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HomeMy WebLinkAbout02-3406FOX, ROTHSCgIII.D, O'BRIEN & FRANKEL, LLP BY: Andrew W. Bonekemper, Esquire IDENTIFICATION NO. 84313 Anthony P. DeMichele, Esquire IDENTIFICATION NO. 87602 1250 SOUTH BROAD STREET P.O. BOX 431 LANSDALE, PA 19446 215-699-6000 Attorneys for DefendanffPetitioner TAP Pharmaceutical Products, Inc. BERNARD WALKER, individually and On behalf of those similarly situated, Plaintiff, TAP PHARMACEUTICAL PRODUCTS, INC., : ABBOTT LABORATORIES AND TAKEDA : CHEMICAL INDUSTRIES, LTD., : Defendants. : : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL ACTION NO. O~-- 3/'{0(~ PETITION FOR ISSUANCE OF SUBPOENA Petitioner, TAP Pharmaceutical Products, Inc. ("TAP"), by and through its attorneys, hereby petitions this Court to enter an Order compelling the Custodian of Records of HGS Administrators to produce the within referenced documents and in support thereof states as £ollows: 1. TAP is a defendant in the above-named action currently pending in the Superior Court of New Jersey Law Division, Cape May County, bearing the docket number CPM-L-682-01. 2. The New Jersey matter involves a putative class action wherein the Plaintiff has asserted claims for unjust enrichment, fraud, civil conspiracy and violation of consumer protection statutes. LN1 10066Ivl 07/17/02 3. In connection with the New Jersey matter, a Commission for Issuance of Subpoena for Out of State Production of Documents was issued on June 28, 2002. (See the Commission attached hereto and marked as Exhibit "A"). The Commission identified HGS Administrators as a material witness to the New Jersey matter and requested that this Court issue a subpoena duces tecum to the Custodian of Records of riGS Administrators to produce any docmnents relating to the claims of plaintiff, Bernard Walker. 4. The documents are specifically identified in Riders A & B to the proposed subpoenas. (See Riders A & B attached hereto and marked as Exhibit "B"). 5. In order to facilitate the Commission issued by the Superior Court of New Jersey, an Order from this Court is necessary pursuant to 42 Pa.C.S.A. § 5326. WHEREFORE, TAP requests that this Court enter an Order compelling HGS Administrators to produce its records pertaining to plaintiff, Bernard Walker, as described in Riders A & B. Anthony p. DeMichele Attorneys for Defendant, TAP Pharmaceutical Products, Inc. 2 LN1 100661vl 07/17/02 RIKER, DANZIG, SCHERER, HYLAND & PERRETTI LLP Headquarters Plaza One Speedwell Avenue Morristown, NJ 07962-1981 (973) 538-0800 Attorneys for Defendant, TAP Pharmaceutical Products Inc. FILED 202002 WILLIMI C.. TODD III, PJ. Cv. BERNARD WALKER, individually, and on behalf of those similarly situated, Plaintiff, VS. TAP PHARMACEUTICAL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHEMICAL INDUSTRIES, LTD., Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CAPE MAY COUNTY DOCKET NO. CPM-L-682-01 CIVIL ACTION CONSENT ORDER DIRECTING ISSUANCE OF COMMISSION FOR ISSUANCE OF SUBPOENA FOR OUT OF STATE PRODUCTION OF DOCUMENTS (ltGSAdministrators) This Application being presented to the Court by Defendant TAP Pharmaceutical Products Inc., seeking the issuance of a commission to compel the production of documents from the Custodian of Records of HGSAdministrators located at 1800 Center Street, Camp Hill, Pennsylvania, 17089, and the Court having considered all papers submitted in support of or in opposition to this Application; and for good cause shown, ITISonthis I~0~day of x~ , 2002, hereby ORDERED that this Court shall issue a commission to the Appropriate Judicial Authority in Pennsylvania requesting that it permit the issuance of a subpoena duces tecum in accordance with the Pennsylvania Court Rules compelling the Custodian of Records of HGSAdministrators to produce documents related to the claims of plaintiff Bernard Walker in this matter. HON. WILLIAM C. TODD III, J.S.C _ Opposed X Unopposed 3162422.01 RIKER, DANZIG, SCH Headquarters Plaza One Speedwell Avenue Morristown, NJ 07962-1981 (973) 538-0800 iD & PERRETTI LLP FILED WlLUAa ¢ rooo Attorneys for Defendant, TAP Pharmaceutical Products Inc. BERNARD WALKER, individually and on behalf of those similarly situated, Plaintiff, VS. TAP PHARMACEUTI( AL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHEMICAL INDUSTRIES, LTD., Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CAPE MAY COUNTY DOCKET NO. CPM-L-682-01 CIVIL ACTION COMMISSION FOR ISSUANCE OF SUBPOENA FOR OUT OF STATE PRODUCTION OF DOCUMENTS (HGSAdministrators) TO: The Judges of the Commonwealth of Pennsylvania: WHEREAS, it appears to the Superior Court of New Jersey, Law Division, Cape May County, that the Custodian of Records of HGSAdministrators located at 1800 Center Street, Camp Itill, Pennsylvania, 17089, is a material witness in the above-captioned action, we request that you issue a subpoena duces tecum to the Custodian of Records of HGSAdministrators to produce any documents relating to the claims of plaintiff Bernard Walker in this matter. Dated: this (~C( ~ ~,~"~ day of_ ~ ,2002 HON. WILLIAM C. TODD III, J.S.C. Official Seal, Clerk Superior Court of New Jersey 3162421.01 RIDER A Produce for inspection: For purposes of this subpoena, "Documents" shall mean all records, written or otherwise, including active and archived files, e-mails, forms, cancelled checks, database files, file folders, and every other document, report, memorandum, note or record, whether complete or incomplete, preliminary or final. All documents and records of any type are to be produced without any exceptions, deletions, abridgements, redactions, or withholding, including: 1. All Documents, dated from 1995 to the present, summarizing claims processed for Bernard J. Walker, 122 Reef Dr., Ocean City, NJ, 08226 (current address), 666 W. Germantown Pike-312 N, Plymouth meeting PA, 19462-1013 (prior address), Social Security No. 166-26-3482, such Documents including but not limited to "Medicare Summary Notices." 2. All Documents, dated from 1995 to the present, relating to payments made to providers of medical services for injections of drugs including Leuprolide acetate suspension (e.g. Lupron) for Bernard J. Walker. 3. All Documents, dated from 1995 to the present, relating to payments made by Bernard J. Walker to providers of medical services (e.g. physicians, hospitals or heath[~care facilities). LN1 100557vl 07/17/02 RIDER B TO SUBPOENA DUCES TECUM DOCUMENTS REQUESTED BY BERNARD WALKER Produce for i~ all records and documents, written or otherwise, including active and archived files, database files, file folder, and every other document, report memorandum, notation or record, whether complete or incomplete, preliminary or final. Every document and record of any type is to be produced without any exceptions, deletions, abridgements, redactions, or withholding; including but not limited to: All documents referring or relating to the production, manufacture, distribution, marketing, promotion pricing, sale or purchase of Lupron® or Zoladex by, from, to, or involving in any way defendants~, their competitors2, wholesale distributors, or any other medical provider3, including without limitation, all final and draf~ agreements, understandings, correspondence and communications4. All documents from, to, or involving defendants, their competitors, wholesale distributors, or any other medical provider, referring or relating to Lupron® or Zoladex, excluding documents relating to the prescription or administration of Lupron® or Zoladex for individual patients. All communications with any insurance entities, or governmental medical insurance agency or program, including without limitation, Medicare and Medicaid, referring or relating to Lupron® or Zoladex, excluding documents relating to the prescription or administration of Lupron® or Zoladex for particular patients. "Defendants" mean TAP Pharmaceutical Products, Inc. ("TAP"), Abbott Laboratories ("Abbott"), and Takeda Chemical Industries, Ltd. ("Takeda"), respectively, and their predecessors, successors, subsidiaries, parent, branches, departments, divisions, or affiliates, including, without limitation, any organization or entity in which defendants have management or controlling interests, together with all present and former directors, officers, employees, agents, representatives or any other person acting, or purporting to act, on behalf of the above identified person or entities. "Competitors" means, without limitation, other manufacturers of prescription drags such as Astra Zeneca, Pharmacia and Glaxo-SmithKline, among others. "Medical provider," means, without limitation, doctors, nurses, nurse practitioners, residents, and others who provide medical care to patients, as well as the facilities and institutions through which they provide such care, including, but not limited to, hospitals, clinics, public or private medical offices, and the like. "Communication" means, without limitation, oral or written communications of all kinds, including correspondence, any exchange of written or recorded information, face to face meetings, or electronic, facsimile or telephone transmissions. LNl100557v107/17/02 Page 2 Rider B to Subpoena Duces Tecum All documents referring or relating to meetings attended by you5 and any of the defendants, their competitors, wholesale distributors, or any other medical provider, at which meeting them was any communication regarding Lupron® or Zoladex. All documents taken to, received or distributed during, or prepared in connection with or during any meeting attended by you and any of the defendants, their competitors, wholesale distributors, or any other medical provider, at which meeting there was any communication regarding Lupron® or Zoladex. All documents referring or relating to, or reflecting, trips, travel, gifts, rewards, incentives, bonuses, debt forgiveness, or payments or benefits of any kind and in any form received by you from any of the defendants or their competitors. All documents and records referring or relating, or reflecting your receipt and/or purchase of Lupron® or Zoladex, including any free samples, from any of the defendants. Documents sufficient to show all reimbursements and payments received from Medicare, Medicaid and any insurance entities or programs for each and every administration of Lupron or Zoladex by you. "You" means HGS Administrators, together with all predecessors, successors, subsidiaries, part, branches, departments, divisions, affiliates, present and former directors, officers, employees, agents, representatives or any other persons acting, or purporting to act, on behalf of HGS Administrators. LN1 100557vl 07/17/02 FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP BY: Andrew W. Bonekemper, Esquire IDENTIFICATION NO. 84313 Anthony P. DeMiehele, Esquire IDENTIFICATION NO. 87602 1250 SOUTH BROAD STREET P.O. BOX 431 LANSDALE, PA 19446 215-699-6000 Attorneys for Defendant/Petitioner TAP Pharmaceutical Products, Inc. BERNARD WALKER, individually and On behalf of those similarly situated, Plaintiff, TAP PHARMACEUTICAL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHEMICAL INDUSTRIES, LTD., Defendants. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO. SS. Local counsel for Defendant, being duly sworn according to law, hereby deposes and says that he is an attorney for the Petitioner; that he is authorized to make this affidavit on its behalf; and that the facts set forth in the foregoing Petition are tree and correct to the best of his knowledge, information and beliefi Sworn to and subscribed beforehand? this l~.4 day LNI 100661vl 07/17/02 Andrew W. Bonekemper Anthony P. DeMichele Local Counsel for Defendant, TAP Pharmaceutical Products, Inc. CERTIFICATE OF SERVICE I, Anthony P. DeMichele, h~reby certify that service of a tree and correct copy of the enclosed Petition for Issuance of Subpoena was made by United States First Class mail, postage pre-paid, on the following: Lewis B. April, Esquire Cooper, Perkasie, April, Niedelman, Wagenheim & Levenson Third Floor 1125 Atlantic Avenue Atlantic City, NJ 08401-4891 Gerald J. Corcoran, Esquire Youngblood, Corcoran, Lafferty, Stackhouse, Hyberg & Waldman, P.A. 3205 Fire Road Box 850 Pleasantville, NJ 08232 Joshua T. Buckman, Esquire McDermott, Will & Emery 227 West Monroe Street Chicago, IL 60606-5096 Bryan L. Clobes, Esquire Miller, Faucher, & Cafferty, LLP One P~m Square, Suite 1700 18th and Cherry Streets Philadelphia, PA 19103 Donald E. Haviland, Jr., Esquire Kline & Specter 19th Floor 1525 Locust Street Philadelphia, PA 19102 Andrew W.~Bonekemper Identification No. 84313 Anthony P. DeMichele Identification No. 87602 Fox, Rothschild, O'Brien & Frankel, LLP 1250 South Broad Street Lansdale, PA 19446-0431 (215) 699-6000 Attorney for Defendant, TAP Pharmaceutical Products, Inc. Dated: July 17, 2002 LNI 100661vl 07/17/02 CERTIFICATE OF SERVICE I, Anthony P. DeMichele, hereby certify that service of a true and correct copy of the enclosed Petition for Issuance of Subpoena was made by United States First Class mail, postage pre-paid, on the following: Lewis B. April, Esquire Cooper, Perkasie, April, Niedelman, Wagenheim & Levenson Third Floor 1125 Atlantic Avenue Atlantic City, NJ 08401-4891 Joshua T. Buckman, Esquire McDermott, Will & Emery 227 West Monroe Street Chicago, IL 60606-5096 Gerald J. Corcoran, Esquire Youngblood, Corcoran, Lafferty, Stackhouse, Hyberg & Waldman, P.A. 3205 Fire Road Box 850 Pleasantville, NJ 08232 Bryan L. Clobes, Esquire Miller, Faucher, & Cafferty, LLP One Penn Square, Suite 1700 18th and Cherry Streets Philadelphia, PA 19103 Donald E. Haviland, Jr., Esquire Kline & Specter 19th Floor 1525 Locust Street Philadelphia, PA 19102 Andrew W. Bonekemper Identification No. 84313 Anthony P. DeMichele Identification No. 87602 Fox, Rothschild, O'Brien & Frankel, LLP 1250 South Broad Street Lansdale, PA 19446-0431 (215) 699-6000 Attorney for Defendant, TAP Pharmaceutical Products, Inc. Dated: July 17, 2002 LN1 100661vl 07/17/02 FOX, ROTHSCIilLD, O'BRIEN & FRANKEL, LLP BY: Andrew W. Bonekemper, Esquire IDENTIFICATION NO. 84313 Anthony P. DeMichele, Esquire IDENTH~ICATION NO. 87602 1250 SOUTH BROAD STREET P.O. BOX 431 LANSDALE, PA 19446 215-699-6000 Attorneys for Defendant/Petitioner TAP Pharmaceutical Products, Inc. BERNARD WALKER, individually and On behalf of those similarly situated, Plaintiff, TAP PHARMACEUTICAL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHEMICAL INDUSTRIES, LTD., Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO. 0~- 3L/O(.~ ORDER AND NOW, this day of 2002, upon consideration of the Petition for Issuance of Subpoena, it is hereby ORDERED that the Custodian of Records of HGS Administrators is hereby compelled to produce any and all documents pertaining to Plaintiff, Bernard Walker, as outlined in Riders A & B to the subpoena. BY THE COURT: LNI 100661vl 07/17/02 FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP BY: Andrew W. Bonekemper, Esquire IDENTWICATION NO. 84313 Anthony P. DeMichclc, Esquire IDENTIFICATION NO. 87602 1250 SOUTH BROAD STREET P.O. BOX 431 LANSDALE, PA 19446 215-699-6000 Attorneys for Defendant/Petitioner TAP Pharmaceutical Products, Inc. BERNARD WALKER, individually and On behalf of those similarly situated, Plaintiff, TAP PHARMACEUTICAL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHEMICAL INDUSTRIES, LTD., Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS O ¢-) CIVIL ACTION NO. -" ~:: -< PETITION FOR ISSUANCE OF SUBPOENA Petitioner, TAP Pharmaceutical Products, Inc. ("TAP"), by and through its attorneys, hereby petitions this Court to enter an Order compelling the Custodia~. of Records of riGS Administrators to produce the within referenced documents and in support thereof states as follows: 1. TAP is a defendant in the above-named action currently pending in the Superior Court of New Jersey Law Division, Cape May County, bearing the docket number CPM-L-682-01. 2. The New Jersey matter involves a putative class action wherein the Plaintffhas asserted claims for unjust enrichment, fraud, civil conspiracy and violation of consumer protection statutes. LNI 100661vl 07/17/02 3. In connection with the New Jersey matter, a Commission for Issuance of Subpoena for Out of State Production of Documents was issued on June 28, 2002. (See the Commission attached hereto and marked as Exhibit "A"). The Commission identified HGS Administrators as a material witness to the New Jersey matter and requested that this Court issue a subpoena duces tecum to the Custodian of Records of HGS Administrators to produce any documents relating to the claims of plaintiff, Bernard Walker. 4. The documents are specifically identified in Riders A & B to the proposed subpoenas. (See Riders A & B attached hereto and marked as Exhibit "B"). 5. In order to facilitate the Commission issued by the Superior Court of New Jersey, an Order from this Court is necessary pursuant to 42 Pa.C.S.A. § 5326. WHEREFORE, TAP requests that this Court enter an Order compelling HGS Administrators to produce its records pertaining to plaintiff, Bernard Walker, as described in Riders A & B. Anthony P. DeMichele Attorneys for Defendant, TAP Pharmaceutical Products, Inc. 2 LNI 100661vl 07/17/02 RIKER, DANZIG, SCHERER, Headquarters Plaza One Speedwell Avenue Morristown, NJ 07962-1981 (973) 538-0800 HYLAND & PERRETTI LLP Attorneys for Defendant, TAP Pharmaceutical Products Inc. FILED 0 WILLIAM C. TOOD Ill, PJ.Cv. BERNARD WALKER, individually, and behalf of those similarly situated, on Plaintiff, VS. TAP PHARMACEUTICAL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHEMICAL INDUSTRIES, LTD., Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CAPE MAY COUNTY DOCKET NO. CPM-L-682-01 CIVIL ACTION CONSENT ORDER DIRECTING ISSUANCE OF COMMISSION FOR ISSUANCE OF SUBPOENA FOR OUT OF STATE PRODUCTION OF DOCUMENTS (glGSAdministrators) This Application being presented to the Court by Defendant TAP Pharmaceutical Products Inc., seeking the issuance of a commission to compel the production of documents from the Custodian of Records of HGSAdministrators located at 1800 Center Street, Camp Hill, Pennsylvania, 17089, and the Court having considered all papers submitted in support of or in opposition to this Application; and for good cause shown, ITISonthis t~0~day of ~ ,2002, hereby ORDERED that this Court shall issue a commission to the Appropriate Judicial Authority in Pennsylvania requesting that it permit the issuance of a subpoena duces tecum in accordance with the Pennsylvania Court Rules compelling the Custodian of Records of HGSAdministrators to produce documents related to the claims of plaintiff Bernard Walker in this matter. HON. WILLIAM C. TODD III, J.S.C. _ Opposed X_ Unopposed 3162422.01 FILED RIKER, DANZIG, Headquarters Plaza One Speedwell Avenue Morristown, NJ 07962-1981 (973) 538-0800 PERRETTI LLP · LI./A I C 1'000 III, P J,&, Attorneys for Defendant, TAP Pharmaceutical Products Inc. BERNARD WALKER, individually, and on behalf of those similarly situated, Plaintiff, VS. TAP PHARMACEUTICAL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHEMICAL INDUSTRIES, LTD., Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CAPE MAY COUNTY DOCKET NO. CPM-L-682-01 CIVIL ACTION COMMISSION FOR ISSUANCE OF SUBPOENA FOR OUT OF STATE PRODUCTION OF DOCUMENTS (HGSAdmlnistrators) TO: The Judges of the Commonwealth of Pennsylvania: WHEREAS, it appears to the Superior Court of New Jersey, Law Division, Cape May County, that the Custodian of Records of HGSAdministrators located at 1800 Center Street, Camp Hill, Pennsylvania, 17089, is a material witness in the above-captioned action, we request that you issue a subpoena duces tecum tO the Custodian of Records of HGSAdministrators to produce any documents relating to the claims of plaintiff Bernard Walker in this matter. Dated: this O~4k'~ day of ~-~ ,2002 HON. WILLIAM C. TODD II1, J.S.C. Official Seal, Clerk, Superior Court of New Jersey 3162421.01 RIDER A Produce for inspection: For purposes of this subpoena, "Documents" shall mean all records, written or otherwise, including active and archived files, e-mails, forms, cancelled checks, database files, file folders, and every other document, report, memorandum, note or record, whether complete or incomplete, preliminary or final. All documents and records of any type are to be produced without any exceptions, deletions, abridgements, redactions, or withholding, including: 1. All Documents, dated from 1995 to the present, summarizing claims processed for Bernard J. Walker, 122 Reef Dr., Ocean City, NJ, 08226 (current address), 666 W. Germantown Pike-312 N, Plymouth meeting PA, 19462-1013 (prior address), Social Security No. 166-26-3482, such Documents including but not limited to "Medicare Summary Notices." 2. All Documents, dated from 1995 to the present, relating to payments made to providers of medical services for injections of drags including Lenprolide acetate suspension (e.g. Lupron) for Bernard J. Walker. 3. All Documents, dated from 1995 to the present, relating to payments made by Bernard J. Walker to providers of medical services (e.g. physicians, hospitals or heath[3care facilities). LNI 100557vl 07/17/02 RIDER B TO SUBPOENA DUCES TECUM DOCUMENTS REQUESTED BY BERNARD WALKER Produce for inspection all records and documents, written or otherwise, including active and archivcd files, database files, file folder, and every other document, report memorandum, notation or record, whether complete or incomplete, preliminary or final. Every document and record of any type is to be produced without any exceptions, deletions, abridgements, redactions, or withholding; including but not limited to: All documents referring or relating to the production, manufacture, distribution, marketing, promotion, pricing, sale or purchase of Lupron® or Zoladex by, fi.om, to, or involving in any way defendants~, their competitors2, wholesale distributors, or any other medical provider3, including without limitation, all final and draft agreements, understandings, correspondence and communicationsn. All documents fi.om, to, or involving defendants, their competitors, wholesale distributors, or any other medical provider, referring or relating to Lupron® or Zoladex, excluding documents relating to the prescription or administration of Lupron® or Zoladex for individual patients. All communications with any insurance entities, or governmental medical insurance agency or program, including without limitation, Medicare and Medicaid, referring or relating to Lupron® or Zoladex, excluding documents relating to the prescription or administration of Lupron® or Zoladex for particular patients. "Defendants" mean TAP Pharmaceutical Products, Inc. ("TAP"), Abbott Laboratories ("Abbott"), and Takeda Chemical Industries, Ltd. ("Takeda"), respectively, and their predecessors, successors, subsidiaries, parent, branches, departments, divisions, or affiliates, including, without limitation, any organization or entity in which defendants have management or controlling interests, together with all present and former directors, officers, employees, agents, representatives or any other person acting, or purporting to act, on behalf of the above identified person or entities. 2 "Competitors" means, without limitation, other manufacturers of prescription drugs such as Astra Zeneca, Pharmacia and Glaxo-SmithKline, among others. 3 "Medical provider," means, without limitation, doctors, nurses, norse practitioners, residents, and others who provide medical care to patients, as well as the facilities and institutions through which they provide such care, including, but not limited to, hospitals, clinics, public or private medical offices, and the like. 4 "Communication" means, without limitation, oral or written communications of all kinds, including correspondence, any exchange of written or recorded information, face to face meetings, or electxonic, facsimile or telephone transmissions. LNI 100557vl 07/17/02 Page 2 Rider B to Subpoena Duces Tecum All documents referring or relating to meetings attended by you5 and any of the defendants, their competitors, wholesale distributors, or any other medical provider, at which meeting there was any communication regarding Lupron® or Zoladex. All documents taken to, received or distributed during, or prepared in connection with or during any meeting attended by you and any of the defendants, their competitors, wholesale distributors, or any other medical provider, at which meeting there was any communication regarding Lupron® or Zoladex. All documents referring or relating to, or reflecting, trips, travel, gifts, rewards, incentives, bonuses, debt forgiveness, or payments or benefits of any kind and in any form received by you from any of the defendants or their competitors. All documents and records referring or relating, or reflecting your receipt and/or purchase of Lupron® or Zoladex, including any free samples, from any of the defendants. Documents sufficient to show all reimbursements and payments received from Medicare, Medicaid and any insurance entities or programs for each and every administration of Lupron or Zoladex by you. "You" means HGS Administrators, together with all predecessors, successors, subsidiaries, part, branches, deparmaents, divisions, affiliates, present and former directors, officers, employees, agents, representatives or any other persons acting, or purporting to act, on behalf of riGS Administrators. LN1 100557vl 07/17/02 FOX, ROTHSCItlLD, O'BRIEN & FRAINKEL, LLP BY: Andrew W. Bonekemper, Esquire IDENTIFICATION NO. 84313 Anthony P~ DeMichele, Esquire IDENTIFICATION NO. 87602 1250 SOUTH BROAD STREET P.O. BOX 431 LANSDALE, PA 19446 215-699-6000 Attorneys for DefendanffPetitioner TAP Pharmaceutical Products, Inc. BERNARD WALKER, individually and On behalf of those similarly situated, Plaintiff, TAP PHARMACEUTICAL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHEMICAL INDUSTRIES, LTD., Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Local counsel for Defendant, being duly sworn according to law, hereby deposes and says that he is an attorney for the Petitioner; that he is authorized to make this affidavit on its behalf; and that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. Swom to and subscribed before~.l~.e this /f~'4 day of LNI 100661vl 07/17/02 Andrew W. Bonekemper Anthony P. DeMichele Local Counsel for Defendant, TAP Pharmaceutical Products, Inc. CERTIFICATE OF SERVICE I, Anthony P. DeMichele, hereby certify that service of a tree and correct copy of the enclosed Petition for Issuance of Subpoena was made by United States First Class mail, postage pre-paid, on the following: Lewis B. April, Esquire Cooper, Perkasie, April, Niedelman, Wagenheim & Levenson Third Floor 1125 Atlantic Avenue Atlantic City, NJ 08401-4891 Joshua T. Buckman, Esquire McDermott, Will & Emery 227 West Monroe Street Chicago, IL 60606-5096 Gerald J. Corcoran, Esquire Youngblood, Corcoran, Lafferty, Stackhouse, Hyberg & Waldman, P.A. 3205 Fire Road Box 850 Pleasantville, NJ 08232 Bryan L. Clobes, Esquire Miller, Faucher, & Cafferty, LLP One Penn Square, Suite 1700 18th and Cherry Streets Philadelphia, PA 19103 Donald E. Haviland, Jr., Esquire Kline & Specter 19th Floor 1525 Locust Street Philadelphia, PA 19102 Andrew W. Bonekemper Identification No. 84313 Anthony P. DeMichele Identification No. 87602 Fox, Rothschild, O'Brien & Frankel, LLP 1250 South Broad Street Lansdale, PA 19446-0431 (215) 699-6000 Attorney for Defendant, TAP Pharmaceutical Products, Inc. Dated: July 17, 2002 LN1 100661vl 07/17/02 FOX, ROTHSCIIlLD, O'BRIEN & FRANKEL, LLP BY: Andrew W. Bonekemper, Esquire IDENTIFICATION NO. 84313 Anthony P. DeMichele, Esquire IDENTIFICATION NO. 87602 1250 SOUTH BROAD STREET P.O. BOX 431 LANSDALE, PA 19446 215-699-6000 Attorneys for Defendant/Petitioner TAP Pharmaceutical Products, Inc. BERNARD WALKER, individually and : On behalf of those similarly situated, : : Plaintiff, : TAP PHARMACEUTICAL PRODUCTS, INC., : ABBOTT LABORATORIES AND TAKEDA : CHEMICAL INDUSTRIES, LTD., : : Defendants. : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO. 02' 3~/O(a ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearances of Andrew W. Bonekemper, Esq. and Anthony P. DeMichele, Esq. on behalf of Defendant, TAP Pharmaceutical Products, Inc., in the above captioned matter. FOX, ROTHSCH~I~D, O'BRIEN & F/~NKEL, LLP By: ~.~ /~~~ ~/ Afidrew W. Bonekemper, Esq. Attorney for Defendant TAP Pharmaceutical Products, Inc. Anthony P. DeMichele, Esq. Attorney for Defendant TAP Pharmaceutical Products, Inc. LNI 100742vl 07/17/02 FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP BY: Andrew W. Bonekemper, Esquire IDENTIFICATION NO. 84313 Anthony P. DeMichele, Esquire IDENTIFICATION NO. 87602 1250 SOUTH BROAD STREET P.O. BOX 431 LANSDALE, PA 19446 215-699-6000 Attorneys for Defendant/Petitioner TAP Pharmaceutical Products, Inc. BERNARD WALKER, individually and On behalf of those similarly situated, Plaintiff, TAP PHARMACEUTICAL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHElVIICAL INDUSTRIES, LTD., Defendants. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS crw AC ON qo. 0,2.3q06 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearances of Andrew W. Bonekemper, Esq. and Anthony P. DeMichele, Esq. on behalf of Defendant, TAP Pharmaceutical Products, Inc., in the above captioned matter. FOX, ROTHSCHILD, O'BRIEN & FrI~NKEL, LLP / Afldrew W. Bonekcmper, Esq. Attorney for Defendant TAP Pharmaceutical Products, Inc. Anthony P. DeMichele, Esq. Attorney for Defendant TAP Pharmaceutical Products, Inc. LN1 100742vl 07/17/02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Bernard Walker, Individually and on behalf of those similarly situated Plaintiff vs File No. TAP Pharmacuetical Products, Inc., Abbott Labora~rories and Takeda Chemical Industries, Ltd. ~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 2002-3406 Civil TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: at (Address) 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. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Address: Telephone: Supreme Court ID # Attorney For: BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eft. 7/97) FOX . KOTHSCHILD O'BIkIEN & FR. ANKEL~ ATTOKNEYS AT LAW 1250 SOUTH BKOAD STIKEET * SUITE 1000 * P.O. BOX 431 * LANSDALE, PA 19446-0431 215-699-6000 * Fax 215-699-0231 * wwxv. frof. com Anthony P. DeMichele Direct Dial (215) 661-9a[63 Interact Address: ademichele~frof, com July 17, 2002 FEDERAL EXPRESS Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: Bernard Walker v TAP Pharmaceutical Products, Inc., et al Petition for Issuance of a Subpoena Gentlemen: I am enclosing the following for filing with your office: Original and one (1) copy of our Entry of Appearance; Original and three (3) copies of a Petition for Issuance of Subpoena for filing and presentation for approval by the Corm. Your filing fee of $50.50 is enclosed. Please acknowledge receipt and filing by date-stamping one (1) of the copies and return the same to me in the self-addressed, stamped envelope provided. Would you then be so kind as to submit the remaining copies of the Petition to the Court Administrator for submission for Court approval. I am also enclosing our federal express billing form which we request be utilized in returning the Court Order, if approved, along with one (1) Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22. A check for $2.00 is enclosed for the Subpoena. A. ll.?brlri[0~ 0.TB~STOWN, PA * EXTON, PA * L^NSD~LE, PA * LAW'KENCEVILLE, NJ q~ PHILADELPHIA, PA * VOOKI~ES, NJ * WILMINGTON, a~ JUL 2 2 2002 FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP BY: Andrew W. Bonekemper, Esquire IDENTIFICATION NO. 84313 Anthony P. DeMichele, Esquire IDENTIFICATION NO. 87602 1250 SOUTH BROAD STREET P.O. BOX 431 LANSDALE, PA 19446 215 -699-6000 Attorneys for Defendant/Petitioner TAP Pharmaceutical Products, Inc. BERNARD WALKER, individually and On behalf of those similarly situated, Plaintiff, TAP PHARMACEUTICAL PRODUCTS, INC., ABBOTT LABORATORIES AND TAKEDA CHEMICAL INDUSTRIES, LTD., Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTIONNO. 02-3/'~0~ ORDER AND NOW, this ~ day of K~ 2002, upon consideration of the Petition for Issuance of Subpoena, it is hereby ORDERED that the Custodian of Records of riGS Administrators is hereby compelled to produce any and all documents pertaining to Plaintiff, Bernard Walker, as outlined in Riders A & B to the subpoena. BY THE COURT: LNI I00661vl 07/17/02 Prothonotary Cumberland County Courthouse July 17, 2002 If you require anything further, or if there are any questions, please comact me as we are very anxious to proceed in this action. Very truly yours, Anthony P. DeMichele orb Enclosures cc: Lewis B. April, Esquire (w/enclosures) Gerald J. Corcoran, Esquire (w/enclosures) Donald E. Haviland, Jr., Esquire {w/enclosures) Joshua T. Buckman, Esquire (w/enclosures) Bryan L. Clobes, Esquire (w/enclosures) Marc C. Groves, Esquire (w/enclosures) FOX · 1KOTHSCHILD LN1 100772vl 07/17/02 O'B!KIEN & FR. ANKEL~,