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WHEREFORE, the defendants respectfully request that this Court issue an Order to
Compel Robert Michalik to attend a deposition at the office of Boyle | Shaughnessy Law PC, 25
Braintree Hill Office Park, Suite 301, Braintree, Massachusetts 02184, or other mutually agreeable
location.
THE DEFENDANTS,
KEITH WESTON AND
INTERSTATE ELECTRICAL SERVICES CORP.,
BY THEIR ATTORNEYS,
DATED: LY 13 Ls g
Email: CBulger@bovl leshaughnessy.com
Boyle | Shaughnessy Law PC
25 Braintree Hill Office Park, Suite 301
Braintree, MA 02184
Phone: (781) 428-4700
Fax: (781) 971-5991
CERTIFICATE OF SERVICE
Pursuant to Mass. R. Civ. P. 5(a) and/or Sup. Ct. R. 9A, I, the undersigned, do hereby certify that a copy of
the foregoing document has A aay via first-class mail postage prepaid on all parties or their representatives in
this action as listed below this day of _ciiy x 520.
Counsel for Plaintiff, Justin Urban
Emest J. Palazzolo, Jr., Esq.
Richard J. Sullivan, Esq.
Sullivan & Sullivan, LLP
83 Walnut Street
Wellesley, MA 02481
Robert Michalik
8 Louis Street
Tyngsborough, MA 01879
Counsel for Defendants, Keith Weston and
Interstate Electrical Services Corp.
(0046766.1) 310.
11.
(30446766.1)
Robert Michalik is a percipient witness and will be able to testify as to his observations
about road conditions, traffic congestion, impact to his vehicle, and sounds he heard or did
not hear at the time of the incident, all of which are critical to a fair and equitable resolution
to the above captioned case. See Robert Michalik’s Answers to interrogatories; Exhibit B.
The defendant’s subpoenaed Robert Michalik for the first time on December 24, 2019 for
a deposition scheduled for January 25, 2019. See December 24, 2018, return of Service;
Exhibit C.
On January 25, 2019, Robert Michalik failed to appear for his deposition and counsel for the
defendant’s went on the record. See deposition transcript of January 25, 2019; Exhibit C.
The defendant’s caused Robert Michalik to be served, in hand, with a Subpoena for a
second time on June 24, 2019 for a deposition scheduled for July 12, 2019. See June 24,
2019, Return of Service Exhibit D.
On July 12, 2109, Robert Michalik again failed to appear for his deposition. See deposition
transcript of July 12, 2019; Exhibit D.
The defendants will be unable to properly defend the case without Robert Michalik’s
testimony and will be unfairly prejudiced should the court fail to compel Robert Michalik
to appear for a deposition prior to the August 21, 2019 trial in this matter.
Moreover, Robert Michalik availed himself of the Lowell District Court in order to pursue
his own claims stemming from this motor vehicle accident, but has since refused to comply
with duly served subpoenas’ in matters pending in the Middlesex Superior Court regarding
the very same accident.
Plaintiff's counsel does not oppose this Motion to compel the deposition of Robert
Michalik.COMMONWEALTH OF SACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT (WOBURN)
C.A. NO.: 1781CV00814
JUSTIN URBAN )
Plaintiff ) in Tae GREE OF THE
) ° FOR $F My Se mba ESEX
v. )
) AUG 0 6 2019
KEITH WESTON AND )
INTERSTATE ELECTRICAL ) 4 Ques
SERVICES CORP. ) HE
Defendants )
DEFENDANT INTERSTATE ELECTRICAL SERVICES CORP.’S
MOTION TO COMPEL THE DEPOSITION OF ROBERT MICHALIK
NOW COME the Defendants, Keith Weston and Interstate Electrical Services Corp., and
hereby request that this Honorable Court issue an Order to compel Robert Michalik to appear for
a deposition prior to the trial in the above captioned matter that is presently scheduled for August
21, 2019, as reasons therefore the Defendants state that the testimony of Robert Michalik is critical
to the underlying litigation and the defendants have subpoenaed Mr. Michalik on two separate
occasion to appear for his deposition See Exhibits C and D. In further support of the Motion, the
defendants state as follows:
1. The plaintiff filed suit in this matter on March 16, 2017. The case arises out of a motor vehicle
accident that occurred on September 12, 2014, in which the plaintiff claims he was struck by
the defendant, Keith Weston’s van as he entered an intersection on his motorcycle.
2. After the initial impact, the plaintiff's motorcycle struck Robert Michalik’s motor vehicle
causing injuries to Mr. Michalik.
3. Mr. Michalik filed a Complaint against Mr. Urban in Lowell Division of the District Court
Department as result of the injuries he sustained in the accident. See District Court docket;
Exhibit A).
(B0446766.1} 1
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Preview
WHEREFORE, the defendants respectfully request that this Court issue an Order to Compel Robert Michalik to attend a deposition at the office of Boyle | Shaughnessy Law PC, 25 Braintree Hill Office Park, Suite 301, Braintree, Massachusetts 02184, or other mutually agreeable location. THE DEFENDANTS, KEITH WESTON AND INTERSTATE ELECTRICAL SERVICES CORP., BY THEIR ATTORNEYS, DATED: LY 13 Ls g Email: CBulger@bovl leshaughnessy.com Boyle | Shaughnessy Law PC 25 Braintree Hill Office Park, Suite 301 Braintree, MA 02184 Phone: (781) 428-4700 Fax: (781) 971-5991 CERTIFICATE OF SERVICE Pursuant to Mass. R. Civ. P. 5(a) and/or Sup. Ct. R. 9A, I, the undersigned, do hereby certify that a copy of the foregoing document has A aay via first-class mail postage prepaid on all parties or their representatives in this action as listed below this day of _ciiy x 520. Counsel for Plaintiff, Justin Urban Emest J. Palazzolo, Jr., Esq. Richard J. Sullivan, Esq. Sullivan & Sullivan, LLP 83 Walnut Street Wellesley, MA 02481 Robert Michalik 8 Louis Street Tyngsborough, MA 01879 Counsel for Defendants, Keith Weston and Interstate Electrical Services Corp. (0046766.1) 310. 11. (30446766.1) Robert Michalik is a percipient witness and will be able to testify as to his observations about road conditions, traffic congestion, impact to his vehicle, and sounds he heard or did not hear at the time of the incident, all of which are critical to a fair and equitable resolution to the above captioned case. See Robert Michalik’s Answers to interrogatories; Exhibit B. The defendant’s subpoenaed Robert Michalik for the first time on December 24, 2019 for a deposition scheduled for January 25, 2019. See December 24, 2018, return of Service; Exhibit C. On January 25, 2019, Robert Michalik failed to appear for his deposition and counsel for the defendant’s went on the record. See deposition transcript of January 25, 2019; Exhibit C. The defendant’s caused Robert Michalik to be served, in hand, with a Subpoena for a second time on June 24, 2019 for a deposition scheduled for July 12, 2019. See June 24, 2019, Return of Service Exhibit D. On July 12, 2109, Robert Michalik again failed to appear for his deposition. See deposition transcript of July 12, 2019; Exhibit D. The defendants will be unable to properly defend the case without Robert Michalik’s testimony and will be unfairly prejudiced should the court fail to compel Robert Michalik to appear for a deposition prior to the August 21, 2019 trial in this matter. Moreover, Robert Michalik availed himself of the Lowell District Court in order to pursue his own claims stemming from this motor vehicle accident, but has since refused to comply with duly served subpoenas’ in matters pending in the Middlesex Superior Court regarding the very same accident. Plaintiff's counsel does not oppose this Motion to compel the deposition of Robert Michalik.COMMONWEALTH OF SACHUSETTS MIDDLESEX, ss. SUPERIOR COURT (WOBURN) C.A. NO.: 1781CV00814 JUSTIN URBAN ) Plaintiff ) in Tae GREE OF THE ) ° FOR $F My Se mba ESEX v. ) ) AUG 0 6 2019 KEITH WESTON AND ) INTERSTATE ELECTRICAL ) 4 Ques SERVICES CORP. ) HE Defendants ) DEFENDANT INTERSTATE ELECTRICAL SERVICES CORP.’S MOTION TO COMPEL THE DEPOSITION OF ROBERT MICHALIK NOW COME the Defendants, Keith Weston and Interstate Electrical Services Corp., and hereby request that this Honorable Court issue an Order to compel Robert Michalik to appear for a deposition prior to the trial in the above captioned matter that is presently scheduled for August 21, 2019, as reasons therefore the Defendants state that the testimony of Robert Michalik is critical to the underlying litigation and the defendants have subpoenaed Mr. Michalik on two separate occasion to appear for his deposition See Exhibits C and D. In further support of the Motion, the defendants state as follows: 1. The plaintiff filed suit in this matter on March 16, 2017. The case arises out of a motor vehicle accident that occurred on September 12, 2014, in which the plaintiff claims he was struck by the defendant, Keith Weston’s van as he entered an intersection on his motorcycle. 2. After the initial impact, the plaintiff's motorcycle struck Robert Michalik’s motor vehicle causing injuries to Mr. Michalik. 3. Mr. Michalik filed a Complaint against Mr. Urban in Lowell Division of the District Court Department as result of the injuries he sustained in the accident. See District Court docket; Exhibit A). (B0446766.1} 1 C2