HomeMy WebLinkAbout05-5386
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
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PETITION FOR ISSUANCE OF SUBPOENA TO PRODUCE DOCUMENTS
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AND NOW come Petitioners, drugstore. com, Dave Krishna, Frank Padlo, John Morris,
Daniel Studar and Troy Sheets ("Petitioners"), by and through their undersigned attorneys, and
request that this Honorable Court grant their Petition for Issuance of Subpoena to Produce
Documents, averring as follows:
1. Petitioners are the defendants in a lawsuit styled Michelle Giovannucci v.
drugstore.com. Dave Krishna. Frank Padlo. John Morris. Daniel Studar. and Trov Sheets, filed in
the Superior Court of New Jersey, Burlington County, Docket No. L-841-05. The Complaint
alleges wrongful acts on the part of defendants including, but not limited to, tortious interference
with contractual relations, defamation, and invasion of privacy. A copy of the Complaint in said
lawsuit is attached hereto as Exhibit "A."
2. Petitioner drugstore.com is a Washington State corporation with its principle
place of business located at 411 108th Avenue Northeast, Suite 1400, Bellevue, Washington.
3. Rite Aid Corporation maintains its principal place of business and its records at
30 Hunter Lane, Camp Hill, Pennsylvania 17011
4. Pursuant to various federal and state regulatory requirements, drugstore.com is
required to have licensed pharmacists fill any prescription orders, for customers, received over
the internet and through the mail.
5. In connection with these regulatory requirements, drugstore.com and Rite Aid
entered into an arrangement whereunder Rite Aid provides products and services to
drugstore.com in connection with drugstore.com's sale of prescription drugs.
6. As part of this arrangement, Rite Aid provides drugstore.com with Rite Aid
Corporation employees to assist in the supervision of the dispensing of prescription drugs by
employees of drugstore.com. In connection therewith, in December 2003, Rite Aid assigned
Ms. Giovannucci, the plaintiff in the lawsuit against Petitioners, to work at the Swedesboro
facility.
7. As Plaintiff was an employee of Right Aid, any documents relevant to her
employment, documents relevant to her assignment to the drugstore. com facility, documents
relevant to complaints against her, and documents contained in her personnel file were and are
maintained by Right Aid Corporation.
8. As such, Petitioners request the production of the documents as listed in the
attached subpoena.
9. The aforementioned documents are material and necessary to defend against
Plaintiffs allegations in connection with the causes of action stated in Plaintiffs Complaint.
Upon information and belief, they contain relevant information with regard to Plaintiffs
allegations.
10. Counsel for Ms. Giovannucci in the Burlington Court action is Amy Sunnergren.
Amy Sunnergren has been informed that this Petition would be filed and does not oppose
issuance of the Subpoena.
II. Pursuant to New Jersey Court Rules, Petitioners obtained from the New Jersey
Superior Court a letter rogatory signed by the Honorable Marie W. Bell requesting that the Court
of Common Pleas of Cumberland County issue the requested subpoena. A copy of that letter is
attached Exhibit "B."
12. A copy of the Subpoena which Petitioners propose to serve on Rite Aid is
attached hereto as Exhibit "C."
WHEREFORE, Petitioners request that this Honorable Court grant this Petition for
Issuance of Subpoena to Produce Documents.
Respectfully submitted,
JACKSON LEWIS LLP
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By: '~~~
Ma n J. Sawilfrs
PA D #19940
One PPG Place, 28th Floor
Pittsburgh, P A 15222
(412) 232-0125
FAX (412) 232-3441
COUNSEL FOR DEFENDANTS,
DRUGSTORE.com, DAVE KRISHNA,
FRANK P ADLO, JOHN MORRIS,
DANIEL STUDAR and TROY SHEETS
Dated: October 13.2005
.'
If. MICIlAEL DJULY, JR., LLC
ATTOl\.NE'! AT LAW
216 Haddn Avenue - Sentry Office Plaza - suite 100
Westmont, NJ 08109
Telephone No. (956) 833-0006
Fax No. (856) 833-1083
Attorney (B) for the plaintiff
FUe ltF-9860
Plaintiff,
SUPERIOR COURT OF N2W JERSEY
LAW DIVISION
BURLINGTON COutl"TY
MICHELLE GIOVANNUCCI
vs
Docket No. LOOOS41 05
Civil Action
DRUGSTOro:'COM, DAW lOUSHNA, :
FRJIN1( PAOLO, JOHN MORRIS,
DANIEL STUDAR, TROY SHEETS
and JOHN DOES #1 to 50
SUMMONS
Defendants,
From the State of New Jersey, to the Defendant(s) named above:
The pla~ntiff, named above, has filed a lawsuit against
you in the Superior Court of New Jersey. The complaint attached
to this summons states the basis for this lawsu~t. If you dispute
the complaint. you or your attorney must file a written answer or
motion and proof of service with the deputy clerk of the Superior
Court ~n the county listed above within 35 days from the date you
received this summons, not count~ng the date you received it.
The address of the deputy clerk of the Superior Court in
Burlignton County is Civil and General Equity Parts, Burlinqton
County Center Processinq Office, 49 Rancooas Rd., P.O. Box 6555,
Mount Holly, NJ 08060. A $135.00 filing fee payable to the Clerk
of the Superior Court and a completed Case Information Statement
\
Exhibit A
.... -
(available from the deputy clerk of the Superior Court) must
accompany your answer or motion when it is filed. You must also
send a copy of your answer or motion to plaintiff's attorney whose
name and address appear above, or to plaintiff, if no attorney is
named above. A telephone call will not protect your rights, you
must file and serve a written answer or motion (with $135.00 fee
and completed Case Information Statement) if you want the court
to hear your defense.
If you do not file and serve a written answer or motion
within 35 days, the court may enter a judgment against you for the
relief plaintiff demands, plus interest and costs of suit. If
judgment is entered against you, the Sheriff may seize your money,
wages or property to pay all or part of the judgment.
If you cannot afford an attorney, you may call the Legal
services office in the county where you live. A list of these
offices is provided. If you do not have an attorney and are not
eligible for free legal assistance, you may obtain a referral to
an attorney by calling one of the Lawyer Referral Services. A
list of these numbers is also provided.
Donald F. Phelan
Clerk of the Superior Court
DATED:
April 29, 2005
Name of the Defendants to be SRrved:
1. Drugstore.com
2. David Krishna
3. Frank Padlo
4. John Morris
5. Daniel Studar
6. Troy Sheets
Address of the Defendants to be Served:
407 Heron Drive
Swedesboro, NJ 080875
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1!. MICB.1oKL DAILY, ~., LLC
ATTORNEY AT LAW
216 Baddn Avenue - Sentry Office P1a.... - Su:i.te 1~5 nAil 21 p 2' i !
Wes~ont, NJ 08108
Telephone No. (856) 833-0006
Fall: No. (856) 833-1083
Attorney (a) for the plaint:i.ff
File #1'-9860
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FiLED &. RECEIVED
MICHELLE GIOVANNUCCI
Plainti:U,
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
BURLINGTON COUN'l'Y
VB
Oooket No.
L ........U "
Civil Action
DRUGSTORE. COM, DAVE DISHNA, :
Ii'RANX PAOLO, JOHN MORRIS,
DJUl"IEL STUDAR, nOY SHEETS
and JOHN DOES 11 to 50,
COMPLAINT
Defendants,
Michelle Giovannucci by way of Complaint against th~
Defendants says:
PARTIES
1. The Plaintiff is an individual residing at 54
Oellett Court, Township of Shamong, County of Burlington, New
Jersey.
2. Drugstore.com is a corporation with a principal
place of business in New Jersey located at 407 Heron Drive,
Swedesboro, New Jersey.
3. Defendant, Dave Krishna is an ~ndividual who at all
times relevant to this complaint was employed by defendant
Drugstore.com as its Director of Pharmacy Operations.
4. Defendant, Frank Padlo is an individual who at all
times relevant to this complaint was employed by defendant
Drugstore.com as its Supervisor of Pharmacists.
S. Defendant, John Morris is an individual who at all
times relevant to this complaint was employed by defendant
Drugstore.com as its Manager of Security and Maintenance.
6. Defendant, Daniel Studar is an individual who at
all times relevant to this complaint was employed by defendant
Drugstore.com as a Supervisor of Maintenance.
7. Defendant, Troy Sheets is an individual who at all
times relevant to this complaint was employed by defendant
Drugstore.com as a Lead Maintenance Engineer.
8. The defendants John Does #1 to 50, are fictitious
persons, whose identities are unknown at the present time, who
were employees of Drugstore.com and who falsely and maliciously
accused Michelle Giovannucci of sexual harassment and unlawful
acts and took part in a fabricated "investigation" which they
communicated to Michelle Giovannucci's employer.
9. At all times mentioned in this complaint, defendants
were the agents and employees of their codefendants and in doing
the things alleged in this complaint were acting within the course
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and scope of such agency and employment.
FACTUAL ALLEGATIONS
10. Michelle Giovannucci is a licensed pharmacist who
was employed for approximately thirteen years by Rite Aid
Corporation of Camp Hill Pennsylvania.
11. Drugstore.com sells and dispenses prescription
drugs utilizing the internet and mail.
12. In order to provide the aforesaid goods and
services, Drugstore. com must insure that its pharmacists who fill
orders received over the internet are properly licensed in
numerous states and that it meets other regulatory requirements
that are designed to protect the public.
13. At all times relevant to this complaint, Rite
Aid Corporation provided products and services to Drugstore.com
so that Drugstore.com could sell and dispense by mail, drugs and
ether supplies to the pUblic.
14. The aforesaid services provided to Drugstore.com
by Rite Aid Corporation inCluded supervision by a Rite Aid
Corporation employee of the dispensing of prescriptions by
employees of Drugstore.com and the appropriate licensing of such
individuals.
15. Commencing in December, 2003, Michelle Giovannucci
was assigned by her employer, Rite Aid Corporation to provide the
aforementioned supervisory services to Drugstore.com.
3
16. Pursuant to the aforementioned assignmen:, Michel:e
Giovannucci was placed ~n Drugstore.com's Swedesboro facility and
provided with a private office by Drugstore.com from which to
conduct her work.
17. From December, 2003 until January 2005, Michelle
Giovannucci performed her work in a proper and diligent fashion
for the benefit of both her employer, Rite Aid Corporation and
Drugstore.com.
18. While conducting her work at the facility of
Drugstore. com, Michelle Giovannucci regularly encountered
employees of Drugstore. com engaging in unlawful and improper
practices in respect to the dispensing of prescription medication
and improper licensing.
19. As part of her job and the service that she was
assigned to provide Drugstore.com, she would report the aforesaid
conduct and to the best of her ability see that all improper
practices were corrected.
20. By performing her duties as aforesaid, Michelle
Giovannucci imposed costs and inconvenience upon the defendants
which they resented.
21. Although Michelle Giovannucci was provided with a
private individual office in which to perform her work by
Drugstore.com, she was never advised that said office was subject
to video surveillance through a hidden camera.
4
22. While employed at the Drugstore.com facility,
Michelle Giovannucci made an acquaintance with one Peter Kordziel,
an assistant maintenance engineer employed by Drugstore.com.
23. Subsequently, Michelle Giovannucci and Peter
Kordziel developed a mutual friendship that was limited to
socializing in the work place and did not involve dating, sex or
any other serious or significant romantic relationship.
24. At
Giovannucci and
all times the relationship between Michelle
Kordziel was consensual and not lewd or
objectively offensive.
25. While performing her duties at the Swedesboro
facility, Michelle Giovannucci also would frequently engage ~n
social conversation with other employees of Drugstore. com in
addition to Kordziel and sometimes Kordziel would also be present.
26. The individual defendants at various times
participated in some of such conversations.
27. At no times during such conversations did Michelle
Giovannucci initiate remarks of a sexual nature or make remarks
of a lewd or offensive nature.
28. At all times the aforesaid conversations were
engaged in with mutual consent of the parties present.
29. In November, 2004, Michelle Giovannucci while
having a private conversation with Kordziel in her office, with
the door closed, kissed Kordziel as a joke and such kiss was with
5
the express permission of Kordziel.
30. Unknown to Michelle Giovannucci the aforesaid
activity was video taped by Defendant, Morris.
31. Subsequently Morris approached Kordziel, advised
him of the existence of the tape and maliciously advised him, that
notwithstanding the fact that the encounter was with Kordziel's
full consent, he should file a sexual harassment claim against
Michelle Giovannucci.
32. In fact, Morris advised Kordziel that he was in the
possession of a "$100,000.00 tape" and that Kordziel should
immediately quit his job and claim that he did so due to sexual
harassment by Michelle Giovannucci.
33. Subsequently on or about January 25, 2005,
defendant Frank Padlo, being distressed by Michelle Giovannucci
performing her job, confronted and assaulted Michelle Giovannucci
while she was at the Swedesboro facility, which action placed her
in grave fear of physical harm.
34, As a result of the aforesaid actions of frank
Padlo, Michelle Giovannucci reported hls conduct to her employer
Rite Aid Corporation, so that her employer could address the fact
that she ~a5 being subjected to a hostile work environment at the
premises owned by orugstore.com.
35. In retaliation for MiChelle Giovannucci making the
aforesaid complaint to Rite Aid Corporation, Drugstore.com and the
6
indi vidual defendants, falsely and maliciously fabricated "an
investigationN containing statements that accused Michelle
Giovannucci of engaging in sexual harassment and then forwarded
that "investigation- to Rite Aid Corporation.
36. In the "investigation- the defendants stated that
Michelle Giovannucci had offended them and caused them harm by
dressing in a lewd and provocative manner and by making comments
and gestures which were unwelcome and objectively lewd and
offensive.
37. Specifically de:endant Troy Sheets stated that
Michelle Giovannucci had inappropriately touched him in a sexual
~anner, which statement was false.
38. Specifically defendant Daniel Sudar stated that
while he was fixing machinery and laying on the floor Michelle
Giovannucci said to him in a sexual way "1 got you where I want
you" which statement was false.
39. Specifically defendant Daniel Sudar stated Michelle
Giovannucci showed him her bra which was false.
40. Specifically defendant Daniel Sudar stated that
Michelle Giovannucci informed him that she was not wearing panties
which was false.
41. Specifically defendant Daniel Sudar stated that
Michelle Giovannucci had asked him if he had a girlfriend which
was false.
7
42. Specifically defendant Dave Krishana stated that
Michelle Giovannucci told him that she thought he was .handsome"
and that she thought was "eye candy", both of which comments were
false.
43. Specifically defendant Frank padlo stated that
Michelle Giovannucci sent him an inappropriate and unwelcome comic
which was false.
44. Specifically defendant John Morris stated that
Michelle Giovannucci touched him in a lewd and inappropriate way
which was false.
45. Drugstore.com and the individual Defendants,
willfully and intentionally provided the aforesaid information tc
Michelle Giovannucci's employer, when "hey knew such information
to be false or was being provided out of context to portray her
in a false and they did so in reckless disregard of the truth.
46. As a result of the aforesaid information and
defamatory statements given to Rite Aid Corporation, Michelle
Giovannucci was removed by her employer from the Drugstore.corr
facility, demoted and then terminated for .unprofessional
conduct."
47. As a result of the foregoing actions of the
defendants, the plaintiff has sustained pecuniary damages,
including lost income, wages and other benefits, which she woule
have enjoyed from Rite Aid Corporation but for the actions of thE
8
defendants.
48. As a direct result of the aforesaid actions of the
defendants, Michelle Giovannucci sustained nonpecuniary damages
in the nature of severe emotional distress, discomfort and mental
anguish and sustained damage to her standing and reputation in her
professional community.
First Count
49. The aforesaid actions of the defendants, and such
other acts as maybe disclosed during discovery. constituted
intentional and tortious interference with the contractual
relationship between the plaintiff and her employer, Rite Aid
Corporation, and were motivated by the fact that the plaintiff had
exposed and corrected improper and unlawful practices at the
facility of Drugstore.com and had complained of being assaulted
by defendant Frank Padlo.
50. The aforesaid interference waS malicious and
without excuse or legal justification.
51. As a result of the aforesaid interference the
plaintiff sustained the previously described damages.
WHEREFORE, Plaintiff demands judgment against the
defendants, holding them jointly, severally and indiVidually
liable for compensatory damages, punitive damages, attorney' e
fees, interest and cost of suit.
9
Second Count
52. The aforesaid false, defamatory and misleading
statements made by the defendants c;oncerning the personal and
professional reputation and character of plaintiff, and suc;h other
acts and statements as maybe disclosed during disc;overy, were made
maliciously, in reckless disregard of the truth and with intent
to destroy plaintiff's professional reputation and career.
53. As a direct and proximate result of the defendants'
conduct, the plaintiff has sustained the previously describec
damages.
WlIEREFOU,
defendants, holding
Plaintiff demands judgment agains1: thE,
them jointly, severally and individually
liable for: compensatory damages, punitive damages, attorney'"
fees, interest and cost of suit.
Third Count
54. The defendants by making the afor:esaid false,
defamatory and misleading statements, by conspiring to fi1,~
fabricated claims in an attempt to deprive the plaintiff of he=
livelihood, by committing the other actions (including the attemp-:
to encourage the filing of a lawsuit against her) set forth abDV~
and by such actions as maybe disclosed in discovery, intentionally
inflicted emotional distress upon the plaintiff.
55. Under the circumstances the aforesaid actions of
the defendants were egregious and beyond the bounds of decency.
10
'.
56. AS a direct and proximate result of the defendants'
conduct, the plaintiff has sustained the previously described
damageS.
WR2REFORE, ~laintiff demands judgment against the
defendants, holding them jointly, severally and individually
liable for compensatory damages, punitive damages, attorney's
fees, interest and cost of suit.
Fourth Count
57. The aforesaid actions of video taping the plaintiff
without her permission and publishing the contents of said tape
to third parties and entities invaded the plaintiff's right to
privacy.
58. As a direct and proximate result of the defendants'
conduct, the plaintiff has sustained the previously described
damages.
WBERBFOaE, Plaintiff demands judgment against the
defendants, holding them jointly, severally and individuallY
liable for compensatory damages, punitive damages, attorney's
fees, interest and cost of suit.
11
~
Jury Demand
Plaintiff herewith demands a jury trial as to all issues.
F. MICHAEL DAILY, JR." LLC
Attorney for the Plaintiff
'l/;~ J!.~ti .
~"UZI:1 ;~.
BY:
F. ~chael Daily, Jr,
Certification ~urBuant to R.4:5-1
It is hereby stated that the matter in controversy i3
not the subject of any other acting pending in any other Court,
or of a pending arbi tration proceeding to the best of my knowledge
and belief. I know of no other parties who should be joined io
this action.
F. MICHAEL DAILY JR. LLC
, i"') //;).
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BY: "'6~~~~""1'-jV-L..:.
F. MICHAEL DAILY, JR.
A~~01\NEYS FOR THE PUINTIiT
Dated: March 15, 2005.
12
Gloucester County Sheriff's Office
PROCESS SERVICE ORDER
Sheriffs # S 105356
Person/Corporation Served
JOHN MORRIS
407 HERON DRIVE
Swedesboro, NJ 08065
Defendant DRUGSTORE.COM, ET ALS
I hereby depute and appoint
::-), WhLKfR- -4'F/tJ6?
to execute the within writ.
Witness by hand and seal this day May 5, 2005.
tjIJJe"e ~
Gilbert Miller III
Sheriff
Representing Management Exclusively in Workplace Law and Related Litigation
Attorneys at Law
Jackson Lewis LLP
220 Headquarters Plaza
East Tower, 7th Floor
Morristown, New Jersey 07960-&834
Tel 973 538-6890
Fax 973 540-9015
www.Jacksonlewls.com
Richard W. Schey - Managing Partner
ATLANTA, GA
BOSTON, MA
CHICAGO, iL
DALLAS, TX
GREENVILLE, SC
HARTFORD, CT
LONG ISLAND, NY
LOS ANGELES, CA
MIAMI,FL
MINNEAPOLIS, MN
MORRISTOWN, NJ
NEW YORK, NY
ORLANDO, FL
PITTSBURGH, PA
RALEIGH-DURHAM, NC
SACRAMENTO, CA
SAN FRANCISCO, CA
SEATTLE, WA
STAMFORD, CT
WASHINGTON, DC REGION
WHITE PLAINS, NY
jackson lewis
FILED WITH THE COURT
SEP 3 0 200S
CHAMBERS OF
MARIE WHITE BELL, J.S.C.
September 29,2005
VIA OVERNIGHT SERVICE
Clerk's Office
Court of Common Pleas of Cumberland County
1 Courthouse Square
Carlisle, P A 17013-3323
Re: Giovannucci v. drugstore.com, et at.
Docket No. L-000841-05
Dear SirIMadam (to be forwarded to the appropriate Judicial Officer):
The above titled action is pending in the Superior Court of New Jersey,
Burlington County, Law Division between the above-entitled parties, and justice cannot be
completely done without receiving documents from the Records Custodian and Director of
Human Resources located at 30 Hunter Lane, Camp Hill, Pennsylvania 17011 and which now is
in the jurisdiction of the Court of Common Pleas, Cumberland County.
We, therefore, request in furtherance of justice that you, by the proper and usual
process of your Court, cause a subpoena to be issued compelling the aforementioned company to
produce true and correct copies of the documents identified in Exhibit A, attached, within a
reasonable period of time as determined by you. Please also cause a representative of the
aforementioned company to sign the certification, attached as Exhibit B, attesting to the truth and
accuracy of the documents to be produced. Please have the requested documents returned to the
Gregory T. Alvarez, Esq., Jackson Lewis LLP, 220 Headquarters Plaza, East Tower, 7th Floor,
Morristown, New Jersey 07960-6834, and we shall be ready to do the same for you in a similar
case when required.
Exhibit B
Attorneys at Law
Clerk's Office
Court of Common Pleas of Cumberland County
September 29,2005
Page 2
jackson lewis
Witness the Honorable Marie W. Bell, Judge of the Superior Court of New Jersey,
Burlington County.
Dated:~f-ew,..b-i 3.0 ,2005.
J11 uJua rJb ~
Hononible Marie W. Bell, J.S.C.
EXHIBIT A
1. Any and all documents relating to Michelle Giovannucci's ("Ms. Giovannucci)
entire employment and or separation of employment with Rite Aid Corporation
("Rite Aid") including, without limitation her personnel file, any and all files
maintained by individual managers or supervisors, and any other personnel
related documents.
2. Any and all documents relating to Ms. Giovanucci's assignment to the
drugstore.com facility located at 407 Heron Drive, Swedesboro, New Jersey.
3. Any and all documents relating to any complaint and/or allegations of misconduct
by/against Ms. Giovannucci while she was employed by Rite Aid, including but
not limited to complaints or communications made by drugstore. com, or its
employees, and Rite Aid's investigation of same.
4. Any and all documents relating to any complaints made by Ms. Giovannucci
against drugstore.com or its employees.
H :\CLIENTID\Drugstore_ com IGiovannucci\83646 Subpoena (Exhibit A), doc
EXHIBIT B
JACKSON LEWIS LLP
220 Headquarters Plaza
East Tower, 7th Floor
Morristown, New Jersey 07960-6834
(973) 538-6890
ATTORNEYS FOR DEFENDANTS
MICHELLE GIOV ANNUCCI,
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION:BURLINGTON
COUNTY
Plaintiff,
DOCKET NO. L000841-05
v.
Civil Action
DRUGSTORE.COM, DAVE KRISHNA,
FRANK P ADLO, JOHN MORRIS,
DANIEL STUDAR, TROY SHEETS
and JOHN DOES #1 to 50,
CERTIFICATION
Defendants.
I,
, am authorized to produce
the foregoing documents on behalf of Rite Aid, Corporation in this action. I have
provided these documents based upon a diligent search of the records of Rite Aid,
Corporation and upon interrogation of its employees. I certify that these documents are
truthful and accurate. I am aware that if any of the foregoing statements made by me are
willfully false, I am subject to punishment.
Signature:
Name:
Title:
Dated:
83646 certificationOO I.doc
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN RE: Issuance of Subpoena
)
)
)
Civil Action No.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: Rite Aid Corporation, 30 Hunter Lane, Camp Hill, Pennsylvania 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things: any and all documents relating to Michelle Giovannucci's ("Ms.
Giovannucci) entire emplovment and or separation of employment with Rite Aid Corporation ("Rite
Aid") including. without limitation her personnel file, any and all files maintained bv individual managers
or supervisors, and any other personnel related documents: any and all documents relating to Ms.
Giovannucci's assignment to the drugstore.com facility located at 407 Heron Drive, Swedesboro. New
Jersev: any and all documents relating to any complaint and/or allegations of misconduct by/against Ms.
Giovannucci while she was employed bv Rite Aid. including but not limited to complaints or
communications made bv drugstore.com, or its employees, and Rite Aid's investigation of same: any and
all documents relating to any complaints made bv Ms. Giovannucci against drugstore.com or its
employees at Jackson Lewis LLP, 28th Floor, One PPG Place, Pittsburgh, Pennsylvania 15222.
Alternatively, you may mail the documents to Gregory T. Alvarez, Esq., Jackson Lewis LLP,
220 Headquarters Plaza, East Tower, 7th Floor, Morristown, New Jersey 07960-6834.
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
lf you fail to produce the documents or things required by this subpoena within twenty (20) days
after its service, the party seeking this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Martin J. Saunders
PAID # 19940
Jackson Lewis LLP
One PPG Place, 28th Floor
Pittsburgh, PA 15222
(412) 232-0125
FAX (412) 232-3441
Attorney for Defendants, drugstore. com, Dave Krishna, Frank Padlo,
John Morris, Daniel Studar, and Troy Sheets
Date:
,2005
BY THE COURT:
Prothonotary
Seal of the Court
Exhibit C
VERIFICATION
I, Martin J. Saunders, Attorney for drugstore.com, Dave Krishna, Frank Padlo,
John Morris, Daniel Studar and Troy Sheets, Petitioners, depose and say that the facts set forth in
the foregoing Petition for Issuance of Subpoena to Product Documents are true and correct to the
best of my knowledge, information, and belief. This statement is made subject to the penalties of
18 Pa.C.S.A. g4904 relating to sworn falsification to authorities.
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Dated:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
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Civil Action No. J tor- - 538(, ~;...j
ORDER
AND NOW, to wit, this 2,..0 ... day of
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_, 2005, it is hereby
ORDERED that the within Petition for Issuance of Subpoena to Produce Documents is
GRANTED and the Prothonotary is DIRECTED to sign the attached Subpoena and mail it to the
following for service upon Rite Aid Corporation:
Martin J. Saunders, Esquire
Jackson Lewis LLP
One PPG Place, 28th Floor
Pittsburgh, P A 15222
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
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Civil Action No.
NOTICE TO DEFEND
NOTICE
You have been sued in court. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
Telephone (717) 249-3166