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HomeMy WebLinkAbout05-2043 , . .. 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 Ernail: smurnforduumargolisedelstein.com Attorney for: Movant AMERICAN INDUSTRIAL REFRIGERATION, INC., IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVANIA Movant, v. MISC. DOCKET NO. RANDY KIEFFER, and FES, INC., Respondent. (){; - cJ.D'13 {}; u ,L MOTION FOR SUBPOENAS AND NOW, comes Movant, American Industrial Refrigeration, Inc. ("American"), y and through its counsel, Margolis Edelstein, and hereby moves for subpoenas to be issued t Randy Kieffer ("Mr. Kieffer") and the Custodian of Records at FES, Inc. ("FES"), and ave the following in support thereof: I. American is a California Corporation with a primary place of business in Minne ota. 2. Mr. Kieffer is an adult individual who is employed by FES, Inc., located at 3475 Board Road, York, P A 17405. 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 OH Livermore Construction, Inc., and Hansen Technologies Corp., Defendants. 4. The Iowa state court action involves claims of property and economic loss associ ted .., , with an explosion occurring on or about March 27, 1999, at an ice cream plant owned by ells Dairy. 5. It is believed and, therefore, averred that Mr. Kieffer and the Custodian ofReco s of FES have information and documents relevant to the above-referenced civil action. 6. As such, American filed a motion for the taking of out-of-state depositions with he Iowa District Court for Plymouth County, which was granted by Order dated March 31, 20 5. 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. Kieffer and the Custodian of Records ofFES, allo certified court reporter from the Commonwealth of Pennsylvania to perform the court repo ing duties for the out-of-state depositions. A copy of the Commission for Depositions ofMr. ieffer and the Custodian of Records ofFES are attached hereto collectively as Exhibit "B". 8. American requests that the depositions ofMr. Kieffer and the Custodian ofRec rds of FES be commenced at 9:00 a.m. on May 2,2005, at the law offices of Margolis Edelstein, t 3510 Trindle Road, Camp Hill, Pennsylvania, 17011. 9. In addition, American requests that Mr. Kieffer and the Custodian of Records 0 FES bring the following documents with them to the depositions: a. All documents that relate to agreements between FES, Inc. and Wells Dai , Inc., and/or American Industrial Refrigeration, Inc. (AIR), as part of the We Is Dairy South Ice Cream Plant (SICP) between 1991 and March 27,2004. b. All documents that relate to contracts or purchase orders between FES, I ., and AIR or Wells Dairy, Inc., between 1991 and March 27,2004. 2 .., ' c. All documents that relate to correspondence between FES, Inc., and AIR r Wells Dairy, Inc., between 1991 and March 27, 2004. d. All documents that relate to correspondence between FES, Inc., and AIR r Wells Dairy, Inc., that relate to the Wells Dairy South Ice Cream Plant. e. All documents that refer or relate to any involvement of any kind ofFES, c., in the design, construction, material supply, equipment supply, maintenance or inspection of the SICP or any of the components or equipment contained th em. f. All documents that relate to any expansions, additions, changes, and modifications to the SICP by FES, Inc. g. All documents which relate to the service, inspection, and maintenance 0 the SICP by FES, Inc. h. All documents which relate to the operation of the SICP or any equipmen and/or components contained therein. i. All documents that identify any FES, Inc., employee that worked at the S P between 1991 and March 27, 2004. j. All documents that relate to any as-built or as-designed drawings of the S CP or work done by FES, Inc., at or in the FES or relating to any equipment or components contained within the SICP. k. All documents that relate to any codes, standards, or guidelines to which ES, Inc., referred to in any work performed or specifications provided relating t any components or equipment contained within the Slep. l. All documents, codes, legends, keys, or languages that provides de-codin or 3 .. _j II interpretation or raw data retrieved from the FES Microlink software presen III the Wells Dairy SICP from 1991 to March 27,1999. m. Any documents, reports, or data relating to data collected or retrieved fr m the FES Microlink computer system and/or software present in the SICP prior t March 27, 1999. n. All documents related to or referred to in the documents attached and identified by the bates numbers PRVS 1-7. This inquiry includes a request r the complete report and all "tabs" identified in documents labeled as PRVS 1-7 attached. o. To the extent not identified in response to document categories a-n abov , all documents provided to any other party to this litigation, including any and a 1 documents produced to any party to this litigation in response to a subpoena or notice of taking deposition. This category specifically includes, but is not Ii ited to, all documents provided to Wells Dairy, Inc. 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. Kieffer an the Custodian of Records ofFES. II. American needs the information and documents held by Mr. Kieffer and the Custodian of Records ofFES in order to properly defend itself in the civil action venued in the Iowa District Court for Plymouth County. 4 ... . WHEREFORE, American Industrial Refrigeration, Inc., respectfully requests that th s Honorable Court issue subpoenas requiring the attendance of Randy Kieffer and the Custod an of Records ofFES, Inc., at depositions to commence at 9:00 a.m. on May 2,2005, at the law 0 fices of Margolis Edelstein, at 3510 Trindle Road, Camp Hill, PA 17011, and to bring with them he documents referenced in paragraph 9 of this motion. Respectfully submitted, MARGOLIS EDELSTEIN, Dated: '1--"...f' By: Shaun J. Mumfor ,E Attorney J.D. No.8 3510 Trindle Road Camp Hill, P A 17011 717-975-8114 Attorney for Movant 5 -- ~',/' / / IN THE lOW A DISTRlCT COURT FOR PL YMOUTH COUNTY i~( ; '.~ Plaintiff, LAW NO. LACV029Sn fe;" I~ ' . ..( ,. ./.- I .j,--~,,;, ,.,.,_~(:;() f (I '~(..'/./. '<,,' j' '-'I VI} '"r('" ORDER REGARDlNG DEFENDA 'S MOTION FOR TAKING OUT-O STATE DEPOSITION WELLS DAIRY, INC., Ys. AMERICAN INDUSTRJAL REFRIGERATION, iNC., REFRIGERA TION VALVES AND SYSTEMS CORPORATION, and O.H. LIVERMORE CONSTRUCTION, iNC., and HANSEN TECHNOLOGIES CORP. Defendants. The Motion of Defendant, American Industrial Refrigeration, Inc., for the taking 0 out- ol~state depositions in this matter comes before this Court for consideration. The Defenda t has requested the taking of depositions in the State of Pennsylvania and further requests that their depositions for effect in this rnatter as though taken in the State of Pennsylvania or withi \ 00 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 issu the appropriate commission tothe Pennsylvania courts in which the depositions will take place. Dated this JL~ay of March, 2005 BY THE COURT: Scott 1\2\2989 ~'\: ;-.;..)}J, (0-* .\ .. .. I XHIBIT A '. . IN THE lOW A DISTRICT COURT FOR PLYMOUTH COUNTY WELLS DAIRY, INC., LAW NO. LACV029523 Plaintiff, vs. COMMISSION FOR DEPOSITION OF FES, INC. 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 oflowa to: A QUALIFIED NOTARY PUBLIC AND CERTIFIED COURT REPORTER FOR THE S1 "TE OF PENNSYLVANIA Pursuant to an Order of this Court, made pursuant to the request for Defendant, Arne can Industrial Refrigeration, Inc., you are hereby appointed, commissioned and authorized to ~ the deposition of and obtain records from FES, Inc., 3475 Board Road, York, P A 17405 as de med by Iowa Rule of Civil Procedure 1.707(5). You are authorized to administer an oath to the witness and conduct an oral examin tion 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 e reduced to writing and to certify the deposition to this Court and to forward the depositions i a sealed envelope endorsed with the title of this action and marked "Deposition of FES, Inc." t the attorney conducting the deposition or to such person as designated by stipulation of attorney of record in this action. The depositions of the witness shall be taken May 2, 2005 at 9:30 a.m. and 1 :00 p.m. at a location yet to be determined. ... .. EXHIBIT I ~, .. Dated this :3 \ day of March, 2005. BY: ~ ~'IilI'\ :::r<0.Jl ' Clerk ofDistrict Court, Plymouth County CHARlENE K. PETERSON Copies to: SERVICE LIST Paul T. Falk Carl Metz Steve Jolmson Falk Johnson LLC 20 South Clark Street Suite 1900 Chicago, IL 60603 Telephone: (312) 922- 5800 Fax: (312) 922-3990 E-Mail: ofalk(qlfalkiohnson.com Attorneysfor Wells Dairy Alan Fredregill JeffW. Wright Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, L.L.P. 70 I Pierce Street, Suite 200 P.O. Box 3086 Sioux City, IA 51102-3086 Telephone: (712) 255-8838 Fax: (712) 258-6714 E-Mail: dan.shuck@.heidmanlaw.com Attorneys for Wells Dairy in Recovery Case Steven D. Hamilton Hamilton Law Firm, P.C. 606 Ontario Street P.O. Box 188 Storm Lake, IA 50588 Telephone: (712) 732-2842 Fax: (712) 732-6202 -2- ~ , E-Mail: shlawver@dtgnet.com Attorneys for a.H. Livermore John D. Mayne Missy J. Denton Mayne Law Firm 300 Pioneer Bank Building 701 Pierce Street Sioux City, IA 51102-5049 Telephone: (712) 252-3220 Fax: (712) 252-1535 E-Mail: imayne@iowabar.org Attorneys for RVS Lindsay G. Arthur David M. Reddan Arthur, Chapman, Kettering, Smetak & PikaJa, P.A. 500 Young Quinlan Building 81 South Ninth Street Minneapolis, MN 55402-3214 Telephone: (612) 339-3500 Fax: (612) 339.7655 E-Mail: Igarthur!qJ.arthurchamnan.com dmreddan@arthurchaoman.com Attorneys for R VS The Pillsbury Company William J. Cremer EdmundJ. Siegert Cremer, Kopon, Shaghnessy & Spina, LLC 180 North LaSalle Street, Suite 3300 Chicago, IL 60601 Telephone: (312) 980-3012 Fax: (312) 726-3818 E-Mail: esigert@cksslaw.com Attorneys for Pillsbury DanielL. Hartnett Marci 1. Iseminger Crary, Huff, looter, Sheehan, -3- .. ! Ringgenberg, Hartnett, Storm & Jensen, P.C. -f 614 Pierce, Box 27 Sioux City,]A 51102 Telephone: (712) 277-4561 Fax: (712) 277-4605 E-Mail: dhartnet@craryhuff.com marcil\al,crarvhuff.com Attorneysfor Pillsbury Richard H. Moeller Berenstein, Moore, Berenstein, Heffernan & Moeller, L.L.P. 300 Firstar Bank Building P.O. Box 3207 Sioux City, IA 51102 Telephone: (712) 252-0020 Fax: (712) 252-0656 E-Mail: rmoeller@berensteinlawfirm.com Attorneys for Wells Dairy Juli Wilson Marshall Mary Rose Alexander Julie D. Bailey Matthew B. Mock Lathan & Watkins 233 S. Wacker Sears Tower, Suite 5800 Chicago, IL 60606 Telephone: (312) 876-7738 Fax: (312) 993-9767 E-Mail: iuli.marshall@Iw.com iulie.bailev(al,lw.com Attorneysfor Wells Dairy -4- ! .. .., Thomas H. Cellilli, III Locher, Cellilli, Pavelka & Dostal, L.L.C. 200 The Omaha Club 2002 Douglas Street Omaha, NE 68102 Telephone: (402) 898-7000 Fax: (402) 898-7130 E-Mail: tcelliIli@law7000.com Attorneys/or Hansen Technologies CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was rved upon all parties to the above cause to each of the attorneys of r ord herein at their respective addresses disclosed on the pleadin on ,2005 By: o U.S. Mail o FAX o Hand Delivered 0 Overnight Courier o Certified Mail 0 Other: Signature -5- .- CERTIFICATE OF SERVICE I, Corinne N. Driver, hereby certify that I served a true and COlTect copy of the fore oing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 19th day of April, 2005, and addressed as follows: Randy Kieffer and the Custodian of Records FES, Inc. 3475 Board Road York, PA 17405 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. Arthur/David 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, lA 51102 (Attorneys for Wells Dairy) Peter T. FalklDavid Lechner Carl Metz/Steve Johnson Falk Johnson, LLC 20 South Clark Street, #1900 Chicago, IL 60603 (Attorneys for Wells Dairy) John D. MayneIMissy J. Denton Mayne Law Firm 300 Pioneer Bank Building 70 I Pierce Street Sioux City, lA 55102 (Attorneys for R VS) Edmund Siegert/Bradley M. Burd Cremer, Kopon, Shagnessy & Spina, LLC 180 N. LaSalle Street, #3300 Chicago, IL 60601 (Attorneys for Pillsbury) Daniel L. Hartnett/Marci 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, lA 51102 Storm Lake, lA 50588 (Attorneys for Pillsbury) (Attorney for O.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, Killing Ellwanger, Jacobs & Mohrhauser 522 Fourth Street, #300 Sioux City, IA 51101 (Local Counsel for AIR) MARGOLIS EDELSTEIN, I }J;: M~Y::i Co "G. D 11( fJ r:: If\ tI- \l 'V't -- :::: () t:; D -u ~ ~ ~ ~ J:- ...~ I. '. ~?, () -, on .-1 -,.,," ~i~ -n . ,) C-' r;<: "\ ..0 :-,e - '- ""/1 RECEIVED APR 22 ZOO5}, I ^y hMERICAN INDUSTRIAL ~EFRIGERATION, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Movant, v. MISC. DOCKET NO. OS - :2DI.f3 C;<-->J~j~~YJ I}ANDY KIEFFER and FES, INC., Respondent. ORDER AND NOW, on this ~ day of R~( ,2005, upon tonsideration of the Motion for Subpoenas of American Industrial Refrigeration, Inc., it is hereby pRDERED and DECREED that said motion is GRANTED. The Court hereby directs the Prothonotary to issue subpoenas upon Randy Kieffer and the Custodian of Records of FES, Inc., ~ IIi. rot; ,fl). ,u/ )})..,~ 11, .JotS (quiring their attendance at depositions to commence at ~ a.m. on M"JI 9005, at the law I loffices of Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011, and to bring Iwith them the following documents: I a. All documents that relate to agreements between FES, Inc. and Wells Dairy, Inc., and/or American Industrial Refrigeration, Inc. (AIR), as part of the Wells Dairy South Ice Cream Plant (SICP) between 1991 and March 27, 2004. b. All documents that relate to contracts or purchase orders between FES, Inc., and AIR or Wells Dairy, Inc., between 1991 and March 27,2004. c. All documents that relate to c.orrespondence between FES, Inc., and AIR or Wells Dairy, Inc.., between 1991 and March 27, 2004. d. All documents that relate to correspondence between FES, Inc., and AIR or Wells Dairy, Inc.., that relate to the Wells Dairy South Ice Cream Plant. hO 'II UU f'_ j'dI.lQI'"7 i . 'l':' {, ,,\;;', w<\JIi", :lC T e. All documents that refer or relate to any involvement of any kind of FES, Inc., in the design, construction, material supply, equipment supply, maintenance, or inspection ofthe SICP or any ofthe components or equipment contained therein. f. All documents that relate to any expansions, additions, changes, and modifications to the SICP by FES, Inc. g. All documents which relate to the service, inspection, and maintenance of the SICP by FES, Inc. h. All documents which relate to the operation of the SICP or any equipment and/or components contained therein. i. All documents that identifY any FES, Inc., employee that worked at the SICP between 1991 and March 27, 2004. j. All documents that relate to any as-built or as-designed drawings of the SICP or work done by FES, Inc., at or in the FES or relating to any equipment or components contained within the SICP. k. All documents that relate to any codes, standards, or guidelines to which FES, Inc., referred to in any work performed or specifications provided relating to any components or equipment contained within the SICP. 1. All documents, codes, legends, keys, or languages that provides de-coding or interpretation or raw data retrieved from the FES Microlink software present in the Wells Dairy SICP from 1991 to March 27, 1999. m. Any documents, reports, or data relating to data collected or retrieved from the FES Microlink computer system and/or software present in the SICP prior to 2 . , March 27, 1999. n. All documents related to or referred to in the documents attached and identified by the bates numbers PR VS 1-7. This inquiry includes a request for the complete report and all "tabs" identified in documents labeled as PR VS 1-7, attached. o. To the extent not identified in response to document categories a-n above, all documents provided to any other party to this litigation, including any ;md all documents produced to any party to this litigation in response to a subpoena or notice of taking deposition. This category specifically includes, but is not limited to, all documents provided to Wells Dairy, Inc. BY THE COURT: J. [Y\~; 0~~. r~'- d~ c~ ~ - cji7~./ 'r ~wA i~~ ~~. f (UU';J€ ~ ~ &t rF~) . ~~~$ J S~AUN J. MUMFORD, ESQUIRE P . Supreme Court J.D. No. 84176 ARGOLlS EDELSTEIN 3 10 Trindle Road amp Hill, PA 17011 hone: 717-975-8114 ax: 717-975-8124 irect Email: smumford(cilmaIllolisedelstein.com I MERICAN INDUSTRIAL FRIGERATION, INC., Attorney for: Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Movant, v. MISC. DOCKET NO. NDY KIEFFER, and FES, INC., ()f: - dD'1-3 C;u,L~~ Respondent. MOTION FOR SUBPOENAS AND NOW, comes Movant, American Industrial Refrigeration, Inc. ("American"), by nd through its counsel, Margolis Edelstein, and hereby moves for subpoenas to be issued to andy Kieffer ("Mr. Kieffer") and the Custodian of Records at FES, Inc. ("FES"), and avers the ollowing in support thereof: I. American is a California Corporation with a primary place of business in Minnesota. 2. Mr. Kieffer is an adult individual who is employed by FES, Inc., located at 3475 oard Road, York, PAl 7405. 3. American is involved as a Defendant in a lawsuit in the Iowa District Court for lymouth County, docketed to law number LACV029523, and captioned Wells Dairy, Inc., laintifJ, v. American Industrial Refrigeration, Inc., Refrigeration Valves and Systems orporation, and o.R. Livermore Construction, Inc., and Hansen Technologies Corp., efendants. 4. The Iowa state court action involves claims of property and economic loss associated ., with an explosion occurring on or about March 27,1999, at an ice cream plant owned by Wells J.!>airy. 5. It is believed and, therefore, averred that Mr. Kieffer and the Custodian of Records of i JES have information and documents relevant to the above-referenced civil action. ! 6. As such, American filed a motion for the taking of out-of-state depositions with the wa District Court for Plymouth County, which was granted by Order dated March 31,2005. A opy of said Order is attached hereto as Exhibit "A". 7. In addition, the clerk of the Iowa District Court for Plymouth County issued a ommission for the Deposition of Mr. Kieffer and the Custodian of Records of FES, allowing a ertified court reporter from the Commonwealth of Pennsylvania to perform the court reporting uties for the out-of-state depositions. A copy of the Commission for Depositions ofMr. Kieffer nd the Custodian of Records ofFES are attached hereto collectively as Exhibit "B". 8. American requests that the depositions ofMr. Kieffer and the Custodian of Records of ES be commenced at 9:00 a.m. on May 2,2005, at the law offices of Margolis Edelstein, at 510 Trindle Road, Camp Hill, Pennsylvania, 17011. 9. In addition, American requests that Mr. Kieffer and the Custodian of Records ofFES ring the following documents with them to the depositions: a. All documents that relate to agreements between FES, Inc. and Wells Dairy, Inc., and/or American Industrial Refrigeration, Inc. (AIR), as part of the Wells Dairy South Ice Cream Plant (SICP) between 1991 and March 27, 2004. b. All documents that relate to contracts or purchase orders between FES, Inc., and AIR or Wells Dairy, Inc., between 1991 and March 27, 2004. 2 .., c. All documents that relate to correspondence between FES, Inc., and AIR or Wells Dairy, Inc., between 1991 and March 27, 2004. d. All documents that relate to correspondence between FES, Inc., and AIR or Wells Dairy, Inc., that relate to the Wells Dairy South Ice Cream Plant. e. All documents that refer or relate to any involvement of any kind of FES, Inc., in the design, construction, material supply, equipment supply, maintenance, or inspection of the SICP or any of the components or equipment contained therein. f. All documents that relate to any expansions, additions, changes, and modifications to the SICP by FES, Inc. g. All documents which relate to the service, inspection, and maintenance of the SICP by FES, Inc. h. All documents which relate to the operation of the SICP or any equipment and/or components contained therein. i. All documents that identify any FES, Inc., employee that worked at the SICP between 1991 and March 27, 2004. j. All documents that relate to any as-built or as-designed drawings of the SICP or work done by FES, Inc., at or in the FES or relating to any equipment or components contained within the SICP. k. All documents that relate to any codes, standards, or guidelines to which FES, Inc., referred to in any work performed or specifications provided relating to any components or equipment contained within the SICP. I. All documents, codes, legends, keys, or languages that provides de-coding or 3 .... interpretation or raw data retrieved from the FES Microlink software present in the Wells Dairy SICP from 1991 to March 27,1999. m. Any documents, reports, or data relating to data collected or retrieved from the FES Microlink computer system and/or software present in the SICP prior to March 27, 1999. n. All documents related to or referred to in the documents attached and identified by the bates numbers PRVS 1-7. This inquiry includes a request for the complete report and all "tabs" identified in documents labeled as PRVS 1-7, attached. o. To the extent not identified in response to document categories a-n above, all documents provided to any other party to this litigation, including any and all documents produced to any party to this litigation in response to a subpoena or notice of taking deposition. This category specifically includes, but is not limited to, all documents provided to Wells Dairy, Inc. 10. All of the parties in the above-referenced civil action in the Iowa District Court for lymouth County have been provided with a copy of this motion, as well as Mr. Kieffer and the ustodian of Records ofFES. II. American needs the information and documents held by Mr. Kieffer and the ustodian of Records ofFES in order to properly defend itself in the civil action venued in the rowa District Court for Plymouth County. 4 WHEREFORE, American Industrial Refrigeration, Inc., respectfully requests that this r[onorable Court issue subpoenas requiring the attendance of Randy Kieffer and the Custodian of Itecords ofFES, Inc., at depositions to commence at ~~:~n ~~~~~, ie~~:t the law offices ~fMargolis Edelstein, at 3510 Trindle Road, Camp Hill, PA 17011, and to bring with them the ~ocuments referenced in paragraph 9 of this motion. I I t""d "~/1"(' Respectfully submitted, MARGOLIS EDELSTEIN, /' Shaun J. Mumfor , E Attorney I.D. No.8 3510 Trindle Road Camp Hill, PA l70ll 717-975-8114 Attorney for Movant By: 5 ~- . / /' IN THE lOW A DISTRlCT COURT FOR PLYMOUTH COUNTY -s;. 1,._, ,; '", "'-, " WELLS DAIRY, INe., LAW NO. LACV029513 I~' .~,' ,. 0/,-.'. ;....... , Ii I,.: / ~\(.. ,,"; , u 1/..,.,-. .',_.' !"'C~/V;~~":JJ/ Plaintiff, vs. ORDER REGARDlNG DEFENDANT'S MOTION FOR TAKING Om.-OF- STATE DEPOSITION AMERlCAN INDUSTRlAL REFRlGERATION, lNC, REFRlGERA TION V ALVES AND SYSTEMS CORPORATION, and O.H. LIVERMORE CONSTRUCTION, INC., 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 tothe Pennsylvania courts in which the depositions will take place. .7//551 Dated this.-2L day of March, 2005. Scott BY THE COURT: /1211989 ~) (c,,--A - \. .. .. EXHIBIT I A '. .. IN THE lOW A DISTRICT COURT FOR PLYMOUTH COUNTY WELLS DAIRY, INC., LAW NO. LACV029523 Plaintiff, vs. COMMISSION FOR DEPOSITION OF FES, INC. AMERICAN INDUSTRIAL REFRIGERATION, INC., REFRIGERATION V ALVES 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 FES, Inc., 3475 Board Road, York, P A 17405 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 PelUlsylvania 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 ofFES, Inc." to the attorney conducting the deposition or to such person as designated by stipulation of attorneys of record in this action. The depositions of the witness shall be taken May 2,2005 at 9:30 a.m. and I :00 p.m. at a location yet to be determined. ... .. EXHIBIT I ~. .. . y Dated this 2l \ day of March, 2005. BY: ~ ~'j;)J) -::r~n - Clerk of District Court, Plymouth COIU1ty CHARLENE K. PETERSON Copies to: SERVICE LIST Paul T. Falk Carl Metz Steve Johnson Falk Johnson LLC 20 South Clark Street Suite 1900 Chicago, IL 60603 Telephone: (312) 922-5800 Fax: (312) 922-3990 E-Mail: pfalk@falkiohnson.com AtJorneysJor Wells Dairy Alan Fredregill JeffW. Wright Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, L.L.P. 701 Pierce Street, Suite 200 P.O. Box 3086 Sioux City, IA 51102-3086 Telephone: (712) 255-8838 Fax: (712) 258-6714 E-Mail: dan.shucklalheidmanlaw.com AttqrneysJor Wells Dairy in Recovery Case Steven D. Hamilton Hamilton Law Firm, P.C. 606 Ontario Street P.O. Box 188 Storm Lake, IA 50588 Telephone: (712) 732-2842 Fax: (712) 732-6202 -2- ~ E-Mail: shlawver@dtgnet.com Attorneysfor O.H. Livermore John D. Mayne Missy J. Denton Mayne Law Firm 300 Pioneer Bank Building 70 I Pierce Street Sioux City. IA 51102-5049 Telephone: (712) 252-3220 Fax: (712) 252-1535 E-Mail: imavne@.iowabar.org Attorneysfor RVS Lindsay G. Arthur David M. Reddan Arthur, Chapman, Kettering, Smetak & Pikala, P.A. 500 Young Quinlan Building 81 South Ninth Street Minneapolis, MN 55402-3214 Telephone: (612) 339-3500 Fax: (612) 339-7655 E-Mail: Igarthur@.arthurchaoman.com dmreddan@arthurchaoman.com Attorneysfor RVS The Pillsbury Company William J. Cremer Edmund J. Siegert Cremer, Kopon, Shaghnessy & Spina, LLC 180 North LaSalle Street, Suite 3300 Chicago, IL60601 Telephone: (312) 980-3012 Fax: (312) 726-3818 E-Mail: esigert@cksslaw.com Attorneys for Pillsbury Daniel L. Hartnett Marci L. Iseminger Crary, Huff, Inkster, Sheehan, -3- . ! Ringgenberg, Hartnett, Storm & Jensen, P.C. -1 614 Pierce, Box 27 Sioux City,]A 51102 Telephone: (712) 277-4561 Fax: (712) 277-4605 E-Mail: dhartnet(a).crarvhuff.com marcil(qlcrarvhuff.com Attorneys for Pillsbury Richard H. Moeller Berenstein, Moore, Berenstein, Heffernan & Moeller, L.L.P. 300 Firstar Bank Building P.O. Box 3207 Sioux City, IA 51102 Telephone: (712) 252-0020 Fax: (712) 252-0656 E-Mail: rmoeller(a).berensteinlawfirm.com Attorneysfor Wells Dairy Juli Wilson Marshall Mary Rose Alexander Julie D. Bailey Matthew B. Mock Lathan & Watkins 233 S. Wacker Sears Tower, Suite 5800 Chicago, IL 60606 Telephone: (312) 876-7738 Fax: (312) 993-9767 E-Mail: iuli.marshall@lw.com iulie.bailev(qllw.com Attorneys for Wells Dairy -4- ... , 1 .. Thomas H. Cellilli, III Locher, CeJliJli, Pavelka & Dostal, L.L.C. 200 The Omaha Club 2002 Douglas Street Omaha, NE 68102 Telephone: (402) 898-7000 Fax: (402) 898-7130 E-Mail: tcellillilallaw7000.com Attorneys for Hansen Technologies CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon aU parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on ,2005 By: 0 U.S. Mail 0 FAX o Hand Delivered 0 Overnight Courier o Certified Mail 0 Other: Signature -5- CERTIFICATE OF SERVICE I, Corinne N. Driver, hereby certify that I served a true and correct copy of the foregoing em all counsel of record by placing the same in the United States mail at Camp Hill, J!>ennsylvania, first-class postage prepaid, on the 19th day of April, 2005, and addressed as follows: andy Kieffer and the ustodian of Records ES, Inc. 475 Board Road ork, PA 17405 i r' ulie Wilson Marshall/Julie Bailey atham & Watkins 33 S. Wacker fears Tower, Suite 5800 hicago, IL 60606 Attorneysfor Wells Dairy) , I ichard Moeller erenstein Moore Berenstein Heffernan Moeller, LLP 00 Firstar Bank Building o Box 3207 ioux City, IA 55102 Attorney for Wells Dairy) indsay G. ArthurIDavid M. Reddan hur Chapman, P A 00 Young Quinlan Building I South Ninth Street inneapolis, MN 55402 Attorneysfor RVS) Alan E. FredregilllJeffWright 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. Falk/David Lechner Carl Metz/Steve 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 60601 (Attorneys for Pillsbury) aniel L. Hartnett/Marci L. Iseminger Steven D. Hamilton rary, Huff, Inkster, Sheehan, Hamilton Law Firm, PC inggenberg, Hartnett, Storm & Jensen, PC 606 Ontario Street 14 Pierce, Box 27 PO Box 188 ioux City, IA 51102 Storm Lake, IA 50588 Attorneys for Pillsbury) (Attorney for OR. Livermore) I , ! Thomas H. Celli IIi, 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, Q~i~MGba Co . e . Driver T"-::: '(; ,.:. ~ rJ U( ~ i"'\l ~ -- ~ 0. \"' - v I.J.) 0 -0 II - P- ~ D 1=- '---- ,) '~L:: ,.._" ,~ :~~ .. e