HomeMy WebLinkAbout06-5971
IN THE CIRCUIT COURT
THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
EDWARD TSHUDY,
Plaintiff
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v.
No. 06-L-439
BONDEX INTERNATIONAL, INC.,
CAMERON INTERNATIONAL CORP. f/k/a
COOPER CAMERON CORPORATION,
SIMMONS-RAND COMPANY, and
INGERSOLL-RAND COMPANY,
Defendants
EX PARTE PETITION FOR AN ORDER TO TAKE DEPosmONS
IN PENNSYLVANIA RELATING TO
AN ACTION PENDING IN ANOTHER STATE
Defendants/Petitioners, by and through their local counsel, Knight & Associates, P.C., and
Gregory H. Knight, Esquire, and Sean M. Shultz, Esquire, and in accordance with Pa. R.C.P.
4007.1(f) and 42 Pa. C.S. SS326, hereby Petition the Court to enter an Order compelling the
attendance of various medical providers and medical record custodians at evidence record
depositions to be used in the above-captioned matter, which is currently scheduled for trial in
Madison County, Illinois, and in support of which Petitioner the Defendants/Petitioners state the
following:
1. On September 8, 2006 the Honorable Daniel J. Stack, Judge of Madison County,
Illinois issued an Order and Commissions following his review of a Motion filed by Counsel for the
Defendants/Petitioners in the above-captioned matter pending in Madison County, Illinois and
docketed at 06-L-439. See Exhibit 1.
2. The trial in the above-captioned case is scheduled to begin on February 13,2007.
The Plaintiff in the above-captioned case is alleging damages for asbestos related injuries.
3. According to Plaintiffs Complaint, Edward Tshudy received medical treatment at
the institution and by the medical providers noted in the Commission issued by Judge Stack.
4. To prepare for trial in the above-captioned matter Defendants/Petitioners and their
counsel have retained experts to review medical records relating to the treatment rendered to Edward
Tshudy.
5. The Defendants/Petitioners have retained Knight & Associates, P.C. and Gregory H.
Knight, Esquire and Sean M. Shultz, Esquire, as local counsel to schedule evidence records
depositions of the record custodians for each of the institutions and the medical providers identified
in paragraph 3 above.
6. By the Commission signed on September 8, 2006 (See Exhibit 1) the
Defendants/Petitioners were authorized to request the following records from all institutions and
from all medical providers identified above:
a. All original radiology materials and reports including, but not limited to, x -ray
films, CT scans, bone scans, MRI scans and any other records, materials, or health information
relating to Edward Tshudy (SSN 210-30-9800 and DOB March 27, 1940);
b. All original pathology materials and reports including, but not limited to,
tissue slides, paraffin blocks concerning Edward Tshudy (SSN 210-30-9800 and DOB March 27,
1940);
c. All medical records or health information including, but limited to, admission
summanes, discharge summaries, operative reports, x-ray reports, pathology reports, notes,
correspondence, studies, emails, phone messages, and any other records or materials relating in any
way to Edward Tshudy (SSN 210-30-9800 and DOB March 27, 1940).
7. Representatives of the local counsel are contacting each of the institutions and
medical providers noted in the Commission issued by Judge Stack and local counsel believes that
the following people or representatives of those people are the appropriate deponents for the
information required and authorized by the Commission (See Exhibit 1):
a. Penn State Milton S. Hershey Medical Center, Medical
Records/Radiology/Pathology Departments;
b. Good Samaritan Hospital, Medical Records/Radiology/Pathology;
c. Dr. Saied Safaee;
d. Dr. Michael Lazar
e. Dr. Joseph Brabick
f. Dr. Milos Tucakovic
g. Dr. Jeff Yocum
8. Section 5326(a) of Title 42 of Pennsylvania Consolidated Statute provides in
pertinent part as follows:
A court of record in this Commonwealth may order a person who is
domiciled or found within this Commonwealth to give his testimony or
statement or to produce documents or other things for use in a matter pending
in a tribunal outside this Commonwealth. The order may be made upon the
application of any interested person. . . for taking the testimony or statement
or producing the documents or other things. To the extent the order does not
prescribe otherwise, the practice and procedure shall be in accordance with
that of the court of this Commonwealth issuing the order.
9. The Defendants/Petitioners request that this Court issue an Order compelling the
appearance for an evidence records deposition only, without the option of providing records in lieu
of a deposition, for each of the individuals or institutions or their representatives identified in
paragraphs 7 above and for the information listed in paragraph 6 above, with the depositions to begin
at times and dates and locations as the Defendants/Petitioners and the individuals and institutions
shall agree, and continuing at the rate of approximately one deposition per hour, until all deponents
have been deposed or at such other times and places as the Defendants and Deponents shall
otherwise agree.
Respectfully Submitted,
KNIGHT & ASSOCIATES, P.C.
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Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for DefendantsIPetitioners
Sean M. Shultz, Esquire
Attorney I.D. No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for DefendantsIPetitioners
Exhibit 1
IN THE CIRCUIT COURT
THIRD JUDICIAL CIRCUIT
MADISON COUNT~ ILLINOIS
EDWARD TSHUDY,
Plaintiff,
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v.
No. 06-L-439
BONDEX INTERNATIONAL, INC.,
CAMERON INTERNATIONAL CORP. f/k/a
COOPER CAMERON CORPORA nON,
SIMMONS-RAND COMPANY, and
INGERSOLL-RAND COMPANY,
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Defendants.
ORDER
Upon consideration of the Defendants' Motion to Permit Foreign Attorneys to Appear
Pro Hac Vice (Gregory H. Knight and Sean M. Shultz) for the sole purpose of obtaining records
in the above-captioned matter, it is hereby
ORDERED
The Defendants' Motion is srEpet 8 2006
ENTERED as an Order of this Court this day of September, 2006.
By Order:
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06-L-439
Page 1 of J
IN TIlE CIRCUIT COURT
THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
EDWARD TSHUDY,
Defendants.
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No. 06-L-439
Plaintiff,
v.
BONOEX INTERNATIONAL, INC.,
CAMERON INTERNATIONAL CORP. f/k/a
COOPER CAMERON CORPORATION,
SIMMONS-RAND COMPANY, and
INGERSOLL-RAND COMPANY,
ORDER
Upon Motion of Defendants, this Court issues commissions directing the courts of
Pennsylvania to issue subpoenas duces tecum compelling the appearance of records custodians
and compelling production of records from the following providers:
(a) Penn State Milton S. Hershey Medical Center, Medical Records/
Radiology/Pathology Departments, 500 University Drive, Hershey, PA 17033;
(b) Good Samaritan Hospital, Medical Records/Radiology/Pathology Departments, 4
E. Walnut Street, Lebanon, PA 17042;
(c) Dr. Saied Safaee, Penn State Milton S. Hershey Medical Center, 500 University
Drive, Hershey, PA 17033;
(d) Dr. Michael Lazar, Penn State Milton S. Hershey Medical Center, 500 University
Drive, Hershey, P A 17033;
(e) Dr. Joseph Brabick, Penn State Milton S. Hershey Medical Center, 500
University Drive, Hershey, PA 17033;
(t) Dr. Milos Tucakovic, Penn State Milton S. Hershey Medical Center, 500
University Drive, Hershey, PA 17033; and
(g) D~~"'(f~ Cumberland Street, Lebanon, P A 17042.
SO ORD E RED tbi s_day of September, 20 . '~
JUDGE
06-L-439
Page 1 of 1
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COMMISSION
TO: State of Pennsylvania
Re: EDWARD TSHUDY v. BONDEX INTERNATIONAL, INC., et al.
Madison County, Illinois No. 06-L-439
Dear Judge;
The above-captioned civil action for asbestos-related injuries is pending before the
undersigned Justice of the Third Judicial Circuit, Madison County, in the State of Illinois. The
Defendants, Bondex International, Inc., Cameron International Corp. f/k/a Cooper Cameron
Corporation, Simmons-Rand Company, and Ingersoll-Rand Company, in this action, through
their local counsel, Knight & Associates, P.C" seek to obtain union records, medical records,
original pathology materials and original radiology materials relating to the Plaintiff in this
matter, Edward Tshudy, from the following providers records custodian:
(a) Penn State Milton S. Hershey Medical Center, Medical Records/
Radiology/Pathology Departments, 500 University Drive, Hershey, P A 17033;
(b) Good Samaritan Hospital, Medical Records/Radiology/Pathology Departments, 4
E. Walnut Street, Lebanon, P A 17042;
(c) Dr. Saied Safaee, Penn State Milton S. Hershey Medical Center, 500 University
Drive, Hershey, P A 17033;
(d) Dr. Michael Lazar, Penn State Milton S. Hershey Medical Center, 500 University
Drive, Hershey, P A 17033;
(e) Dr. Joseph Brabick, Penn State Milton S. Hershey Medical Center, 500 University
Drive, Hershey, P A 17033;
(f) Dr. Milos Tucakovic, Penn State Milton S. Hershey Medical Center, 500
University Drive, Hershey, PA 17033; and
(g) Dr. Jeff Yocum, 940 Cumberland Street, Lebanon, PA 17042.
This Court, being fully informed of the premises and upon motion of Defendants, hereby
issues this commission to conduct said discovery in Pennsylvania through local counsel Knight
& Associates, P.C. Thank you for your courtesy in this matter.
BY~ .
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SEP 08 20otdge. '. .
DATED:
06-L-439
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,
OCT 17 2006~
IN THE CIRCUIT COURT
1HIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
EDWARD TSHUDY,
()/.,-SQ7/
Plaintiff
v.
No. 06-L-439
.
BONDEX INTERNATIONAL, INC.,
CAMERON INTERNATIONAL CORP. f/k/a
COOPER CAMERON CORPORATION,
SIMMONS-RAND COMPANY, and
INGERSOLL-RAND COMPANY,
Defendants
EX PARTE ORDER ALLOWING SUBPOENAS AND DEPOSITIONS
IN PENNSYLVANIA RELATING TO
AN ACTION PENDING IN ANOTHER STATE
AND NOW, this J3J day of oef;l/, ,2006, Defendants having filed an Ex Parte
Petition regarding an action pending in the Madison County, Illinois Court by which Petition
Defendants are requesting an Order compelling the attendance of various medical providers and
medical record custodians for deposition and/or production of documents, and this Court having duly
considered Defendants' Petition, and being fully advised;
IT IS HEREBY ORDERED that the Ex Parte Petition For An Order To Take Depositions
In Pennsylvania Relating To An Action Pending in Another State is hereby granted, and that those
medical providers and medical record custodians listed in the Defendants Ex Parte Petition shall
appear for deposition and shall produce any documents requested, on those dates and at those places
as the Ex Parte Petition requires or as the Defendants and Deponents shall otherwise agree.
IT IS FURTHER ORDERED that a copy of this Order, the Petition, the Deposition Notice,
and the statutory witness fee shall be served upon the deponents,iI!_~rdance with Pennsylvania
Court Rules. .
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