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Home My WebLink About13-6896 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorianne Sawin Plaintiff File No. 13 - u L VS. • The McClatchy Company Defendant PETITION FOR ISSUANCE OF FOREIGN SUBPOENA This is the Petition of Plaintiffs Lorianne Sawin,Monica Gallardo,Kimberly Holliman,Billy Trahin, Merle Renslow,through undersigned counsel,for the issuance of a foreign subpoena duces tecum averring as follows: 1. Petitioners are Plaintiffs in the above captioned matter litigating a suit in the Superior Court of California, County of Sacramento,case number 34-2009-00033950-CU-OE-GDS. 2. Petitioners seek to take the deposition and request relevant evidentiary documentation from Richard Hively,2309 Market Street,Camp Hill,PA 17011,a third party witness in this matter. 3. Proposed subpoena will be served by a private process server pursuant to Rule 234.2 et seq. WHEREFORE,your Petitioner respectfully request this Honorable Court to issue the Subpoena in the form attached hereto. RESPEC Y SUBMITTED: Mic ael Sachs,Esq.(CA Bar No. 134468) James Rouse,Esq.(CA Bar No. 145152) CALLAHAN&BLAINE,APLC 3 Hutton Centre Drive,Ninth Floor Santa'Ana,CA 92707 Telephone: 714-241-4444 Fax: 714-241-4444 D Attorneys for Plaintiffs,Lorianne Sawin,Monica 1 Gallardo,Kimberly,Holliman,Billy Trahin,Merle <C} Renslow .�$ JUI a .3.Sc) - S' oe4.)a„ Cl<1.11 40 Art I 0248 Yt7 SUBP-020 ATTORNEY OR PARTY WITHOUT ATTORNEY(Name,State Bar number,and address): FOR COURT USE ONLY Michael J. Sachs (SBN 134468) James R. Rouse (SBN 145152) CALLAHAN & BLAINE, APLC 3 Hutton Centre Drive, Ninth Floor Santa Ana, CA 92707 TELEPHONE No.: (714) 241-4444 FAX NO:(Optionat): (714) 241-4445 E-MAIL ADDRESS(Optional): michael@callahan-law.com ATTORNEY FOR(Name): Plaintiffs SUPERIOR COURT OF CALIFORNIA,COUNTY OF Sacramento STREET ADDRESS: 720 Ninth Street MAILING ADDRESS: CITY AND ZIP CODE: Sacramento, CA 95814 BRANCH NAME: County of Sacramento, Main Courthouse PLAINTIFF/PETITIONER:Lorianne Sawin, et al. DEFENDANT/RESPONDENT:The McClatchy Company, et al. DEPOSITION SUBPOENA CASE NUMBER: FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 34-2009-00033950 THE PEOPLE OF THE STATE OF CALIFORNIA,TO(name,address,and telephone number of deponent,if known): RICHARD HIVELY 2309 Market Street, Camp Hill, PA 17011 1.YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date,time,and place: Date: 12/10/13 Time: 9:30 a.m. Address:Geiger & Loria Reporting 2408 Park Drive, #B, Harrisburg, PA 17110 a. I I As a deponent who is not a natural person,you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4.(Code Civ.Proc.,§2025.230.) b. I X You are ordered to produce the documents and things described in item 3. c. LX f' This deposition will be recorded stenographically I X through the instant visual display of testimony and by I X 1 audiotape I X videotape. d. Lx] This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). 2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena.The procedure authorized by Evidence Code sections 1560(b),1561,and 1562 will not be deemed sufficient compliance with this subpoena. 3. The documents and things to be produced and any testing or sampling being sought are described as follows: See Attachment 3 I Continued on Attachment 3. 4. If the witness is a representative of a business or other entity,the matters upon which the witness is to be examined are described as follows: Pi Continued on Attachment 4. • 5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU,A COURT ORDER OR AGREEMENT OF THE PARTIES,WITNESSES,AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. 6. At the deposition,you will be asked questions under oath.Questions and answers are recorded stenographically at the deposition;later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid,at the option of the party giving notice of the deposition, either with service of this subpoena or al the time of the deposition.Unless the court orders or you agree otherwise,if you are being deposed as an Individual,the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT.YOU WILL ALSO BE LIABLE FOR THE SUM OF$500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. s� Date issued:November 14, 2013 (SIGNATURE OF PERSON ISSUING SUBPOENA) James R. Rouse Attorn vs for Plaintiffs (TYPE OR PRINT NAME) (Proof of service on reverse) (TITLE) Page 1 of 2 Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Code or civil Procedure§§2020.510, Judicial SUBP-020 AND PRODUCTION OF DOCUMENTS AND THINGS S� ut ors s.zzo,zGoverr Government `i=t tors A SUBP-020 PLAINTIFF/PETITIONER:Lorianne Sawin, et al. CASE NUMBER: DEFENDANT/RESPONDENT: The McClatchy Company, et al. 34-2009-00033950 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a copy to the person served as follows: a. Person served(name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways(check one): (1) I were paid.Amount: . .$ 0.0 0 (2) ['_1 were not paid. (3) 1 1 were tendered to the witness's public entity employer as required by Government Code section 68097.2.The amount tendered was(specify): . .$ 0.0 0 f. Fee for service: ..$ 0.00 2. I received this subpoena for service on(date): 3. Person serving: a. I Not a registered California process server b. Pi California sheriff or marshal c. [ Registered California process server d. [ I Employee or independent contractor of a registered California process server e. [ Exempt from registration under Business and Professions Code section 22350(b) f. [ Registered professional photocopier g. I Exempt from registration under Business and Professions Code section 22451 h. Name,address,telephone number,and,if applicable,county of registration and number: I declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) SUBP-020(Rev.January 1.20091 PROOF OF SERVICE Page 2 of 2 DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS • r 3 fl ' 13 NI : 0 - 1 CALLAHAN&BLAINE x �t‘"DEPT i Ir T CO C O`U R 1 4-. A Professional Law Corporation pr `.4 - 2 Daniel J. Callahan (Bar No. 91490) Michael J. Sachs(Bar No. 134468) 3 1 Kathleen L. Dunham(Bar No.98653) - - • - James R. ar No. 145152) 4 3 Hutton Centre Rouse Drive(B ,Ninth Floor Santa Ana, California 92707 5 (714)241.4444/(714)241-4445 (FAX] 6 Attorneys for Plaintiffs 7 8 J SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 LORIANNE SAWIN,an individual; ) CASE NO. 34-2009-00033950-CU-OE-GDS MONICA GALLARDO,an individual; ) 12 ROBERT LANGFORD, an individual: ) Judge: Hon. Alan G. Perkins KIMBERLY HOLLIMAN, an individual; ) Dept.: 35 13 BILLY TRAIIJN,an individual; and MERLE ) RENSLOW, an individual;on their own behalf) 14 and on behalf of all others similarly situated, ) COMMISSION TO TAKE ) OUT-OF-STATE DEPOSITION OF 15 Plaintiffs, ) RICHARD HIVELY ) 16 vs. ) ) 17 THE McCLATCHY COMPANY,a Delaware ) Corporation, d/b/a The Sacramento Bee; ) 18 McCLATCHY NEWSPAPERS INC.,a ) Delaware corporation, d/b/a The Sacramento ) 1.9 Bee;and DOES 27 through 50, inclusive, ) Complaint Filed: February 5, 2009 ) Trial Date: February 2,2014 20 Defendants. ) ) 21 22 23 TO THE PEOPLE OF THE STATE OF PENNSYLVANIA,TO COMMISSIONER OR V 111 24 COURT REPORTER ASSOCIATED WITH GEIGER& LORIA REPORTING 25 WHEREAS, it appears to the Superior Court of the State of California, County of Sacramento, ►- 26 from the application of Plaintiffs Lorianne Sawin, Monica Gallardo,Robert Langford, Kimberly �/ 27 Rothman,Bill Trahin,and Merle Renslow,on their own behalf and on behalf of all others similarly 7� 28 situated(collectively, "Plaintiffs") that Richard Hively, whose place of employment address is 2309 COMMISSION TO TAKE OUT-OP-STATE DEPOSITION 1 1 Market Street,Camp 1-lil], Pennsylvania 17011, is a material witness in the action currently pending in 2 this Court between Plaintiffs and Defendants The McClatchy Company and McClatchy Newspapers 3 Inc. (collectively,"Defendants"). 4 WHEREAS,it appears that Richard Hively has personal knowledge of facts that are material to 5 the disputed facts and issues in this action, and his testimony is needed by Plaintiffs to prepare this case 6 for trial. This Court, in confidence of your prudence and fidelity, appoints Geiger& Loria Reporting as 7 commissioner to administer oaths to the witness and take testimony at the deposition. 8 This Court requests that process issue in Cumberland County, Pennsylvania,requiring 9 attendance and enforcing the obligations of the witness to answer questions. 10 You are authorized and empowered at Geiger&Loria Reporting, 2408 Park Drive,Harrisburg, ]1 Pennsylvania 17110, to administer under oath to the witness and to cause the testimony on oral • 12 examination to be reduced to writing and subscribed by the witness, and to certify the deposition to the 13 above-entitled Court and forward it in a sealed envelope,endorsed with the title of this action and 14 I marked"Deposition of Richard Hive ly," to Michael J. Sachs, Esq., attorney for Plaintiffs, at Callahan 15 &Blaine, APLC,3 Hutton Centre Drive,Ninth Floor, Sal • Ana,California 92707. 16 17 Dated: Octo r ,2013 �r 1 3 2013 ovoR"'• i�� dge of e us rio Court 18 Jv 19 _ 0` 4.14 RAYMOND M. CADEI• `y. N U t ng 00\1 21 22 23 24 25 26 27 28 G:\Clients\2964\2964-021Discovery\Out of State Commission Richard Hively\Commission to Take Ow-of-State Deposition.wpd 2 COMMISSION TO TAKE OUT-OF-STATE DEPOSITION