOE CORPORATIONS 1-5 PETITION TO ISSUE FOREIGN SUBPOENA 1. Petitioner, Outrigger Enterprises, Inc. dba Ohana Surf Hotel, by and through its local counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby submits its Petition for Issuance of a Foreign Subpoena for Rite Aid Corp pursuant to 42 Pa.C.S.A. §5326(a), and in support thereof aver as follows: 2. Plaintiff, Michele R. Steigman, filed an action against Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel, in the Circuit Court of the First Circuit of the State�of Hawaii, Civil No. 05-1-0274-02. ( 1� act 1 Co S? 3. Petitioner seeks to obtain information relevant to the above-captioned case from the custodian of records of Rite Aid Corp. (See Defendant Outrigger Enterprises, Inc. dba Ohana Surf Hotel's Notice of Taking Depositions upon Written Interrogatories attached as Exhibit "A.") 4. The law firm of Marshall, Dennehey, Warner, Coleman & Goggin has been retained in order to file this Petition. 5. After the approval of this Petition by the Court, and after issuance of the subpoena pursuant to Pa. R.C.P. 234.1, the requested information will be produced pursuant to the notice provided by the Circuit Court of the First Circuit of the State of Hawaii. (See Order granting Ex Parte Motion for Order for Issuance of Commission upon Rite Aid Corp in the Commonwealth of Pennsylvania, attached hereto as Exhibit "B" and Commission attached hereto as Exhibit "C.") 6. Said deposition has been scheduled for July 18, 2013, at 9:30 am. (See Order granting Ex Parte Motion for Order for Issuance of Commission upon Rite Aid Corp in the Commonwealth of Pennsylvania, attached hereto as Exhibit "B" and Commission attached hereto as Exhibit "C.") 7. Pursuant to 42 Pa.C.S.A. §5326(a): Assistance to tribunals and litigants outside this Commonwealth with respect to deposition. (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 the Commonwealth. The order may be made upon 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 document 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. 42 Pa. C.S.A. §5326(a). 8. This Court has recognized that the filing of a Petition under 42 Pa.C.S.A. §5326 is the appropriate method for a foreign litigant to secure the issuance of a subpoena in order to depose a witness in this jurisdiction,particularly where the request is authorized by the foreign jurisdiction's judicial process, as it was in the present matter. See Quijada v. Unifrutti of America. Inc., 22 Phila. 339, 452, 12 Pa. D&C 4th 225 (1991). 9. Plaintiff is not in opposition to this request. See email attached hereto as Exhibit WHEREFORE, Petitioner requests that this Honorable Court enter an Order authorizing and directing the Prothonotary of this Court to issue a subpoena pursuant to Pennsylvania Rule of Civil Procedure 234.1 and in accordance with.42 Pa.C.S.A. § 5326 directed to the Custodian of Records of Rite Aid Corp, requiring his/her appearance for the taking of deposition upon written interrogatories on July 18, 2013, at9:30 a.m., and to bring any and all records responsive to Petitioner's document request. Respectfully submitted, MARSHALL, DENNEHEY,WARNER, COLEMAN & GOGGIN BY: THOMAS Y. S9NG, ESQUIRE Attorney for Pdttitioner 26/2257672.v1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: THOMAS Y. SONG, ESQUIRE Attorney ID No. 89834 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8467 (610) 354-8299—Fax tysong @mdwcg.com Attorney for Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MICHELE R. STEIGMAN V. NO.. OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL, JOHN DOES 1-5, JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED : PARTNERSHIPS 1-5, DOE JOIN VENTURES 1-5, AND DOE CORPORATIONS 1-5 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ISSUANCE OF SUBPOENA PURSUANT TO 42 Pa C S & 5326 Under Pennsylvania law, a Pennsylvania Court may grant assistance to tribunals and litigants outside the Commonwealth with respect to discovery. Specifically, 42 Pa. C.S. § 5326 provides, in pertinent part: (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 interest 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 of producing the documents or things. There is currently pending in the Circuit Court of the First Circuit of the State of Hawaii,the lawsuit captioned and styled Michele R. Steigman vs. Outrigger Enterprises, Inc. dba Ohana Surf Hotel, et al. Petitioner, Outrigger Enterprises, Inc. dba Ohana Surf Hotel, is a Defendant in this matter. In order to defend the claims against it, Petitioner seeks documentation from Rite Aid Corp, located at 30 Hunter Lane, Camphill, PA 17011. This case relates to a slip and fall that occurred on Defendant's premises over a -decade ago. Plaintiff has indicated that she continues to suffer nerve injuries in her foot and that she receives all of her medication through Rite Aid. Rite Aid Corporation's headquarters is located at 30 Hunter Lane, Camphill, PA 17011. In that light,Petitioner obtained an Order Directing Issuance of Commission upon Written Interrogatories in the Commonwealth of Pennsylvania. (See Order granting Ex Parte Motion for Order for Issuance of Commission upon Rite Aid Corp in the Commonwealth of Pennsylvania, attached hereto as Exhibit "B" and Commission attached hereto as Exhibit "C.") Counsel for Plaintiff, Michele R. Steigman, is not opposed to this request as evidence with her email attached as Exhibit "D." Pursuant, then, to 42 Pa. C.S. § 5326 (a), Your Honorable Court is respectfully requested to enter an Order directing the Prothonotary of Cumberland County to issue a Subpoena directed to the Custodian of Records of Rite Aid Corp requiring his/her appearance for the taking of deposition upon written interrogatories on July 18, 2013,at 9:30 a.m., and to bring any and all records responsive to Petitioner's document request. A true and correct copy of the proposed Subpoena is attached to the proposed Order as Exhibit I Respectfully submitted, MARSHALL,DENNEHEY,WARNER, COLEMAN& GOGGIN BY: THOMAS Y. SONG, Esquire Attorney for Petitioner EXHIBIT " A " O'CONNOR PLAYDON&GUBEN LLP ;t,'w.".jib A Limited Liability Law Partnership MICHAEL J. McGUIGAN 2433-0 2013 MAY 10 PH 4' d0 KELVIN H. KANESHIRO 4535-0 Pacific Guardian Center, Makai Tower 733 Bishop Street, Suite 2400 Honolulu, Hawaii 96813 rC1t'K Telephone: (808)524-8350 Facsimile: (808) 531-8628 Attorneys for Defendant OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAI'I MICHELE R. STEIGMAN, Civil No. 05-1-0274-02 (RAN) (NON-MOTOR VEHICLE TORT) Plaintiff, DEFENDANT OUTRIGGER VS. ENTERPRISES, INC.dba OHANA SURF HOTEL'S NOTICE OF TAKING OUTRIGGER ENTERPRISES, INC. dba DEPOSITIONS UPON WRITTEN OHANA SURF HOTEL,JOHN DOES 1-5, INTERROGATORIES; CERTIFICATE OF JANE DOES 1-5, DOE ENTITIES 1-5, DOE SERVICE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5, DOE JOINT (Custodian of Records for Rite Aid ._ _,_.—VEN-TURES_1-5-,_AN.D DOE __ ..-Pharmacy)-----. ._ — _ CORPORATIONS 1-5, Defendants. DEFENDANT OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL'S NOTICE OF TAKING DEPOSITIONS UPON WRITTEN INTERROGATORIES TO: JANICE P. KIM, ESQ. 3615 Harding Avenue, Suite 206 Honolulu, Hawaii 96816 Attorney for Plaintiff PLEASE TAKE NOTICE THAT that Defendant OUTRIGGER ENTERPRISES, INC., dba GHANA SURF HOTEL will take following deposition before an !do hereby ce ' that this is a ul{,tr e,and correct copy th o +nal �I i thI dice. lerk, rcuit Court,First Circuit officer duly authorized to administer oaths from Atkinson-Baker, Inc, 500 N. Brand Boulevard,Third Floor,Glendale,CA 91203-4725, at the date,time and location noted below: NAME/ADDRESS DATE/TIME/LOCATION Custodian of Records for Rite Aid Corp July 18,2013 at 9:30 a.m. Legal Department, Health Port 30 Hunter Lane Custodian's Office Camphill, PA 17011 30 Hunter Lane Camphill, PA 17011 upon certain interrogatories, a copy of which is attached hereto as Exhibit "A", and such cross,redirect and recross interrogatories as may be duly served herein. This deposition is taken pursuant to Rule 31 of the Hawaii Rules of Civil Procedure. A Subpoena Duces Tecurn will be served on the deponent, commanding him/her to produce the following documents at the time and location set forth above: Any and all health information pertaining to Patient Michele R., Steigman ("Patient") whose partial date of birth and social security number are xx/xx/61 and xxx-xx-5682,including but not limited to —any-and-all-prescn-pt-ions;-consultation-s;-notes;Iyh-ysi-ciaWs-o-r-de—rs;--- medical records and/or reports; histories; charts; billing, correspondence and any other-information or documentation of every kind and description, relative to any past, present or future treatment, care and hospitalization of Patient from the period March 6,2003 through the present. DATED: Honolulu, Hawaii,May---- 2013. MICHAEL I. McdUIGAN KELVIN H. KANESHIRO Attorneys for Defendant OUTRIGGER ENTERPRISES,INC. dba OHANA SURF HOTEL 2641141112-135/M 2 EXHIBIT"A" INTERROGATORIES Interrogatories to be propounded to witnesses named in the attached notice, whose address is set forth in the attached notice, on behalf of Defendant OUTRIGGER ENTERPRISES, INC., dba OHANA SURFT HOTEL herein, by an officer authorized by law to administer oaths from the offices of Atkinson=Baker, Inc., 500 N. Brand Boulevard,Third Floor;Glendale, CA 91203-4725. 1. Please state your name. 2. What is your residence address? 3. Are you employed? 4. What is your employer's name? S. What is your employer's address? 6. '(What is your job or position with your employer? 7. In that position, do you have under your care, custody and control any and all records kept by your employer? 8. y Among your employer's records under your care, custody and control; are there records pertaining to the records requested in the Subpoena Duces Tecum served upon you for any and all health information pertaining to Patient Michele R. Steigman ("Patient") whose partial date of birth and social security number are xx/xx/61 and xxx-xx-5682, including but not limited to any and all prescriptions; consultations; notes, physician's orders; medical records and/or reports; histories; charts; billing; correspondence and any other information or documentation of every kind and description, relative to any past, present or future treatment, care and hospitalization of Patient from the period March 6, 2003 through the present? 9. Were you served with a subpoena requiring your appearance before the notary public for the purpose of answering these questions and requiring you to bring with you any and all of your employer's documents described in the subpoena? 10. Were those records made in the regular course of business? 11. Were those records made at or near the time of the accident(s), event(s),condition(s),opinion(s) or diagnoses set forth in them? 12. Do you have all of those documents with you? 13. Are those documents complete? 14. Has any portion of those documents ever been removed from your care,custody and control prior to this time? 15. If so,when and by whom? 16. Has any portion of those documents ever been altered prior to this time? 17. If so,when and by whom? 18. What identifies those documents as pertaining to the.documents described in the subpoena? 19. Would you please turn over to the notary public at this time the originals or complete and legible copies of any and all of the subpoenaed documents which you have brought with you pursuant to the requirements of the subpoena with which you were served. 264114v1/12-135/LKR 2 20. Please describe briefly but completely so that they may be readily identified,the documents which you have turned over to the notary public. 21. Please describe briefly but completely so that they may be readily identified, any of your employer's subpoenaed documents which you have not turned over to the notary public, including both those documents which you have brought with you and those documents which you have not brought with you. DATED: Honolulu, Hawaii,May ✓ . 2013. MICHAEL 1.McG IGAN KELVIN H. KANESHIRO Attorneys for Defendant OUTRIGGER ENTERPRISES INC. dba OHANA SURF HOTEL 264914x1/12-135/LKR 3 IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAI'I MICHELE R.STEIGMAN, Civil No. 05-1-0274-02 (RAN) Plaintiff, (NON-MOTOR VEHICLE TORT) CERTIFICATE OF SERVICE VS. Re: Notice of Taking Deposition Upon OUTRIGGER ENTERPRISES, INC. dba Written Interrogatories (Custodian of OHANA SURF HOTEL,JOHN DOES 1-5, Records for Rite Aid Pharmacy) JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5, DOE JOINT. VENTURES 1-5,AND DOE CORPORATIONS 1-5,. Defendants. CERTIFICATE OF SERVICE The.undersigned hereby certifies that a true and correct copy of the foregoing document will be served upon the following party at her last known address via U.S. Postal Service, postage prepaid on the date indicated below: JANICE P. KIM, ESQ. 3615.Harding Avenue, Suite.206 Honolulu, Hawaii 96816 Attorney for Plaintiff DATED: Honolulu,Hawaii, May 3 . 2013. MICHAEL J.McGUIG N KELVIN H. KANESHIRO Attorneys for Defendant OUTRIGGER ENTERPRISES INC. dba OHANA SURF HOTEL V PATIENT'S AUTHORIZATION FOR THE USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION FOR JUDICIAL AND ADMINISTRATIVE PROCEEDINGS HIPAA,45 C.F.R.§164.508(c)(10-1-2002) Patient Michele R. Steigman hereby consents to and authorizes the use and disclosure of protected health information, identified below, concerning the Patient's past, present and future physical or mental health condition(s), and which health condition(s) is at issue in a proceeding before a court or administrative tribunal. A photocopy or facsimile of this Authorization is as valid as the original. This Authorization may be revoked at any time in writing by the Patient as provided by law. Unless otherwise revoked, this Authorization will expire on the following date or event: six (6) months after the disposition of Civil Na. OS-1-0274-02. If a date or event is not specified, this Authorization will expire,one year from my date of signature below. (1 Name or Institution: Rite Aid Pharmacy Attn: Raid Aid Corp, Legal Department Address: 30 Hunter Lane City, State,Zip Code: Camphill, PA 17011 (Health Care Provider) is authorized to release the protected health information of: (2) Patient Name: Michele R. Steigman D.a.a.: 03/08/61 S.S.N.: XXX-XX-5682 (Individual Patient who is subject of protected health information) (3) Name or Institution: O'Connor Playdon &Guben LLP Address: 733 Bishop Street, 24th Floor,Makai Tower City, State,Zip Code: Honolulu,Hawaii 96813 (Recipient) The use and disclosure of the protected health information specified below shall be made in accordance to the directions provided herein. Purpose: The use and/or disclosure of the Patient's protected health information will be in connection with a lawsuit brought by or on behalf of the Patient. The information will be used to investigate, analyze, evaluate, verify, adjust, resolve and/or adjudicate the claims at issue in above-identified proceeding before a court or administrative tribunal. I understand that the protected health information disclosed pursuant to this Authorization may be subject to redisclosure by the recipient and may no longer be subject to federal privacy regulations. Page 1 Information To Be Disclosed: This Authorization is effective for any and all health information concerning Patient created and/or maintained by the above-identified Health Care Provider including but not limited to, any and all medical records and/or reports; histories; charts; consultations; opinions; laboratory records and/or reports;diagnostic films, reports and/or data; x-ray, CT,MR1 and/or any other films and reports; pathology reports; notes; flow sheets; physician's orders; tests;prescriptions; therapy; rehabilitation; ambulance and/or emergency medical service reports; billing; correspondence and any other information or documentation of every kind and description, relative to any past, present or future physical condition, treatment, care and hospitalization of Patient. The protected health information to be disclosed pursuant to this Authorization is intended to cover the period of time from the date of Patient's initial visit to the date of Patient's last visit I understand that the protected health information disclosed pursuant to this Authorization may be disclosed by the recipient to one or more of the following: the above-identified court or administrative tribunal, including any jurors and panelists, arbitrators; mediators; court reporters; Intermediate Court of Appeals, Supreme Court of Hawaii; attending and treating health care providers; consulting health care providers; experts, consulta nts and IME professionals used by the parties to the judicial or administrative proceedings; and to any of the administrative personnel or authorized agents or other representatives of the aforementioned persons andlor entities. I understand that the protected health information disclosed pursuant to this Authorization may be used andlor disclosed through testimony by a health care provider or other expert at a deposition, arbitration, mediation, hearing or trial far the above-identified judicial andlor administrative proceedings. I understand that I can refuse to sign this Authorization and that the above-identified Health Care Provider will not condition my treatment, payment, enrollment or eligibility for benefits on the signing of this Authorization except as provided for by federal privacy laws for: research-related treatment, health care provided solely for disclosure to third parties, or health plan initial enrollmentleligibility determinations, underwriting or risk rating determinations.t ---Patient/Patient�sRepresentadve, AMIV _—Michele-R-.-Stei =an (Signature) (Print Name) A� Date. 4 MMW- Patient's Representative's Relationship to Patient: (Complete Only if Requestor is not Patient) (initial) I understand and intend this Authorization to Include any and all protected health ? rmation, including information pertaining to the Patient's substance abuse, abuse and treatment, psychiatric, mental, emotional or psychological condition and treatment of the Patient, and information pertaining to any condition and treatment of the Patient related to sexually transmitted diseases including HIV/AIDS/ARC. (This paragraph only applies if initialed.) For additional information, please see Part 164, Subpart E– Privacy of Individually Identifiable Health Information at 45 Code of Federal Regulations(10-1-2002) t Please refer to 45 C.F.R. Subtitle A§164.508(b)(4)for more details. Page 2 a ' DECLARATION OF'CUSTODIAN OF RECORDS ❑ I HEREBY DECLARE,under penalty ofpe4ury,that the following statements are true to.the best of my knowledge and belief. T-am the duly authorized custodian of records of the below names and certify that the accompanying records are true and complete copies of records maintained in the regular course and scope of business of my employer and were prepared by authorized personnel at or near the time of the acts,conditions or events which they intend to convey. No documents, records or other materials have been withheld except as noted below. Certain records were omitted because: OR;IN THE ALTERNATIVE U i.I EREBY DECLARE,under penalty of perjury,that I have NO RECORDS on the .patient,employee,or subject in request. Please explain if you have no.records: Records Subpoenaed From: Regarding: On Print and Sign Name File Number W.C.A.B.No. Case Number EXHIBIT " B " IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII MICHELE R. STEIGMAN, Civil No. 05-1-0274-02 (RAN) (NON-MOTOR VEHICLE TORT) Plaintiff, ORDER DIRECTING ISSUANCE OF vs. COMMISSIONS TO TAKE THE DEPOSITION UPON WRITTEN OUTRIGGER ENTERPRISES, INC. dba INTERROGATORIES RE: OHANA SURF HOTEL, JOHN DOES I- CUSTODIANS OF RECORDS OF 5, JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5,DOE JOINT VENTURES 1-5, AND DOE CORPORATIONS 1-5, Defendants. ORDER DIRECTING ISSUANCE OF COMMISSION TO TAKE DEPOSITION UPON WRITTEN INTERROGATORIES Defendant OUTRIGGER ENTERPRISES, INC., DBA OHANA SURFT HOTEL, ("Outrigger"), by and through its counsel, having duly moved for an order pursuant to Hawaii Rules of Civil Procedure, Rule 28(a), directing that a Commission be issued in the above-entitled action to Atkinson-Baker Inc. 500 N. Brand Boulevard, Third Floor, Glendale, CA 91203-4725, notary public, or any persons authorized by law to administer oaths in the State of Pennsylvania and take the testimony under oath upon written interrogatories of Custodian of Records for Rite Aid Corp on July 18, 2013 at 9:30 a.m. at the Custodian's office 30 Hunter Lane, Camphill, PA 17011, and to appear as a witness on behalf of Outrigger upon the grounds that the testimony of said witness will be material and relevant to the subject matter of this action, and that it is necessary that a Commission be issued in order that Outrigger may take said deposition. IT IS HEREBY ORDERED that a Commission issue out of this Court in the above-entitled matter be directed to a certified shorthand reporter and notary public authorized to administer oaths in the State of Pennsylvania and to take the testimony of said deponent on written interrogatories and to issue or cause a Subpoena Duces Tecurn to be issued to said deponent requiring deponents to produce any and all health information, pertaining to Patient Michele R. Steigman ("Patient") whose partial date of birth and social security number are xx/xx/61 and xxx-xx-5682, including but not limited to any and all prescriptions; consultations; notes, physician's orders; medical records and/or reports; histories; charts; billing; correspondence and any other information or documentation of every kind and description, relative to any past, present or future treatment, care and hospitalization of Patient from the period March 6, 2003 through the present, and that the original of said deposition and records be-sealed and mailed to the Defendant's attorneys, O'Connor Playdon& Guben LLP, 733 Bishop Street, Suite 2400, Honolulu, Hawaii 96813 for use in the trial of the above entitled matter. Said deposition is to be taken upon written interrogatories before a —certif i-ed-shorth-and-court-reporter-fromthe-offices-of-A-tldnson--Baker;Inc.-I-500-N-—. Brand-- Boulevard, Third Floor, Glendale, California 91203-4725, on the date mid time as described above. DATED: Honolulu, Hawaii, MAY i o @13 rcx kR C U 0 RHONDA A. NISHINIURA SEAL Judge of the above-entitled Cou _10IFF H Michele R. Steigman v. Outrigger Enterprises,Inc.dba Ohana Surf Hotel.,Civil No.05-1-0274-02(RAN); Order Directing Issuance Of Commission To Take Depositions Upon Written Interrogatories 2641980112-1351KR 2 EXHIBIT " C " IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII MICHELE R. STEIGMAN, Civil No. 05-1-0274-02 (RAN) (NON-MOTOR VEHICLE TORT) Plaintiff, VS. COMMISSION OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL, JOHN DOES 1- 5, JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5, DOE JOINT VENTURES 1-5, AND DOE CORPORATIONS 1-5, Defendants. COMMISSION STATE OF HAWAII TO: Atkinson-Baker,Inc. 500 N. Brand Boulevard,Third Floor Glendale,CA 91203-4725 Pursuant to the Order Directing Issuance of Commission to take the T Deposition Upon Written Interrogatories made and entered by the above-entitled Court in the above-entitled case on this date, you are hereby appointed as Commissioner and by these presents given full authority (including the authority to seek the issuance and service of a subpoena) to take under oath the deposition upon written interrogatories of the Custodian of Records for Department for Rite Aid Corp on July 18, 2013 at 9:30 a.m. at the Custodian's office 30 Hunter Lane, Camphill, PA 17011. As a commissioner, you are hereby authorized and empowered to issue or cause the Subpoena Duces Tecum to be issued to said witnesses and directing deponent to produce any and all health information, pertaining to Patient Michele R. Steigman C'Patient") whose partial date of birth and social security number are xx/xx/61 and xxx-xx- 5682, including but not limited to any and all prescriptions; consultations; notes, physician's orders; medical records and/or reports; histories; charts; billing; correspondence and any other information or documentation of every kind and description, relative to any past, present or future treatment, care and hospitalization of Patient from the period March 6, 2003 through the present, and you are hereby further empowered to administer the oath to said witness and to report and reduce to writing and transcribe the testimony of said witness. You are hereby directed to certify to the accuracy of the transcript of said testimony and to return to this commission the original of the deposition transcript of said witness and said records or copies thereof, to Defendant OUTRIGGER ENTERPRISES, INC., dba OHANA SURF HOTEL's attorneys, 733 Bishop Street, Suite 2400, Honolulu, Hawaii 96813, in a scaled envelope, with the title of the deposition and the caption and docket number of the case endorsed on the envelope. You ffe fo d6niplete your commission wi deposition is to be taken upon written interrogatories before a certified shorthand court reporter from the offices of Atkinson-Baker, Inc., 500 N. Brand Boulevard, Third Floor, Glendale, California 91203-4725,on the date and time as above described. DATED: Honolulu, Hawaii, MAY 1 0 2013 RHONDA A, NISHIMUNA Judge of the above-entitled Court Michele R. Steigman v.Outrigger Enterprises,Inc.dba Ohana Surf Hotel.,Civil No.05-1-0274-02(F-W; Commission 2641980112-1351MR 2 EXHIBIT " D " Song, Thomas Y. From: Janice Kim [Janice@janicepkim.com] Sent: Wednesday, May 29, 2013 3:35 PM To: Song, Thomas Y. Cc: Gail Hamachi; Anika at Janicepkim.com Subject: Steigman v. Outrigger Dear Mr. Song, Thank you for your call a moment ago This will confirm that Plaintiff has no objection to the defense subpoena of records retained by Rite Aid regarding the Plaintiff Michele Steigman. Kindest regards. Sincerely, Janice P. Kim Janice P. Kim Attorney At Law 3615 Harding Ave. Suite 206 Honolulu, Hl 96816 Phone: 808-732-0522 Fax: 808-735-0459 Email: Janice cDian icepkim.corn Website: Janicepkim.com CONFIDENTIALITY NOTICE: This message and attachments are for the sole use of the intended recipient and may contain confidential and/or privileged information. Any unauthorized review, use, copying, disclosure, fowarding, or distribution of the contents is strictly prohibited. If you are not the intended recipient, please contact the sender immediately by reply e-mail and destroy the original message, attachments, and all copies. VERIFICATION I, Thomas Y. Song, Esquire, Attorney for Petitioner, Outrigger Enterprises, Inc. dba Ohana Surf Hotel, verify that the facts stated in the foregoing Petition to Issue Foreign Subpoena are true and correct to the best of my knowledge, information and belief. If the above statements are not true, I am subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. homas Y. Son , squire Attorney f etitioner Date: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: THOMAS Y. SONG, ESQUIRE Attorney ID No. 89834 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8467 (610) 354-8299—Fax tysong @mdwcg.com Attorney for Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MICHELE R. STEIGMAN V. NO.. OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL, JOHN DOES 1-5, JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5, DOE JOIN VENTURES 1-5, AND DOE CORPORATIONS 1-5 CERTIFICATION OF COMPLIANCE This Motion was served upon Plaintiffs counsel via regular mail on May 30, 2013, in compliance with Pa. R.C.P. 440(a)(1)(i). Janice P. Kim, Esquire Michael J. McGuigan, Esquire 3615 Harding Avenue Kelvin J. Kaneshiro, Esquire Suite 206 O'Connor Playdon& Guben, LLP Honolulu, Hawaii 96816 Pacific Guardian Center, Makai Tower 733 Bishop Street, Suite 2400 Honolulu, Hawaii 96813 MARSHALL, DENNEHEY, WARNER, COLEMAN & GO�%GGIN BY: /e��- { THOMA SONG, ESQUIRE Attorney for Petitioner 26/2257672.v1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: THOMAS Y. SONG, ESQUIRE Attorney ID No. 89834 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8467 (610) 354-8299—Fax tysong @mdwcg.com Attorney for Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MICHELE R. STEIGMAN V. NO.. OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL, JOHN DOES 1-5, : JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5, DOE JOIN VENTURES 1-5, AND DOE CORPORATIONS 1-5 CERTIFICATE OF SERVICE 1, Thomas Y. Song, Esquire, do hereby certify that a true and correct copy of the Petition to issue Foreign Subpoena and supporting documents was served upon all parties by postage paid, U.S. mail this 30''day of May 2013, at the following addresses: Michael J. McGuigan, Esquire Janice P. Kim, Esquire Kelvin J. Kaneshiro, Esquire 3615 Harding Avenue O'Connor Playdon& Guben, LLP Suite 206 Pacific Guardian Center, Makai Tower Honolulu, Hawaii 96816 733 Bishop Street, Suite 2400 Honolulu, Hawaii 96813 MARSHALL, DENNEHEY, WARNER, COLEMANN&�GOGGIN BY: �-- THOMAS Y. SO G, ESQUIRE v, 26/2257672.v1 Fi►-E D-0 F F I O 1 `_ MARSHALL, DENNEHEY, WARNER, C)IF '} 11 P R 4 H O N O A[A ',Y COLEMAN & GOGGIN BY: THOMAS Y. SONG, ESQUIRE a ��� ' Attorney ID No. 89834 CUMBERLAND COUNT' 620 Freedom Business Center, Suite 300 PENNSYLVANIA King of Prussia, PA 19406 (610) 354-8467 (610) 354-8299–Fax tysong @mdwcg.com Attorney for Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MICHELE R. STEIGMAN V. NO.: OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL, JOHN DOES 1-5, JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5, DOE JOIN VENTURES 1-5, AND DOE CORPORATIONS 1-5 PRAECIPE TO OBTAIN DOCKET NUMBER TO THE PROTHONOTARY: Kindly issue a docket number for filing Petitioner's Petition to Issue Foreign Subpoena for Rite Aid Corp in connection with the above-captioned foreign proceeding. MARSHALL, DENNEHEY,WARNER, COLEMAN & GOGGIN BY: ZZ11—/ THOMAS Y. SONG/P-SQUIRE Attorney for Petiti ier DATE: D C� EXHIBIT " 1 " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELE R. STEIGMAN Plaintiff File No. VS. OUTRIGGER ENTERPRISES,INC.DBA GHANA SURF HOTEL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR RITE AID CORP (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: Any and all health information pertaining to Patient Michele R.Steigman("Patient")whose partial date of birth and social security number are xx/xx/61 and xxx-xx-5682,including but not limited to any and all prescriptions, consultations,notes,physician's orders,medical records and/or reports,histories,charges,billing,correspondence and any other information or documentation of every kind and description,relative to any past,present or future treatment,care and hospitalization of Patient from the period of March 6,2003 through the present at Custodian's office, 30 Hunter Lane, Camp Hill, PA 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: Thomas Y.Song ADDRESS: lvlmhaliDeimeheywamer Coleman&Goggin 620 Freedom Business Center,Suite 300 King ofPnmia,PA 19406 TELEPHONE: 610-354-8467 SUPREME COURT ID#89834 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy 26/2258516.v1 �'i'� t`ti. • �''����`���� MARSHALL, DENNEHEY, WARNER, COLEMAN& GOGGIN 20113 JUtj l BY: THOMAS Y. SONG, ESQUIRE PP1 1: 20 Attorney ID No. 89834 Cu BERLAND C 620 Freedom Business Center, Suite 300 ' EEl j(S yL1VAt4 jAPd T ' King of Prussia, PA 19406 (610) 354-8467 (610) 354-8299—Fax tysong @mdwcg.com Attorney for Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MICHELE R. STEIGMAN V. NO.: )3 -3 3 C)G CI U I OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL, JOHN DOES 1-5, JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5, DOE JOIN VENTURES 1-5, AND DOE CORPORATIONS 1-5 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel in the above captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Date: `3 THOMAS Y. S G, ESQUIRE Attorney for efendant 26/2258516.v1 UP- i..rI L +�i H' 0�D T MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 2013 Jun PH 1: 20 BY: THOMAS Y. SONG, ESQUIRE CtMBERL AND �� Attorney ID No. 89834 UN T Y 620 Freedom Business Center, Suite 300 °EEC $yL'/'ANIA King of Prussia, PA 19406 (610) 354-8467 (610) 354-8299—Fax tysong@mdwcg.com Attorney for Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION LAW MICHELE R. STEIGMAN i V. NO.: OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL, JOHN DOES 1-5, JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5, DOE JOIN VENTURES 1-5, AND DOE CORPORATIONS 1-5 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of Defendant, Outrigger Enterprises, Inc. dba Ohana Surf Hotel in the above captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: THOMAS Y. SqKG, ESQUIRE Date: ��U �3 Attorney for efendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION - LAW MICHELE R. STEIGMAN V. NO.: OUTRIGGER ENTERPRISES, INC. dba OHANA SURF HOTEL, JOHN DOES 1-5, JANE DOES 1-5, DOE ENTITIES 1-5, DOE PARTNERSHIPS 1-5, DOE LIMITED PARTNERSHIPS 1-5,DOE JOIN VENTURES 1-5, r r AND DOE CORPORATIONS 1-5 q >C-i :z,:-, = :"1, -ORDER AND NOW, on this day of -SQv�,C, 2013, upon consideration of the Petition of Defendant Outrigger Enterprises, Inc. dba Ohana Surf Hotel,to Issue a Foreign Subpoena for Rite Aid Corp,and any response thereto, it is hereby ORDERED that the Petition is GRANTED. IT IS FURTHER ORDERED that the Prothonotary is directed to issue a Foreign Subpoena for Rite Aid Corp in conformity with the proposed Subpoena attached hereto as Exhibit "1" which compels the Custodian of Records of Rite Aid Corp, on July 18, 2013, at 9:30 a.m., for deposition in the foreign action pending in the Circuit Court of the First Circuit of the State of Hawaii, Court No. 05-1-0274-02, styled, Michele R. Steigman vs. Outrigger Enterprises, Inc. dba Ohana Surf Hotel, et al, and to bring any and all relative records in his/her possession,custody or control. Petitioner may then issue the Subpoena for Rite Aid Corp. by serving a copy of this Order and the Subpoena for Rite Aid Corp on the Custodian of Records of Rite Aid Corp. BY THE COURT: 26/2257672.vl