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Home My WebLink About06-1263 Intervenor-Plaintiffs and Cross-Plaintiffs, s s s s s s s s s s s CaseNo.nl... -/)1_2, (!L<.>~L~Efl....~ COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND SUZANNE COATES and 2055 INCORPORATED, vs. ROBERT COATES, Cross-Defendant PETITION FOR THE ALLOWANCE OF A DEPOSITION PURSUANT TO 42 PA. C. S. A ~5326 AND FOR THE ISSUANCE OF A SUBPOENA AND NOW come the Petitioners, Suzanne Coates and 2055 Incorporated "Petitioners"), by the undersigned counsel and state the following: 1. Petitioners are Intervenor-Plaintiffs and Cross-Plaintiffs in the above-captioned matter in the 101s' District Court of the State of Texas, Dallas County, at Cause No. 05-02456. 2. Chris Coates is an adult resident of Pennsylvania, residing at 250 Big Spring Road, Newville, Cumberland County, Pennsylvania, and with a place of business at 122 West Butler Street, Mount Holly Springs, Cumberland County, Pennsylvania. 3. Chris Coates has been found to be a material witness concerning the facts and circumstances underlying Petitioners' claims. 4. On February 23,2006, Judge Jay Patterson issued and signed a Commission directing that a court reporter and notary public for Cumberland County, Pennsylvania take the deposition of the afore-mentioned witness, Chris Coates. The Commission and Order approving the same are attached hereto as Exhibit A. By: Mary PA Id. .69038 II Stanwix Street, 15th Floor Pittsburgh, P A 15222 (412) 297-4900 1061867_1 5. Attempts by Petitioners' attorneys to consult with the proposed non-party witness, Chris Coates, in an attempt to establish a convenient time and date for the deposition, have been unsuccessful. Petitioners' attorneys have therefore selected a date and time for the deposition, consistent with Judge Patterson's First Amended Scheduling Order, at the Cumberland County Bar Association, 32 South Bedford Street, Carlisle, Cumberland County, Pennsylvania, within the county of residence of the proposed non-party witness. The proposed subpoena and Notice of Deposition setting forth the place, date and time of the deposition are attached hereto as Exhibit B. WHEREFORE, Petitioners respectfully pray that this Court issue an Order in the form attached hereto, approving the Commission issued by the 10lst District Court of Dallas County, Texas, ordering that the deposition of Chris Coates be taken, and ordering that the subpoena be issued by this Court for the deposition. Respectfully submitted, COHEN & GRIGSBY, P.C. Donovan Campbell, Jr. RADER & CAMPBELL State Bar No. 03725300 McCord Wilson State Bar No. 00785266 Stemmons Place 2777 Stemmons Fwy., Suite 1125 Dallas, TX 75207 (214) 630-4700 2 1061867_1 Dated: March 3, 2006 Justin M. Campbell III CAMPBELL HARRISON & DAGLEY, L.L.P. State Bar No. 03721500 4000 Two Houston Center Houston, Texas 77010 Tel: (713) 752-2332 Fax: (713) 752-2330 ATTORNEYS FOR INTERVENOR- PLAINTIFFS AND CROSS- PLAINTIFFS SUZANNE COATES and 2055 INCORPORATED (by and through its shareholder Suzanne Coates) 3 r f: ><~) &;+ A (h CAUSE NO. 05-02456 SUZANNE COATES and 2055 INCORPORATED, Intervenor-Plaintiffs and Cross-Plaintiffs, s s s s s s s s s s s IN THE DISTRICT COURT 101ST JUDICIAL DISTRICT vs. ROBERT COATES, Cross-Defendant. DALLAS COUNTY, TEXAS COMMISSION (TO TAKE DEPOSITION OF CHRIS COATES) FROM THE PEOPLE OF THE STATE OF TEXAS, To a Court Reporter and Notary Public for the County of Cumberland, Pennsylvania. WHEREAS, it appears to this 10 l" District Court of Dallas County, State of Texas, that Chris Coates is a material witness in the above-styled cause of action now pending in the 1 0 I" District Court of Dallas County, Texas between the above-named parties, we, in confidence of your prudence and fidelity, have appointed and by these presents, do appoint you as Commissioner to take the deposition of Chris Coates and we authorize and empower you, at certain days and places to be set by the attorneys of the parties, to take the deposition of said witness and to administer the oath to said witness and cause the said examination to be videotaped, if so noticed, and reduced to writing and subscribed by said witness and that you certify the same and return the same annexed to this Commission to counsel of record for Cross-Plaintiffs or the Clerk of said 101'\ District Court of Dallas County, Texas. Said deposition to be taken upon oral examination and pursuant to the Texas Rules of Civil Procedure and Texas law. ~ r:-~ :z 3/ Z06~, ~ COMMISSION (TO TAKE DEPOSITION OF CHRIS COATES) Page 1 CAUSE NO. 05-02456 SUZANNE COATES and 2055 INCORPORATED, Intervenor-Plaintiffs and Cross-Plaintiffs, s s s s s s s s s s s DALLAS COUNTY, TEXAS IN THE DISTRICT COURT 101 ST JUDICIAL DISTRICT vs. ROBERT COATES, Cross-Defendant. AGREED ORDER (ON CROSS-PLAINTIFFS' MOTION AND FIRST SUPPLEMENT TO COMPEL DEPOSITIONS AND DOCUMENT SUBPOENAS) On the 23'd day of February, 2006, came on to be heard Cross-Plaintiffs' Motion to Compel Enforcement of Deposition Notices and Motion for Issuance of Commissions for Foreign Depositions and First Supplement to Motion to Compel Enforcement of Deposition Notices and Subpoenas. Counsel for Cross-Plaintiffs and counsel for Cross-Defendant appeared and were heard with respect to these discovery pleadings, with respect to Cross-Defendant's objections to the discovery sought by Cross-Plaintiffs, and with respect to the agreements reached between the parties. The Court, having considered the discovery pleadings on file, the agreements of counsel, and applicable law, is of the opinion that Cross-Plaintiffs' Motion and Supplement should be granted in part, recognizing that Cross-Defendant's objections to the discovery sought have been withdrawn in view of this Agreed Order. It is, accordingly, ORDERED, ADJUDGED, and DECREED that: I. The subject depositions by Cross-Plaintiffs shall go forward in accordance with the Court's Amended Scheduling Order signed February 21,2006 (and subject to Amended Deposition AGREED ORDER (ON CROSS-PLAINTIFFS' MOTION AND FIRST SUPPLEMENT TO COMPEL DEPOSITIONS AND DOCUMENT SUBPOENAS) Page 1 : I Notices to be issued setting exact dates, times, and places), and the Court approves and has signed Cross-Plaintiffs' tendered Commissions to take these depositions, without objection by Cross- Defendant; 2. The recipients ("Recipients") of Cross-Plaintiffs' subject Document Subpoenas, namely: Bank of America, N.A.; Merrill Lynch, Pierce, Fenner & Smith; Bank One, National Association; UBS Securities LLC; UBS Financial Services, Inc.; The Northern Trust Company; and CBIZ Valuation Group, LLC, (a) shall immediately gather the subpoenaed documents into, as far as is reasonably practicable, separate boxes or containers, one set of containers containing the documents relating solely to the Company (as defined in said Subpoenas) and another set of containers containing the documents relating solely to C. Robert Coates; ~;k. (b) not later than five (5) business days after this Agreed Order is~d, the 71)) Recipients shall deliver those documents relating solely to the Company to Donovan Campbell, Jr., Rader & Campbell, P.C., 2777 North Stemmons Fwy., Suite 1125, Dallas, Texas 75207; f (c) not later than five (5) business days after this Agreed Order i~~ Recipients shall deliver those documents relating solely to C. Robert Coates to Joe B. Harrison, Gardere Wynne Sewell LLP, 3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201- 4761; (d) if any such containers contain documents relating to both the Company and of ~,~ C. Robert Coates, not later than five (5) business days after this Agreed Order is ~, the /~ j Recipie\1ls shall deliver those containers of documents to Joe B. Harrison, Gardere Wynne Sewell LLP, 3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201-4761. AGREED ORDER (ON CROSS-PLAINTIFFS' MOTION AND FIRST SUPPLEMENT TO COMPEL DEPOSITIONS AND DOCUMENT SUBPOENAS) Page 2 : AGREED ORDER (ON CROSS-PLAINTIFFS' MOTION AND FIRST SUPPLEMENT TO COMPEL DEPOSITIONS AND DOCUMENT SUBPOENAS) Page 3 The Court further notes for the record that none of the Recipients and none of the proposed Deponents appeared, either in person or by counsel, at the February 23, 2006 hearing on these matter71.~~~5~U 0.11-4 ~)'7~J cf4 SIGNED this 2'1 day of February, 2006. ~\~ ~ / JUDGE PRESID G ~) AGREED AS TO FO D SUBSTANCE: Joe B. Harrison, Counsel for Cross-Defendant " 02/24/2005 11:42 RADERCAMPBELL PAGE 04/04 2145309995 The Court further notes for the record that no.oe of the Recipients and none of the proposed Deponents appeared., either in person. or by CQU11Sel, at the February 23, 2006 hearing on these matters. SIGNED this _ day of February, 2006. JUDGE PRESIDING AGREED AS TO FORM AND SUBSTANCE: Donovan Campbell, Jr" Counsel for Cross-Plaintiffs . &. -0 AGF.EED ORDER (ON CROSS-PLAINTIFFS' MOTrON AND FIRST SUPPLEMENT TO Con'IPEL DEPOSITJONS AND DOCUMENT SUBPOENAS) Page 3 : ftk> bl~ , e p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUZANNE mATES and 2055 INmRPORATED, Intervenor-Plaintiffs and Cross-Plaintiffs, FileNo. v. ROBERT mATES, Cross-Defendant. SUBPOENA TO ATTEND AND TESTIFY TO: CHRIS mATES 250 Big Spring Road Newville, PA 17241 1. You are ordered by the court to come tothe Cumberland Connty Bar Association, 32 South Bedford Street (Specify Courtroom or other place) at Carlisle , Cumberland County, Pennsylvania, on March 23, 700h at 10:00 o'clock, --A.. M,. to testify on behalf of SI1""nm> ('r."~p,, "nil 2055 Incorporated, Cross-Plaintiffs in the above case, and to remain until excused. 2. And bring with you the following: All documents concerninv. Manav."",pnt Tnsights Inc.; Business Incentives, Inc.; February 27, 2004 Shareholders I !\greeme~t of Business Incentives. Inc.; any Assignment nOCIDJIPnt" "oTlrprning any of ** If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisomnent. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: Mary Ann DiIanni Address: 11 Stanwix Street, 15th Fl. Pittsburgh, PA 15222 Telephone: 412-297-4869 Supreme Court ill # 69038 BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.]. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff.7/97) ** the above; and all COlIIl1lJI1ications with anyone concerning any of the above. Intervenor-Plaintiffs and Cross-Plaintiffs, s s s s s s s s s s Case No. ; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUZANNE COATES and 2055 INCORPORATED, vs. ROBERT COATES, Cross-Defendant NOTICE OF DEPOSITION To: Chris Coates 250 Big Spring Road Newville, PA 17241 TAKE NOTICE that Intervenor-Plaintiffs and Cross-Plaintiffs Suzanne Coates and 2055 Incorporated will take your deposition in the above-captioned action, pursuant to Pa.R.c.P. 4007.1, at the Cumberland County Bar Association, 32 South Bedford Street, Carlisle, Cumberland County, Pennsylvania on March 23,2006, commencing at 10:00 a.m., and continuing thereafter until completed. Respectfully submitted, COHEN & GRIGSBY, P.C. By: Mary Apf( anni PAId. . 69038 11 Stanwix Street, 15th Floor Pittsburgh, PA 15222 (412) 297-4900 ~ Donovan Campbell, Jr. State Bar No. 03725300 McCord Wilson State Bar No. 00785266 RADER & CAMPBELL Stemmons Place 2777 Stemmons Fwy., Suite 1125 Dallas, TX 75207 (214) 630-4700 Justin M. Campbell III CAMPBELL HARRISON & DAGLEY L.L.P. State Bar No. 03721500 4000 Two Houston Center Houston, Texas 77010 Tel: (713) 752-2332 Fax: (713) 752-2330 ATTORNEYS FOR INTERVENOR- PLAINTIFFS AND CROSS- PLAINTIFFS SUZANNE COATES and 2055 INCORPORATED (by and through its shareholder Suzanne Coates) Dated: March 3, 2006 106\894_\ . CERTIFICATE OF SERVICE I certify that on this 3cd day of March, 2006, a true and correct copy of the foregoing document was forwarded by United States mail to all counsel of record and the proposed deponent as follows: Chris Coates 250 Big Spring Road Newville, PA 17241 Joe B. Harrison, Esq. Wm. David Dunn, Esq. Gardere Wynne Sewell LLP 3000 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201-4761 Marc Katz, Esq. Jenkins & Gilchrest 1445 Ross Avenue, Suite 3200 Dallas, TX 75202 L&. ross-Plaintiffs P i& TJ tr'l, (\ '- ~ lrt -..:' V( .-~ - ~ ~ ..2( tr) :S -- ~ F ~ 11"\ -.::t P --r J.. R:CEIVED MAR 082[,") 'j- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUZANNE COATES and 2055 INCORPORATED, Intervenor-Plaintiffs and Cross-Plaintiffs, 9 9 9 9 9 9 9 9 9 9 9 CaseNo.OIo -/~I..J (]l~,tTfR...."'l vs. ROBERT COATES, Cross-Defendant .JI_"R AND NOW, this ~y of ~ 2006, it is hereby ORDERED that pursuant to 42 Pa.C.S.A 95326, the deposition of Chris Coates be taken for use in the above-captioned litigation filed in the 101st District Court of the State of Texas, Dallas County, Cause No. 05- 02456. It is further ORDERED that a subpoena be issued by the Court of Common Pleas of Cumberland County for the deposition of Chris Coates. By the Court. / J. ) / '::-:)