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Home My WebLink About05-0285 DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS. ESQ. Supreme Court I.D.# 37926 1''[vi'cKessonMedicatlonManagement;m,mm'Inmthe''CourtoFCommon"pjeasoT" [ LLC Cumberland County Pennsylvania Plaintiff j vs : Med-Pak, L.L.c., Lewis P. Zeidner, , Marvin R Richardson, John J. Brady, i Pharmacy Partners, L.L.c., Pharmacy , Acquisitions Services, Inc., and BRZ, i L.L.c. Defendants i vs No. 05- ;;'p-S Civil Term : Med-Pak, L.L.c.' Lewis P. Zeidner, , Marvin R Richardson and i John J. Brady, Counter Claim Plaintiffs i vs i McKesson Medication Management, iLLC Counter Claim Defendant [ Civil Action Law Miscellaneous .................; . . ,...................~_.......,............................,............................,.....................,....................,................................ Request for Subpoenas Now comes the plaintiff, by their counsel, William P. Douglas, Esq., and respectfully presents to the Honorable Judges of this Court in accordance with Pa.RC.P. 234.1 the following: 1. I, William P. Douglas, Esq., as local counsel for Med-Pak, L.L.C, Lewis P. Zeidner, Marvin R. Richardson, John J. Brady, Pharmacy Partners, L.L.C, Pharmacy Acquisitions Services, Inc., and BRZ, L.L.C and their Minnesota counsel, Attorneys, Barbara Jean Aquila, Cynthia A. Bremer, and Kelly A. Moffitt respectfully request this Court to issue Subpoenas for the purposes of taking video deposition testimony, duces tecum, of the below listed Pennsylvania residents for use in a Civil Action pending in the Fourth Judicial District Court for the County of Hennepin, Minnesota docketed at CT 04-002768. 2. Attached hereto is a Commission to the Court of Common Pleas of Cumberland County, Pennsylvania, issued by the Clerk of Courts of Hennipen County, Minnesota requesting that this Honorable Court Order subpoenas duces tecum be issued and depositions be taken before a person authorized to administer oaths in the Commonwealth of Pennsylvania. 3. It is requested that Subpoenas be issued with respect to the following individuals: Mark Panzer, Jim Mastrian, Mary Sammons, Mike Podgurski, Phillip J. Keough, IV, Bruce Wiswell and the Custodian of Records of Rite Aid Corporation. 4. It is believed that the aforesaid witnesses may not appear voluntarily and that a subpoena for their appearance is required. 5. It is requested that the Subpoena be issued Duces Tecum requiring the witnesses bring with them the items requested in the attached exhibits. Wherefore it is respectfully requested that in accordance with the Commission issued by the Fourth Judicial District Court for the County of Hennepin, Minnesota that it be ordered that Subpoenas Duces Tecum be issued by this Honorable Court for the purposes of deposing the aforesaid individuals. January 13,2005 Respectfull submi ~~. William P. Douglas Attorne Med-Pak, L.L.C, Lewis P. Zeidner, Marvin R. Richards John J. Brady, Pharmacy Partners, L.L.C Pharmacy Acquisitions Services, Inc. and BRZ, L.L.C STATE OF MINNESOTA FILED PSL DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT OI.OEe 17 AN 9: 25 McKesson Medication Management, LLC, 8Y _IlEPUTY Plaintiff, HENN co. [)IS TRier Case No. CT 04-002768 COURT t.nt~:~~:~:;TP:/\TOP, vs. Med-Pak, L.L.c., Lewis P. Zeidner, Marvin R. Richardson, Rick F. Rondinelli, John J. Brady, Pharmacy Parrners, L.L.c., Pharmacy AC'luisition Services, Inc., and BRZ, L.L.c., LETTER ROGATORY (COMMISSION TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, STATE OF PENNSYLVANIA Defendants, and Med-Pak, L.L.c., Lewis P. Zeidner, Marvin R. Richardson, and John Brady, Counterclaim Plaintiffs, vs. McKesson Medication Management, LLC, Counterclaim Defendant. Having confidence in your prudence and fidelity, we have appointed you, and by rhese presents do give unto you full power and authority, in pursuit of an Order made by us, the Fourth Judicial District Court of Hennepin County, State of Minnesota, in the above- captioned case therein pending, between Plaintiff and Defendants, to issue subpoenas duces tecum for the appearance of Mark Panzer, Jim Mastrian, Mary Sammons, Mike Podgurski, Phillip J. Keough IV, Bruce Wiswell, and the custodian of records for Rite Aid Corporation, as witnesses in that case, to appear for videotaped depositions upon oral examination before an officer authorized by Your Honorable Court to administer oaths and reduce the testimony to writing. And when you shall have so done, we respcctfully request that you send the same before the Judges of our Court, together with this Letter Rogatory / Commission, under your hands and seals and/or the hands and seals of such persons as may act under your authority. In testimony hereof, we have causcd the seal of our Court to be affixed. Witness Clerk of Court for the Fourth Judicial District Court of Hennepin County, y - State of Minnesota, this ~ day of December, 2004. ~/ " - CI~r."of~9u):\. ..:.. ", 1..' "".,' i -; ,. ~ /1 '\i: .~ '~ j. . ':"'~:' ;:~~. \--':. h~-.i\:(';~ v \.';, Seal of the Court - 2- STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT McKesson Medication Management, LLC, Plaintiff, Case No. CT 04.002768 VS. Mcd.Pak, LLC, Lewis P. Zeidner, Marvin R. Richardson, Rick F. Rondinelli, JohnJ. Brady, Pharmacy Partners, LLC, Pharmacy Acquisition Services, Inc., and BRZ, LLC, PETITION FOR ISSUANCE OF A LETTER ROGATORy/COMMISSION Defendants, and Mcd.Pak, LLC, Lewis P. Zeidner, Marvin R. Richardson, and John Brady, Counterclaim Plaintiffs, vs. McKesson Medication Management, LLC, Counterclaim Defendant. Defendants, Zeidner, Richardson, and Brady, by their attorneys, respectfully petition this Court for the issuance of a Letter Rogatory / Commission to the Court of Common Pleas of Cumberland County, State of Pennsylvania, to issue subpoenas for the depositions of Mark Panzer, Jim Mastrian, Mary Sammons, Mike Podgurski, Phillip J. Keough IV, Bruce Wiswell, and the custodian of records for Rite J\id Corporation, individuals residing and/ or employed in Pennsylvania, as follows: 1. Plaintiff currently has an action pending against Defendants in the Fourth Judicial District Court of Hennepin County, State of Minnesota at Case No. CT 04.002768. " 2. Mark Panzer, Jim Mastrian, Mary Sammons, Mike Podgurski, Phillip J. Keough IV, Bruce Wiswell, and the custodian of records of Rite Aid Corporation arc employees of Rite Aid Corporation, a Pennsylvania corporation, with offices at 30 Hunter Lane, Camp Hill, Cumberland Counry, Pennsylvania. All of the above-named individuals arc believed to reside in Pennsylvania. 3. In order to obtain testimony in a form admissible before the Hennepin County Court, it is necessary for Defendants to take depositions in which counsel for Defendants may examine the witnesses. As the individuals to be deposed are not parties to the pending action between the Plaintiff and Defendants and currently reside out of this jurisdiction, this can only be accomplished through the issuance of a Letter Rogatory / Commission to the appropriate authorities in the State of Pennsylvania. 4. On December t 6, 2004, Defendants served Plaintiff with Amended Notice of Taking Videotaped Depositions Duces Tecum, for Mark Panzer, Jim Mastrian, Mary Sammons, Mike Podgurski, Phillip J. Keough IV, Bruce Wiswell, and the custodian of records of Rite Aid Corporation, as deponents. A copy of the Notice is attached hereto as Exhibit "'\. 5. In order to secure the testimony of Mark Panzer, Jim Mastrian, Mary Sammons, Mike Podgurski, Phillip J. Keough IV, Bruce Wiswell, and the custodian of records of Rite Aid Corporation, Defendants respectfully submit that this Court should issue a Letter Rogatory/Commission to the Court of Common Pleas of Cumberland Counry, State of Pennsylvania, in the form attached hereto so that the court may issue subpoenas compelling the deposition testimony of the above-named individuals. 6. The depositions arc scheduled to take place on February 28, 2005. Accordingly, Defendants request that the Court promptly act on this petition. - 2- WHEREFORE, Defendants respectfully request that this Court authorize the issuance of a Letter Rogatory /Commission to the Court for the County of Cumberland, State of Pennsylvania, to issue subpoenas compelling the deposition testimony of Mark Panzer, Jim Mastrian, I\Iary Sammons, Mike Podgurski, Phillip J. Keough IV, Bruce Wiswell, and the custodian of records for Rite Aid Corporation. Respectfully submitted, Dated: December r1:..., 2004 FLYNN, GASKINS & BENNETT, L.L.P. ~~a .1rJtfIiit BarbaraJean 'Aquila, #2112X Cynthia A. Bremer, #273119 Kelly A. Moffitt, #0341009 333 South Seventh Street, Suite 2900 Minneapolis, MN 55402 612-333-9500 DOUGLAS LAw OFFICE Bill Douglas 27 West High Street Carlisle, Pennsylvania 17013 717-243-1790 Attomeys for Defendants Med-Pak, L.L.C., Lewis P. Zeidner, Marvin R. Richardson,John] Brady, Phannacy Partners, L.L.C., Phannacy Acquisition Services, Inc., and BRZ, L.L.c. - 3- STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT McKesson Medication Management, liC, Plaintiff, Case No. CT 04-002768 vs_ Med-Pak, L.L.c., Lewis P. Zeidner, Marvin R. Richardson, Rick F. Rondinelli, John J. Brady, Pharmacy Partners, L.L.C, Pharmacy Acquisition Services, Inc., and BRZ, L.L.C, DEFENDANTS ZEIDNER, RICHARDSON, AND BRADY's AMENDED NOTICE OF TAKING VIDEOTAPED DEPOSITIONS DUCES TECUM OF VARIOUS RITE AID CORPORATION EMPLOYEES Defendants, and Med-Pak, L.L.C, Lewis P. Zeidner, Marvin R. Richardson, and John Brady, Counterclaim Plaintiffs, V5. McKesson Medication Management, liC, Counterclaim Defendant. TO: Plaintiff, above named, and its attorneys, Eduardo G. Roy, Squire, Sanders & Dempsey, L.L.P., Suite 300, One Maritime Plaza, San Francisco, California 94111; Philomena M. Dane and Emily E.B. Root, Squire, Sanders & Dempsey, L.L.P., 1300 Huntington Center, 41 South High Street, Columbus, Ohio 43215; and Donald M. Lewis and Matthew E. Johnson, Halleland Lewis Nilan Sipkins & Johnson, P.A., 600 Pillsburl' Center South, 220 South Sixth Street, Minneapolis, Minnesota 55402-4501. PLEASE TAKE NOTICE that, pursuant to Rule 30 of the Minnesota Rules of Civil Procedure, defendants Zeidncr, Richardson, and Brady, by their attorneys, will take the videotaped depositions duces tecum of the below listed individuals by oral examination, at the designated dares and times, and continuing thereafter until the depositions are complete, EXHIBIT I A . . , at the law offices of Douglas and Douglas, 27 West High Street, Carlisle, Pennsylvania, 17013: Deponent Date Time Rite Aid Records Custodian February 28, 2005 9:0(J a.m. Mark Panzer February 28, 2005 10:00 a.m. Phillip J. Keough IV February 28, 2005 II:OOa.m. Bruce Wiswell February 28, 2005 I :00 p.m. Mike Podgurski February 28, 2005 2:00 p.m. Jim Mastrian February 28, 2005 3:00p.m. Mary Sammons February 28, 2005 4:00 p.m. The depositions will be taken in Live Note Realtime and videotaped before a qualified court reporter, or other person authorized by law to administer oaths. You are further notified that pursuant to Minnesota Rule of Civil Procedure 30.02, the above-referenced deponents (other than the Custodian of Records) are requested to bring with them to the depositions all papers and documents in their possession,custody, and control as described in Schedule A attached hereto. The Custodian of Records is requested to bring with him or her to the deposition aU papers and documents in his or her possession, custody, and control as described in Schedule B attached hereto. Dated: December Jk, 2004 FLYNN, GASKINS & BENNETT, L.L.P. ~~.~~ Barbara Je Aquila, #2 X Cynthia A. Bremer, #273119 Kelly A. Moffitt, #0341009 333 South Seventh Street, Suite 2900 Minneapolis, MN 55402 612-333-9500 .2. Attomeys for Defendants Med-Pak, L.L.C., Lewis P. Zeidner, Marvin R. Richardson,JohnJ. Brady, Pharmacy Partners, L.L. c., Phannacy Acquisition Services, Inc., and BRZ, L.L.c. - 3- . . SCHEDULE A 1 . Any and all documents and/or records regarding communications between yourself and any employee and/ or representative of McKesson Medication Management and/or McKesson Corporation relating to any of the abovc,ti,tcd defendants; 2, Any and all documents pertaining to McKesson Medication Management. - 4- SCHEDULE B 1, Marvin Richardson's Personnel File; 2. Any and all communications between Rite Aid Corporation and McKesson Medication Management and/or McKesson Corporation regarding any of the above-listed defendants in this matter; 3. Any and all telephone records from November 1, 2003 to the present that show telephone calls (either incoming or outgoing) between anyone at McKesson Medication Management and any Rite Aid employees. .5. ; McKesson Medication' Management; :LLC miIitheCoUrtof'Common'Pleas'of Cumberland County Pennsylvania Plaintiff : vs i Med-Pak, L.L.c., Lewis P. Zeidner, i Marvin R. Richardson, John J. Brady, i Pharmacy Partners, L.L.c., Pharmacy i Acquisitions Services, Ine., and BRZ, : L.L.c. Defendants: vs i Med-Pak, L.L.c., Lewis P. Zeidner, i Marvin R. Richardson and I John J. Brady, Counter aaim Plaintiffs i vs : McKesson Medication Management, ;LLC ~?'!.~!~~~!~~!?e!~1.l:~~!J", No. 05- ;;;?S Civil Term L\ JAN 1 8 200)1'- ......................J Order Authorizing Subpoena Under Pa.R.c.P. 234.1 Civil Action Law Miscellaneous And Now on this the z. 'f' day of January, 2005, pursuant to Pa.R.c.P. 234.1 the Prothonotary is Ordered to issue subpoenas duces tecum directing the witnesses to appear for deposition in accordance with the attached Request for Subpoenas. ~o~ /?f 0" i14- J. \;':~.rtrAli\:3(') i'~':Jc! ALNnC:(:: c:\",,'-:~F]8!'~n:) SO :C Hd lJZ N~r ~anz A::iY1CNC},U.Odd 3ri.L ~O 3JL:l:iO-'G:r!1:,\ SHERIFF'q RET~RN - NOT FOUND CASE NO: 2005-00285 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MCKESSON MEDICATION MANAGEMENT VS MED-PAK LLC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who b WISWELL BRUCE b was duly sworn according to law, says, that he made a diligent sear inquiry foe the within named WITNESS -- unable to locate Him in his bailiwick. He therefore returns SUBPOENA , NOT FOUND , as to the within named WITNESS , WISWELL BRUCE 30 HUNTER LANE CAMP HILL, PA 17011 WISWELL WORKS IN VALLEY GREEN OFFICE IN YORK COUNTY. 6.00 .00 5.00 10.00 .00 21.00 So answers ;..-'" .--/) ,.-/,:..'" ."",,', ,.- "'-.:',,-:-"/, ..',::s'~/ ?::~ / R. Thomas Kline Sheriff of Cumberland County c' Sheriff's Costs: Docketing Service Not Found Surcharge --.- DOUGLAS LAW OFFICE 03/02/2005 Sworn and subscribed to before me this 7 day of ~ df?2I~.D. 'r'~~ SHERcFF'~ RETURN - REGULAR CASE NO: 2005-00285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKESSON MEDICATION MANAGEMENT VS MED-PAK LLC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon RITE AID RECORDS CUSTODIAN t e WITNESS at 1642:00 HOURS, on the 7th day of February, 2005 -- at 30 HUNTER LANE CAMP HILL, PA 17011 by handing to JAMIE KREITZER, PARALEGAL ADULT IN CHARGE a true and attested copy of SUBPOENA together ith and at the same time directing Her attention to the contents the eof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge 18.00 11.10 .00 10.00 .00 39.10 So Answers: f',/" /"Y ,V~ ,..,:-:;:'. ,. /,d . ,._" #-":r..-:;'.~~; _;:~~ "72;:~'Sl-~-;;,.,...-,..'a;;..;f;'-.'-i~"1 ~~...... R. Thomas Kline ,.....- 03/02/2005 DOUGLAS LAW OFFICE Sworn and subscribed to before By: ) me this 7 day of ~ 0PD ).--- A. D. JIJ~'~~OSy~A2 ~-' SHERIFF'S RETURN - REGULAR CASE NO: 2005-00285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKESSON MEDICATION MANAGEMENT VS MED-PAK LLC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon MASTRIAN JIM t WITNESS , at 1642:00 HOURS, on the 7th day of February 2005 at 30 HUNTER LANE CAMP HILL, PA 17011 by handing to STEPHANIE BUTLER, SECRETARY ADULT IN CHARGE a true and attested copy of SUBPOENA together ith -- -- and at the same time directing Her attention to the contents the eof. ,...,- Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ,,-:'-"-,;-~:- .._~.'_,.K'.::....t-' R. Thomas Kline 03/02/2005 DOUGLAS LAW OFFICE Sworn and Subscribed to before By: me this 7 day OI~ eXPO. S --- A. D . ~h~-~' ~ -- SHERIFF'S RETURN - REGULAR CASE NO: 2005-00285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKESSON MEDICATION MANAGEMENT VS MED-PAK LLC ET AL BRYAN ~IARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon PODGURSKI MIKE t e WITNESS , at 1642:00 HOURS, on the 7th day of February, 2005 .-.- at 30 HUNTER LANE CAMP HILL, PA 17011 by handing to JULIA HENDRICKSON, SECRETARY, ADULT IN CHARGE a true and attested copy of SUBPOENA together ith and at the same time directing Her attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 -- ,~,..v_.",~'- R. Thomas Kline 03/02/2005 DOUGLAS LAW OFFICE Sworn and Subscribed to before By: ! me this '/ , day Of~ Deput ,;.~(?v--- A.D. P ~y~~ SHERIFF'S RETuRN - REGULAR CASE NO: 2005-00285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKESSON MEDICATION MANAGEMENT VS MED-PAK LLC ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the wlthin SUBPOENA KEOUGH PHILIP J IV was served upon th , at 1642:00 HOURS, on the 7th day of February at 30 HUNTER LANE WITNESS CAMP HILL, PA 17011 LISA BOYER, SECRETARY, 2005 by handing to ADULT IN CHARGE a true and attested copy of SUBPOENA together ith - and at the same time directing Her attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and me this Subscribed to before 7 day Of~ ;2,0 <.> ~-- A. D. ~-~ So Answers: .,<~~..;,;i~~ R. Thomas Kline 03/02/2005 DOUGLAS LAW OFFICE By: SHERIFF'8 RETURN - REGULAR CASE NO: 2005-00285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKESSON MEDICATION MANAGEMENT VS MED-PAK LLC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon PANZER MARK t e WITNESS , at 1642:00 HOURS, on the 7th day of Februar ,2005 at 30 HUNTER LANE CAMP HILL, PA 17011 by handing to SHARON SHUNK, SECRETARY, ADULT IN CHARGE a true and attested copy of SUBPOENA together with -~ and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 -".~.;/".; R. Thomas Kline 03/02/2005 DOUGLAS LAW OFFICE me this 7 ,;J 1>'6 ~ hro~~ ~ Subscribed to before day of ~ By: J Sworn and ._~ A.D.