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MISSOURI CIRCUIT COURT
TWENTY-SECOND JUDICIAL CIRCUIT
(City ofSt. Louis)
ESTHER MAE BRACKBILL and
ELMER BRACKBILL,
Plaintiffs
v,
Cause No. 052-01513
Division No. 1
(Asbestos)
BONDEX INTERA TIONAL, INC.,
CARBOLINE COMPANY,
GEORGIA-PACIFIC CORPORATION, and
INGERSOLL-RAND COMPANY,
Defendants
EX PARTE PETITION FOR AN ORDER TO TAKE DEPOSmONS
IN PENNSYLVANIA RELATING TO
AN ACTION PENDING IN ANOTHER STATE
DefendantsIPetitioners, by and through their local counsel, Knight & Associates, P.C., and
Gregory H. Knight, Esquire, and in accordance with Pa. R.C.P. 4007.1(f) and 42 Pa. C,S. ~5326
hereby petition your Honorable Court to enter an Order compelling the attendance of various medical
providers and medical record custodians for evidence record deposition to be used in the above-
captioned matter, which is currently scheduled for trial in the Twenty-Second Judicial Circuit of
Missouri Circuit Court, and in support of which DefendantsIPetitioners state the following:
1. On April 17 , 2006, the Honorable Thomas Grady, Judge of Madison County, Illinois
issued an Order and Commission following his review of a Motion filed by Counsel for the
DefendantsIPetitioners in the above-captioned matter pending in the Twenty-Second Judicial Circuit
of Missouri Circuit Court and docketed at 052-01513. See Exhibit 1.
2. The trial in the above-captioned case is scheduled to begin on November 5, 2007.
The Plaintiffs in the above-captioned case are alleging damages for asbestos related injuries.
3. According to Plaintiff s Complaint, Esther Mae Brackbill received medical treatment
at the institution and by the medical providers noted in the Commission issued by Judge Grady.
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 toEsther
Mae Brackbill.
5. The Defendants/Petitioners have retained Knight & Associates, P .C. and Gregory H.
Knight, 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 April 17, 2006 (See Exhibit I) 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 Esther Mae Brackbill (SSN21O-24-5490 and DOB July 3, 1930);
b. All original pathology materials and reports including, but not limited to,
tissue slides, paraffin blocks concerning Esther Mae Brackbill (SSN210-24-5490 and DOB July 3,
1930);
c. All medical records or health information including, but limited to, admission
summaries, 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 Esther Mae Brackbill (SSN21O-24-5490 and DOB July 3, 1930).
7. Representatives of the local counsel are contacting the institution and medical
providers noted in the Commission signed by Judge Grady and local counsel believes that the
following people orrepresentatives ofthose people are the appropriate deponents for the information
required and authorized by the Commission (See Exhibit 1):
a. Lewistown Hospital
b. Dr. Jose Acosta
c. Dr. Todd Taylor
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 institution 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 DefendantsIPetitioners and the individuals and institutions
rshall 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.
~~ght.~~re~'lr
Attorney I.D. No, 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Defendants/Petitioners
Exhibit "A"
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MISSOURI CIRCUIT COURT
TWENTY-SECOND JUDICIAL CIRCUIT
(CityofSt. Louis)
ESTHER MAE BRACKBILL and
ELMER BRACKBILL,
)
)
)
)
)
)
)
BONDEX INTERNATIONAL, INC., )
CARBOLThffiCO~ANY, )
GEORGIA-P ACIFIC CORPORATION, and)
INGERSOLL-RAND COMPANY, )
)
)
P lainti ffs,
v.
Defendant.
ORDER
Cause No. 052-01513
Division No. 1
(Asbestos)
Upon consideration ofthe Defendants' Motion for Issuance orCommissioD in
the above-captioned matter, it is hereby.
ORDERED
The Defendants' Motion is granted.
ENTERED as an Order of this Court this --.II day of ~ 2006.
rr~~!rm
MAR1ANO V. FAVAZZA
CLERK, CIRCUIT COURT
DEPUTY
8Y_'
.,
MISSOURI CIRCUIT COURT
TWENTY-SECOND JUDICIAL CIRCUIT
(City orst. Louis)
)
)
)
)
)
)
)
BONDEX INTERNATIONAL, INC., )
CARBOLINE COMPANY, )
GEORGIA-PACIFIC CORPORATION, and)
INGERSOLL-RAND COMPANY, )
)
)
ESTHER MAE BRACKBILL and
ELMER BRACKBILL,
Plaintiffs,
v.
Defendant.
Cause No. 052-01513
Division No. I
(Asbestos)
ORDER
It is hereby ordered that Gregory H. Knight ofthe law firm of Knight & Associates, P.C.,
be admitted to practice pro hac vice before the Circuit Court of St. Louis City. State of Missouri,
as attorney for Defendants, Bondex International, Inc., Ingersoll-Rand Company, Georgia-
Pacific Corporation, and Carboline Company, in this matter only, with local counsel.
SO ORDERED this IT day of April, 2006.
r~H~~~
MARfANO V. F AVALLA
CLERK., CIRCUrT COURT
JY DEPUTY
~ .
F ILED C~
IRCUrr rLERK'S Off I ::
MISSOURI CIRciJrr COURT G'I-1ARIr..HO V. FAV~7..7.A
TWENTY -SECOND JUDICIAL CIRCUIT .
(City ofSt. Louis) 2UOo APR '1 PM 3: 00
) Cause No. 052-01513 WRITS DEPT
) Division No. 1
) (Asbestos)
)
)
)
)
BONDEX INTERNATIONAL, INC., )
CARBOLINE COMPANY, )
GEORGIA-PACIFIC CORPORATION, and)
INGERSOLL-RAND COMPANY, )
)
)
ESTHER MAE BRACKBILL and
ELMER BRACKBILL,
CLERK
Plaintiffs,
v.
Defendant.
COMMISSION
TO: Cumberland Cmmty Court, State of Pennsylvania
Re: ESTHER MAE BRACKBILL v. INGERSOLL-RAND COMPANY, BONDEX
INTERNATIONAL, INC., GEORGIA-PACIFIC CORPORATION, AND CARBOLINE
COMPANY
Dear Judge:
The above~captioned civil action for asbestos-related injuries is pending before the
. '.
. .
undersigned Circuit Court of Madison County, State oflllinois. The Defendants, mgersoll-Rand
Company, Bondex International, me., Georgia-Pacific COIporation, and Carboline Company, in
this action, through its local counsel, Knight & Associates, P.C., seek to obtain medical records,
original pathology materials, original radiology materials and union records of Esther Mae
Brackbill from Lewistown Hospital, Dr. Jose Acosta, and Dr. Todd Taylor, through evidence
records depositions of the Custodian of Records of said medical providers. This Com1, being
fully infonned of the premises and upon motion of defendants, hereby issues this commission to
-, .
, .
..'
conduct said discovery in Cumberland County through local counsel Knight & Associates, p.e..
Thank you fOT YOUT courtesy in this matter.
DATED:
if - /7.. IJ 6
BY~
Circuit Judge ~
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F:iuser FolderlFirm DocslGendocs2006\3222-3petition. wpd
MISSOURI CIRCUIT COURT
TWENTY -SECOND JUDICIAL CIRCUIT
(City ofSt. Louis)
ESTHER MAE BRACKBILL and
ELMER BRACKBILL,
ol-.597Q
Plaintiffs
v.
Cause No. 052-01513
Division No. I
(Asbestos)
BONDEX INTERATIONAL, INC.,
CARBOLINE COMPANY,
GEORGIA-PACIFIC CORPORATION, and
INGERSOLL-RAND COMPANY,
Defendants
EX PARTE ORDER ALLOWING SUBPOENAS AND DEPosmONS
IN PENNSYLVANIA RELATING TO
AN ACTION PENDING IN ANOTHER STATE
AND NOW, this ;J.~ day of ~ ,2006, Defendants having filed an Ex Parte
Petition regarding an action pending in the Twenty-Second Judicial Circuit of Missouri Circuit 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, in ac,cQrdance with Pennsylvania
Court Rules. /:' >~-c-- "'.,)
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