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Home My WebLink About05-1449 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court J.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Phone: 717-975-8114 Fax: 717-975-8124 Direct Email: smumford(cUmargolisedelstein.com Attorney for: Movant AMERICAN INDUSTRIAL REFRIGERATION, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Movant, v. MISC. DOCKET NO. OS----~ 1'f'rCf ~ RICHARD THOMSON, and FOOD ENGINEERING, INC., Respondent. MOTION FOR SUBPOENA AND NOW, comes Movant, American Industrial Refrigeration, Inc. ("American"), by and through its counsel, Margolis Edelstein, and hereby moves for a subpoena to be issued to Richard Thomson ("Mr. Thomson"), of Food Engineering, Inc. ("Food Engineering"), and avers the following in support thereof; I. American is a California Corporation with a primary place of business in Minnesota. 2. Richard Thomson is an adult individual who is employed by Food Engineering, Inc., of 4750 Delbrook Road, #102, Mechanicsburg, PA 17050-3017. 3. American is involved as a Defendant in a lawsuit in the Iowa District Court for Plymouth County, docketed to law number LACV029523, and captioned Wells Dairy, Inc., Plaintiff, v. American Industrial Refrigeration, Inc., Refrigeration Valves and Systems Corporation, and o.R. Livermore Construction, Inc., and Hansen Technologies Corp., Defendants. 4. The Iowa state court action involves claims of property and economic loss associated with an explosion occurring on or about March 27, 1999. 5. It is believed and therefore averred that Mr. Thomson has information and documents relevant to the above-referenced civil action, in particular with regard to the condition of the scene following the explosion, the rebuild of the refrigerant system at issue and the operation of the refrigerant system. 6. As such, American filed a motion for the taking of out-of-state depositions with the Iowa District Court for Plymouth County, which was granted by Order dated February 25,2005. A copy of said Order is attached hereto as Exhibit "A". 7. In addition, the clerk of the Iowa District Court for Plymouth County issued a Commission for the Deposition ofMr. Thomson, allowing a certified court reporter from the Commonwealth of Pennsylvania to perform the court reporting duties for the out-of-state deposition ofMr. Thomson. A copy of the Commission for Deposition ofMr. Thomson is attached hereto as Exhibit "B". 8. American requests that the deposition ofMr. Thomson be commenced at 9:00 a.m. on April 13, 2005, at the law offices of Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania, 17011. 9. In addition, American requests that Mr. Thomson bring the following documents with him to the deposition: a. All documents analyzed, used, reviewed, and relied on in preparation of the technical paper presented to the HAR Ammonia Refrigeration Conference in 2002, Over pressurized Systems Components, Hydrostatic Expansion, and 2 Hydraulic Shock. b. All texts, scientific journals, or scholarly writings used in preparation of the technical paper presented to the HAR Ammonia Refrigeration Conference in 2002, Over pressurized Systems Components, Hydrostatic Expansion, and Hydraulic Shock. c. All documents identifying the location of CIS experiences I through 5 as contained in the technical paper presented to the HAR Ammonia Refrigeration Conference in 2002, Overpressurized Systems Components, Hydrostatic Expansion, and Hydraulic Shock. d. All photographs, diagrams, notes, writings, or electronic documents used or relied on in the preparation of figures 10 through 12, contained in the technical paper presented to the HAR Ammonia Refrigeration Conference in 2002, Over pressurized Systems Components, Hydrostatic Expansion, and Hydraulic Shock. e. A copy of the complete report related to the Wells Dairy, Inc., South Ice Cream plant completed by Richard B. Thomson of Food Engineering, Inc., dated September 23, 1999. f. A copy of all documents relied on in preparation of the September 23, 1999, report identified in request letter e, above. g. All follow up reports or documents prepared in relation to the Wells Dairy, Inc., South Ice Cream plant. h. All documents relied on in preparation ofreports identified in response to 3 request letter g, above. 10. All of the parties in the above-referenced civil action in the Iowa District Court for Plymouth County have been provided with a copy of this motion, as well as Mr. Thomson. II. American needs the information and documents held by Mr. Thomson in order to properly defend itself in the civil action venued in the Iowa District Court for Plymouth County. WHEREFORE, American Industrial Refrigeration, Inc., respectfully requests that this Honorable Court issue a subpoena requiring the attendance of Richard Thomson at a deposition to commence at 9:00 a.m. on April 13, 2005, at the law offices of Margolis Edelstein, at 3510 Trindle Road, Camp Hill, P A 170 II, and to bring with him the documents referenced in paragraph 9 of this motion. ord, Attorney J.D. o. 8 3510 Trindle Road Camp Hill, P A 17011 717-975-8114 Attorney for Movant Dated: 3 -/ ~ / C 5' By: 4 i t..", IN THE IOWA DISTRICT COURT FOR PLYMOUTH COUNTY 171. / < ;.'U. ., 'lit;,.. "- '?rF Plaintiff, LAW NO. LACVO:!9s23 Illil/. itr;;,,:, . 0/ c.,,! _, ... ... '-Owt;'f-/u1?r ORDER REGARDING DEFENDANT'S MOTION FOR TAKING OUT-OF- STATE DEPOSITION WELLS DAIRY, INC., vs. AMERICAN INDUSTRIAL REFRIGERATION, INC., REFRIGERATION VALVES AND SYSTEMS CORPORATION, and O.H. LIVERMORE CONSTRUCTION, INe., and HANSEN TECHNOLOGIES CORP. Defendants. The Motion of Defendant, American Industrial Refrigeration, Inc., for the taking of out' of-state depositions in this matter comes before this Court for consideration. The Defendant has requested the taking of depositions in the State of Pennsylvania and further requests that their depositions for effect in this matter as though taken in the State of Pennsylvania or within 100 miles thereof pursuant to the Iowa Rules of Civil Procedure. Defendant's Motion is granted. It is further ordered that the Clerk of Court shall issue the appropriate commission to the Pennsylvania courts in which the depositions will take place. Dated thi~ day of February, 2005. BY THE COURT: /Sf ,lAMES D. SCOTT Judge James Scott /1205430 . ~ <! " ~ !1 ~~ ~ <! . .. IN THE IOWA DISTRlCT COURT FOR PLYMOUTH COUNTY WELLS DAIRY, INC., LAW NO. LACV029523 Plaintiff, vs. COMMISSION FOR DEPOSITION OF RICHARD THOMSON AMERICAN INDUSTRIAL REFRIGERATION, INC., REFRIGERATION VALVES AND SYSTEMS CORPORATION, and O.H. LIVERMORE CONSTRUCTION, INC. and HANSEN TECHNOLOGIES CORP. Defendants. The people of the State ofIowa to: A QUALIFIED NOTARY PUBLIC AND CERTIFIED COURT REPORTER FOR THE STATE OF PENNSYLVANIA Pursuant to an Order of this Court, made pursuant to the request for Defendant, American Industrial Refrigeration, Inc., you are hereby appointed, commissioned and authorized to take the deposition of and obtain records from Richard Thomson, Food Engineering, Inc., 4750 Delbrook Road #102, Mechanicsberg, PA 17050-3017 as defined by Iowa Rule of Civil Procedure 1.707(5). You are authorized to administer an oath to the witness and conduct an oral examination in the manner provided by the Iowa and/or Pennsylvania Rules of Civil Procedure. You are further authorized and directed to cause the examination of the witnesses to be reduced to writing and to certify the deposition to this Court and to forward the depositions in a sealed envelope endorsed with the title of this action and marked "Deposition of Richard Thomson." to the attorney conducting the deposition or to such person as designated by stipulation of attorneys of record in this action. , ~ " " w i ;Q ~~ ~ " CERTIFICATE OF SERVICE I, Corinne N. Driver, hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 16th day of March, 2005, and addressed as follows: Richard Thomson Food Engineering, Inc. 4750 Delbrook Road, #102 Mechanicsburg, P A 17050 Julie Wilson Marshall/Julie Bailey Latham & Watkins 233 S. Wacker Sears Tower, Suite 5800 Chicago, IL 60606 (Attorneys for Wells Dairy) Richard Moeller Berenstein Moore Berenstein Heffernan & Moeller, LLP 300 Firstar Bank Building PO Box 3207 Sioux City, IA 55102 (Attorney for Wells Dairy) Lindsay G. ArthurlDavid M. Reddan Arthur Chapman, P A 500 Young Quinlan Building 81 South Ninth Street Minneapolis, MN 55402 (Attorneys for R VS) Alan E. Fredregill/JeffWright Heidman, Redmond, Fredregill, Patterson Plaza, Dykstra & Prahl, LLP 701 Pierce Street, #200 PO Box 3086 Sioux City, IA 51102 (Attorneys for Wells Dairy) Peter T. FalklDavid Lechner Carl MetzlSteve Johnson Falk Johnson, LLC 20 South Clark Street, #1900 Chicago, IL 60603 (Attorneys for Wells Dairy) John D. Mayne/Missy J. Denton Mayne Law Firm 300 Pioneer Bank Building 701 Pierce Street Sioux City, IA 55102 (Attorneys for R VS) Edmund Siegert/Bradley M. Burd Cremer, Kopon, Shagnessy & Spina, LLC 180 N. LaSalle Street, #3300 Chicago, IL 6060 I (Attorneys for Pillsbury) Daniel L. HartnettlMarci L. Iseminger Steven D. Hamilton Crary, Huff, Inkster, Sheehan, Hamilton Law Firm, PC Ringgenberg, Hartnett, Storm & Jensen, PC 606 Ontario Street 614 Pierce, Box 27 PO Box 188 Sioux City, IA 51102 Storm Lake, IA 50588 (Attorneys for Pillsbury) (Attorney for G.H Livermore) Thomas H. Cellilli, III Locher, Cellilli, Pavelka & Dostal, LCC 200 The Omaha Club 2002 Douglas Street Omaha, NE 68102 (Attorney for Hansen Technologies) By: Matthew T. E. Early Rawlings, Nieland, Probasco, Killinger, Ellwanger, Jacobs & Mohrhauser 522 Fourth Street, #300 Sioux City, IA 51101 (Local Counsel for AIR) MARGOLIS EDELSTEIN, {l{!J;r~~ .nne N. Driver ~ ~> 1",:1 ,."' , -r' \...' J\ \':; ~ \s, :---\ \.., ,--\ ~ -- (i' - '- ~, 0 <>\\ ~ ~ - {,,) \''- -'~ {,,] (2) -"" t .~ MAR 1 8 2005 -^" AMERICAN INDUSTRIAL REFRIGERATION, INC., IN THE COURT OF COMMON P AS OF CUMBERLAND COUNTY, PENNSYLVANIA o~ If'-('1 ~ ~ MISe. DOCKET NO. ' Movant, v. RICHARI) THOMPSON, and FOOD ENGINEERING, INC., Respondent. ORDER AND NOW, on this Z 1->1-- day of yv1 V .::..-L. ,2005, up consideration ofthe Motion for Subpoena of American Industrial Refrigeration, Inc., t is hereby ORDERED and DECREED that said motion is GRANTED. The Court hereby direc the Prothonotary to issue a subpoena upon Richard Thomson requiring his attendance at deposition to commence at 9:00 a.m. on April 13, 2005, at the law offices of Margolis Edelstein 3510 Trindle Road, Camp Hill, Pennsylvania 17011, and to bring with him the following cuments: a. All documents analyzed, used, reviewed, and relied on in preparati n of the technical paper presented to the HAR Ammonia Refrigeration Confer nce in 2002, Over pressurized Systems Components, Hydrostatic Expansion, nd Hydraulic Shock. b. All texts, scientific journals, or scholarly writings used in preparati n of the technical paper presented to the HAR Ammonia Refrigeration Confer nce in 2002, Over pressurized Systems Components, Hydrostatic Expansion, nd Hydraulic Shock. c. All documents identifying the location of CIS experiences I throu 5 as contained in the technical paper presented to the HAR Ammonia Re6 aeration '\!\N'Y.i{\VSi\:N~d \ 1'1"'..'-' (1.' 'J^'.'-. '~."'''^ I''':''Y''\ l'~ 1,! ,__,l' _\\.1,1I~\ IV \'; : \ \ W~ zz W~~ ~U~~ t,\.NJ.C'.'(ii-l\.0b:J 3'r1i =.0 j:)i~~,;',Gj:31B -"~. j Conference in 2002, Overpressurized Systems Components, Hydrostati Expansion, and Hydraulic Shock. d. All photographs, diagrams, notes, writings, or electronic documents sed or relied on in the preparation of figures 10 through] 2, contained in the t hnical paper presented to the HAR Ammonia Refrigeration Conference in 20 Over pressurized Systems Components, Hydrostatic Expansion, and H iraulic Shock. e. A copy of the complete report related to the Wells Dairy, Inc., Sout Ice Cream plant completed by Richard B. Thomson of Food Engineering, Inc., d' ed September 23,1999. f. A copy of all documents relied on in preparation of the September , 1999, report identified in request number 5, above. g. All follow up repOlts or documents prepared in relation to the Wel Dairy, Inc., South Ice Cream plant. h. All documents relied on in preparation ofreports identified in resp nse to request number 7, above. BY THE COURT: '-~ , ;Y )y ~\)~. ...y." ~l' . .. 7) \) \>\a 1-..'~ \).J 1. 2