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Home My WebLink About14-5393 GIBBONS P.C. 141— rrOrdub,fi By: Stephen J. Finley, ID No. 200890 { 1700 Two Logan Square 4 SEP AM 11: ( ? 18th and Arch Streets CUIMBERLAND F Philadelphia, PA 19103 'Ch'�dS�'1- ° or Ardj�?COUHatffmannfLa Roche Inc. and (215)446-6265 (215) 446-6325 - Fax Roche Laboratories Inc. sfinley@gibbonslaw.com BRYAN ERWIN CALAMAN, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, . (� ? j 0. HOFFMANN-LA ROCHE INC.; and Case Pending in: ROCHE LABORATORIES INC. Superior Court of New Jersey Law Division: Atlantic County Defendants Docket No. ATL-L-006378-10 MT Accutaneg Litigation PRAECIPE FOR ISSUANCE OF A SUBPOENA TO THE PROTHONOTARY: Kindly issue a Northampton County subpoena directed to Catherine R. Calaman, 840 Lindsey Road, Carlisle, PA 17017. A Subpoena issued by the Superior Court of New Jersey, Law Division: Atlantic County is attached hereto in conformity with 42 Pa. C.S.A. 5335. GIBBONS P.C. BY: Stephen . Finley Attorneys for Petitioner Hoffmann-La Roche Inc. and Roche Laboratories Inc. Dated: September 10, 2014 . CY ,� ills7sct #2130820 v1 036835-12247 (2.jj q ,9 V c CERTIFICATE OF SERVICE I, Stephen J. Finley, Esquire,hereby certify that on September 10, 2014, a true and correct copy of the attached Praecipe for Issuance of a Subpoena, was served by mailing same via United States first-class mail, postage prepaid,upon the following: Tayjes M. Shah, Esq. The Miller Firm LLC 108 Railroad Ave Orange, VA 22960 GIBBONS P.C. By: Stephen J. Finley #2130820 v 1 036835-72247 t BRYAN ERWIN CALAMAN, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, V. NO. HOFFMANN-LA ROCHE INC.; and Case Pending in: ROCHE LABORATORIES INC. Superior Court of New Jersey Law Division: Atlantic County Defendants Docket No. ATL-L-006378-10 MT Accutane® Litigation COUNSEL LIST Tayjes M. Shah, Esq. The Miller Firm LLC 108 Railroad Ave Orange, VA 22960 540-672-4224 Michelle M. Bufano, Esquire Gibbons P.C. One Gateway Center Newark,NJ 07102-5310 973-596-4500 Stephen J. Finley, Esquire Gibbons P.C. 1700 Two Logan Square 18th and Arch Streets Philadelphia, PA 19103 215-446-6265 #2130820 v1 036835-72247 D032014 y /� {t1lECEID ani GIBBONS P.C. FAD One Gateway Center AUG 2 g 2014 Newark,New Jersey 07102-5310 (973) 596-4500 6TH 4C COUNT'` Attorneys for Defendants t AW DIVIS10F Hoffinann-La Roche Inc. and Roche Laboratories Inc. BRYAN ERWIN CALAMAN, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ATLANTIC COUNTY . Plaintiff{s}, DOCKET NO.: ATL-L-006378-10 MT 4 V. CIVIL ACTION HOFFMANN-LA ROCHE INC.; ROCHE LABORATORIES INC.; ACCUTANE®LITIGATION F.HOFFMANN-LA ROCHE LTD.; and ROCHE HOLDING LTD., ORDER Defendants. Upon the application of defendants Hoffmann-La Roche Inc. and Roche Laboratories Inc. ("Defendants"),by and through their attorneys,Gibbons P.C., for the issuance of a commission requesting the Court of Common Pleas of the State of Pennsylvania, Cumberland County,to direct the Clerk of Court to issue a subpoena duces tecum and ad testificandum in connection with the deposition of Catherine R. Calaman,and issue any other appropriate order or process in aid of such Commission;and for good cause shown, IT IS on this a&Nay of ,2014 ORDERED that the Defendants' request for the issuance of.a Commission for the deposition and collection of records from Catherine R. Calaman is hereby granted; and it is further ORDERED that this Court hereby authorizes the issuance of,and hereby issues, its Commission,pursuant to R. 4:11-5, in the form annexed hereto for the taking'of the deposition of Catherine R. Calaman, at the time and place of the deposition,and for the production of all documents relating to any of the subjects listed on the Schedule A annexed to the Commission; and it is further ORDERED,that the Clerk of the Superior Court of New Jersey,Atlantic County to affix the proper seal to said Commission;and it is further ORDERED,that this Court respectfully requests that the Court of Common Pleas of the State of Pennsylvania,Cumberland County,direct the Clerk of that Court to issue a subpoena duces tecum and ad testificandum and issue any appropriate process in aid of such Commission; and it is further ORDERED that counsel for Defendants shall serve a copy of this Order upon all counsel of record within seven(7)days of receipt hereof. Honorable Nelson C. Johnson,J.S.C. GIBBONS P.C. One Gateway Center Newark,New Jersey 07102-5310 (973)596-4500 Attorneys for Defendants Hoffmann-La Roche Inc. and Roche Laboratories Inc. BRYAN ERWIN CALAMAN i SUPERIOR COURT OF NEW JERSEY { LAW DIVISION: ATLANTIC COUNTY Plaintiff(s), DOCKET NO.:ATL-L-006378-10 MT v. CIVIL ACTION HOFFMANN-LA ROCHE INC.; ROCHE LABORATORIES INC.; ACCUTANEO LITIGATION R HOFFMANN-LA ROCHE LTD.;and ROCHE HOLDING LTD., COMMISSION TO TAKE THE DEPOSITION OF Defendants, CATHERINE R. CALAM^ PURSUANT TO R.4:11-5 TO: GIBBONS P.C. One Gateway Center Newark,New Jersey 07102-5310 OR Any Person Before Whom Depositions May Be Taken Under the Rules of Practice of The-State of Pennsylvania WHEREAS, it appears to this Court,the Superior Court of New Jersey, Atlantic County, that Catherine R. Calaman, 840 Lindsey Road, Carlisle,PA 17015 may have information relevant to the issues in this action,including but not limited to information relating to the subjects listed on the annexed Schedule A;that such information and all documents which record,reflect,refer or relate to any of those subjects requested by the Defendants are proper subjects of discovery in this action,and that attendance by the above-named witness at the deposition and production of the requested documents by same may not be compelled without this Court's issuance of this commission and the issuance by the Court of Common Pleas of the State of Pennsylvania, Cumberland County,for an order directing the Clerk of that Court to issue a subpoena duces tecum and ad testificandum or other appropriate orders or process in aid of such commission; NOW,THEREFORE,in confidence of your prudence and fidelity, we hereby appoint you Commissioner for the deposition upon oral examination of Catherine R, Calaman,to be taken before you,and for the production by the above-named witness of all documents which record,reflect,refer or relate to any of the subjects listed on the annexed Schedule A, at a time and place to be determined;and IN THE DISCHARGE OF THIS COMMISSION you are hereby authorized and empowered,at a time and place in Cumberland County,designated by you or such other times and places as shall be mutually agreed upon by the witness and the parties to this action,to permit the parties to inspect and copy the documents to be produced by Catherine R. Calaman, and to put the witness on oath,record and transcribe the testimony of the witness on a date to be mutually agreed upon by the witness and the parties to this action,to certify on the deposition that the witness was duly sworn by you and the deposition is a true record of the witness' testimony and seal the deposition in an envelope endorsed with the title of this action and marked "Deposition of Catherine R.Calaman, 840 Lindsey Road,Carlisle,PA 17015"and file it by mail with the Clerk of the Superior Court of New Jersey,Law Division,Atlantic County, 1201 Bacharach Boulevard, 1"Floor,Atlantic City,NJ 08401 or as may be otherwise agreed by the parties to this action. Michelle M. Smith, Csq. Clerk of Superior Cuurt Clerk of Superior Court of New Jersey Dated:'&� '2014 ENTER SEAL OF ATLANTIC COUNTY SCHEDULE A DQCUMENTS TO BE PRODUCED BY CATHERINE R.CALAMAN A. Definitions The following definitions are applicable to the request for documents to be produced by Catherine R. Calaman: 1. The term"documents"is used in the broadest sense and includes(without limitation)memoranda,summaries or records of telephone conversations, summaries or records of personal conversations or interviews,diaries, graphs,reports, notebooks,charts,minutes, plans,applications, receipts, bills,drawings,blueprints, slides, films, microfilm,electronic transmissions,videotapes, desk calendars,computer printouts,printed or typed matter,records, notes,photographs,slides, films,microfilm,videotapes,desk calendars, computer printouts and every type of data compilation, all forms of computer storage and retrieval, agreements or any amendments thereof,and all writings of every description and all drafts of such writings. The term"documents"also includes the original and/or any non-identical original or copy,including those with any marginal notes or comments,or showing additions,deletions or substitutions. 2. The term"or"means and/or,and the term"and"means and/or. 3. The term"you"or"your"means the answering party, Catherine R. Calaman. B. Categories of Documents to be Produced 1. Copies of all written,audio and television/video advertisements concerning Accutane or isotretinoin placed in or on any newspaper,magazine, radio, television,cable, flyer, billboard or other means of communication published or distributed in the states of residence of Plaintiff together with dates of distribution and publication,placed by Plaintiffs' lawyers,their firms or any other lawyers or firms affiliated with or referring plaintiffs to them. If you are in possession,custody or control of any lawyer advertising,whether or not placed by Plaintiff's attorneys or affiliated or referring firms,those ads should be produced as well. 2. Copies of all documents,papers or things, including but not limited to newspapers,magazines, literature,internet research and materials, internet forums, blogs and/or bulletin boards and materials,emails,brochures,patient brochures,consent forms,physician materials,pharmacist materials,manufacturer materials,notes(whether generated by plaintiff or others),advertisements(whether for Accutane,isotretinoin, lawyers or litigation)relating in any way to Accutane, isotretinoin,acne,acne treatment,IBD, colitis, ulcerative colitis, Crohn's Disease, insurance benefits, insurance applications,disability benefits or applications, unemployment benefits or applications,in your custody or control or reasonably available to you. 3. Copies of documents related to or requested in connection with Plaintiff's Fact Sheet that has not previously been produced in your possession, custody or control: 4. Copies of any and all medical records collected by Plaintiff not previously produced in connection with Plaintiff's fact sheet in your possession, custody or control. i S. Any and all documents related to Plaintiff's claims in this litigation in your i possession,custody or control. 6. Any and all documents in your possession,custody or control related to Accutane. j