MOTION for Alternative Service WITH ATTACHED MEMO by Churchill & Banks, Cottage Plaza, LLC. Responses due by 7/11/2005 (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3)(Leyva, Lucia)
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Page 1
Case 1:04-cv-00048-T Document 53 Filed 06/27/2005 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF RHODE ISLAND PENNSYLVANIA GENERAL INSURANCE COMPANY, dslo JOHN STROIS and SAFEGUARD INSURANCE COMPANY dslo RUI HENRIQUES Plaintiffs, v.
CHURCHILL & BANKS, LTD.
and COTTAGE PLAZA, LLC DefendantsIThird-Party Plaintiff v.
J.H LYNCH & SONS, INC.
Third-Party Defendant C.A. No.: 04-48T DEFENDANTS. COTTAGE PLAZA LLC, CHURCHILL & BANKS, LLC, and CHURCHILL & BANKS, LTD'S, MOTION FOR ALTERNATIVE SERVICE Now come defendants, Cottage Plaza Associates, LLC, Churchill & Banks, LLC and Churchill & Banks, Ltd., and move this Court to allow alternative service of subpoena for deposition of a witness.
In support of this motion, Defendants provide affidavits from Michael Caires (employed by Constable Richard Davis) (Exhibit A) and Constable Ronald Russo (Exhibit B), each attesting to having spent several hours at a time throughout the day on several days outside the home of Joseph Tavares, in an effort to serve Tavares with a subpoena for his deposition.
Mr. Tavares, a crucial witness in this matter, has evaded service by not appearing at the door of his house, or leaving or entering the house at any time while the constables watched. Deposition Notices and Subpoenas are attached as Exhibit C. In further support of this motion, defendants rely upon the attached memorandum.
Page 2
Case 1:04-cv-00048-T Document53 _ Filed 06/27/2005 Page 2of5 WHEREFORE, Defendants request that service be made by by alternative means on Joseph Tavares, specifically by tacking at the address where service has been attempted, or by such other alternative service as the Court deems proper. Defendants, Cottage Plaza Associates, LLC Churchill & Banks, LLC Churchill & Banks, Ltd.
By their attorneys,
Faith A. LaSalle, Esq. (#2212) One Turks Head Place 76 Westminster Street. Suite 1010 Providence, Rhode Island 02903
(401) 421-8080 CERTIFICATION OF SERVICE I hereby certify that on this 7 day of June, 2005, I mailed a copy of this Motion for Alternative Service to:
Craig R. Waksler, Esq.
Stephen Adams, Esq.
Taylor Duane Barton & Gilman, LLP 10 Dorrance Street, Suite 700 Providence, RI 02903 Matthew F. Noone, Esq.
Cozen O’Connor The Atrium 1900 Market Street Philadelphia, PA 19103 Robert Quigley, Esq.
McKenney, Jeffrey & Quigley 95 Chestnut Street Providence, RI 02903 Marco Uriati, Esq.
Roberts, Carroll, Feldstein & Pierce Ten Weybossett Street, Ste. 800 Providence, RI 02903
Page 3
Case 1:04-cv-00048-T Document53 Filed 06/27/2005 Page 3of5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF RHODE ISLAND
PENNSYLVANIA GENERAL INSURANCE )
COMPANY, a/s/o JOHN STROIS and ) SAFEGUARD INSURANCE COMPANY ) a/s/o RUI HENRIQUES ) Plaintiffs, ) C.A. No.: 04-48T
V. ) CHURCHILL & BANKS, LTD. ) and COTTAGE PLAZA, LLC ) Defendants/Third-Party Plaintiff )
V. ) J.H LYNCH & SONS, INC. ) ) ) Third-Party Defendant
DEFENDANTS COTTAGE PLAZA LLC, CHURCHILL & BANKS, LLC, and CHURCHILL & BANKS, LTD’S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE Now come defendants, Cottage Plaza Associates, LLC, Churchill & Banks, LLC, and Churchill & Banks, Ltd., and move this Court to allow alternative service of subpoena to appear at a deposition on Joseph Tavares. In support of this motion, defendants state the following.
This matter arises out of a mill fire that occurred on or about November 14, 2003, at a Greenhalgh Mill Complex, located at Cottage and Woodbine Streets in Pawtucket, Rhode Island. At that time, the mill complex was under demolition. Three different sub-contractors were working on the premises on that day, including salvagers of wood hired by the demolition company, Coventry Building & Wrecking Company. It has been learned that Joseph Tavares, a day laborer for Dennis Maroney, the wood salvager, was on the premises when the fire started and was one of the last workers off the premises after the fire. It is believed that he would have knowledge about observations before the fire occurred, at the
Page 4
Case 1:04-cv-00048-T Document53 _ Filed 06/27/2005 Page4of5
time the fire was discovered, and immediately after the fire; which would be of importance to this litigation where the Fire Marshall classified the fire an undetermined origin. Information obtained from Mr. Tavares’s observations may also be of relevance to the respective experts retained by the parties in this litigation.
At one point, service was made on Mr. Tavares by the plaintiff, but he was not reached for a deposition due to the length of the deposition of the witness before him. When his deposition was not rescheduled, defendants attempted to schedule the deposition and to make service, and has used two different constables to attempt to make service. Apparently, Mr. Tavares is aware that the subpoena involves giving testimony about the Pawtucket mill fire. It is believed by the constables that he is avoiding having service made on him by not appearing at his door for service or leaving or entering the house while service is attempted to be made.
In support of this motion, Defendants provide affidavits from Michael Caires (employed by Constable Richard Davis) (Exhibit A) and Constable Ronald Russo (Exhibit B), each attesting to having spent several hours at a time throughout the day on several days outside the home of Joseph Tavares, in an effort to serve Tavares with a subpoena for his deposition.
For these reasons, the defendants request that the court issue an order allowing for alternative means of service, such as tacking on the house or other alternative means that the
court deems appropriate.
Page 5
Case 1:04-cv-00048-T Document53 Filed 06/27/2005 Page5of5 Defendants, Cottage Plaza Associates, LLC Churchill & Banks, LLC Churchill & Banks, Ltd.
By their attorneys,
aith A. LaSalle, Esq. (#2212) One Turks Head Place 76 Westminster Street. Suite 1010 Providence, Rhode Island 02903
(401) 421-8080 CERTIFICATION OF SERVICE [hereby certify that on this @} day of June, 2005, I mailed a copy of this Memorandum in Support of Defendants’ Motion for Alternative Service to: Craig R. Waksler, Esq.
Stephen Adams, Esq.
Taylor Duane Barton & Gilman, LLP 10 Dorrance Street, Suite 700 Providence, RI 02903 Matthew F. Noone, Esq.
Cozen O’Connor The Atrium 1900 Market Street Philadelphia, PA 19103 Robert Quigley, Esq.
McKenney, Jeffrey & Quigley 95 Chestnut Street Providence, RI 02903 Marco Uriati, Esq.
Roberts, Carroll, Feldstein & Pierce Ten Weybossett Street, Ste. 800 Providence, RI 02903 Os L, // pf ff
Page 6
Case 1:04-cv-00048-T STATE OF RHODE ISLAND Providence DMSION Document 53-2 Filed 06/27/2005 Page 1 of 1 US District COURT Penn General Ins VS.
Joseph Tavares AFFIDAVIT IS SUPPORT OF ALTERNATIVE SERVICE I have used diligence and made reasonable attempts to serve the above defendant at 40 Jenkins St Providence RI 02906 Listed below are the dates and times of attempted service Day Tuesday Wednesday Thursday Friday Saturday Monday Date 5-24-05 5-25-05 5-26-05 5-27-05 5-28-05 5-30-05 PLEASE NOTE! !!
Time 05:11 0621 1 ':02 14:41 08:OO 5-24-05 05: 11 Left card, no answer; called the subject on his cell phone and he stated that he was staying at a hotel in Seekonk, Ma. When I got there, I found out that he was not staying there. I tried calling again and he would not answer his phone; I tried calling him throughout the day but got no response 5-25-05 06:21 Left card no answer; no answer on cell phone throughout the day 5-26-05 11:14 Left card, no answer 5-27-05 1TO2 Left card, no answer 5-28-05 14:41 Left card, no answer; Spoke to subject on the phone; He stated that he was not mound and would not meet with me.
5-30-05 08:OO Left card, no answer There must be 5 attem~ts-Atleast 2 evenings and 3 daytime and 1 Saturdav attem~t State of Rhode Island, County of r(L& Subscribed and sworn to in this day O ~ ~ W L 2 0 a b e f o r e me.
Page 7
Case 1:04-cv-00048-T - Document 53-3 Filed 06/27/2005 Page 1 of 2 ha,,r y 4 u , ~ d a v i in t Support of Plaintiffs Motion for Alternative Service & ' Cc.u/zo/ 1% ' A J ~so%?,> u Defendant's Address:
, a licensed constable, and states under oath as follows:
I have made diligent effort to personally serve the Defendant in the above captioned matter but have been unable to either serve the Defendant personally or serve the Defendant by leaving the summons and complaint with a person of suitable age and discretion residing at the Defendant's address. I have made the following attempts to serve the Defendant:
Date I Day of Week I Time I Notes I The information upon which I have relied to determine that the Defendant does in fact reside at the location is as Date:
6 -9-fl1 l!rint Name Constable license number:
k / 7~ , 2 0 there personally appeared before Before me on this day of me the above named individual who swore to the truth of the statements contained in this affidavit. Notary Public Print Name RETURN THIS FORM TO THE ATTORNEY WITHIN SEVEN DAYS OF THE LAST ATTEMPT AT SERVICE
Page 8 (stamped 1 of 1)
STATE OF RHODE ISLAND US District COURT Providence DIVISION Penn General Ins VS.
Joseph Tavares AFFIDAVIT IS SUPPORT OF ALTERNATIVE SERVICE I have used diligence and made reasonable attempts to serve the above defendant at 40 Jenkins St Providence RI 02906 Listed below are the dates and times of attempted service Day Date Time Tuesday 5-24-05 05:11 5-24-05 05:11 Left card, no answer; called the subject on his cell phone and he Wednesday 5-25-05 06:21 stated that he was staying at a hotel in Seekonk, Ma. When I got there, I found out Thursday 5-26-05 11:14 that he was not staying there. I tried calling again and he would not answer his Saturlay ee haa phone; I tried calling him throughout the day but got no response Monday 5-30-05 08:00 5-25-05 06:21 Left card no answer; no answer on cell phone throughout the day 5-26-05 11:14 Left card, no answer 5-27-05 17:02 Left card, no answer 5-28-05 14:41 Left card, no answer; Spoke to subject on the phone; He stated that he was not around and would not meet with me.
5-30-05 08:00 Left card, no answer Mahood Came Pis INTERESTED Pens on PLEASE NOTE!!!) Th t be 5 attempts-At least 2 evenings and 3 daytime and 1 ttem:) State of Rhode Island, County of is alt th ~— Subscribed and swom to in ( DVEVTRY this UY day of.) UW 2 200§ before me.
Notary Publik 41352
Page 9
Case 1:04-cv-00048-T Document 53-4 Filed 06/27/2005 Page 1 of 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND PENNSYLVANIA G E N E R A L I N S U R A N C E , a/ s / o John Sirois, and S A F E G U A R D I N S U R A N C E COMPANY, a/ s / o Rui Henriques 1 ) 1 ) Plaintiffs, VS.
C H U R C H I L L & B A N K S , LTD. and C O T T A G E PLAZA, L L C D e f e n d a n t s / T h i r d Party P l a i n t i f f s 1 C.A. NO: 04-48 T ) 1 1 ) VS.
J . H . LYNCH & S O N S , INC.
Third Party D e f e n d a n t To:
Joseph Tavares 40 Jenkins Street Providence, RI 02906 -YOU ARE HEREBY COMMANDED to appear in the Superior Court for the County of Providence at 250 Benefit Street in the City of Providence, on the ' d a y of ,2005, at -o'clock &to testify in trial of the above-entitled action and bring with you PLACE OF TESTIMONY COURTROOM DATE AND TIME X YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
76 Westminster Street One Turks Head Place, Suite 1010, Providence, RI 02903 May 27,2005 @ 9:00 a.m.
PLACE OF DEPOSITION
DATE AND TIME
-YOU
ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): Faith A. LaSalle, Esq. (#2212) Law Offices of Faith A. LaSalle One Turks Head Place, Suite 1010 Providence, RI 02903
(401) 421-8080 PLACE DATE AND TIME
Page 10 (stamped 1 of 2)
fR 2 70 SVL Ane Se rea nee of Plaintiff's Motion for Alternative Service ATA (iaintiff) j worn, 1 fat -, i Liyeeed Gf? MMe (Defendant) Ie cosoph TRuen Now come Defendant’s Address:
V, a licensed constable, and states under oath as follows:
I have made diligent effort to personally serve the Defendant in the above captioned matter but have been unable to either serve the Defendant personally or serve the Defendant by leaving the summons and complaint with a person of suitable age and discretion residing at the Defendant’s address. | have made the following attempts to serve the Defendant:
Date Day of Week Time Notes 63-05 | Any Zubr | be W mrrhn, 6-35-08 | Fut & gpm n ‘ a | b-4-u6 | Cad ZW Om | tht nadty 6-S-0F | ‘mun/ /1iWbon | 4-705| fir 4a pn tp gad
The information upon which I have relied to determine that the Defendant does in fact reside at the location is as
follows: (use jack for addigional information)
I swear to the truth of the above information.
Date:
6-7-5 Before me on this me the above named individual who swore to the truth of the statements contained in this affidavit. Hen bud deste A, J HD rint Name Constable license number: 6, LS / day of ,20____ there personally appeared before
Notary Public
Print Name RETURN THIS FORM TO THE ATTORNEY WITHIN SEVEN DAYS OF THE LAST ATTEMPT AT SERVICE
Page 11
Case 1:04-cv-00048-T Document 53-3 Filed 06/27/2005 Page 2of2
pang met pes ay “1,
Cod We de Jen ws WIRY We Led FG Pan ah tod Ae So
7 hd om I uth Ie
Page 12 (stamped 1 of 15)
To:
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
PENNSYLVANIA GENERAL
INSURANCE, a/s/o John Sirois, and SAFEGUARD INSURANCE COMPANY, a/s/o Rui Henriques Plaintiffs, vs.
i C.A. NO: 04-48 T ee ee ee ee ee ee ee ee CHURCHILL & BANKS, LTD. and COTTAGE PLAZA, LLC Defendants/Third Party Plaintiffs vs.
J.H: LYNCH & SONS, INC.
Third Party Defendant Joseph Tavares 40 Jenkins Street Providence, RI 02906
____ YOU ARE HEREBY COMMANDED to appear in the Superior Court for the County of Providence at 250 Benefit Street in the City of Providence, onthe ‘dayof_ ss «5 2005, at__ o'clock A.M. to testify in trial of the above-entitled action and bring with you '
PLACE OF TESTIMONY COURTROOM DATE AND TIME
Xx YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of . a deposition in the above case.
76 Westminster Street One Turks Head Place, Suite 1010, Providence, RI 02903 May 27, 2005 @ 9:00 a.m.
PLACE OF DEPOSITION DATE AND TIME
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or — objects at the place, date, and time specified below (list documents or objects): Faith A. LaSalle, Esq. (#2212) | Law Offices of Faith A. LaSalle One Turks Head Place, Suite 1010 Providence, RI 02903
(401) 421-8080 PLACE
DATE AND TIME
Page 13
* Case 1:04-cv-00048-T Document 53-4 Filed 06/27/2005 ‘Page 2 of 15 YOU ARE COMMANDED to permit the inspection of the following premises at the date and time specified below. :
Turks Head Building, Suite 1010, Providence, RI 02903 PREMISES DATE AND TIME Any organization not a party to this suit that is subpoenaed for the taking of deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf and may set forth, for each person designated, the matters on which the person will testify. Superior Court Rule of Civil Procedure, 30(b)(6). i Attorney for defendant, vd bile Faith A. La§alle, Esq.
May, 005 ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE Faith A. LaSalle, Esq.
Law Offices of Faith A. LaSalle One Turks Head Place, Suite 1010 Providence, RI 02903
(401) 421-8080
Page 14
- Case 1:04-cv-00048-T Document 53-4 — Filed 06/27/2005 | Page 3 of 15
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON (PRINT NAME)
MANNER OF SERVICE : |
SERVED BY (PRINT NAME) TITLE |
DECLARATION OF SERVER
I declare under penalty of perjury that the following information contained in the Proof of Service
correct.
Executed on
Signature of Person accepting service
is true and
SIGNATURE OF SERVER
ADDRESS OF SERVER
Page 15
Case 1:04-cv-00048-T Pocument 53-4 — Filed 06/27/2005
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
PENNSYLVANIA GENERAL
INSURANCE, a/s/o John Sirois, and SAFEGUARD INSURANCE COMPANY, a/s/o Rui Henriques Plaintiffs, vs.
C.A.
CHURCHILL & BANKS, LTD. and COTTAGE PLAZA, LLC Defendants/Third Party Plaintiffs VS.
J.H. LYNCH & SONS, INC.
eee ee ee ee ee ee ee Nee ree Ne ee Ne ee et ee Ne eer, Third Party Defendant NOTICE TO TAKE DEPOSITION
DEPONENT: Joseph Tavares DATE: May 27, 2005 TIME: 9:00 a.m.
Please take notice that pursuant to Rule 30 of the Rhode Procedure, the defendants in the above-captioned matter will take t above-named individual on oral examination, which examination will co until completed, the same to commence on the date and at the time abo} of Faith A. LaSalle, One Turks Head Place, Suite 1010, Providence, R notary public commissioned in the State of Rhode Island. Page 4 of 15 ‘ NO: 04-48 T [sland Rules of Civil lhe deposition of the tinue from day to day ye: Stated at the offices lhode Island, before a
Case 1:04-cv-00048-T. Document 53-4 VY Filed 06/27/ Certification of Service I, the undersigned, hereby certify that on this 937 day of May, 2( within Notice to Take Deposition has been mailed to the followi Marco P. Uriati, Esquire, Roberts, Carroll, Feldstein & Peirce, 10 Weyb Providence, RI 02903; Robert J. Quigley, Jr., Esquire, 95 Chestnut Street! RI 02903; Craig R. Waksler, Esquire, Stephen Adams, Esquire, Tayl Gilman, LLP, 111 Devonshire Street, Boston, MA 02109; and Jeffrey Sc & Sowa, 67 Cedar Street, Suite 102, Providence, RI 02903. Ly D, 009 Pac H Matthew F. Noone, Esquire, Cozen O’Connor, 1900 Market Street, Phi K ) ot, Duane,
wa, Esquire e5of15 D5 a true copy of the g counsel of record:
ladelphia, PA 19103; sset Street, 6" Floor, P 8" Floor, rovidence, Barton & | LaPlante
LAW OFFICES OF F
Li.
AITH A. LA
SALLE
Page 17
To:
Case 1:04-cv-00048-T Document 53-4 ~~ Filed 06/27/2005 Page6of15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND
PENNSYLVANIA GENERAL ) TRUE COPY ATTE!
INSURANCE, a/s/o John Sirois, ) AED J. HARRIS SOE and SAFEGUARD INSURANCE ) CONSTABLE # 608t5yy STABLE COMPANY, a/s/o Rui Henriques ) DA DATES ) Plaintiffs, ) ) vs. ) ) C.A. NO: 04-48 T CHURCHILL & BANKS, LTD. and COTTAGE PLAZA, LLC Defendants/Third Party Plaintiffs vs. rer J.H. LYNCH & SONS, INC.
Third Party Defendant Nemo Smee Ne Nee ne Nee et eee ee eee” ~ Ronaid J. Russo .
Joseph Tavares so 40 Jenkins Street Providence, RI 02906 ____YOU ARE HEREBY COMMANDED to appear in the Superior Court for the County of Providence at 250 Benefit Street in the-City of Providence, on the ___dayof____——«, 2005, at__ o'clock A.M. to testify in trial of the above-entitled action and bring with you
PLACE OF TESTIMONY
X_ YOU ARE COMMANDED to a.deposition in the above case.
76 Westminster Street One Turks Head Place, Suite 1010, Providence, RI 02903 June 9, 2005 @ 9:00 a.m.
COURTROOM DATE AND TIME
appear at the place, date, and time specified below to testify at the taking of ca Pe BA A PLACE OF DEPOSITION ” YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects):
DATE AND TIME
Faith A. LaSalle, Esq. (#2212) Law Offices of Faith A. LaSalle One Turks Head Place, Suite 1010 Providence, RI 02903
(401) 421-8080 PLACE
DATE AND TIME
Page 18
. Case 1:04-cv-00048-T Document 53-4 ~~ Filed 06/27/2005 Page /7of15 YOU ARE COMMANDED to permit the inspection of the following premises at the date and time specified below.
Turks Head Building, Suite 1010. Providence, RI_02903 PREMISES DATE AND TIME Any organization not a party to this suit that is subpoenaed for the taking of deposition shall designate one or more officers, directors, or mana ging agents, or other persons who consent to testify on its behalf and may set forth, for each person designated, the matters on which the person will testify. Superior Court Rule of Civil Procedure, 30(b)(6).
_ Attorney for defendant,
A aSalle, Esq.
June 2, 2005 ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE Faith A. LaSalle, Esq.
Law Offices of Faith A. LaSalle One Turks Head Place, Suite 1010 | Providence, RI 02903
(401) 421-8080
Page 19
Case 1:04-cv-00048-T Document 53-4 ~~ Filed 06/27/2005 Page 8of15
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE SERVED BY (PRINT NAME) TITLE DECLARATION OF SERVER
I declare under penalty of perjury that the following information contained in the Proof of Service is true and correct.
Executed on
SIGNATURE OF SERVER
ADDRESS OF SERVER
Signature of Person accepting service
Page 20
Case 1:04-cv-00048-T Document 53-4 ~~ Filed 06/27/2005 Page9of15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND PENNSYLVANIA GENERAL INSURANCE, a/s/o John Sirois, and SAFEGUARD INSURANCE COMPANY, a/s/o Rui Henriques Plaintiffs, vs.
C.A. NO: 04-48 T
CHURCHILL & BANKS, LTD. and COTTAGE PLAZA, LLC Defendants/Third Party Plaintiffs vs.
J.H. LYNCH & SONS, INC.
Nee ee ee ee ee ee ee ee ee ee ae eee alee ee Third Party Defendant NOTICE TO TAKE DEPOSITION
DEPONENT: Joseph Tavares DATE: June 9, 2005 TIME: 9:00 a.m.
Please take notice that pursuant to Rule 30 of the Rhode Island Rules of Civil Procedure, the defendants in the above-captioned matter will take the deposition of the above-named individual on oral examination, which examination will continue from day to day until completed, the same to commence on the date and at the time above stated at the offices of Faith A. LaSalle, One Turks Head Place, Suite 1010, Providence, Rhode Island, before a notaty public commissioned in the State of Rhode Island.
Defendants, Churchill & Banks, LTD and Cottage Plaza, LLC Zl A bela Faith A. LaSalle (#2212 LAW OFFICES OF FAITH A. LASALLE One Turks Head Place, Suite 1010 Providence, RI 02903 401-421-8080
Page 21 (stamped 10 of 15)
Certification of Service
I, the undersigned, hereby certify that on this gn day of Jue , 2005 a true copy of the within Notice to Take Deposition has been mailed to the following counsel of record: Matthew F. Noone, Esquire, Cozen O’Connor, 1900 Market Street, Philadelphia, PA 19103: Marco P. Uriati, Esquire, Roberts, Carroll, Feldstein & Peirce, 10 Weypbosset Street, 8" Floor, Providence, RI 02903; Robert J. Quigley, IJr., Esquire, 95 Chestnut Street, 6" Floor, Providence, RI 02903; Craig R. Waksler, Esquire, Stephen Adams, Esquire, Taylor, Duane, Barton &
Gilman, LLP, 111 Devonshire Street, Boston, MA 02109; and Jeffrey Sowa, Esquire, LaPlante & Sowa, 67 Cedar Street, Suite 102, Providence, RI 02903.
fu £4
LAW OFFICES OF FAITH A. LASALLE
Page 22
To:
Case 1:04-cv-00048-T Document 53-4 Filed 06/27/2005 Page11 of 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND PENNSYLVANIA GENERAL INSURANCE, a/s/o John Sirois, and SAFEGUARD INSURANCE COMPANY, a/s/o Rui Henriques Plaintiffs, VS.
et Nee ee Nee Se See! Some” Some C.A. NO: 04-48 T CHURCHILL & BANKS, LTD. and COTTAGE PLAZA, LLC Defendants/Third Party Plaintiffs vs.
J.H. LYNCH & SONS, INC.
Nee me ee ee ee ee ee eee eee ee Third Party Defendant Joseph Tavares 40 Jenkins Street Providence, RI 02906 YOU ARE HEREBY COMMANDED to appear in the Superior Court for the County of Providence at 250
Benefit Street in the City of Providence, on the day of , 2005, at___ o'clock A.M. to testify in trial of the above-entitled action and bring with you PLACE OF TESTIMONY COURTROOM DATE AND TIME X__ YOU ARE COMMANDED to appear at the place, date, a deposition in the above case.
76 Westminster Street One Turks Head Place, Suite 1010, Providence, RI 02903 and time specified below to testify at the taking of June 17, 2005 @ 9:00 a.m.
PLACE OF DEPOSITION DATE AND TIME
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time sp ecified below (list documents or objects): Faith A. LaSalle, Esq. (#2212) Law Offices of Faith A. LaSalle One Turks Head Place, Suite 1010 Providence, RI 02903
(401) 421-8080 PLACE
DATE AND TIME
Page 23 (stamped 12 of 15)
YOU ARE COMMANDED to permit the inspection of the following premises at the date and time specified below.
Turks Head Building, Suite 1010, Providence, RI 02903 PREMISES DATE AND TIME Any organization not a party to this suit that is subp one or more officers, directors, set forth, for each person desi Procedure, 30(b)(6).
oenaed for the taking of deposition shall designate or managing agents, or other persons who consent to testify on its behalf and may gnated, the matters on which the person will testify. Superior Court Rule of Civil Attorney for defendant, Lil 4 Mdballh Faith A. LaSalle, Esq. * June /P7Z, 2005 ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE Faith A. LaSalle, Esq.
Law Offices of Faith A. LaSalle One Turks Head Place, Suite 1010 Providence, RI 02903
(401) 421-8080
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Case 1:04-cv-00048-T
Document 53
Filed 06/27/2005
Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COURT OF RHODE ISLAND
PENNSYLVANIA GENERAL INSURANCE
COMPANY, dslo JOHN STROIS and
SAFEGUARD INSURANCE COMPANY
dslo RUI HENRIQUES
Plaintiffs,
v.
CHURCHILL & BANKS, LTD.
and COTTAGE PLAZA, LLC
DefendantsIThird-Party Plaintiff
v.
J.H LYNCH & SONS, INC.
Third-Party Defendant
C.A. No.: 04-48T
DEFENDANTS. COTTAGE PLAZA LLC, CHURCHILL & BANKS, LLC, and
CHURCHILL & BANKS, LTD'S,
MOTION FOR ALTERNATIVE SERVICE
Now come defendants, Cottage Plaza Associates, LLC, Churchill & Banks, LLC and
Churchill & Banks, Ltd., and move this Court to allow alternative service of subpoena for
deposition of a witness.
In support of this motion, Defendants provide affidavits from Michael Caires
(employed by Constable Richard Davis) (Exhibit A) and Constable Ronald Russo (Exhibit
B), each attesting to having spent several hours at a time throughout the day on several days
outside the home of Joseph Tavares, in an effort to serve Tavares with a subpoena for his
deposition.
Mr. Tavares, a crucial witness in this matter, has evaded service by not
appearing at the door of his house, or leaving or entering the house at any time while the
constables watched. Deposition Notices and Subpoenas are attached as Exhibit C.
In further support of this motion, defendants rely upon the attached memorandum.
PDF Page 3
Case 1:04-cv-00048-T Document53 _ Filed 06/27/2005 Page 2of5
WHEREFORE, Defendants request that service be made by by alternative means on
Joseph Tavares, specifically by tacking at the address where service has been attempted, or
by such other alternative service as the Court deems proper.
Defendants,
Cottage Plaza Associates, LLC
Churchill & Banks, LLC
Churchill & Banks, Ltd.
By their attorneys,
Faith A. LaSalle, Esq. (#2212)
One Turks Head Place
76 Westminster Street. Suite 1010
Providence, Rhode Island 02903
(401) 421-8080
CERTIFICATION OF SERVICE
I hereby certify that on this 7 day of June, 2005, I mailed a copy of this Motion for
Alternative Service to:
Craig R. Waksler, Esq.
Stephen Adams, Esq.
Taylor Duane Barton & Gilman, LLP
10 Dorrance Street, Suite 700
Providence, RI 02903
Matthew F. Noone, Esq.
Cozen O’Connor
The Atrium
1900 Market Street
Philadelphia, PA 19103
Robert Quigley, Esq.
McKenney, Jeffrey & Quigley
95 Chestnut Street
Providence, RI 02903
Marco Uriati, Esq.
Roberts, Carroll, Feldstein & Pierce
Ten Weybossett Street, Ste. 800
Providence, RI 02903
PDF Page 4
Case 1:04-cv-00048-T Document53 Filed 06/27/2005 Page 3of5
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COURT OF RHODE ISLAND
PENNSYLVANIA GENERAL INSURANCE )
COMPANY, a/s/o JOHN STROIS and )
SAFEGUARD INSURANCE COMPANY )
a/s/o RUI HENRIQUES )
Plaintiffs, ) C.A. No.: 04-48T
V. )
CHURCHILL & BANKS, LTD. )
and COTTAGE PLAZA, LLC )
Defendants/Third-Party Plaintiff )
V. )
J.H LYNCH & SONS, INC. )
)
)
Third-Party Defendant
DEFENDANTS COTTAGE PLAZA LLC, CHURCHILL & BANKS, LLC, and
CHURCHILL & BANKS, LTD’S MEMORANDUM OF LAW IN SUPPORT OF
MOTION FOR ALTERNATIVE SERVICE
Now come defendants, Cottage Plaza Associates, LLC, Churchill & Banks, LLC, and
Churchill & Banks, Ltd., and move this Court to allow alternative service of subpoena to
appear at a deposition on Joseph Tavares. In support of this motion, defendants state the
following.
This matter arises out of a mill fire that occurred on or about November 14, 2003, at
a Greenhalgh Mill Complex, located at Cottage and Woodbine Streets in Pawtucket, Rhode
Island. At that time, the mill complex was under demolition. Three different sub-contractors
were working on the premises on that day, including salvagers of wood hired by the
demolition company, Coventry Building & Wrecking Company. It has been learned that
Joseph Tavares, a day laborer for Dennis Maroney, the wood salvager, was on the premises
when the fire started and was one of the last workers off the premises after the fire. It is
believed that he would have knowledge about observations before the fire occurred, at the
PDF Page 5
Case 1:04-cv-00048-T Document53 _ Filed 06/27/2005 Page4of5
time the fire was discovered, and immediately after the fire; which would be of importance to
this litigation where the Fire Marshall classified the fire an undetermined origin. Information
obtained from Mr. Tavares’s observations may also be of relevance to the respective experts
retained by the parties in this litigation.
At one point, service was made on Mr. Tavares by the plaintiff, but he was not
reached for a deposition due to the length of the deposition of the witness before him. When
his deposition was not rescheduled, defendants attempted to schedule the deposition and to
make service, and has used two different constables to attempt to make service. Apparently,
Mr. Tavares is aware that the subpoena involves giving testimony about the Pawtucket mill
fire. It is believed by the constables that he is avoiding having service made on him by not
appearing at his door for service or leaving or entering the house while service is attempted
to be made.
In support of this motion, Defendants provide affidavits from Michael Caires
(employed by Constable Richard Davis) (Exhibit A) and Constable Ronald Russo (Exhibit
B), each attesting to having spent several hours at a time throughout the day on several days
outside the home of Joseph Tavares, in an effort to serve Tavares with a subpoena for his
deposition.
For these reasons, the defendants request that the court issue an order allowing for
alternative means of service, such as tacking on the house or other alternative means that the
court deems appropriate.
PDF Page 6
Case 1:04-cv-00048-T Document53 Filed 06/27/2005 Page5of5
Defendants,
Cottage Plaza Associates, LLC
Churchill & Banks, LLC
Churchill & Banks, Ltd.
By their attorneys,
aith A. LaSalle, Esq. (#2212)
One Turks Head Place
76 Westminster Street. Suite 1010
Providence, Rhode Island 02903
(401) 421-8080
CERTIFICATION OF SERVICE
[hereby certify that on this @} day of June, 2005, I mailed a copy of this Memorandum
in Support of Defendants’ Motion for Alternative Service to:
Craig R. Waksler, Esq.
Stephen Adams, Esq.
Taylor Duane Barton & Gilman, LLP
10 Dorrance Street, Suite 700
Providence, RI 02903
Matthew F. Noone, Esq.
Cozen O’Connor
The Atrium
1900 Market Street
Philadelphia, PA 19103
Robert Quigley, Esq.
McKenney, Jeffrey & Quigley
95 Chestnut Street
Providence, RI 02903
Marco Uriati, Esq.
Roberts, Carroll, Feldstein & Pierce
Ten Weybossett Street, Ste. 800
Providence, RI 02903 Os L, // pf
ff
PDF Page 7
Case 1:04-cv-00048-T
STATE OF RHODE ISLAND
Providence DMSION
Document 53-2
Filed 06/27/2005
Page 1 of 1
US District COURT
Penn General Ins
VS.
Joseph
Tavares
AFFIDAVIT IS SUPPORT OF ALTERNATIVE SERVICE
I have used diligence and made reasonable attempts to serve the above defendant at
40 Jenkins St
Providence
RI
02906
Listed below are the dates and times of attempted service
Day
Tuesday
Wednesday
Thursday
Friday
Saturday
Monday
Date
5-24-05
5-25-05
5-26-05
5-27-05
5-28-05
5-30-05
PLEASE NOTE! !!
Time
05:11
0621
1
':02
14:41
08:OO
5-24-05 05: 11 Left card, no answer; called the subject on his cell phone and he
stated that he was staying at a hotel in Seekonk, Ma. When I got there, I found out
that he was not staying there. I tried calling again and he would not answer his
phone; I tried calling him throughout the day but got no response
5-25-05 06:21 Left card no answer; no answer on cell phone throughout the day
5-26-05 11:14 Left card, no answer
5-27-05 1TO2 Left card, no answer
5-28-05 14:41 Left card, no answer; Spoke to subject on the phone; He stated that
he was not mound and would not meet with me.
5-30-05 08:OO Left card, no answer
There must be 5 attem~ts-Atleast 2 evenings and 3 daytime and 1 Saturdav attem~t
State of Rhode Island, County of r(L&
Subscribed and sworn to in
this
day O
~ ~ W L 2 0 a b e f o r e me.
PDF Page 8
Case 1:04-cv-00048-T
-
Document 53-3
Filed 06/27/2005
Page 1 of 2
ha,,r y 4 u , ~ d a v i in
t Support of Plaintiffs Motion for Alternative Service
&
'
Cc.u/zo/
1%
' A J ~so%?,>
u
Defendant's Address:
, a licensed constable, and states under oath as follows:
I have made diligent effort to personally serve the Defendant in the above captioned matter but have been
unable to either serve the Defendant personally or serve the Defendant by leaving the summons and complaint with
a person of suitable age and discretion residing at the Defendant's address. I have made the following attempts to
serve the Defendant:
Date
I Day of Week
I Time
I Notes
I
The information upon which I have relied to determine that the Defendant does in fact reside at the location is as
Date:
6 -9-fl1
l!rint
Name
Constable license number:
k / 7~
, 2 0 there personally appeared before
Before me on this
day of
me the above named individual who swore to the truth of the statements contained in this affidavit.
Notary Public
Print Name
RETURN THIS FORM TO THE ATTORNEY WITHIN SEVEN DAYS
OF THE LAST ATTEMPT AT SERVICE
PDF Page 9
Case 1:04-cv-00048-T Document 53-2 Filed 06/27/2005 Page 1 of 1
STATE OF RHODE ISLAND US District COURT
Providence DIVISION
Penn General Ins
VS.
Joseph Tavares
AFFIDAVIT IS SUPPORT OF ALTERNATIVE SERVICE
I have used diligence and made reasonable attempts to serve the above defendant at
40 Jenkins St
Providence RI 02906
Listed below are the dates and times of attempted service
Day Date Time
Tuesday 5-24-05 05:11 5-24-05 05:11 Left card, no answer; called the subject on his cell phone and he
Wednesday 5-25-05 06:21 stated that he was staying at a hotel in Seekonk, Ma. When I got there, I found out
Thursday 5-26-05 11:14 that he was not staying there. I tried calling again and he would not answer his
Saturlay ee haa phone; I tried calling him throughout the day but got no response
Monday 5-30-05 08:00 5-25-05 06:21 Left card no answer; no answer on cell phone throughout the day
5-26-05 11:14 Left card, no answer
5-27-05 17:02 Left card, no answer
5-28-05 14:41 Left card, no answer; Spoke to subject on the phone; He stated that
he was not around and would not meet with me.
5-30-05 08:00 Left card, no answer
Mahood Came
Pis INTERESTED Pens on
PLEASE NOTE!!!) Th t be 5 attempts-At least 2 evenings and 3 daytime and 1 ttem:)
State of Rhode Island, County of is alt
th ~—
Subscribed and swom to in ( DVEVTRY this UY day of.) UW 2 200§ before me.
Notary Publik 41352
PDF Page 10
Case 1:04-cv-00048-T
Document 53-4
Filed 06/27/2005
Page 1 of 15
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
PENNSYLVANIA G E N E R A L
I N S U R A N C E , a/ s / o John Sirois,
and S A F E G U A R D I N S U R A N C E
COMPANY, a/ s / o Rui Henriques
1
)
1
)
Plaintiffs,
VS.
C H U R C H I L L & B A N K S , LTD. and
C O T T A G E PLAZA, L L C
D e f e n d a n t s / T h i r d Party P l a i n t i f f s
1
C.A. NO: 04-48 T
)
1
1
)
VS.
J . H . LYNCH & S O N S , INC.
Third Party D e f e n d a n t
To:
Joseph Tavares
40 Jenkins Street
Providence, RI 02906
-YOU
ARE HEREBY COMMANDED to appear in the Superior Court for the County of Providence at 250
Benefit Street in the City of Providence, on the ' d a y of
,2005, at -o'clock &to
testify in trial of
the above-entitled action and bring with you
PLACE OF TESTIMONY
COURTROOM DATE AND TIME
X
YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of
a deposition in the above case.
76 Westminster Street
One Turks Head Place, Suite 1010, Providence, RI 02903
May 27,2005 @ 9:00 a.m.
PLACE OF DEPOSITION
DATE AND TIME
-YOU
ARE COMMANDED to produce and permit inspection and copying of the following documents or
objects at the place, date, and time specified below (list documents or objects):
Faith A. LaSalle, Esq. (#2212)
Law Offices of Faith A. LaSalle
One Turks Head Place, Suite 1010
Providence, RI 02903
(401) 421-8080
PLACE
DATE AND TIME
PDF Page 11
Case 1:04-cv-00048-T Document 53-3 — Filed 06/27/2005 Page 1 of 2
fR 2 70 SVL Ane Se rea nee of Plaintiff's Motion for Alternative Service
ATA (iaintiff)
j worn, 1 fat
-, i Liyeeed Gf? MMe (Defendant)
Ie cosoph TRuen
Now come
Defendant’s Address:
V, a licensed constable, and states under oath as follows:
I have made diligent effort to personally serve the Defendant in the above captioned matter but have been
unable to either serve the Defendant personally or serve the Defendant by leaving the summons and complaint with
a person of suitable age and discretion residing at the Defendant’s address. | have made the following attempts to
serve the Defendant:
Date Day of Week Time Notes
63-05 | Any Zubr | be W mrrhn,
6-35-08 | Fut & gpm n ‘ a
| b-4-u6 | Cad ZW Om | tht nadty
6-S-0F | ‘mun/ /1iWbon
| 4-705| fir 4a pn tp gad
The information upon which I have relied to determine that the Defendant does in fact reside at the location is as
follows: (use jack for addigional information)
I swear to the truth of the above information.
Date:
6-7-5
Before me on this
me the above named individual who swore to the truth of the statements contained in this affidavit.
Hen
bud deste
A, J HD
rint Name
Constable license number: 6, LS /
day of
,20____ there personally appeared before
Notary Public
Print
Name
RETURN THIS FORM TO THE ATTORNEY WITHIN SEVEN DAYS
OF THE LAST ATTEMPT AT SERVICE
PDF Page 12
Case 1:04-cv-00048-T Document 53-3 Filed 06/27/2005 Page 2of2
pang met pes ay “1,
Cod We de Jen ws WIRY
We Led FG Pan ah tod Ae So
7 hd om I uth Ie
PDF Page 13
To:
Case 1:04-cv-00048-T Document 53-4 — Filed 06/27/2005. - Page 1 of 15
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
PENNSYLVANIA GENERAL
INSURANCE, a/s/o John Sirois,
and SAFEGUARD INSURANCE
COMPANY, a/s/o Rui Henriques
Plaintiffs,
vs.
i
C.A. NO: 04-48 T
ee ee ee ee ee ee ee ee
CHURCHILL & BANKS, LTD. and
COTTAGE PLAZA, LLC
Defendants/Third Party Plaintiffs
vs.
J.H: LYNCH & SONS, INC.
Third Party Defendant
Joseph Tavares
40 Jenkins Street
Providence, RI 02906
____ YOU ARE HEREBY COMMANDED to appear in the Superior Court for the County of Providence at 250
Benefit Street in the City of Providence, onthe ‘dayof_ ss «5 2005, at__ o'clock A.M. to testify in trial of
the above-entitled action and bring with you '
PLACE OF TESTIMONY COURTROOM DATE AND TIME
Xx YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of .
a deposition in the above case.
76 Westminster Street
One Turks Head Place, Suite 1010, Providence, RI 02903 May 27, 2005 @ 9:00 a.m.
PLACE OF DEPOSITION DATE AND TIME
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or —
objects at the place, date, and time specified below (list documents or objects):
Faith A. LaSalle, Esq. (#2212) |
Law Offices of Faith A. LaSalle
One Turks Head Place, Suite 1010
Providence, RI 02903
(401) 421-8080
PLACE
DATE AND TIME
PDF Page 14
* Case 1:04-cv-00048-T Document 53-4 Filed 06/27/2005 ‘Page 2 of 15
YOU ARE COMMANDED
to permit the inspection of the following premises at the date and
time specified below. :
Turks Head Building, Suite 1010, Providence, RI 02903
PREMISES
DATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of deposition shall designate
one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf and may
set forth, for each person designated, the matters on which the person will testify. Superior Court Rule of Civil
Procedure, 30(b)(6). i
Attorney for defendant,
vd bile
Faith A. La§alle, Esq.
May, 005
ISSUING OFFICER SIGNATURE AND TITLE
(INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
DATE
Faith A. LaSalle, Esq.
Law Offices of Faith A. LaSalle
One Turks Head Place, Suite 1010
Providence, RI 02903
(401) 421-8080
PDF Page 15
- Case 1:04-cv-00048-T Document 53-4 — Filed 06/27/2005 | Page 3 of 15
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON (PRINT NAME)
MANNER OF SERVICE : |
SERVED BY (PRINT NAME) TITLE |
DECLARATION OF SERVER
I declare under penalty of perjury that the following information contained in the Proof of Service
correct.
Executed on
Signature of Person accepting service
is true and
SIGNATURE OF SERVER
ADDRESS OF SERVER
Case 1:04-cv-00048-T. Document 53-4
VY
Filed 06/27/
Certification of Service
I, the undersigned, hereby certify that on this 937 day of May, 2(
within Notice to Take Deposition has been mailed to the followi
Marco P. Uriati, Esquire, Roberts, Carroll, Feldstein & Peirce, 10 Weyb
Providence, RI 02903; Robert J. Quigley, Jr., Esquire, 95 Chestnut Street!
RI 02903; Craig R. Waksler, Esquire, Stephen Adams, Esquire, Tayl
Gilman, LLP, 111 Devonshire Street, Boston, MA 02109; and Jeffrey Sc
& Sowa, 67 Cedar Street, Suite 102, Providence, RI 02903.
Ly
D,
009 Pac
H
Matthew F. Noone, Esquire, Cozen O’Connor, 1900 Market Street, Phi
K
)
ot, Duane,
wa, Esquire
e5of15
D5 a true copy of the
g counsel of record:
ladelphia, PA 19103;
sset Street,
6" Floor, P
8" Floor,
rovidence,
Barton &
| LaPlante
LAW OFFICES OF F
Li.
AITH A. LA
SALLE
PDF Page 18
To:
Case 1:04-cv-00048-T Document 53-4 ~~ Filed 06/27/2005 Page6of15
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
PENNSYLVANIA GENERAL ) TRUE COPY ATTE!
INSURANCE, a/s/o John Sirois, ) AED J. HARRIS SOE
and SAFEGUARD INSURANCE ) CONSTABLE # 608t5yy STABLE
COMPANY, a/s/o Rui Henriques ) DA DATES
)
Plaintiffs, )
)
vs. )
)
C.A. NO: 04-48 T
CHURCHILL & BANKS, LTD. and
COTTAGE PLAZA, LLC
Defendants/Third Party Plaintiffs
vs. rer
J.H. LYNCH & SONS, INC.
Third Party Defendant
Nemo Smee Ne Nee ne Nee et eee ee eee”
~
Ronaid J. Russo .
Joseph Tavares so
40 Jenkins Street
Providence, RI 02906
____YOU ARE HEREBY COMMANDED to appear in the Superior Court for the County of Providence at 250
Benefit Street in the-City of Providence, on the ___dayof____——«, 2005, at__ o'clock A.M. to testify in trial of
the above-entitled action and bring with you
PLACE OF TESTIMONY
X_ YOU ARE COMMANDED to
a.deposition in the above case.
76 Westminster Street
One Turks Head Place, Suite 1010, Providence, RI 02903 June 9, 2005 @ 9:00 a.m.
COURTROOM DATE AND TIME
appear at the place, date, and time specified below to testify at the taking of
ca Pe BA A
PLACE OF DEPOSITION ”
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or
objects at the place, date, and time specified below (list documents or objects):
DATE AND TIME
Faith A. LaSalle, Esq. (#2212)
Law Offices of Faith A. LaSalle
One Turks Head Place, Suite 1010
Providence, RI 02903
(401) 421-8080
PLACE
DATE AND TIME
PDF Page 19
. Case 1:04-cv-00048-T Document 53-4 ~~ Filed 06/27/2005 Page /7of15
YOU ARE COMMANDED to permit the inspection of the following premises at the date and
time specified below.
Turks Head Building, Suite 1010. Providence, RI_02903
PREMISES
DATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of deposition shall designate
one or more officers, directors, or mana
ging agents, or other persons who consent to testify on its behalf and may
set forth, for each person designated, the matters on which the person will testify. Superior Court Rule of Civil
Procedure, 30(b)(6).
_ Attorney for defendant,
A
aSalle, Esq.
June 2, 2005
ISSUING OFFICER SIGNATURE AND TITLE
(INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
DATE
Faith A. LaSalle, Esq.
Law Offices of Faith A. LaSalle
One Turks Head Place, Suite 1010 |
Providence, RI 02903
(401) 421-8080
PDF Page 20
Case 1:04-cv-00048-T Document 53-4 ~~ Filed 06/27/2005 Page 8of15
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
I declare under penalty of perjury that the following information contained in the Proof of Service is true and
correct.
Executed on
SIGNATURE OF SERVER
ADDRESS OF SERVER
Signature of Person accepting service
PDF Page 21
Case 1:04-cv-00048-T Document 53-4 ~~ Filed 06/27/2005 Page9of15
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
PENNSYLVANIA GENERAL
INSURANCE, a/s/o John Sirois,
and SAFEGUARD INSURANCE
COMPANY, a/s/o Rui Henriques
Plaintiffs,
vs.
C.A. NO: 04-48 T
CHURCHILL & BANKS, LTD. and
COTTAGE PLAZA, LLC
Defendants/Third Party Plaintiffs
vs.
J.H. LYNCH & SONS, INC.
Nee ee ee ee ee ee ee ee ee ee ae eee alee ee
Third Party Defendant
NOTICE TO TAKE DEPOSITION
DEPONENT: Joseph Tavares
DATE: June 9, 2005
TIME: 9:00 a.m.
Please take notice that pursuant to Rule 30 of the Rhode Island Rules of Civil
Procedure, the defendants in the above-captioned matter will take the deposition of the
above-named individual on oral examination, which examination will continue from day to day
until completed, the same to commence on the date and at the time above stated at the offices
of Faith A. LaSalle, One Turks Head Place, Suite 1010, Providence, Rhode Island, before a
notaty public commissioned in the State of Rhode Island.
Defendants,
Churchill & Banks, LTD and
Cottage Plaza, LLC
Zl A bela
Faith A. LaSalle (#2212
LAW OFFICES OF FAITH A. LASALLE
One Turks Head Place, Suite 1010
Providence, RI 02903
401-421-8080
PDF Page 22
Case 1:04-cv-00048-T Document 53-4 Filed 06/27/2005 Page 10 of 15
Certification of Service
I, the undersigned, hereby certify that on this gn day of Jue , 2005 a true copy of
the within Notice to Take Deposition has been mailed to the following counsel of record:
Matthew F. Noone, Esquire, Cozen O’Connor, 1900 Market Street, Philadelphia, PA 19103:
Marco P. Uriati, Esquire, Roberts, Carroll, Feldstein & Peirce, 10 Weypbosset Street, 8" Floor,
Providence, RI 02903; Robert J. Quigley, IJr., Esquire, 95 Chestnut Street, 6" Floor, Providence,
RI 02903; Craig R. Waksler, Esquire, Stephen Adams, Esquire, Taylor, Duane, Barton &
Gilman, LLP, 111 Devonshire Street, Boston, MA 02109; and Jeffrey Sowa, Esquire, LaPlante
& Sowa, 67 Cedar Street, Suite 102, Providence, RI 02903.
fu £4
LAW OFFICES OF FAITH A. LASALLE
PDF Page 23
To:
Case 1:04-cv-00048-T Document 53-4 Filed 06/27/2005 Page11 of 15
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
PENNSYLVANIA GENERAL
INSURANCE, a/s/o John Sirois,
and SAFEGUARD INSURANCE
COMPANY, a/s/o Rui Henriques
Plaintiffs,
VS.
et Nee ee Nee Se See! Some” Some
C.A. NO: 04-48 T
CHURCHILL & BANKS, LTD. and
COTTAGE PLAZA, LLC
Defendants/Third Party Plaintiffs
vs.
J.H. LYNCH & SONS, INC.
Nee me ee ee ee ee ee eee eee ee
Third Party Defendant
Joseph Tavares
40 Jenkins Street
Providence, RI 02906
YOU ARE HEREBY COMMANDED to appear in the Superior Court for the County of Providence at 250
Benefit Street in the City of Providence, on the day of , 2005, at___ o'clock A.M. to testify in trial of
the above-entitled action and bring with you
PLACE OF TESTIMONY COURTROOM DATE AND TIME
X__ YOU ARE COMMANDED to appear at the place, date,
a deposition in the above case.
76 Westminster Street
One Turks Head Place, Suite 1010, Providence, RI 02903
and time specified below to testify at the taking of
June 17, 2005 @ 9:00 a.m.
PLACE OF DEPOSITION DATE AND TIME
YOU ARE COMMANDED to
produce and permit inspection and copying of the following documents or
objects at the place, date, and time sp
ecified below (list documents or objects):
Faith A. LaSalle, Esq. (#2212)
Law Offices of Faith A. LaSalle
One Turks Head Place, Suite 1010
Providence, RI 02903
(401) 421-8080
PLACE
DATE AND TIME
PDF Page 24
Case 1:04-cv-00048-T Document 53-4 Filed 06/27/2005 Page 12 of 15
YOU ARE COMMANDED to
permit the inspection of the following premises at the date and
time specified below.
Turks Head Building, Suite 1010, Providence, RI 02903
PREMISES DATE AND TIME
Any organization not a party to this suit that is subp
one or more officers, directors,
set forth, for each person desi
Procedure, 30(b)(6).
oenaed for the taking of deposition shall designate
or managing agents, or other persons who consent to testify on its behalf and may
gnated, the matters on which the person will testify. Superior Court Rule of Civil
Attorney for defendant,
Lil 4 Mdballh
Faith A. LaSalle, Esq. *
June /P7Z, 2005
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
DATE
Faith A. LaSalle, Esq.
Law Offices of Faith A. LaSalle
One Turks Head Place, Suite 1010
Providence, RI 02903
(401) 421-8080
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