Preview
iperior Gourt - Nortotk
icket Number
1.0
EFILED 10/23/2023
MBPDzbre 18-250
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT NORFOLK
$3830Vdo067
Docket No. ——
INRE: Dr. Mohammed A. Issa of Brigham and
Women’s Health Care Center
(Louanna Colafrancesco v. Thyssenkrupp Elevator Corporation,
et al, Providence Superior Court, C.A. No: PC-2018-6460) t
MISCELLANEOUS PETITION TO TAKE DEPOSITION
c
1 This miscellaneous petition is brought pursuant to a lawsuit pending in
Providence County Superior Court, State of Rhode Island, entitled: Louanna Colafrancesco v.
Thyssenkrupp Elevator Corporation, et al, Civil Action No: PC-2018-6460.
2.2 Defendant, Thyssenkrupp Elevator Corporation, in the above-referenced matter
has been issued Letters Rogatory in accordance with the Rules of Civil Procedure in the State of
Rhode Island to:
Keeper of Records for deposition of
Dr. MOHAMMED A. Issa OF BRIGHAM AND WOMEN’S HEALTH CARE CENTER
850 Boylston Street, Suite 320, Chestnut Hill, MA 02467
to obtain records and depose the Keeper of Records. See “Exhibit I,” Letters Rogatory and Order
Granting Motion;
2
3 That said letters command the appropriate person(s) to appear in Massachusetts at
or near Chestnut Hill, or at some other location mutually convenient to the parties to be
determined, and to testify and submit for inspection the items specifically set forth in the
Subpoena appended hereto as “Exhibit II.” ,
WHEREFORE, defendant, Thyssenkrupp Elevator Corporation, comes before this Court
and respectfully requests an Order to enforce said subpoena to allow the deposition of the
Keeper of Records of DR. MOHAMMED A. IssA OF BRIGHAM AND WOMEN’S HEALTH CARE
‘
Iperior Court - Nortolk
icket Number
CENTER, 850 Boylston Street, Suite 320, Chestnut Hill, MA 02467, to go forward as indicated
in paragraphs 2 and 3.
s/ Mark P. Dolan
Mark P. Dolan, Esquire (BBO: #547949)
RICE DOLAN & KERSHAW
Attorney for Defendant,
Thyssenkrupp Elevator Corperation
72 Pine Street, Suite 300
Providence, RI 02903
Phone: (401) 272-8800
Fax: (401) 421-7218
ndolan@ricedolan.com
CERTIFICATION
I hereby certify that a copy of the within document has been mailed or electronically
served via email tocounsel of record, as follows, on October 23, 2023:
Peter J. Comerford, Esquire C. Russell Bengtson, Esquire
Coia & Lepore, Lid. Bengtson & Jestings, LLP
226 South Main Street 40 Westminster Street, Suite 300
Providence, RI 02903 Providence, RI 02903
pcomefo@coiulepore.com rbengtson@benjestlaw.com
/s/ Mark P. Dolan
Mark P. Dolan, Esquire (BBO: #547949)
ss hibit
\perior Court - Nortolk
2018-6460
fied in Providen ce/Bristot County Superior Court
submitted: 9/14/2023 1:42 PM
nvelope: 4274080
teviewer: Dianna J.
MPDsbre 18-250
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
LOUANNA COLAFRANCESCO
VS. CA. NO.: PC 2018-6460
THYSSENKRUPP ELEVATOR
CORPORATION, COUNCIL ON
POSTSECONDARY EDUCATION
and COMMUNITY COLLEGE OF
RHODE ISLAND
LETTERS ROGATORY
TO: The Appropriate Judicial Authority in the Commonwealth of Massachusetts.
WHEREAS, a certain action is pending before us in which THYSSENKRUP
ELEVATOR CORPORATION is a defendant, and LOUANNA COLAFRANCESCO is the
plaintiff. It has been suggested to us that there are witness(es) residing within your jurisdiction
without which testimony justice cannot be completely done between said parties.
WE, THEREFORE, request that, in furtherance of justice, you will, by your proper and
usual process, cause the following individual(s)/entity(ies):
Keeper of Records of Dr. Mohammed A. Issa of Brigham and Women’s Health
Care Center, 850 Boylston Street, Suite 320, Chestnut Hill, MA 02467.
to appear before you or some competent person assigned by you for that purpose authorized, at a
time and place by you to be fixed or agreed upon by the Deponent(s) and the Parties, to answer
questions upon oral deposition, and that you will cause the testimony to be committed to writing,
and such books, papers, records, documents or other things which said witness(es) produced to
be marked as “Defendant’s Exhibits”, and that you will cause the same to be produced to
Mark P. Dolan, Esquire, RICE DOLAN & KERSHAW, 72 Pine Street, Suite 300, Providence,
perior Court - Nortotk
i PC-2018-6460
‘iled in Providence/Bristo! County Superior Court
iubmitted: 9/14/2023 1:42 PM
invelope: 4274090
teviewer: Dianna J.
RI 02903, together with these presents, and we shall be ready and willing to do the same for you
in a similar case when required.
WITNESS the Honorable Justice of said Court this day of
2023.
ENTER: BY ORDER:
/si Joseph J. McBurney /sf Victoria Reakes-Higgins
Associate Justice Deputy Clerk
Judge Joseph J. McBurney Clerk September 19, 2023
Dated:
Presented by:
Js/ Mark P. Dolan
Mark P. Dolan (#3280)
RICE DOLAN & KERSHAW
Attorneys for Defendant
ThyssenKrupp Elevator Corporation
72 Pine Street, Suite 300
Providence, RI 02903
(401) 272-8800 telephone
(401) 421-7218 fax
ndolan@ricedolan.com
CERTIFICATE OF SERVICE
Thereby certify that on September 14, 2023, I filed and served this document through the
electronic filing system to the following parties:
Peter J. Comerford, Esquire C. Russell Bengtson, Esquire
Coia & Lepore, Ltd. Bengtson & Jestings, LLP
226 South Main Street 40 Westminster Street, Suite 300
Providence, RI 02903 Providence, RI 02903
pcomefo@coialepore.com rbengtson@benjestlaw.com
This document electronically filed and/or served is available
for viewing and/or downloading
from the Rhode Island
Judiciary's Electronic Filing System.
és Mark P.. Dolan.
Iperior Court - Not
0-201 8-6460
iled in Providence/Bristol County Superior Court
ubmitted: 9/14/2023 1:42 PM
nvelope: 4274090
eviewer: Dianna J.
MPD<-bre 18-250
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
LOUANNA COLAFRANCESCO
VS. C.A. NO.: PC-2018-6460
THYSSENKRUPP ELEVATOR
CORPORATION, COUNCIL ON
POSTSECONDARY EDUCATION
and COMMUNITY COLLEGE OF
RHODE ISLAND
ORDER ALLOWING DEFENDANT’S MOTION FOR ISSUANCE
OF LETTERS OGATORY TO TAKE OUT-OF- TE DEPOSITION
This matter came on for hearing before an Honorable Justice of the Providence County
Superior Court on September 14, 2023 with respect to defendant’s motion for issuance of
Letters Rogatory to take an out-of-state deposition of the following individual(s)/entity(ies):
Keeper of Records of Dr. Mohammed A. Issa of Brigham and Women’s Health
Care Center, 850 Boylston Street, Suite 320, Chestnut Hill, MA 02467.
and to issue and have served by the appropriate authorities a subpoena to the above-named
individual(s)/entity(ies). Said deposition is to be held in the deponent’s respective
Commonwealth of Massachusetts or at a place mutually convenient to all of the parties. After
hearing thereon, it is hercby:
ORDERED, ADJUDGED, AND DECREED:
That the defendant’s motion is granted.
That unless the Court makes further orders regarding such records, the parties
shall not use or disclose the Protected Health Information (“PHI”) and medical
records for any purpose other than the subject litigation or proceeding. The
parties shall destroy the PHI and medical records (including all copies made) at
the end of said litigation or proceeding (and final appeals), unless otherwise
ordered by the Court or authorized by the patient.
Entered as an Order of this Court on the day of. » 2623.
1
ipenior Gourt - Nortolk
PC-2018-6460
tied in Providi lence/Bristol County Superior Court
‘ubmitted: 9/14/2023 1:42 PM
‘nvelope: 4274090
teviewer: Dianna J.
ENTER: BY ORDER:
/s/ Joseph J. McBurney és/ Victoria Reakes-Higgins
Associate Justice Deputy Clerk
Judge Joseph J. McBurney Clerk September 19, 2023
Dated:
Presented by:
/s/ Mark P. Dolan
Mark P. Dolan (#3280)
RICE DOLAN & KERSHAW
Attorneys for Defendant
ThyssenKrupp Elevator Corporation
72 Pine Street, Suite 300
Providence, RI 02903
(401) 272-8800 telephone
(401) 421-7218 fax
mdolan@ricedolan.com
CERTIFICATE OF SERVICE
Lhereby certify that on September 14, 2023, I filed and served this document through the
electronic filing system to the following parties:
Peter J. Comerford, Esquire C. Russell Bengtson, Esquire
Coia & Lepore, Ltd. Bengtson & Jestings, LLP
226 South Main Street 40 Westminster Street, Suite 300
Providence, RI 02903 Providence, RI 02903
pcomefo@coialepore.conm rbengtson@benjestlaw.com
This document electronically
filed and/or served is available for viewing and/or downloading from the Rhode Island
Judiciary's Electronic Filing System.
dsl Mark P. Dolan eee
ipenior Gourt - Nortolk
Exhibit
I]
Iperior Court - Nortoik
icket Number
MPDzbre 18-250
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR, SC NORFOLK
IN RE: Mise. Petition No:
Dr. Mohammad Issa of Brigham and
t
Women’s Health Care Center '
:
{LouAnna Colafrancesco v. Thyssenkrupp. !
DEPOSITION SUBPOENA: DUCES TECUM
R.LC.P. RULE 30(a) AND RULE 45
TO: Keeper of Records of Dr. Mohammed A. Issa
of Brigham and Women’s Health Care Center
850 Boylston Street, Suite 320, Chestnut Hill, MA 02467
DATE & TIME Wednesday, December 27, 2023 at 11:00am
GREETINGS.
YOU ARE HEREBY COMMANDED in the name of the State of Rhode Island and Providence
Plantations in accordance with the provisions of Rule 45 of the Rhode Island Rules of Civil
Procedure to appear and testify on behalf of defendant(s) before a Notary Public of the State of
Rhode Island and Providence Plantations on Wednesday, December:27, 2023 at 11:00am at the
office of RICE DOLAN & KERSHAW, One Boston Place, Suite 2600, Boston, MA 02108 (or
some other mutually agreeable location) and to testify as to your knowledge at the taking of the
deposition in the above action.
Please provide the documents listed on the attached Schedule A. Documents may be sent
certified mail, return receipt requested, in a separate sealed envelope with a notarized affidavit
(see attached sample) in lieu of a personal appearance by the Keeper of Records.
HEREOF fail not as you will answer your default under the pains and penalties in the law that
behalf made and provided.
B
DATED: Qetober 23 7023 Copy via email and electronic filing to:
i
i _f 2 Peter J. Comerford, Esquire
Mark P. Sole Ena (#3280) ~~ peomefo@coialepore. CoM
RICE DOLAN & KERSHAW
Attorneys for Defendant C. Russell Bengtson, Esquire
Thyssenkrupp Elevator Corporation ‘bengtson@benjestlaw.com
72 Pine Street, Suite 300
Providence, RI 02903 Esquire Deposition Solutions
(401) 272-8800 Cranstonscheduling@esquiresolutions.com
(401) 421-7218 (fax)
midolan@ricedolan.com
Iperior Court - Nortolk
scket Number
PROOF/RETURN 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 foregoing information contained in the Proof of
Service is true and correct.
Executed on:
SIGNATURE OF SERVER
ADDRESS OF SERVER
ipenior Court - Nortolk
scket Number
“SCHEDULE A”
You are hereby requested to bring with you certified copies of the following
documents regarding:
Name: LouAnna Colafrancesco
DOB 10/27/1964.
Address 1287 Plainfield Street
Johnston, RT 02909
SSN xxx-xx-0270
Copies of all medical records, including, but not limited to,
diagnostic tests of treatment notes which reflect treatment
rendered to LouAnna Colafrancesco for treatment related to
any injury, illness, degenerative disease, or complaint suffered
by him/her at any time from the inception as a patient through
and up to the present.
Copies of all office notes, patient questionnaires/intake forms,
notations, charts, treatment notes, reports, correspondence,
either yours or received from others, correspondence to or from
third parties such as attorneys, insurers or other health care
facilities, laboratory test results, x-ray reports, reports of
payments and bills and any other document not already
described above relating to LouAnna Colafrancesco.
iperior Court - Nortolk
icket Number
RULE 45 - SUBPOENA
{c) Protection of Persons Subject to Subpoenas.
(1) A party or an attorney responsible for the issuance and service of a subpoena shall take
reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court
on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in
breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a
reasonable attorney's fee.
(2)(A) A person commanded to produce and permit inspection and copying of designated books,
Papers, documents or tangible things or inspection of premises need not appear in person at the place of
production or inspection unless commanded to appear for deposition, hearing or trial.
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection
and copying may, within 14 days after service of the subpoena or before the time specified for compliance is
such time is less than 14 days after service, serve upon the pariy or attorney designated in the subpoena
written objection to inspection or copying of any or ail of the designated materials or of the premises. if
objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or
inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection
has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move
at any time for an order to compel the production. Such an order to compel production shall protect any person
who is not a party or an officer of a party from significant expense resulting from the inspection and copying
commanded.
(3A) On timely motion, the court by which a subpoena was issued shall quash or modify the
subpoena if it
(i) fails to allow reasonable time for compliance;
(ii) requires disclosure of privileged or other protected matter and no exception or waiver
applies, or
(iii) subject a person to undue burden.
(B) If subpoena
@ requires disclosure of a trade secret or other confidential research, development or
commercial information, or
(i) requires disclosure of an unretained expert's opinion or information not describing specific
events or occurrences in dispute and resulting from the expert's study made not at the request
of any party,
the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if
the party in whose behaif the subpoena is issued shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is
addressed will be reasonably compensated, the court may order appearance or production only upon specified
onditions.
(a) Duties in Responding to Subpoena.
(1) A person responding to a subpoena to produce documents shall produce them as they are kept in
the usual course of business or shall organize and label them to correspond with the categories in the demand.
(2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to
protection as trial preparation materials, the claim shall be made expressly and shall be supported by a
description of the nature of the documents, communications, or things not produced that is sufficient to enable
the demanding party to contest the claim.
iperior Court - Nortoik
ycket Number
MPD:bre 18-250
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
LOUANNA COLAFRANCESCO
vs. CA. NO.: PC-2018-6460
THYSSENKRUPP ELEVATOR
CORPORATION, COUNCIL ON
POSTSECONDARY EDUCATION
and COMMUNITY COLLEGE OF
RHODE ISLAND
AFFIDAVIT OF RECORDS
The copies of records for which this certification is made are true and complete
reproductions of the original or microfilmed records which are housed at the office of the Keeper
of Records for Dr. Mohammed A. Issa of Brigham and Women’s Health Care Center.
The original records were made in the regular course of a regularly conducted business,
and it was the regular course of this office to make such records at or near the time of the matter
recorded.
This certification is also given pursuant to Rhode Island General Laws § 9-19-30 by the
custodian of the records in lieu of personal appearance.
Such copies are separately enclosed and sealed in a separate envelope or wrapper.
pages in the record.
Sincerely,
Keeper of Records
STATE OF RHODE ISLAND
COUNTY OF
SUBSCRIBED and SWORN TO before me this day of » 2023.
NOTARY PUBLIC
My Commission Expires:
Iperior Court - Nortoik
'okgtNECBPESHED 1900
THE ALDRICH BUILDING
72 PINE STREET, SLIITE 300
RIcE DOLAN & KERSHAW PROVIDENCE, Ri 02903
TELEPHONE: 401-272-8800
Attorneys Ar Law TELECOPIER: 401-421-7218
ONE BOSTON PLACE, SUITE 2600
BOSTON, Ma 02108
TELEPHO! 933-7259
TELECOPIER: 857-239-8801
WWWRICEDOLAN.COM.
October 23, 2023
Dr. Mohammed A. Issa
of Brigham and Women’s Health Care Center
850 Boylston Street, Suite 320.
Chestnut Hill, MA 02467
ATTN: Keeper of Records
Re Ralph Ruggiero, Jr.
d.o. 3-2-67
No Our File: 15-254
Dear Sir/Madam:
WRITTEN CERTIFICATION
This letter certifies that the requirements of R.I.G.L. § 5-37.3-6.1 have been complied
with as follows:
L The individual whose records have been subpoenaed are represented by counsel.
2. Counsel for LouAnna Colafrancesco has been notified of the issuance of the subpoena and deposition date of
December 27, 2023.
A copy of R.LG.L. § 5-37.3-6.1 was forwarded to LouAnna Colafrancesco’s counsel along with a copy of the
subpoena and notice of deposition.
Twenty (20) days has passed and to date, the law firm of RICE DOLAN & KERSHAW has not received a
Motion to Quash or challenge the attached subpoena and therefore, it is now being served upon you. Should
such a motion be received by RICE DOLAN & KERSHAW at any time prior to December 27, 2023 the
records deposition will be canceled and only rescheduled under Court Order.
| 1 ae
eee
waarP. Dolan”
MPD:bre
cc! Counsel of Record
Ipenior Court - Nortoik
scket Number
MPD:bre 18-250
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
LOUANNA COLAFRANCESCO
VS. C.A.NO.: PC-2018-6460
THYSSENKRUPP ELEVATOR
CORPORATION, COUNCIL ON
POSTSECONDARY EDUCATION
and COMMUNITY COLLEGE OF
RHODE ISLAND
NOTICE OF INTENTION TO TAKE DEPOSITION
DEPONENT: Keeper of Records, DR. MOHAMMED A. ISSA OF BRIGHAM AND WOMEN’S
Address: HEALTH CARE CENTER, 850 Boylston Street, Suite 320, Chestnut Hill, MA
02467
DATE and TIME: Wednesday, December 27, 2023 at 11:00 a.m.
Please take notice that the defendant will take the testimony on oral examination of the
ABOVE-NAMED DEPONENT at the time SET FORTH ABOVE before a Notary Public of the
State of Massachusetts and thereafter from day to day as the taking of the deposition may be
adjourned at:
LOCATION: RICE DOLAN & KERSHAW
ONE BOSTON PLACE, SUITE 2600, Boston, MA 02108
(or another location mutually convenient to the parties)
at which time and place you are notified to appear and take such part in the examination as you
be advised and as shall be fit and proper.
4s/ Mark P. Dolan
Mark P. Dolan, Esq. (RI 3280)(BBO 547949)
RICE DOLAN & KERSHAW
Attorney for the Defendant
Thyssenkrupp Elevator Corporation
72 Pine Street, Suite 300
Providence, RI 02903
Phone: (401) 272-8800
Fax: (401) 421-7218
mdolan@ricedolan.com
ipenior Court - Nortolk
yeket Number
CERTIFICATION
1 hereby certify that a copy of the within document has been mailed or electronically
served via email to counsel of record, as follows, on October 23. 2023:
Peter J. Comerford, Esquire C. Russell Bengtson, Esquire
Coia & Lepore, Ltd. Bengtson & Jestings, LLP
226 South Main Street 40 Westminster Street, Suite 300
Providence, RI 02903 Providence, RI 02903
peomefo@coialepore.com rbengtson@benjestlaw.cam
¢s/ Mark P. Dolan
Mark P. Dolan, Esquire (BBO 547949)
Preview
iperior Gourt - Nortotk icket Number 1.0 EFILED 10/23/2023 MBPDzbre 18-250 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT NORFOLK $3830Vdo067 Docket No. —— INRE: Dr. Mohammed A. Issa of Brigham and Women’s Health Care Center (Louanna Colafrancesco v. Thyssenkrupp Elevator Corporation, et al, Providence Superior Court, C.A. No: PC-2018-6460) t MISCELLANEOUS PETITION TO TAKE DEPOSITION c 1 This miscellaneous petition is brought pursuant to a lawsuit pending in Providence County Superior Court, State of Rhode Island, entitled: Louanna Colafrancesco v. Thyssenkrupp Elevator Corporation, et al, Civil Action No: PC-2018-6460. 2.2 Defendant, Thyssenkrupp Elevator Corporation, in the above-referenced matter has been issued Letters Rogatory in accordance with the Rules of Civil Procedure in the State of Rhode Island to: Keeper of Records for deposition of Dr. MOHAMMED A. Issa OF BRIGHAM AND WOMEN’S HEALTH CARE CENTER 850 Boylston Street, Suite 320, Chestnut Hill, MA 02467 to obtain records and depose the Keeper of Records. See “Exhibit I,” Letters Rogatory and Order Granting Motion; 2 3 That said letters command the appropriate person(s) to appear in Massachusetts at or near Chestnut Hill, or at some other location mutually convenient to the parties to be determined, and to testify and submit for inspection the items specifically set forth in the Subpoena appended hereto as “Exhibit II.” , WHEREFORE, defendant, Thyssenkrupp Elevator Corporation, comes before this Court and respectfully requests an Order to enforce said subpoena to allow the deposition of the Keeper of Records of DR. MOHAMMED A. IssA OF BRIGHAM AND WOMEN’S HEALTH CARE ‘ Iperior Court - Nortolk icket Number CENTER, 850 Boylston Street, Suite 320, Chestnut Hill, MA 02467, to go forward as indicated in paragraphs 2 and 3. s/ Mark P. Dolan Mark P. Dolan, Esquire (BBO: #547949) RICE DOLAN & KERSHAW Attorney for Defendant, Thyssenkrupp Elevator Corperation 72 Pine Street, Suite 300 Providence, RI 02903 Phone: (401) 272-8800 Fax: (401) 421-7218 ndolan@ricedolan.com CERTIFICATION I hereby certify that a copy of the within document has been mailed or electronically served via email tocounsel of record, as follows, on October 23, 2023: Peter J. Comerford, Esquire C. Russell Bengtson, Esquire Coia & Lepore, Lid. Bengtson & Jestings, LLP 226 South Main Street 40 Westminster Street, Suite 300 Providence, RI 02903 Providence, RI 02903 pcomefo@coiulepore.com rbengtson@benjestlaw.com /s/ Mark P. Dolan Mark P. Dolan, Esquire (BBO: #547949) ss hibit \perior Court - Nortolk 2018-6460 fied in Providen ce/Bristot County Superior Court submitted: 9/14/2023 1:42 PM nvelope: 4274080 teviewer: Dianna J. MPDsbre 18-250 STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE, SC. LOUANNA COLAFRANCESCO VS. CA. NO.: PC 2018-6460 THYSSENKRUPP ELEVATOR CORPORATION, COUNCIL ON POSTSECONDARY EDUCATION and COMMUNITY COLLEGE OF RHODE ISLAND LETTERS ROGATORY TO: The Appropriate Judicial Authority in the Commonwealth of Massachusetts. WHEREAS, a certain action is pending before us in which THYSSENKRUP ELEVATOR CORPORATION is a defendant, and LOUANNA COLAFRANCESCO is the plaintiff. It has been suggested to us that there are witness(es) residing within your jurisdiction without which testimony justice cannot be completely done between said parties. WE, THEREFORE, request that, in furtherance of justice, you will, by your proper and usual process, cause the following individual(s)/entity(ies): Keeper of Records of Dr. Mohammed A. Issa of Brigham and Women’s Health Care Center, 850 Boylston Street, Suite 320, Chestnut Hill, MA 02467. to appear before you or some competent person assigned by you for that purpose authorized, at a time and place by you to be fixed or agreed upon by the Deponent(s) and the Parties, to answer questions upon oral deposition, and that you will cause the testimony to be committed to writing, and such books, papers, records, documents or other things which said witness(es) produced to be marked as “Defendant’s Exhibits”, and that you will cause the same to be produced to Mark P. Dolan, Esquire, RICE DOLAN & KERSHAW, 72 Pine Street, Suite 300, Providence, perior Court - Nortotk i PC-2018-6460 ‘iled in Providence/Bristo! County Superior Court iubmitted: 9/14/2023 1:42 PM invelope: 4274090 teviewer: Dianna J. RI 02903, together with these presents, and we shall be ready and willing to do the same for you in a similar case when required. WITNESS the Honorable Justice of said Court this day of 2023. ENTER: BY ORDER: /si Joseph J. McBurney /sf Victoria Reakes-Higgins Associate Justice Deputy Clerk Judge Joseph J. McBurney Clerk September 19, 2023 Dated: Presented by: Js/ Mark P. Dolan Mark P. Dolan (#3280) RICE DOLAN & KERSHAW Attorneys for Defendant ThyssenKrupp Elevator Corporation 72 Pine Street, Suite 300 Providence, RI 02903 (401) 272-8800 telephone (401) 421-7218 fax ndolan@ricedolan.com CERTIFICATE OF SERVICE Thereby certify that on September 14, 2023, I filed and served this document through the electronic filing system to the following parties: Peter J. Comerford, Esquire C. Russell Bengtson, Esquire Coia & Lepore, Ltd. Bengtson & Jestings, LLP 226 South Main Street 40 Westminster Street, Suite 300 Providence, RI 02903 Providence, RI 02903 pcomefo@coialepore.com rbengtson@benjestlaw.com This document electronically filed and/or served is available for viewing and/or downloading from the Rhode Island Judiciary's Electronic Filing System. és Mark P.. Dolan. Iperior Court - Not 0-201 8-6460 iled in Providence/Bristol County Superior Court ubmitted: 9/14/2023 1:42 PM nvelope: 4274090 eviewer: Dianna J. MPD<-bre 18-250 STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE, SC. LOUANNA COLAFRANCESCO VS. C.A. NO.: PC-2018-6460 THYSSENKRUPP ELEVATOR CORPORATION, COUNCIL ON POSTSECONDARY EDUCATION and COMMUNITY COLLEGE OF RHODE ISLAND ORDER ALLOWING DEFENDANT’S MOTION FOR ISSUANCE OF LETTERS OGATORY TO TAKE OUT-OF- TE DEPOSITION This matter came on for hearing before an Honorable Justice of the Providence County Superior Court on September 14, 2023 with respect to defendant’s motion for issuance of Letters Rogatory to take an out-of-state deposition of the following individual(s)/entity(ies): Keeper of Records of Dr. Mohammed A. Issa of Brigham and Women’s Health Care Center, 850 Boylston Street, Suite 320, Chestnut Hill, MA 02467. and to issue and have served by the appropriate authorities a subpoena to the above-named individual(s)/entity(ies). Said deposition is to be held in the deponent’s respective Commonwealth of Massachusetts or at a place mutually convenient to all of the parties. After hearing thereon, it is hercby: ORDERED, ADJUDGED, AND DECREED: That the defendant’s motion is granted. That unless the Court makes further orders regarding such records, the parties shall not use or disclose the Protected Health Information (“PHI”) and medical records for any purpose other than the subject litigation or proceeding. The parties shall destroy the PHI and medical records (including all copies made) at the end of said litigation or proceeding (and final appeals), unless otherwise ordered by the Court or authorized by the patient. Entered as an Order of this Court on the day of. » 2623. 1 ipenior Gourt - Nortolk PC-2018-6460 tied in Providi lence/Bristol County Superior Court ‘ubmitted: 9/14/2023 1:42 PM ‘nvelope: 4274090 teviewer: Dianna J. ENTER: BY ORDER: /s/ Joseph J. McBurney és/ Victoria Reakes-Higgins Associate Justice Deputy Clerk Judge Joseph J. McBurney Clerk September 19, 2023 Dated: Presented by: /s/ Mark P. Dolan Mark P. Dolan (#3280) RICE DOLAN & KERSHAW Attorneys for Defendant ThyssenKrupp Elevator Corporation 72 Pine Street, Suite 300 Providence, RI 02903 (401) 272-8800 telephone (401) 421-7218 fax mdolan@ricedolan.com CERTIFICATE OF SERVICE Lhereby certify that on September 14, 2023, I filed and served this document through the electronic filing system to the following parties: Peter J. Comerford, Esquire C. Russell Bengtson, Esquire Coia & Lepore, Ltd. Bengtson & Jestings, LLP 226 South Main Street 40 Westminster Street, Suite 300 Providence, RI 02903 Providence, RI 02903 pcomefo@coialepore.conm rbengtson@benjestlaw.com This document electronically filed and/or served is available for viewing and/or downloading from the Rhode Island Judiciary's Electronic Filing System. dsl Mark P. Dolan eee ipenior Gourt - Nortolk Exhibit I] Iperior Court - Nortoik icket Number MPDzbre 18-250 COMMONWEALTH OF MASSACHUSETTS SUPERIOR, SC NORFOLK IN RE: Mise. Petition No: Dr. Mohammad Issa of Brigham and t Women’s Health Care Center ' : {LouAnna Colafrancesco v. Thyssenkrupp. ! DEPOSITION SUBPOENA: DUCES TECUM R.LC.P. RULE 30(a) AND RULE 45 TO: Keeper of Records of Dr. Mohammed A. Issa of Brigham and Women’s Health Care Center 850 Boylston Street, Suite 320, Chestnut Hill, MA 02467 DATE & TIME Wednesday, December 27, 2023 at 11:00am GREETINGS. YOU ARE HEREBY COMMANDED in the name of the State of Rhode Island and Providence Plantations in accordance with the provisions of Rule 45 of the Rhode Island Rules of Civil Procedure to appear and testify on behalf of defendant(s) before a Notary Public of the State of Rhode Island and Providence Plantations on Wednesday, December:27, 2023 at 11:00am at the office of RICE DOLAN & KERSHAW, One Boston Place, Suite 2600, Boston, MA 02108 (or some other mutually agreeable location) and to testify as to your knowledge at the taking of the deposition in the above action. Please provide the documents listed on the attached Schedule A. Documents may be sent certified mail, return receipt requested, in a separate sealed envelope with a notarized affidavit (see attached sample) in lieu of a personal appearance by the Keeper of Records. HEREOF fail not as you will answer your default under the pains and penalties in the law that behalf made and provided. B DATED: Qetober 23 7023 Copy via email and electronic filing to: i i _f 2 Peter J. Comerford, Esquire Mark P. Sole Ena (#3280) ~~ peomefo@coialepore. CoM RICE DOLAN & KERSHAW Attorneys for Defendant C. Russell Bengtson, Esquire Thyssenkrupp Elevator Corporation ‘bengtson@benjestlaw.com 72 Pine Street, Suite 300 Providence, RI 02903 Esquire Deposition Solutions (401) 272-8800 Cranstonscheduling@esquiresolutions.com (401) 421-7218 (fax) midolan@ricedolan.com Iperior Court - Nortolk scket Number PROOF/RETURN 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 foregoing information contained in the Proof of Service is true and correct. Executed on: SIGNATURE OF SERVER ADDRESS OF SERVER ipenior Court - Nortolk scket Number “SCHEDULE A” You are hereby requested to bring with you certified copies of the following documents regarding: Name: LouAnna Colafrancesco DOB 10/27/1964. Address 1287 Plainfield Street Johnston, RT 02909 SSN xxx-xx-0270 Copies of all medical records, including, but not limited to, diagnostic tests of treatment notes which reflect treatment rendered to LouAnna Colafrancesco for treatment related to any injury, illness, degenerative disease, or complaint suffered by him/her at any time from the inception as a patient through and up to the present. Copies of all office notes, patient questionnaires/intake forms, notations, charts, treatment notes, reports, correspondence, either yours or received from others, correspondence to or from third parties such as attorneys, insurers or other health care facilities, laboratory test results, x-ray reports, reports of payments and bills and any other document not already described above relating to LouAnna Colafrancesco. iperior Court - Nortolk icket Number RULE 45 - SUBPOENA {c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2)(A) A person commanded to produce and permit inspection and copying of designated books, Papers, documents or tangible things or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance is such time is less than 14 days after service, serve upon the pariy or attorney designated in the subpoena written objection to inspection or copying of any or ail of the designated materials or of the premises. if objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iii) subject a person to undue burden. (B) If subpoena @ requires disclosure of a trade secret or other confidential research, development or commercial information, or (i) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in whose behaif the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified onditions. (a) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. iperior Court - Nortoik ycket Number MPD:bre 18-250 STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE, SC. LOUANNA COLAFRANCESCO vs. CA. NO.: PC-2018-6460 THYSSENKRUPP ELEVATOR CORPORATION, COUNCIL ON POSTSECONDARY EDUCATION and COMMUNITY COLLEGE OF RHODE ISLAND AFFIDAVIT OF RECORDS The copies of records for which this certification is made are true and complete reproductions of the original or microfilmed records which are housed at the office of the Keeper of Records for Dr. Mohammed A. Issa of Brigham and Women’s Health Care Center. The original records were made in the regular course of a regularly conducted business, and it was the regular course of this office to make such records at or near the time of the matter recorded. This certification is also given pursuant to Rhode Island General Laws § 9-19-30 by the custodian of the records in lieu of personal appearance. Such copies are separately enclosed and sealed in a separate envelope or wrapper. pages in the record. Sincerely, Keeper of Records STATE OF RHODE ISLAND COUNTY OF SUBSCRIBED and SWORN TO before me this day of » 2023. NOTARY PUBLIC My Commission Expires: Iperior Court - Nortoik 'okgtNECBPESHED 1900 THE ALDRICH BUILDING 72 PINE STREET, SLIITE 300 RIcE DOLAN & KERSHAW PROVIDENCE, Ri 02903 TELEPHONE: 401-272-8800 Attorneys Ar Law TELECOPIER: 401-421-7218 ONE BOSTON PLACE, SUITE 2600 BOSTON, Ma 02108 TELEPHO! 933-7259 TELECOPIER: 857-239-8801 WWWRICEDOLAN.COM. October 23, 2023 Dr. Mohammed A. Issa of Brigham and Women’s Health Care Center 850 Boylston Street, Suite 320. Chestnut Hill, MA 02467 ATTN: Keeper of Records Re Ralph Ruggiero, Jr. d.o. 3-2-67 No Our File: 15-254 Dear Sir/Madam: WRITTEN CERTIFICATION This letter certifies that the requirements of R.I.G.L. § 5-37.3-6.1 have been complied with as follows: L The individual whose records have been subpoenaed are represented by counsel. 2. Counsel for LouAnna Colafrancesco has been notified of the issuance of the subpoena and deposition date of December 27, 2023. A copy of R.LG.L. § 5-37.3-6.1 was forwarded to LouAnna Colafrancesco’s counsel along with a copy of the subpoena and notice of deposition. Twenty (20) days has passed and to date, the law firm of RICE DOLAN & KERSHAW has not received a Motion to Quash or challenge the attached subpoena and therefore, it is now being served upon you. Should such a motion be received by RICE DOLAN & KERSHAW at any time prior to December 27, 2023 the records deposition will be canceled and only rescheduled under Court Order. | 1 ae eee waarP. Dolan” MPD:bre cc! Counsel of Record Ipenior Court - Nortoik scket Number MPD:bre 18-250 STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE, SC. LOUANNA COLAFRANCESCO VS. C.A.NO.: PC-2018-6460 THYSSENKRUPP ELEVATOR CORPORATION, COUNCIL ON POSTSECONDARY EDUCATION and COMMUNITY COLLEGE OF RHODE ISLAND NOTICE OF INTENTION TO TAKE DEPOSITION DEPONENT: Keeper of Records, DR. MOHAMMED A. ISSA OF BRIGHAM AND WOMEN’S Address: HEALTH CARE CENTER, 850 Boylston Street, Suite 320, Chestnut Hill, MA 02467 DATE and TIME: Wednesday, December 27, 2023 at 11:00 a.m. Please take notice that the defendant will take the testimony on oral examination of the ABOVE-NAMED DEPONENT at the time SET FORTH ABOVE before a Notary Public of the State of Massachusetts and thereafter from day to day as the taking of the deposition may be adjourned at: LOCATION: RICE DOLAN & KERSHAW ONE BOSTON PLACE, SUITE 2600, Boston, MA 02108 (or another location mutually convenient to the parties) at which time and place you are notified to appear and take such part in the examination as you be advised and as shall be fit and proper. 4s/ Mark P. Dolan Mark P. Dolan, Esq. (RI 3280)(BBO 547949) RICE DOLAN & KERSHAW Attorney for the Defendant Thyssenkrupp Elevator Corporation 72 Pine Street, Suite 300 Providence, RI 02903 Phone: (401) 272-8800 Fax: (401) 421-7218 mdolan@ricedolan.com ipenior Court - Nortolk yeket Number CERTIFICATION 1 hereby certify that a copy of the within document has been mailed or electronically served via email to counsel of record, as follows, on October 23. 2023: Peter J. Comerford, Esquire C. Russell Bengtson, Esquire Coia & Lepore, Ltd. Bengtson & Jestings, LLP 226 South Main Street 40 Westminster Street, Suite 300 Providence, RI 02903 Providence, RI 02903 peomefo@coialepore.com rbengtson@benjestlaw.cam ¢s/ Mark P. Dolan Mark P. Dolan, Esquire (BBO 547949)