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SUPERIOR COURT OF CALIFORNIA COlINTY OF LOS ANGELES

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HOWARD WEITZMAN (SBN 38723) hweitzman@kwikalaw.com PATRICIA A. MILLETT (SBN 150756) 3 pmilleU@kwikalaw.com 808 Wilshire Boulevard, 3rd Floor 4 Santa Monica, California 90401 Telephone: 310.566.9800 5 Facsimile: 310.566.9850 2 6 7 8 9 10 SUPERIOR

1 KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

FILED

AUG 052011
John

BY

Attorneys for Third Party THE EST ATE OF MICHAEL JACKSON COURT OF THE STATE OF CALIFORNIA DISTRICT

COUNTY OF LOS ANGELES, CENTRAL

CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON SUBSCRIBING TO 12 CONTINGENCY NON-APPEARANCE AND CANCELLATION POLICY NO. 13 B0638C091985,
11

Case No. BC462973 [Case Assigned to Judge Malcolm MackeyDept. 55) THIRD PARTY THE ESTATE OF MICHAEL JACKSON'S NOTICE OF MOTION AND MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS, OR IN THE ALTERNATIVE FOR A PROTECTIVE ORDER; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF PATRICIA A. MILLETT IN SUPPORT THEREOF Date: Time: Dept: September 16, 2011 8:30 a.m. 55

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Plaintiffs, vs. AEG LIVE LLC; THE MICHAEL JACKSON COMPANY LLC and DOES 1-75, inclusive, Defendants.

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THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

1 TO ALL PARTIES AND THEIR ATTORNEYS 2

OF RECORD:

PLEASE TAKE NOTICE that on September 16,2011, at 8:30 a.rn., or as soon as the

3 matter may be heard in Department 55 of the above-entitled Court, located at 111 North Hill 4 5 6 7 8
~ ~ ~

Street, Los Angeles, California, Third Party the Estate of Michael Jackson ("the Estate") will move, and hereby does move for an order quashing the deposition subpoenas for production of business records served by Plaintiffs Certain Underwriters At Lloyd's Of London Subscribing To Contingency Non-Appearance And Cancellation Policy No. B0638C091985 on: 1. 2. 3. 4. 5. 6. 7. The Custodian of Records for Dr. Edward Kantor; The Custodian of Records for Dr. Arnold Klein; The Custodian of Records for Cherilyn Lee; The Custodian of Records for Dr. Allan Metzgar; The Custodian of Records for Nutrimed Health; The Custodian of Records ofG & J Gross, Inc., dba Mickey Fine Pharmacy; and The Custodian of Records of Westcliff Laboratories.

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This motion is made pursuant to Code of Civil Procedure section 1987.1 (a) on the grounds

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16 that (1) the documents sought by the subpoenas are protected by the physician-patient privilege 17 and fundamental privacy rights; and (2) the subpoenas are grossly overbroad and seek documents 18 19 20 21 22 which are irrelevant to the claims asserted by Plaintiffs in this action. This motion is based upon this Notice; the attached Memorandum of Points and Authorities and Declaration of Patricia A. Millett; all of the pleadings and records on file in this action; and on such other and further oral and documentary evidence as may be presented at or before the hearing of this matter.

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10386. 000 17177299.1

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THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

1 DATED: August 4,2010

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KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

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Howard Weitzman Patricia A. Millett Attorneys for the Estate of Michael Jackson

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10386.00017n7299.1

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THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

1
2

MEMORANDUM

OF POINTS AND AUTHORITIES

3 4

I.

INTRODUCTION By this motion, third party The Estate of Michael Jackson (,The Estate") seeks an order

5 quashing seven extremely broad subpoenas served by Plaintiffs Certain Underwriters At Lloyd's 6 7 Of London Subscribing To Contingency Non-Appearance And Cancellation Policy No. B0638C091985 seeking confidential medical records and information pertaining to the late

8 Michael Jackson. In the alternative, The Estate seeks a protective order preventing disclosure of
9 10 11
12

confidential medical information protected by the physician-patient privilege. As explained below, the subpoenas should be quashed and/or a protective order should issue because: (1) The Estate holds the physician-client privilege in the wake of Mr. Jackson's death and has not waived it; and (2) the subpoenas seek confidential information that is irrelevant

13 to the claims asserted by Plaintiffs.

14 II. 15
16

FACTUAL BACKGROUND This is an action for declaratory relief wherein Plaintiffs seek to avoid their obligation to

pay $17.5 million in benefits owing under a cancellation insurance policy issued to AEG Live,

17 LLC (d/b/a Concerts West) and The Michael Jackson Company, LLC with respect to a series of 18 Michael- Jackson concerts planned to take place at London's 02 Arena beginning in the summer of 19 2009. 20
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On or about July 12,2011, Plaintiffs issued seven deposition subpoenas for the production of business records directed to:
1.

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The Custodian of Records for Dr. Edward Kantor; The Custodian of Records for Dr. Arnold Klein; The Custodian of Records for Cherilyn Lee; The Custodian of Records for Dr. Allan Metzgar; The Custodian of Records for Nutrimed Health; The Custodian of Records ofG & J Gross, Inc., dba Mickey Fine Pharmacy (the

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THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

1 2 3 4 5 6 7

7.

The Custodian of Records of Westcliff Laboratories.

(collectively, the "Subpoenas"). The Subpoenas issued to Doctors Kantor, Klein and Metzgar and to Cherilyn Lee (a registered nurse and health professional) and her affiliated company Nutrimed seek the same thirteen extremely broad categories of documents covering a 7 1;2 year period from January 1, 2004 to the present, including specifically: • "Documents referring or relating to Michael Joseph Jackson" [Category I]; • "Communications referring or relating to Michael Joseph Jackson" [Category 2]: • "Documents referring or relating to examinations for Michael Joseph Jackson medical [Category 4];

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9 10 11 12

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• "Documents referring or relating to medical treatment and/or care of Michael Joseph Jackson ... including but not limited to: Investigation report(s); Admission and Discharge Summaries; Emergency Room medical records; Emergency Room billing records; Physicians' and Nurses' notes; Pharmacy and Medication records; Prescription and re-fill records; Laboratory results; Inpatient medical charts and records; Outpatient medical charts and records; Inpatient billing records and Outpatient billing records" [Category 5]; and • "Documents regarding or referring to any tissue samples/specimens of Michael Joseph Jackson ... rr [Category 9]

18 See Exhibits A - E to the Declaration of Patricia A. Millett (the "Millett Decl. ") appended hereto.

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20 21 22 23 24 25 26 27 28

The supoena issued to the Pharmacy contains only seven categories, but still broadly seeks all "[D]ocuments referring or relating to Michael Joseph Jackson" [Category 1] and all
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[d]ocuments referring or relating to medical treatment and/or care of Michael Joseph Jackson ...

including but not limited to: Pharmacy and Medication records; Prescription and re-fill records; Prescription and re-fill billing records
II

[Category 5]. See Exhibit F to the Millett Decl.

The subpoena issued to Westcliff Medical Laboratories includes the five broad categories listed in the bullet points above, along with most of the other categories included in the subpeonas to the doctors plus three more (for a total of 16 categories). See Exhibit G to the Millett Dec!. Plaintiffs did not serve any consumer notices prior to issuing any of the seven subpoenas. Millett Decl., ~ 3.
10386.00017177299.1

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THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

1 2 3 4 5 6

On August 1, 2011, The Estate sent a letter to counsel for Plaintiffs objecting to the Subpoenas and asking Plaintiffs to voluntarily withdraw them. Millett Decl., ~ 4 and Exhibit H thereto. The Estate and The Michael Jackson Company, LLC also served written objections to the Subpoenas. As of the date of this filing, Plaintiffs had not withdrawn the Subpoenas, or otherwise responded to The Estate's letter. Millett Decl., ~ 5.

7 III.
8 9

THE COURT SHOULD ISSUE AN ORDER QUASHING THE SUBPOENAS
"[T]he court, upon motion reasonably made by any person ... may make an order

quashing [a] subpoena entirely, modifying it, or directing compliance with it upon those terms or

10 conditions as the court shall declare, including protective orders. In addition, the court may make 11 any other order as may be appropriate to protect the person from unreasonable or oppressive 12 13 14 demands, including unreasonable violations of the right of privacy of the person." Code ofCiv. Proc. § 1987.1 (a). As explained below, such orders should issue in this case.

A.

The Documents Sought by the Subpoenas Are Protected by the PhysicianPatient Privilege

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California's physician-patient privilege absolutely bars the production of all (l)

17 confidential (2) communications (3) between a patient and his or her physician (or other medical 18 provider). See Evidence Code § 990 et seq.; see also Wegner, Fairbank, Epstein & Chernow, Cal. 19 Prac. Guide: Civil Trials and Evidence (The Rutter Group 2010) § 8:2100. With regard to the 20 21 22 23 24 25 26 27 first requirement, the "communication is presumed to have been made in confidence and the opponent of the claim of privilege has the burden of proof to establish that the communication was not confidential." Evidence Code § 917 (emphasis added). With regard to the second requirement,

the privilege includes all "information obtained by an examination of the patient" (including, for instance, lab tests, x-ray results, and photographs) and all "diagnosis{es] made and the advice given by the physician in the course ofth[e] relationship." Evidence Code § 992; Cal. Prac.

Guide: Civil Trials and Evidence § 8:2115. See also Binder v. Sup. Ct., 196 Cal.App.3d 893, 897 (1987) (photographs protected from disclosure). California courts have a long history of liberally

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THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

1 construing this privilege in favor of nondisclosure. 2 Ass 'n, 5 Cal.App.2d 380 (1935). 3 4 5 6 7 8 9 10

See, e.g., Kramer v. Policy Holders' Life Ins.

The documents sought by the Subpoenas - which are directed to medical professionals, a pharmacy and a medical lab +are clearly protected by the physician-patient privilege. Indeed, the Subpoenas expressly seek documents "referring or relating to medical treatment and/or care of Michael Joseph Jackson (Category 5) and documents "referring or relating to medical examinations for Michael Joseph Jackson" (Category 4). It is undisputable that such documents are covered by the physician-patient privilege 1 and fundamental privacy rights. Hooser v. Super. Ct., 84 Cal. App. 4th 997, 1003-04 (2000) (liThe right of privacy is an "inalienable right" secured by article I, section 1 of the California Constitution. It protects against the unwarranted,

11 compelled disclosure of various private or sensitive information regarding one's personal life,

12 including his or her ... medical history ... ") See also Cal. Prac. Guide: Civil Proc. Before Trial
13 14

§ 8:305 ("The constitutional right of privacy applies to a party's medical records.") The
Subpoenas should therefore be quashed in their entirety.'

15 16
The physician-patient privilege remains in full effect despite Mr. Jackson's death. Under Evidence Code § 993(c), the Estate is the authorized holder of the privilege and is entitled to assert 17 it. See Evidence Code § 993(c) (defining "holder" of the privilege as "[t]he personal representative of the patient when the patient is dead"). See also Hale v. Sup. Ct., 28 Ca1.App.4th 18 1421,1423 (1994) (decedent's estate was holder of the privilege); Rittenhouse v. Sup. Ct., 235 Cal.App.3d 1584, 1588 (1991) (same).
2

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The Estate anticipates that Plaintiffs will argue that the attorney-client privilege has been waived because Mr. Jackson's health is at issue in this litigation. The Estate, however, did not commence this lawsuit and cannot be deemed to have placed Mr. Jackson's medical condition at issue, and the exception to the privilege which may have applied had the Estate done so is irrelevant. See R. Weil and I. Brown, Cal. Prac. Guide: Civil Proc. Before Trial (The Rutter Group 2010) § 8:2144 (liThe § 996 exception applies only if the patient tenders the issue of his or her medical condition.") Moreover, even if Plaintiffs were entitled to take discovery of certain limited medical information (which the Estate does not concede), it has no right to conduct the scorched earth invasion of Mr. Jackson's privacy requested by the Subpoenas. California law is clear that a patient who tenders the issue of his or her health in litigation does so only as to information which relates to the claimed injury. E.g., Hallendorf v. Superior Court (Pjlibsen), 85 Cal.App.3d 553 (1978) (section 996 waiver "extends only to information relating to the medical conditions in question, and does not automatically open all of a plaintiffs past medical history to scrutiny"). See also Slagle v. Superior Court (Maryon), 211 Cal.App.3d 1309,1313 (1989). Accordingly, the Estate is entitled, at a minimum, to a protective order limiting the scope of the SUbpoenas.

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THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

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1 2 3 4

B.

The Document Demands In The Subpoenas Are Grossly Overbroad

A fundamental requirement of all discovery requests is that they must be "relevant to the subject matter involved in the pending action or to the determination of any motion made in that action." Code of Civ. Proc. § 2017.010; see also California Prac. Guide: Civil Procedure Before Trial § 8:66 ("The first and most basic limitation on the scope of discovery is that the information sought must be relevant to the' subject matter' of the action or to the determination of a pending

5
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7 motion within the meaning ofCCP § 2017.010."). 8 9 10 11 12 13 14 In deciding whether a matter is subject to discovery because it is relevant to the subject matter of the pending action, there is no precise or universal test of relevancy furnished by the law. Relevancy to subject matter must be determined in each case according to the teachings of reason and judicial experience. . .. [Ijf the information sought to be elicited relates to matters of little or no practical benefit to the party seeking disclosure, a timely objection on the grounds that the question asked is not relevant to the subject matter in the pending action and not reasonably calculated to lead to admissible evidence should be sustained by a trial judge. Covell v. Super. Ct., 159 Cal. App. 3d 39, 42-43 (1984) (denying discovery related to "frame of mind" where respondent's motive was not relevant to any claim or defense); see also Snell v. Super. Ct., 158 Cal. App. 3d 44,50 (1984) (denying discovery requests that were "tenuously" connected to the subject matter of the case). Here, the Subpoenas broadly - and literally - seek every piece of paper in the possession of the witnesses from a 7 ~ year period. Under no circumstances can such broad requests be deemed reasonably calculated to lead to the discovery of admissible evidence. As is clear from Plaintiffs' complaint, this is an action for declaratory relief regarding Plaintiffs' rights and obligations under an insurance policy. While Plaintiffs are entitled to take discovery of certain relevant matters relating to the issuance of the policy and the claim for benefits thereunder, the Subpoenas go far beyond what is allowable or appropriate and the Subpoenas should therefore be quashed.

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THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

1 IV. 2
3 4

CONCLUSION For all the foregoing reasons, the Estate respectfully requests that the Court quash the

Subpoenas in their entirety, or, in the alternative; issue a protective order limiting the scope of the Subpoenas to protect the unauthorized disclosure of Mr. Jackson's confidential medical

5 information. 6 7 DA TED: August 4, 2011 8 9 10
11 12 KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

By: Howard Weitzman Patricia A. Millett Attorneys for the Estate of Michael Jackson

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THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.

DECLARATION

OF PATRICIA

A. MILLETT

I am an attorney at law duly licensed to practice in the state of California and I am a

partner with Kinsella Weitzman Iser Kump & Aldisert LLP, counsel for the Estate of Michael Jackson. The facts set forth in this declaration are personally known to me and I have first-hand knowledge thereof, except where stated upon information and belief. If called as a witness, I could and would testify competently to the facts set forth herein under oath. 2. On or about July 12, 2011, Plaintiffs issued seven deposition subpoenas for the

production of business records directed to (i)the Custodian of Records for Dr. Edward Kantor; (ii) the Custodian of Records for Dr. Arnold Klein; (iii) the Custodian of Records for Cherilyn Lee; (iv) the Custodian of Records for Dr. Allan Metzgar; (v) the Custodian of Records for Nutrimed Health; (vi) the Custodian of Records ofG & J Gross, Inc., dba Mickey Fine Pharmacy; and (vii) the Custodian of Records of West cliff Laboratories (collectively, the "Subpoenas"). True and

correct copies of the Subpoenas are attached hereto as Exhibits A through G, respectively. 3. On August 1, 2011, I sent a letter to Paul Schrieffer, counsel for Plaintiffs, A true and correct

15 objecting to the Subpoenas and asking Plaintiffs to voluntarily withdraw them.

16 copy of my August 1 letter is attached hereto as Exhibit H. On the same day, I caused The Estate 17 and The Michael Jackson Company, LLC's written objections to the Subpoenas to be served on 18 19 20 21 22 23 Plaintiffs. Copies of my letter and the objections were also sent to the witnesses (or their counsel) and the deposition officer. 4. To date, Plaintiffs have not withdrawn the Subpoenas, or otherwise responded to .

my August 1 letter.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed August 4, 2011, at Santa Monica, California.

24

25 26
27 Patricia A. Millett

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10386.00017177299 .1

THIRD PARTY THE ESTATE'S MOTION TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS

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ATTORNEY OR P~TY

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Certain Underwriters at Lloyd's of London, Plaintiff COUNTY OF LOS ANGELES STREET ADDRESS: 111 N. Hill Street MAILINGAODRESS: Same CITY AND ZIP COOE: Los Angeles, CA 90012 BRANCH NAME: Central District Certain Underwriters at Lloyd's of London PLAINTIFFIPETITIONER: DEFENDANTIRESPONDENT: ABG Live LLC, et aI.
SUPERIOR COURT OF CALIFORNIA,

DEPOSITiON SUBPOENA FOR PROOUCTION OF BUSINESS,RECORDS
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CASE NUMBER:

BC462973

THE PEOPLE OF,THE STATE'6~ 1. YOU'ARE ORDERED TO

Custodian of Records for Dr. Edward Kai1.tor-435 N. Bedford Drive, Beverly Hills, CA 90210

CAUFORNiA;TO

(name; address, andte/ephoiJe number of deponent, i(knowri): Itern

PRobuc'E tHE

BU$j'NESS,RetdRDSde'scribed',n

3, as' foilows:

To (name
On (date):

of deposition officer):

Location (address): a:

August 8, 2011 At (time): 10:00 AM 215 S.Lemon Creek Drive, Walnut, CA 91789 909/594-5995 ext 293

Ronsin Photocopy, Inc.

Do not release the requested records to the deposition officer prior to the date and time stated above. by delivering a true, legible; aM durable copy of ihebuslness records cieserib'ed iii ifem 3, enclosed in '8' sealed inner wrapper with the title and number of the action, name 01 witness, a hd date of subpoena clearly, Written on it. The inner wrapper shall then be enclosed in an outer envelope or Wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. 0 by delivering a true, legible, arid durable copy of the business records dElscribed in item 3 to the deposition offiCer at tlie witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined LJnderEvidence Code section 1563(b). ' c. by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item 1 (but not sodner than 20 days aller the issiJance of the deposition. subpoena, or 15 days atter service, whichever date is later). Reasonable costs of locating records, making them available or copying them, and postage, if any, recoverable as set foith in Evidence COde section 1563(b); The records shall be accompanied by an affidavit of the custodian ot other qualified witness pursuant to E=vidence Code' sect/on 1561.

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3. ilie records to be produced are described as follows:

See attachment #3.

[XJ Continued on Attachment 3.
4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CO MER OR E PLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RES
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July 12,2011 Reid L. Denham, Esq.
(1YPE OR PRINT NAME)

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Attorney for Plaintiff
(Proof of service on reverse)
Form Adopted for Mandatory UI" Judicial Counc~ 01'Caldomia SUBP~10IRev. July 1, 20,m, (llT1.E) Pog& 101'2

DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

Cod" of Civ~ Procedure, §§ 2020.41()-2020.440; Government Code, §'68097,1 www.courlinfo.CII ...ov

EXHIBIT A

LexisNexIS® Automated California Judicial Council Forms

SUBP.o10
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PLAINTIFF/PETITIONER:

Certain Underwriters at Lloyd's of London ABO Live LLC, et ~.
PROOF OF SERVICE OF DEPOSITION SUBPOENA . PRODUCTION OF BUSINESS RECORDS

CASE NUMBER:

DEFENDANTIR.ESPONDENT:

BC462973
FOR

1. I served this Deposltfon Subpoena for Production of Business Records by personally delivering as follows: a. Person served (name): b. Address where served:

a copy to the person served

c. Date of delivery:
d. Time of delivery: e. (1) (2)

D Witness
D

fees were paid. Amount: , Copying fees were paid. Amount:

$ $ $

f. Fee for service:

2. I received this subpoena for service on (dElta): . 3. Person serving; a. 0 Not a registered California process server. b. 0 California sheriff or marshal. c. Registered California process server. d. D·· Employee or independent contractor of a registered California process server. e. D .Exempt from registration under Business and Professions Code section 22350{b). f. DReglstered professional photocopier, g. D Exempt from registration under Business and Professions Code section 22451. h. Name, address, telephone number, and, if applicable, county of registration and number:

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I declare under penalty of perjury under the raws of the State of California that the foregoing is true and correct.

(For California sheriff or marshal use only) Icertify that the foregoing is true and correct. Date:

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Date:

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SUBP-010 fRev. July 1. 20101

(SIGNATURE)

~--------~---------------(SIGNATURE)

. PROOF OF SERVICE OF DI!POSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS
LexisNexlS® Automated

Page 2 of2

California Judicial Council Forms

A'ITACH1\fENT3

DEFINITIONS: 1. The terms t1DOCUMENT,""DOCUMENTS," "WRITING," or I1WRITINGS"mean a writing or writings as defined by California Evidence Code Section 250, and shall include, without limitation, the original (and absent the original, then a copy thereof), all file copies and copies not identical to the original of any writing or record of every type, form, and description that is in the possession, custody, or control of the responding party, or which no longer is in the responding party's possession but of which the responding party still has knowledge, whether or not those writings or records are claimed to be privileged or otherwise immune from discovery, including, by way of illustration and not limitation, the following items: notes, correspondence, communications of any nature (including intra-company communications and correspondence), electronic mail messages, telegrams, cables, memoranda (including internal memoranda), notebooks of any nature, including laboratory and engineering reports; summaries, minutes and records of telephone conversations, personal conversations or interviews; diaries, routing slips or memoranda, reports (including tests and analysis reports), -books, manuals, publications, invoices, specifications, shipping papers, purchase orders, shop instrument output, plans, patterns, drawings, flow charts, schematics, diagrams, photographs of any nature, artists' drawings, sketches, blueprints, minutes or recordings of meetings and conferences, including lists of persons attending meetings or conferences; transcripts of oral testimony or statements; reports and/or summaries of interviews; reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; forecasts; reports of patent searches; patent opinions, analyses or appraisals; agreements and contracts (including all modifications or revisions thereof); reports and/or summaries of negotiations; court papers, labels, tags, placards, fliers, counter cards, brochures, pamphlets, advertisements, advertising layouts, circulars, trade letters, press releases, and translations; presentations, including boards, transparencies, storybooks and/or scripts; drafts of original or preliminary notes on, and marginal comments appearing on, any DOCUMENTS; whether those writings or records are on paper, magnetic disk, tape or other computer or digital storage medium, microfilm, microfiche, floppy, or any other storage or recording medium. .
-,

2. The terms "YOU" and "YOUR" shall mean Dr. Edward Kantor, including any of your affiliates, and any and all of your employees, partners, principals, members, directors, officers, employees, agents, representatives, accountants, financial advisors, investigators, consultants, attorneys, and any other person or entity acting on YOUR behalf. 3. "REFERl1or "RELATE," or any variant' thereof, including, but not limited to, the terms "REFERRING TO" and "RELATING TO," means in whole or in part evidencing, mentioning, constituting, containing, summarizing, describing, concerning, supporting, contradicting, addressing in any way, or otherwise dealing with the subject matter of the item listed below in which the term "REFERItor "RELATE" appears.

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4. The term "CO:MMUNICATION(S)" shall be construed in the broadest possible sense and shall include, but not be limited to, any transmittal ANDIOR receipt of information, whether by chance, prearranged, formal, or informal, specifically includes conversations in person,

and

1

telephone conversations, letters or memoranda, electronic mail, formal statements, press releases, AND newspaper articles. 5. The term IICORRESPONDENCE" means any exchange of COMMUNICATIONS, including without limitation memoranda, letters, electronic mail, messages sent or received from a wireless device, or other DOCUMENTS among individuals AND entities. 6. The terms IIANOII and nOR" shall be construed disjunctively or conjunctively so as to bring within the scope of each item listed below all documents and things that might otherwise be construed to be outside its scope. . 7. The singular shall include the plural, and vice versa, so as to make these requests broadly inclusive. 8. Each item listed below shall be construed independently and shall not be limited to reference to any other item. 9. If any document demanded herein is withheld pursuant to any objection based upon privilege, identify each document for which the privilege is claimed and state: a. The type of document (letter, report, memoranda, etc.), including any title or identifying' number thereon; b. Its date of origin or preparation; c. The name of its author or originator; d. The name of its addressees, if any; e. A brief summary of its substance; and f. A factual and legal basis upon which a privilege is claimed sufficient to permit the Court to adjudicate the validity of the claim. 10. If any document demanded to be produced herein was in your possession, custody, or control, but has since been disposed of, lost, discarded, destroyed, or otherwise has become unavailable within four years of the date of this set of demands, please identify which documents were destroyed and state further the identity of the person who ordered them destroyed and the reason for their destruction. 11. Unless otherwise specified, each demanded item shall be produced in the form in which it is ordinarily maintained, preserving searchability, fielded metadata, and any files sent as e-mail attachments.

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if

2

ITEMS TO BE PRODUCED You are hereby required to produce all of the following documents that are now or were formerly in your possession, custody, or control (including documents at any time in the possession, custody, or control of your agents, attorneys, accountants, consultants, and all other persons and entities representing you or acting on your behalf) for the period January 1.2004 to the present: 1. Documents referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 2. Communications referring or relating to Michael Joseph Jackson [Date of Birth 08129/1958] 3. E-mails referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 4. Documents referring or relating .to insurance, insurance applications, medical examinations for Michael Joseph Jackson [Date of Birth 08/29/1958] 5. Documents referring or relating to medical treatment and/or care of Michael Joseph Jackson [Date of Birth 08/29/1958], including but not limited to: Investigation report(s); Admission and Discharge Summaries; Emergency Room medical records; Emergency Room billing records; Physicians' and Nurses' notes; Pharmacy and Medication records; Prescription and re-fill records; Laboratory results; Inpatient medical charts and records; Outpatient medical charts and records; Inpatient billing records and Outpatient billing records 6. Documents pertaining to the chain of custody for all specimens, samples, evidence, etc., regardingMichael Joseph Jackson, [Date of Birth 08/29/1958]; 7. Documents regarding or referring to any toxicology analysis performed regarding Michael Joseph Jackson, [Date of Birth 08/29/1958]; 8. Documents regarding or referring to any tissue samples/specimens of Michael Joseph Jackson, [Date of Birth 08/29/1958]; 9. Documents regarding or referring to any physical evidence obtained regarding Michael Joseph Jackson, [Date of Birth 08/29/1958]; 10. Any and all photographs (including videotapes, still images, digital photographs and video) regarding or referring to Michael Joseph Jackson [Date of Birth 08/29/1958];

~I .,
I~"

11. Documents relied upon by YOU pertaining to Michael Joseph Jackson [Date of Birth 08/29/1958]; 12. Documents regarding or referring to any communications (either oral or written) between YOU and anyone, pertaining to Michael Joseph Jackson, [Date of Birth 08/29/1958]; and
3

~! I:::

13. Any and all other "Writings", as defined by California Evidence Code § 250, that reflect or refer to the Michael Joseph Jackson, Date of Birth 08/2911958. California Evidence Code § 250 reads: "'Writing' means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored."

4


PROOF OF SERVICE
2
3
4

Assigned for all purposes to Hon. Malcolm H. Mackey, Dept. 55 Los Angeles Superior Court, Central District, III No. Hill St., Los Angeles, CA 90012; Phone# (213) 974·5683
Certain Underwriters v. AEG Live LLC. et al.. Case No.: B(:462973

5
6 7 8 9 10 11 12

I am employed in the county of Los Angeles, State of California. I am over the age of eightee years and not a party to the within entitled action; my business address is 100 N. Barranca Avenue, Suit 1100, West Covina, California 91791.On July 12,2011 I served the foregoing document(s) described as Deposition Subpoena for Production of Business Records placing the true copies thereof enclosed in sealed envelopes addressed as follows: Howard Weitzman Patricia A. Millett Kinsella Weitzman Iser Kump & Aldisert LLP 808 Wilshire Blvd., 3rdFloor Santa Monica, CA 90401 Tel: (310) 566·9800 Fax: (310) 565-9850 Attorneys for Defendants, AEG Live LLC and The Michael Jackson Company LLC

13 14
IS

( ) BY MAIL:

I am "readily familiar" with the finn's practice of collection and processing correspondence and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at West Covina, California in the ordinary course of business.

(XX)

16 17 18 19
20

BY PERSONAL SERVICE: I caused said envelope(s) to be delivered by hand to the office(s) . of the addresseeis) noted above. BY FEDERAL EXPRESS: the addresses) noted above. BY FACSIMILE: I caused said envelope(s) to be sent by Federal Express to

() () ()

I caused said docutnent(s) to be transmitted by facsimile during

21 22 23 24 25

BY ELECTRONIC EMAIL: Based on a court or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the email addresses listed in the service list below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful during normal business hours of 8:00 a.m, to 5:00 p.m. to the addressee(s) noted above. Executed on July 12, 20n, at West Covina, California.

(XX)

STATE I declare under penalty of perjury under the laws of the State of Cali fomi a that the foregoing is true and correct.

;~l 27 -. :~~
'\t~

26

II" I~~

28

SUBP-010

Paul K. Schrieffer, Esq. (Bat 151358) ~.K.. SCHRIEFFERLLP . l.o0,N.·B<i.Jtanca Avenue, Suite 1100 WestCovina, CA 91491
. TElEPHONE NO.:

ATTORNEY OR PARTY WITHOUT ATTORNEY (Na"!} Stala Bar number. and-address): ff

FOR COIJRT IJSE ONL Y

(626) 373-2444

FAX NO. (OpJiona'):
.... _~_. _ .. _.'. _. _ ..... _.- - - ....

ORIGINAL

E-MAIL ADDRESS (OptiGnaJ): An'ORNEYFOA.(Name~

Certain Underwriters at Lloydis of London, Plamtiff ----I COUNTY OF LOS ANGELES STREET ADDRESS: III N. Hill Street MAILING ADDRESS: Same CITY AND ZIP COOE: Los AIigeles, CA 90012 BRANCH NAME: Central District PLAINTIFFIPETltIONER: Certain Underwriters at Lloyd's of London DEFENDANT/RESPONDENT: AEG Live LLC, et al.
SUPERIOR COURT OF CALIFORNIA,

DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

CASE NUMBER:

BC462973

THE PEOPLE OF THE STATE OF CALIFORNIA; TO (name, addresS, and telephone number of deponent, If known): Custodian of Records for Dr. Arnold Klein-435 N. Roxbury Dr., Beverly Hills, CA90210 3101275-5136
1. YOU ARE ORDE'RE[)"TO
To (name of deposition officer):

PRb"OUCE THE emhNEs·s ~ECORDsde~cribed In Item 3, as follows: Ronsin Photocopy, Inc. On (date): August 8, 2011 At (time): 10:00 AM: Location (address): 215 S. Lemon Creek Drive, Walnut,CA91789 909/594-5995 ext 293
Do not release

~----~--------------------------~
the and time stated

the

requested

records to the deposition

officer

prior

~~~~~~~~~----------------~ to date above.

by delivering a true, legible, and durable copy oftM business records described in item 3, enclosed in a sealed Inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. by delivering a true, legible, and durable copy of the busmess records described in item 3 to the deposition officer at the witness's address, on receipt of payment in cash or by cheek of the reasonable costs cif preparing the copy, as determined under Evidence Code sectior'l1563(b). c. LX] by making the ol1ginal business records described in item 3 available for inspection at your buslness address by the attomey's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2: The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whichsver date is later). Reasonable costs of locating records, making them available or copying them, and postage, if any, ate recoverable as set forth in Evidence Code section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561.

a.

D

D

3.

See attachment #3.

The records

to be produced

are described

as. follows:

ex] Continued on Attachment 3.
4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CO[)E OF CIVIL PROCEDURE SECTION 1·985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WiTNESSES. AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSU·· OR EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMP FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES R ::;1 Date issued:
1111

I".
·~I~

:1:1

July 12,2011 Reid L. Denhanl, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA)

I!I,~

.Attorney for Plaintiff
__________________________________
Form Adql\ed

~(P_ro_·o_fo_f_s_e~_j_re_o_n_r_ev_e_~~e) DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

~_ITLE) __
Code

~~P~99~O~1of=2 of Civil Procedure. §§ 2D20.41()-2020.440; Government Code, § 68097.1 www.ooul1lnfO.C8.QI)V

Judicial CouncJl of CalWomla SUBP.(Jl0 [Rail. July 1.2010]

for Mandatory

U""

EXHIBIT 8

LexlsNexis® Automated California Judicial Council Forms

SUBP-010
PLAINTIFF/PETITIONER: DEFENDANTJRESPONDENT:

Certain Underwriters at Lloyd's of London AEO Live LLC et aI.
PROOF OF SERVICE OF DEPOSITION SUBPOENA PRODUCTION OF BUSINESS RECORDS

CASE NUMBER:

BC462973
FOR

1. I served this Deposition Subpoena for Production of Business Records by personally delivering as follows: a. Person served (name): b. Address where served:

a copy to the person served

C.

Date of dellvery:

d. Time of delivery: e. (1) (2)

0 D

Witness fees were paid. Amount: Copying fees were paid. Amount:

$ $ $

f. Fee for service:

2. I received this subpoena for service on (date): 3. Person serving: a. D Not a registered Caiifornia process server. b. 0 California sheriff or marshal. c. 0 Registered California process server. d. 0 Employee or independent contractor of a registered California process server. e. Exempt from registration under Business arid Professions Code section 22350(b). f. 0 Registered professional photocopier. g. 0 Exempt from registration under Business and Professions Code seelion 22451. h. Name, address, telephone number, and, if applicable, county of registration and number:

D

I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correel.

(For California sheriff or marshal use only) I certify that the foregoing is true and correel. Date:

~!
~~ ~~

Date:

:~!~----------------------------------------(SIGNATURE) SUBNl10 [Rev. July 1. 20101

(SIGNAlURE)

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

Page 2 012

Lexi3NexiS® Automated California Judicial Council Forms

ATTACHMENT DEFINITIONS:

3

mean a writing or writings as defmed by California Evidence Code Section 250, and shall include, without limitation, the original (and absent the original, then a copy thereof), all file copies and copies not identical to the original of any writing or record of every type, form, and description that is in the possession, custody, or control of the responding party, or which no longer is in the responding party's possession but of which the responding party still has knowledge, whether or not those writings or records are claimed to be privileged or otherwise immune from discovery, including, by way of illustration and not limitation, the following items: notes, correspondence, communications of any nature (including intra-company communications and correspondence), electronic mail messages, telegrams, cables, memoranda (including internal memoranda), notebooks of any nature, including laboratory and engineering reports; summaries, minutes and records of telephone conversations, personal conversations or interviews; diaries, routing slips or memoranda, reports (including tests and analysis reports), books, manuals, publications, invoices, specifications, shipping papers, purchase orders, shop instrument output, plans, patterns, drawings, flow charts, schematics, diagrams, photographs of any nature, artists' drawings, sketches, blueprints, minutes or recordings of meetings and conferences, including lists of persons attending meetings or conferences; transcripts of oral testimony or statements; reports and/or summaries of interviews; reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; forecasts; reports of patent searches; patent opinions, analyses or appraisalsragreements and contracts (including all modifications or revisions thereof); reports and/orsummaries of negotiations; court 'papers, labels, tags, placards, fliers, counter cards, brochures, pamphlets, advertisements, advertising layouts, circulars, trade letters, press releases, and translations; presentations, including boards, transparencies, storybooks and/or scripts; drafts of original or preliminary notes on, and marginal comments appearing on, any DOCUMENTS; whether those writings or records are on paper, magnetic disk, tape or other computer or digital storage medium, microfilm, microfiche, floppy, or any other storage or recording medium.
Ii

1. The terms uDOCUMENT,u "DOCUMENTS,"

rtWRITING," or "WRlTINGS

2. The terms "YOU" and "YOUR" shall mean Dr. Arnold Klien, inc1udingany of your affiliates, and any and all of your employees, partners, principals, members, directors, officers, employees, agents, representatives, accountants, financial advisors, investigators, consultants, attorneys, and any other person or entity acting on YOUR behalf. 3. "REFER" or "RELATE," or any variant thereof, including, but not limited to, the terms "REFERRING TO" and "RELATING TO," means in whole or in part evidencing, mentioning, constituting, containing, summarizing, describing, concerning, supporting, contradicting, addressing in any way, or otherwise dealing with the subject matter of the item listed below in which the term "REFER" or "RELA TEn appears.
:m

I~l :::~
Ir;

4. The term "COMMUNICATION(S)" shall be construed in the broadest possible sense and shall include, but not be limited to, any transmittal AND/OR receipt of information, whether by chance, prearranged, formal, or informal, and specifically includes conversations in person,
1

telephone conversations, letters or memoranda, electronic mail, formal statements, press releases, AND newspaper articles. 5. The term "CORRESPONDENCE" means any exchange of COMMUNICATIONS, including without limitation memoranda, letters, electronic mail, messages sent or received from a wireless device, or other DOCUMENTS among individuals AND entities. 6. The terms "AND" and "OR" shall be construed disjunctively or conjunctively so as to bring within the scope of each item listed below all documents and things that might otherwise be construed to be outside its scope. 7. The singular shall include the plural, and vice versa, so as to make these requests broadly inclusive. 8. Each item Listed below shall be construed independently and shall not be limited to reference to any other item. 9. If any document demanded herein is withheld pursuant to any objection based upon privilege; identify each document for which the privilege is claimed and state: a. The type of docwnent (letter, report, memoranda, etc.), including any title or identifying nwnber thereon; b. Its date of origin or preparation; c. The name of its author or originator; d. The name of its addressees, if any; e. A brief summary of its substance; and f. A factual and legal basis upon which a privilege is claimed sufficient to permit the Court to adjudicate the validity of the claim. 10. If any document demanded to be produced herein was in your possession, custody, or control, but has since been disposed of, lost, discarded, destroyed, or otherwise has become unavailable within four years of the date of this set of demands, please identify which documents were destroyed and state further the identity of the person who ordered them destroyed and the reason for their destruction. 11. Unless otherwise specified, each demanded item shall be produced in the form in which it is ordinarily maintained, preserving searchability, fielded metadata, and any files sent as e-mail attachments .

~l .~
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1>-,

2

ITEMS TO BE PRODUCED
You are hereby required to produce all of the following documents that are now or were formerly in your possession, custody, or. control (including documents at any time in the possession, custody, or control of your agents, attorneys, accountants, consultants, and all other persons and entities representing you or acting on your behalf) for the period January 1, 2004 to the present: 1. Documents referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 2. Communications referring or relating to Michael Joseph Jackson [Date of Birth

08/29/1958]
3. E-mails referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 4. Documents referring or relating to insurance, insurance applications, examinations for Michael Joseph Jackson [Date of Birth 08/29/1958] medical

5. Documents referring or relating to medical treatment and/or care of Michael Joseph Jackson [Date of Birth 08/29/1958], including but not limited to: Investigation report(s); Admission and Discharge Summaries; Emergency Room medical records; Emergency Room. billing records; Physicians' and Nurses' notes; Pharmacy and Medication records; Prescription and re-fill records; Laboratory results; Inpatient medical charts and records; Outpatient medical charts and records; Inpatient billing records and Outpatient billing records . 6. Documents pertaining to the chain of custody for all specimens, samples, evidence, etc., regarding Michael Joseph Jackson, [Date of Birth 08/29/1958]; 7. Documents regarding or referring to any toxicology Michael Joseph Jackson, [Date of Birth 08/29/1958J; analysis performed regarding

8. Documents regarding or referring to any tissue samples/specimens Jackson, [Date of Birth 08/2911958];

of Michael Joseph

9. Documents regarding or referring to any physical evidence obtained regarding Michael Joseph Jackson, [Date of Birth 08/29/1958]; 10. Any and all photographs (including videotapes, still images, digital photographs video) regarding or referring to Michael Joseph Jackson [Date of Birth 08/29/1958J; and

11. Documents relied upon by YOU pertaining to Michael Joseph Jackson [Date of Birth

08/29/1958];
12. Documents regarding or referring to any communications (either oral or written) between YOU and anyone, pertaining to Michael Joseph Jackson, [Date of Birth 08/2911958]; and
3

13. Any and all other "Writings", as defined by California Evidence Code § 250, that reflect or refer to the Michael Joseph Jackson, Date of Birth 08/29/1958. California Evidence Code § 250 reads: '''Writing' means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored."

4

PROOF OF SERVICE
2
3 Certain Underwriters
4
Y.

Assigned for all purposes to Hon. Malcolm H. Mackey. Dept. 55 Los Angeles Superior Court, Central District, III No. Hill St., Los Angeles, CA 90012; Phone# (213) 974~5683
AEG Live LLC, et at, Case No.; BC461973

5 6 7 8 9 10

I am employed in the county of Los Angeles, State of California. I am over the age of eightee years and not a party to the within entitled action; my business address is 100 N. Barranca Avenue, Suit 1100, West Covina, California 91791. On July 12,2011 I served the foregoing documenus) described as Deposition Subpoena for Production of Business Records placing the true copies thereof enclosed in sealed envelopes addressed as follows: Howard Weitzman Patricia A. Millett Kinsella Weitzman Iser Kump & Aldisert LLP 808 Wilshire Blvd., 3rd Floor Santa Monica, CA 90401 Tel: (310) 566-9800 Fax: (310) 566-9850 Attorneys for Defendants, AEG Live LLC and The Michael Jackson Company LLC

11
12

13
14 15

()

BY MAIL: I am "readily familiar" with the finn's practice of collection and processing correspondence and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at West Covina, California in the ordinary course of business. BY PERSONAL SERVICE: I caused said envelope(s) to be delivered by hand to the office(s) of the addressee(s) noted above. BY FEDERAL EXPRESS: the addresses) noted above. BY FACSIMilE: I caused said envelope(s) to be sent by Federal Express to

(XX)

16 17 18 19
20'

() () ()

I caused said document(s) to be transmitted by facsimile during

21
22

BY ELECTRONIC EMAIL: Based on a court or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sentto the persons at the email addresses listed in the service list below. I did not receive, within a reasonable time after the transmission; any electronic message or other indication that the transmission was unsuccessful during normal business hours of8:00 a.m. to 5:00 p.m. to the addressee(s) noted above. Executed on July 12, 2011, at West Covina, California.

23
24 25

(XX)

STATE I declare under penalty of perjury under the laws of the State of Cali fomi a that the foregoing is true and correct.

26

:~j 27 .~,

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28

I~·!

ESt --'f>,K.~SCHRlEFFERL P
Paul K. Sc ieffer,
e,

ATTORNEY OR Ph':TY WITHOUT A TTORNEV (Nan:


Stale 8ar

(Bar

151358)

number,

alll1 1IddteS$):

FOR COURT

USlf ONLY

IOQN Barranca A venue, Suite 1 roo We·st Covina, CA 91491
TELEPHONE NO.:

. FAX NO. (Optiona/):
"_ !

(626) 373-2444

- --"_

. - .~ - .
•••

... ~ I

..-

E-MAIL ADDRESS (0ptI0r0e~: ATTORNEY FOR (Name):

Certain Underwriters at Lloyd's of London, Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOSANOELES STREET ADDRESS: 111 N. Hill Street MAILING ADDRESS: Same CITY AND ZIP CODE: Los Angeles, CA 90012 BRANCH NAME: Central District Certain Underwriters at Lloyd's of London PLA1NTIFFIPETITIONER: DEFENDANTIRESPONDENT: ABO Live LLC, et al.
.DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS REC·ORDS
.CASE NUMBER:

-

- ---.~ -.-- ..~.-) ...

~

,

ORIGINAL

BC462973

THE PEOPLE OF THE STATE 1. YOU ARE·ORbERED

OF CAUFORNIA, TO (name, address; and telephone number of deponent. If known): Custodian of Records for Cherilyn Lee-323 N. Prarie Ave., Suite 434, Inglewood, CA 90301 310/419-4300
TO PRODUCi: THE aUSINESSREc:6~D$ described In Item 3, as folloWs: At (time): records

To (name of deposition officer): On (date): August 8, 2011 Location (addresS): a.

Ronsin Photocopy, Inc.
to

215 S. Lemon Creek Drive, Walnut, CA91789 9091594-5995 ext 293
the deposition officer prior to the date· and .time stated above.

10:00 AM

00 not release the requested

by delivMng a true. legible. and durable copy of tlie business records de·scribed in item 3, enclosed hi a sealed inner wrapper with the title and number of the action, hame of witness, and date.of subpoena clearly Written on it. The inner wrapper shall then be enclosed in an.outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1_ b. 0 by dellverlrig a true, legible, and durable cop~ ~fthe business reco~ds descnb.id i~ ite~ 3. to tne deposition officer at the witness's address, On receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). . c. by making the orlglnai business records desCribed in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address tinder reasonable conditions during normal business hours, 2, The records are to be produced by the date and time shown in iterri 1 (but not sooner thah 20 days after the issuance of the deposition subjJoena, 6r 15 days aiter service, whichever date is later). Reasonable costs of lotating records, making them available or copying them, and postage, if any, are recoverable as set faith in Evidence Code section 1S63(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561.

0

m

3. The records

See attachment #3.

to be produced

are described

as follows:

[XJ Continued on Attachment 3.

.

4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTfoN 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS SEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES; AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PROOUCE CON . ER 0 MPLOYEE RECORDS. DISOBEOIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY T FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESU .

Attorney for Plaintiff
(Proof of service on reverse)
Fotm Adopted fO( MandatOI)' Use Judicial COU\CiI 01Calilomia (TITlE)

Page, 0(2

SUBP-010IRov. July 1. 2010]

DEPOSITION SUBPOENA FOR P~ODUCTION OF BUSINESS RECORDS

Code 0( Civi Praoedura. §§ 2020.il10-2020.4<4O; Govemmenl Code, § 68D97.1 www.COW!info.~.gov

EXHIBIT C

LextsNexi5® Automated California Judicial Council Forms

SUBP-010
f-

PLAINTIFFIPETITIONER:

Certain Underwriters at Lloyd's of London AEG Live LLC~ et al.
PROOF OF SERVICE OF DEPOSItiON SUBPOENA PRODUCT10N OF BUSINESS RECORDS

CASE NUMBER:

DEFENDANTIRESPONDENT:

BC462973
FOR

1. I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as follows: .

a. Person served (name): b. Address where served:

c. Date of delivery: d. Time of delivery: . . e. (1) D (2) D Witness fees were paid. Amount , Copying fees were paid. Amount: f. Fee for service:

$
.

$ $

2. I received this subpoena for service on (date):

3.

Person serving: a. D b. D c. D Not

a registered

California process server.

d. D/Employee or inCfependeht.co httactor of a registered California process server. e. ·;Exempt from registratioh under Business and Professions Code section 22350(b).

California sheriff or marshal. ··Registered California process server.

0

f.

Registered professional

photocopier.

g. D

Exempt from registration under Business and Professions Code section 22451. number, and, jf applicable, county of registration and number:

h. Name, address, telephone

I declare under penalty of peljury under the laws of the State of
California that the foregoing is true and

(For California

sheriff

or marshal

use only)

correct.

I certify that the foregoing is true and correct.
Date:

~

-----------------------------------(SIGNATURE) pago 2 012

SUBP-OtO (Rev. July 1. 2010J

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

Le:cisNexiS® A utomated California Judicial Council Forms

ATTACHMENT DEFINITIONS:

3

1. The tenus t1DOCU1v1ENT,11 "DOCUMENTS," "WRITING,t' or 1tWRITINGSt1 mean a writing or writings as defined by California Evidence. Code Section 250, and shall include, without limitation, the original (and absent the original, then a copy thereof), all file copies and copies not identical to the original of any writing or record of every type, form, and description that is in the possession, custody, or control of the responding party, or which no longer is in the responding party's possession but of which the responding party still has knowledge, whether or not those writings or records are claimed to be privileged or otherwise immune from discovery, including, by way of illustration and not limitation, the following items: notes, correspondence, communications of any nature (including intra-company communications and correspondence), electronic mail messages, telegrams, cables, memoranda (including internal memoranda), notebooks of any nature, including laboratory and engineering reports; summaries, minutes and records of telephone conversations, personal conversations or interviews; diaries, routing slips or memoranda, reports (including tests and analysis reports), books, manuals, publications, invoices, specifications, shipping papers, purchase orders, shop instrument output, plans, patterns, drawings, flow charts, schematics, diagrams, photographs of any nature, artists' drawings, sketches, blueprints, minutes or recordings of meetings and conferences, including lists of persons attending meetings or conferences; transcripts of oral testimony or statements; reports and/or summaries of interviews; reports and/or swnmaries of investigations; opinions or reports of consultants; opinions of counsel; forecasts; reports of patent searches; patent opinions, analyses or appraisals; agreements and contracts (including all modifications or revisions thereof); reports and/or summaries of negotiations; court papers, labels, tags, placards, fliers, counter cards, brochures, pamphlets, advertisements, advertising layouts, circulars, trade letters, press releases, and translations; presentations, including boards, transparencies, storybooks and/or scripts; drafts of original or preliminary notes on, and marginal comments appearing on, any DOCUMENTS; whether those writings or records are on paper, magnetic disk, tape or other computer or digital storage medium, microfilm, microfiche, floppy, or any other storage or recording medium. . 2. The terms "YOU' and "YOUR" shall mean Cherilyn Lee, including any of your affiliates, and any and all of your employees, partners, principals, members, directors, officers, employees, agents, representatives, accountants, financial advisors, investigators, consultants, attorneys, and any other person or entity acting on YOUR behalf. 3. "REFER" or "RELATE," or any variant thereof, including, but not limited to, the terms "REFERRING TO" and "RELATING TO," means in whole or in part evidencing, mentioning, constituting, containing, summarizing, describing, concerning, supporting, contradicting, addressing in any way, or otherwise dealing with the subject matter of the item listed below in which the term "REFER" or "RELATE" appears.
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4. The term "COMMUNlCATION(S)" shall be construed in the broadest possible sense and shall include, but not be limited to, any transmittal AND/OR receipt of information, whether by chance, prearranged, formal, or informal, and specifically includes conversations in person,
1

telephone conversations, letters or memoranda, electronic mail, formal statements, press releases, AND newspaper articles. 5. The term IICORRESPONDENCEII means any exchange of COMMUNICATIONS, including without limitation memoranda, letters, electronic mail, messages sent or received from a wireless device, or other DOCUMENTS among individuals AND entities. 6. The terms IIANDII and IIOR" shall be construed disjunctively or conjunctively so as to bring within the scope of each item listed below all documents and things that might otherwise be construed to be outside its scope. 7. The singular shall include the plural, and vice versa, so as to make these requests broadly inclusive. 8. Each item listed below shall be construed independently and shall not be limited to reference to any other item. 9. If any document demanded herein is withheld pursuant to any objection based upon privilege, identify each document for which the privilege is claimed and state: a. The type of document (letter, report, memoranda, etc.), including any title or identifying number thereon; b. Its date of origin or preparation; c. The name of its author or originator; d. The name of its addressees, if any; , e. A brief summary of its substance; and f. A factual and legal basis upon which a privilege is claimed sufficient to permit the Court to adjudicate the validity of the claim. 10. If any document demanded to be 'produced herein was in your possession, custody, or control,but has since been disposed of, lost, discarded, destroyed, or otherwise has become unavailable within four years of the date of this set of demands, please identify which documents were destroyed and state further the identity of the person who ordered them destroyed and the reason for their destruction. 11. Unless otherwise specified, each demanded item shall be produced in the form in which it is ordinarily maintained, preserving searchability, fielded metadata, and any files sent as e-mail attachments.

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ITEMS TO BE PRODUCED You are hereby required to produce all of the following documents that are now or were formerly in your possession, custody, or control (including documents at any time in the possession, custody, or control of your agents, attorneys, accountants, consultants, and all other persons and entities representing you or acting on your behalf) for the period January 1, 2004 to the present: 1. Documents referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 2. Communications referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 3. E-mails referring or relating to Michael Joseph Jackson [Date of Birth 08/2911958] 4. Documents referring or relating to insurance, insurance applications, medical examinations for Michael Joseph Jackson [Date of Birth 08/29/1958] 5. Docwnents referring or relating to medical treatment and/or care of Michael Joseph Jackson [Date 'of Birth 08/2911958], including but not limited to: Investigation report(s); Admission and Discharge Summaries; Emergency Room medical records; Emergency Room billing records; Physicians' and Nurses' notes; Pharmacy and Medication records; Prescription and re-fill records; Laboratory results; Inpatient medical charts and records; Outpatient medical charts and records; Inpatient billing records and Outpatient billing records 6. Documents pertaining to the chain of custody for all specimens, samples, evidence, etc., regarding Michael Joseph Jackson, [Date of Birth 08/29/1958]; 7. Documents regarding or referring to any toxicology analysis performed regarding Michael Joseph Jackson, [Date of Birth 08/29/1958]; 8. Documents regarding or referring to any tissue sampleslspecimens of Michael Joseph Jackson, [Date of Birth 08/2911958]; 9. Documents regarding or referring to any physical evidence obtained regarding Michael Joseph Jackson, [Date of Birth 08/29/1958]; 10. Any and all photographs (including videotapes, still images, digital photographs and video) regarding or referring to Michael Joseph Jackson [Date of Birth 08/29/1958]; 11. Documents relied upon by YOU pertaining to Michael Joseph Jackson [Date of Birth 08/2911958]; 12. Docwnents regarding or referring to any communications (either oral or written) between YOU and anyone, pertaining to Michael Joseph Jackson, [Date of Birth 08/29/1958]; and
3

13. Any and all other "Writings", "as defined by California Evidence Code § 250, that reflect or refer to the Michael Joseph Jackson, Date of Birth 08/29/1958. California Evidence Code § 250 reads: "'Writing' means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any recordthereby created, regardless of the manner in which the record has been stored."

4

PROOF OF SERVICE
2
3

Assigned for all purposes to Han. Malcolm H. Mackey, Dept. 55 Los Angeles Superior Court, Central District, 111 No. Hill St., Los Angeles, CA 90012; Phone# (213) 974·5683 Certain Underwriters v. AEG Live LLC, et al., Case No.; BC462973

4 5 6 7 8

I am employed in the county of Los Angeles, State of California. I am over the age of eightee years and not a party to the within entitled action; my business address is 100 N. Barranca Avenue, Suit 1100, West Covina, California 91791. On July 12,20111 served the foregoing document(s) described as Deposition Subpoena for Production of Business Records placing the true copies thereof enclosed in sealed envelopes addressed as follows: . Howard Weitzman Patricia A. Millett Kinsella Weitzman Iser Kump & Aldisert LLP 808 Wilshire Blvd., 3rd Floor Santa Monica, CA 90401 Tel: (310) 566-9800 Fax: (310) 566-9850
0

9
10 11 12
13

Attorneys for Defendants, AEG Live LLC and The Michael jackson Company LLC

()

14

BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon ful1y prepaid at West Covina, California in the ordinary course of business.
0

15 16 17 18 19 20 21 22 23 24 25 26
OJ:

(XX)

BY PERSONAL SERVICE: I caused said envelope(s) to be delivered by hand to the office(s) of the addressee(s) noted above. BY FEDERAL EXPRESS: the address( s) noted above. BY FACSIMILE: I caused said envelopets) to be sent by Federal Express to

() () ()

I caused said document(s) to be transmitted by facsimile during

BY ELECTRONIC EMAIL: Based on a court or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the email addresses listed in the service list below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful during normal business hours 0~8:00 a.m. to 5:00 p.m. to the addressee(s) noted above. Executed on July 12,2011, at West Covina, California.

(XX)

STATE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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ATTORNEVOR

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Paul K. Schrieffer, (Bar # 151358) SCHRlEFFERL P .' 100 N,·Barranca Avenue, Suite 1100 WestCovina, CA 91491 fAX NO. (OptionI!lQ: TELfPHONENO.: (626) 373-2444
ADDRess
(Optional): ' ATTORNEY FaR (Name):

PARlY VIIITHOut

ESi

SUBP-010
FOR COURT USE

ATTORNEY (N"me, State Sar nlJl71l1er,Jnd fildreBBJ: I

ONLY

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ORIGlNAl

Certain Underwriters at Lloyd's of London, Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES STREET ADDRESS: 111 N. Hill Street MAILING ADDRESS: Same CITY AND ZIP CODE: Los Angeles, CA 90012 BRANCH NAME: Central District Certain Underwriters at Lloyd's of London PLAINTIFFIPETITIONER: DE FENDANTIRESPO NDENT: AEG Live LLC, et al.
DEPOSITION SUBPOENA FOR PRObUCTioN OF BUSINESS RECORDS THE PE~PlE OF THE STATE OF CAUFdRNIA.
CASE NUMBER:

BC462973
ifknown):

Custodian of Records for Dr. Allan Metzgar-8737 Beverly Blvd., Suite 203, Los Angeles, CA 90048
1. YOU ARE ORDERED TO PRODUCE tHE BuSi'NEss To (name of deposition officer): On (date): August 8, 2011 Location (address): RECORDS descnbed hi Item 3,

to (name, address, andte/eph~ne numberof,deponent,

as follows:

At (time): 10:00 AM 215 S. Lemon Creek Drive, Walnut CA 91789909/594-5995 ext 293 officer prior to the date and time stated above.

Ronsin Photocopy, Inc.

Do not release the requested records to the deposition

a true, legible, and durable' copy 6f tha business records described in item 3, enclosed in a sealed inner Wrapper with the title and number ofthe action. name of witness, and date of subpoena cleariy written 01'1 it. the inner wrapper shallthen be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. , b. by delivering a true, legible. and durable copy of the business records described in item 3 to the deposition offlcer at the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). c. by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. ' 2. The records are to be produced by the date and time shoWn in item 1 (but not sooner than 20 days after the issuance of the deposition 8ubpoeha, or 15 days after service, whichever datfj Is later). Reasonable Costs of locating reCcirds, making them available or copying them, and postage, if any, are recovetab/e as set forth in Evidence Code section 1563(b). The reCbrds shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561.

a.

D by delivering

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3 .. The records to be produced are described as follows:

See attachment #3.

.

4.

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Continued on AttaChment 3. , IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 198$.6 AND A MOTION TO QUASH OR AN OBJECTldN HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULT L ALSO BE LIABLE AlLURE TO OBEY.

'I.

:3Dateissued:

I!l

.'

July 12,2011 Reid 1. Denham, Esq.
(lYPE OR PRINT NAME)

Attorney for Plaintiff
(Proof of service on reverse)
Form AdOptod for MandaICIY Uaa Judicial Ccx.1cil01 Ca!~omia SUBP.o10 (Rev, July 1, 20101 (TITLE) Page 1 012

DEPOSITION SUBPOeNA FOR PRODUCTION OF BUSINESS RECORDS

Cedo 01 CMI Procedu .... §5 2020.4lD-2020,440; Government Code. 5 6!lO97.1 www,coutttnfD,c.!,gov

EXHIBIT D

LexisNexiS® Automated California Judicial Council Forms

-------------------

---

.------------

SUBP~10
PLAINTIFF/PETITIONER: DEFENDANTIRESPONDENT:

Certain Underwriters at Lloyd's of London AEG Live LLC et al.

CASE NUMBER:

BC462973

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as follows:

a. Person served (name):
b. Address where served:

c. Date of delivery: d. Time of delivery: e. (1) Witness fees were paid. Amount: (2) D Copying fees were paid . . Amount:

0

$ $ $

f. Fee for service: .....•...........

2. I received this subpoena for service on (date):

3.

Person serving: a.. Not a registered California process server. b. D California sheriff or marshal. c. D Regis.tered California process server. d. D Employee or independent contractor of a registered California process server. e. D'Exempt from registration under Business and Professions Code section 22350(b). f. D Registered professional photocopier. g. D Exempt from registration under Business and Professions Code section 22451. h. Name, address, telephone number. and. if a·pplica.ble,county of registration and number:

D

I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct.

(For California sheriff or marshal use only) Icertify that the foregoing is true and correct. Date:

~! •
Ir'

Date:

:~!. I~;---------SUBP.(l1Q [Rev. July I, 2010)

(SIGNATURE)

........ -----------

.----~--~-----------(SIGNATURE) Page 2 012

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

LexisNexis® Automated California Judicial Council Forms

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ATTACHMENT 3

DEFINITIONS: The terms "DOCUMENT," 1tDOCUMENTS,""WRITING," or "WRITINGS" mean a writing or writings as defmed by California Evidence Code Section 250, and shall include, without limitation, the original (and absent the original, then a copy thereof), all file copies and copies not identical to the original of any writing or record of every type, form, and description that is in the possession, custody, or control of the responding party, or which no longer is in the responding party's possession but of which the responding party still has knowledge, whether or not those writings or records are claimed to be privileged or otherwise immune from discovery, including, by way of illustration and not limitation, the following items: notes, correspondence, communications of any nature (including intra-company communications and correspondence), electronic mail messages, telegrams, cables, memoranda (including internal memoranda), notebooks of any nature, including laboratory and engineering reports; summaries, .minutes and records of telephone conversations, personal conversations or interviews; diaries, routing slips or memoranda, reports (including tests and. analysis reports), books, manuals, publications, invoices, specifications, shipping papers, purchase orders, shop instrument output, plans, patterns, drawings, flow charts, schematics, diagrams, photographs of any nature, artists' drawings, sketches, blueprints, minutes or recordings of meetings and conferences, including lists of persons attending meetings or conferences; transcripts of oral testimony or statements; reports and/or summaries of interviews; reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; forecasts; reports of patent searches; patent opinions, analyses or appraisals; agreements and contracts (including all modifications or revisions thereof); reports and/or summaries of negotiations; court papers, labels, tags, placards, fliers, counter cards, brochures, pamphlets, advertisements, advertising layouts, circulars, trade letters, press releases, and translations; presentations, including boards, transparencies, storybooks and/or scripts; drafts of original or preliminary notes on, and marginal comments appearing on, any DOCUMENTS; whether those writings or records are on paper, magnetic disk, tape or other computer or digital storage medium, microfilm, microfiche, floppy, or any other storage or recording medium.
1.

2. The terms l1YOUl1 and nYOUR" shall mean Dr. Allan Metzger, including any of your affiliates, and any and all of your employees, partners, principals, members, directors, officers, employees, agents, "representatives, accountants, financial advisors, investigators, consultants, attorneys, and any other person or entity acting on YOUR behalf. 3. l1REFER"or "RELATE," or any variant thereof, including; but not limited to, the terms "REFERRING TO" and "RELATING TO," means in whole or in part evidencing, mentioning, constituting, containing, summarizing, describing, concerning, supporting, contradicting, addressing in any way, or otherwise dealing with the subject matter of the item listed below in which the term "REFER" or "RELATE" appears. 4. The term "COlvfMUNICATION(S)" shall be construed in the broadest possible sense and shall.include, but not be limited to, any transmittal AND/OR receipt of information, whether by chance, prearranged, formal, or informal, and specifically includes conversations in person,
1

telephone conversations, letters or memoranda, electronic mail, formal statements, press releases, AND newspaper articles. 5. The term "CORRESPONDENCE" means any exchange of COMMUNICATIONS, including without limitation memoranda, letters, electronic mail, messages sent or received from a wireless device, or other DOCUMENTS among individuals AND entities. 6. The terms tlAND" and "OR" shall be construed disjunctively or conjunctively so as to bring within the scope of each item listed below all documents and things that might otherwise be construed to be outside its scope. 7. The singular shall include the plural, and vice versa, so as to make these requests broadly inclusive. 8. Each item listed below shall be construed independently and shall not be limited to reference to any other item. " 9. If any document demanded herein is Withheld pursuant to any objection based upon privilege, identify each document for which the privilege is claimed and state: a. The type of document (letter, report, memoranda, etc.), "including any title or identifying number thereon; b. Its date of origin or preparatiori; c. The name of its author or originator; d. The name of its addressees, if any; e. A brief summary of its substance; and f. A factual and legal basis upon which a privilege is claimed sufficient to permit the Court to adjudicate the validity of the claim. 10. If. any document demanded to be produced herein was in your possession, custody, or control, but has since been disposed of, lost, discarded, destroyed, or otherwise has become unavailable within four years of the date of this set of demands, please identify which documents were destroyed and state further the identity of the person who ordered them destroyed and the reason for their destruction. 11. Unless otherwise specified, each demanded item shall be produced in the form in which it is ordinarily maintained, preserving searchability, fielded metadata, and any files sent as e-mail attachments.

2

ITEMS TO BE PRODUCED

You are hereby required to produce all of the following documents that are now or were formerly in your possession, custody, or control (including documents' at any time in' the possession, custody, or control of your agents, attorneys, accountants, consultants, and all other persons and entities representing you or acting on your behalf) for the period January 1. 2004 to the present: 1. Documents referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 2. Communications referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 3. E-mails referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 4. Documents referring or relating to insurance, insurance applications, medical examinations for Michael Joseph Jackson [Date of Birth 08/29/1958] 5. Documents referring or relating to medical treatment and/or care of Michael Joseph Jackson [Date of Birth 08/29/1958], including but not limited to: Investigation report(s); Admission and Discharge Summaries; Emergency Room medical records; Emergency Room billing records; Physicians' and Nurses' notes; Pharmacy and Medication records; Prescription and re-fill records; Laboratory results; Inpatient medical charts and records; Outpatient medical charts and records; Inpatient billing records and Outpatient billing records' 6. Documents pertaining to the chain of.custody for allspecimens, samples, evidence; etc., regarding Michael Joseph Jackson, [Date of Birth 08/29/1958]; 7. Documents regarding or referring to 'any toxicology analysis performed regarding Michael,J()seph Jackson, [Date of Birth 08/29/1958]; . . ~~ .
"

8....Documents regarding or referring to. any tissue samples/specimens of Michael Joseph :.:;:'.... Ja9~son~;[I?'~~e , "" ·~f;Bi¢10.~?'O.~~.8);,,;.·, . "'''''' ,;.... ~;::."

.

.

:'::".~.::. ~o6~,¢~~ ;e;~ding

or r~~~rring ~y .physi~a_( ~idence obtained rega!din~ Mi~hael to e , !osep?,Jacksori~'[Date of Birth 08/29/1,958];"

10. Any and all photographs (includingvideotapes, still images, digital photographs and" video) regarding or referring to Michael Joseph Jackson [Date of Birth 08/29/1958];

:~l

11. Documents relied upon by YOU pertaining to Michael Joseph Jackson [Date of Birth . ' . ,;~8/29/1958];

..

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~·}'ii;Documents regarding or referring to any communications (either oral or written) between
YOU and anyone, pertaining to Michael Joseph Jackson, [Date of Birth 08/29/1958]; and

3

13. Any and ail other "Writings", as defined by California Evidence Code § 250, that reflect or refer to the Michael Joseph Jackson, Date of Birth 08/29/1958. California Evidence Code § 250 reads: "'Writing' means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored."

4

PROOF OF SERVICE
2 Assigned for all purposes to Hon. Malcolm H. Mackey, Dept. 55 Los Angeles Superior Court, Central District, 111 No. Hill St., Los Angeles, CA 90012; Phone# (213) 974·5683 Certain Underwriters v. AEG Live LLC. et al.• Case No.: BC462973 4 5 6 7

3

I am employed in the county of Los Angeles, State of California. I am over the age of eightee years and not a party to the within entitled action; my business address is 100 N. Barranca Avenue, Suit 1100, West Covina, California 91791. On July 12,2011 I served the foregoing document(s) described as Deposition Subpoena for Production of Business Records placing the true copies thereof enclosed in sealed envelopes addressed as follows: Howard Weitzman Patricia A. Millett .Kinsella Weitzman Iser Kump & Aldisert LLP 808 Wilshire Blvd., 3rd Floor Santa Monica, CA 90401 Tel: (310) 566·9800 Fax: (310) 566·9850 Attorneys for Defendants, AEG Live LLC and The Michael Jackson Company LLC

8
9 10

11 12
13 14
15

()

BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at West Covina, California in the ordinary course of business. BY PERSONAL SERVICE:, I caused said envelope(s) to be delivered by hand to the office(s) of the addressee(s) noted above. BY FEDERAL EXPRESS: the addresses) noted above, BY FACSIMILE: I caused said envelope(s) to be sent by Federal Express to

(XX)

16

17
18

() ()

I caused said document(s) to be transmitted by facsimile during

19

( )

20
21

BY ELECTRONIC EMAIL: Based on a court or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the email addresses listed in the service list below, I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful during normal business hours of 8:00 a.m, to 5:00 p.m. to the addressee(s) noted above. Executed on'July.12, 2011, at West Covina~'·California.

, .22 23 24 25 26 (XX)

,STATE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

:~l27 "',
~l 28 ".
t.~

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· SUBP-010

Paul K. Schrieffer, Esq. (Bar # 151358) .K. SCHRIEFFER LLP 100 N. Barranca Avenue, Suite 1100 West Covina;CA 91491 TELfPHONENO,: (626) 373-2444 FAX NO, (Oob'ollll/):
E-MAIl ADDRESS ·(Oplional): ATTORNEY FOR (NlWI1e):.

A l'TORNEY

OR P;'RTV ~THOUT ATTORNEY

(Hamil, Stille BIT number. and address):

FOR COURT USE ONLY

.
~--~ - -- --.-

.

._j

Certain Underwriters at Lloyd's of London, Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES STA.EETADDRESS: 111 N. Hill Street MAILING ADDRESS: Same CITY AND ZIP CODE: Los Angeles, CA 90012 BRANCH NAME: Central District. 'PLAINTIFFIPETITIONER: Certain Underwriters at Lloyd's of London
DEFENDANTIRESPONDENT:

AEG Live LLC, et aI.
CASE NUMBER:

DEPOSITION SUBPOENA FOR PRC)oUCTION OF BUSINESS RECORDS

BC462973

THE PEOPLE OF THE STATE oj: CAUFORNIA, TO (natTie, address, and telephone number of deponent, If knOw~): 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDs ·described In 118ll13, as follows: To (name of deposition officer): On (date): August 8, 2011 Location (addi'eSs): a.

Custodian of Records for Nutrimed Healthcare-323 N. Prarie Ave., Suite 434, Inglewood, CA 90301 310/419-4300 Ronsin Photocopy, Inc.

At (time): 10:00 AM 215 S. Lemon Creek Drive, Walnut CA 91789909/594-5995 ext 293 Do not release the requested records to the depcisition officer prior to the date and time stated above.

by delivering atrue, legible, and durable copy·of the business retards deSCribed in item 3, endosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena dearfy written on it. The inner wrapper shall then be enclosed in an outer' envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. by delivering a true, legible, and durable of the bustness records desCrIbed iti item 3 to th~ dep6sitloil officer at the witness's address, on receipt of payment in cash Or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b), . c. 00 by makihg the original business records described in item 3 available for inspection at your business address by the attomey's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shOWn in item 1 (but not sooner than 20 days after the issuance of the depos(tion subpoena, or 15 days after seivtce, whichever date is (ater); Reasonable costs 6f locating recoms, making'them available i)fcopying theiii,·.a~d.postage, ifany. are recoverable as set forth in Evidence Code section 1563(b) .. The records shall be iiccompanied by an affidavit Of. the custodian or other qualifie_d witness pursuant to Evidence COde section 1561. 3. The records to be described as follows: .

0

D

copy

See attachment #3.

produhEid are

m Continued

on Attachment 3.

4, IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER

CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN'OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE pARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSU OR EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THI FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESUL G ~bate issued:
.~~ I,,' IN

Iii ---------=-----__;:!....:::..:....:I..;__-----Reid 1. Denham, Esq. '.r,
(TYPE OR PRINT NAME)

July 12, 2011

Attorney for Plaintiff
(Proof of service on reverse)
(TITLE)

.

Form Adopled fOl: Mandalay Use Judicial COU'lc. 01 California SUBP-<)10 [Rev_ July 1, 2010)

DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

Code of ClvU Procedura, §§ 2020.410--2020.440; Goverrwnenl Code, § 6B097.1
www.CO</~n(!).CB.QOv

EXHIBIT E

uxisNexlS®

Automated Califomia Judicial Council Forms

SUBP-010
f-

PLAINTIFFIPETITIONER:

Certain Underwriters at Lloyd's of London
AEG LiveLLC, et al.
PROOF OF SERVICE OF DEPOSITION SUBPOENA PRODUCTION OF BUSINESS RECORDS

CASE NUMBER:

DEFENDANT/RESPONDENT:

BC462973
FOR

1. I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as follows:· . a. Person served (name): b. Address where served:

c. Date of delivery: d. Time of delivery: e. (1) (2)

0
0

Witness fees were paid. Amount: Copying fees were paid. Amount:

$ $ $

f. Fee for service:

2. I received this subpoena for service on (date): 3. Person serving: a; Not a re·gistered California process server. b. c. d. e. f. g.

D
D D D

0 D

California sheriff or marshal. Registered California process server. Employee or independent contractor of a registered California process server. Exempt from registration under Business and Professions Code section 22350(b). Registered professional photocopier. Exempt from registration under Business and Professions Code section 22451.

0

h. Name, address, telephone number, and, if applicable, county of registration and number:

I declare

under penalty of perjury under the laws of the State of

California that the foregoing is true and correct.

(For California sheriff or marshal use only) I certify that the foregoing is true and correct. Date:

ill)

Date;

1·1 J,,:

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--------------------

(SIGNATURE I

~---------------------(SIGNATURE) Page 2 012

SUBP'()10 [Rev. July 1. 20101

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RE:CORDS

LexisNexlS® Automated California Judicial Council Forms

ATTACHl\1ENT 3 DEFINITIONS: 1. The terms "DOCUMENT,n "DOCUMENTS,n "WRITING," or WRITINGS" mean a writing or writings as defined by California Evidence Code Section 250, and shall include, without limitation, the original (and absent the original, then a copy thereof), all file copies and copies not identical to the original of any writing or record of every type, form, and description that is in the possession, custody, or control of the responding party, or which no longer is in the responding party's possession but of which the responding party still has knowledge, whether or not those writings or records are claimed tobe privileged or otherwise immune from discovery, including, by way of illustration and not limitation, the following items: notes, correspondence, communications of any nature (including' intra-company communications and correspondence), electronic mail messages, telegrams, cables, memoranda (including internal memoranda), notebooks of any nature, including laboratory and engineering reports; summaries, minutes and records of telephone conversations, personal conversations or interviews; diaries, routing slips or memoranda, reports (including tests and analysis reports), books, manuals, publications, invoices, specifications, shipping papers, purchase orders, shop instrument output, plans, patterns, drawings, flow charts, schematics, diagrams, photographs of any nature, artists' drawings, sketches, blueprints, minutes or recordings of meetings and conferences, including lists of persons attending meetings or conferences; transcripts of oral testimony or statements; reports and/or summaries of interviews; reports andlor summaries of investigations; opinions or reports of consultants; opinions of counsel; forecasts; reports of patent searches; patent opinions, analyses or appraisals; agreements and contracts (including all. modifications or revisions thereof); reports andlor summaries of negotiations; court papers, labels, tags, placards, fliers, counter cards, brochures, pamphlets, advertisements, advertising layouts, circulars, trade letters, press releases, and translations; presentations, including boards, transparencies, storybooks and/or scripts; drafts of original or preliminary notes on, and marginal comments appearing on, any DOCUMENTS; whether those writings or records are on paper, magnetic disk, tape or other computer or digital storage medium, microfilm, microfiche, floppy, or any other storage or recording medium.
II

2. The terms nyou" and "YOUR" shall mean Nutrimed Healthcare, including any of your affiliates, and any and all of your employees, partners, principals, members, directors, officers, employees, agents,representatives, accountants, financial advisors, investigators, consultants, attorneys, and any other person or entity acting on YOUR behalf. 3. "REFERII or "RELATE," or any variant thereof, including, but not limited to, the tenus "REFERRING TO" and "RELATING TO," means in whole or in part evidencing, mentioning, constituting, containing, summarizing, describing, concerning, supporting, contradicting, addressing in any way, or otherwise dealing with the subject matter of the item listed below in which the term "REFER" or "RELATE" appears. .

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4. The term "COMMUNICATION(S)" shall be construed in the broadest possible sense and shall include, but not be limited to, any transmittal AND/OR receipt of information, whether by chance, prearranged, formal, or informal, and specifically includes conversations in person,
1

r


telephone conversations, letters or memoranda, electronic mail, formal statements, press releases, AND newspaper articles. 5. The term "CORRESPONDENCE" means any exchange of COMMUNICATIONS, including without limitation memoranda, letters, electronic mail, messages sent or received from a wireless device, or other DOCUMENTS among individuals AND entities. 6. The terms 11 AND I! and "OR" shall be construed disjunctively or conjunctively so as to bring within the scope of each item listed below all documents and things that might otherwise be construed to be outside its scope. 7. The singular shall include the plural, and vice versa, so as to make these requests broadly inclusive. 8. Each item listed below shall be construed independently and shall not be limited to reference to any other item. 9. If any document demanded herein is withheld pursuant to any objection based upon privilege, identify each document for which the privilege is claimed and state: a. The type of document Vetter, report, memoranda, etc.), including any title or identifying number thereon; b. Its date of origin or preparation; c. The name of its author or originator; d. The name of its addressees, if any; e. A brief summary of its substance; and f. A factual and legal basis upon which a privilege is claimed sufficient to permit the Court to adjudicate the validity of the claim. 10. If any document demanded to be produced herein was in your possession, custody, or control, but has since been disposed of, lost, discarded, destroyed, or otherwise has become unavailable within four years of the dateof this set of demands, please identify which documents were destroyed and state further the identity of the person who ordered them destroyed and the reason for their destruction. 11. Unless otherwise specified, each demanded item shall be produced in the form in which it is ordinarily maintained, preserving searchability, fielded metadata, and any files sent as e-mail attachments.

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ITEMS TO BE PRODUCED
You are hereby required to produce all of the following documents that are now or were formerly in your possession; custody, or control (including documents at any time in the possession, custody, or control of your agents, attorneys, accountants, consultants, and all other persons and entities representing you or acting on your behalf) for the period January 1, 2004 to the present: 1, Documents referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 2. Communications 08/29/1958] referring or relating to Michael

Joseph Jackson [Date of Birth

3. E-mails referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 4. Documents referring or relating to insurance, insurance applications, examinations for Michael Joseph Jackson [Date of Birth 08/29/1958] medical

5. Documents referring or relating to medical treatment and/or care of Michael Joseph Jackson [Date of Birth 08/29/1958], including but not limited to: Investigation report(s); Admission and Discharge Summaries; Emergency Room medical records; Emergency Room billing records; Physicians' and Nurses' notes; Pharmacy and Medication records; Prescription and re-fill records; Laboratory results; Inpatient medical charts and records; Outpatient medical charts and records; Inpatient billing records and Outpatient billing records 6. Documents pertaining to the chain of. custody for all specimens, samples, evidence, etc., regarding Michael Joseph Jackson, [Date of Birth 08/29/1958]; 7. Documents regarding or referring to any toxicology MichaelJoseph Jackson, [Date of Birth 08/29/1958]; analysis performed regarding

8. Documents regarding or referring to any tissue samples/specimens . Jackson, [Date of Birth 08/29/1958];

of Michael Joseph

9. Documents regarding or referring to any physical evidence obtained regarding Michael .Joseph Jackson, [Date of Birth 08/29/1958]; 10. Any and all photographs (including videotapes, still images, digital photographs video) regarding or referring to Michael Joseph Jackson [Date of Birth 08/2911958]; and

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11. Documents relied upon by YOU pertaining to Michael Joseph Jackson [Date of Birth 08/29/1958]; 12. Documents regarding or referring to any communications (either oral or written) between YOU and anyone, pertaining to Michael Joseph Jackson, [Date of Birth 08/29/1958]; and 3

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13. Any and all other "Writings", as defmed by California Evidence Code § 250, that reflect or refer to the Michael Joseph Jackson, Date of Birth 08/29/1958. California Evidence Code § 250 reads: '''Writing' means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of conununication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored."

4


PROOF OF SERVICE
2 3 Certain Underwriters v. AEG Live LLC. et al.• Case No.: BC462973 4 S 6 7 8 9 10 II Assigned for all purposes to Hon. Malcolm H. Mackey, Dept. 55 Los Angeles Superior Court, Central District, III No. Hill St., Los Angeles, CA 90012; Phone# (213) 974-5683

I am employed in the county of Los Angeles, State of California. I am over the age of eightee years and not a party to the within entitled action; my business address is 100 N. Barranca Avenue, Suit 1100, West Covina, California 91791. On July 12,2011 I served the foregoing document(s) described as Deposition Subpoena for Production of Busioess Records placing the true copies thereof enclosed in sealed envelopes addressed as follows: Howard Weitzman Patricia A. Millett Kinsella Weitzman Iser Kump & Aldisert LLP 808 Wilshire Blvd., 3rd Floor Santa Monica, CA 90401 Tel: (310) 566-9800 Fax: (310)' 566-9850 Attorneys for Defendants, AEG Live LLC and The Michael Jackson Company LLC

12
13

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14

BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at West Covina, California in the ordinary course of business. BY PERSONAL SERVICE: I caused said envelopefs) to be delivered by hand to the office(s) of the addressee(s) noted above. BY FEDERAL EXPRESS: the address(s) noted above. I caused said envelope(s) to be sent by Federal Express to

.

IS
16 17 18
19

(XX)

() () ( )

BY FACSThfILE: I caused said document(s) to be transmitted by facsimile during BY ELECTRONIC EMAIL: Based on a court or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the email addresses listed in the service list below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful during normal business hours of 8:00 a.m. to 5:00 p.m. to the addressee(s) noted above. Executed on July 12,2011, at West Covina, California.

20 21

22 23 24 (XX)

STATE I declare under penalty of perjury under the laws of the State of Cali fomi a that the foregoing is true and correct.

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--f'.K. SCHRIEFFER L P 100 .Ni-Barranca Avenue, Suitt 1100 West Covina, CA 91491
TELEPHONE
E-MAIL

Paul KSchrieffer,

ATIORNJ:Y

OR PARTY V1111l10UTATIORNEY

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(Bar

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Stale Barnumber, end eddl8S!l);

151358)


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SUBP'-010
FOR COURT USE ONLY

\

NO,:

(626) 373-2444

FAX NO, (Optional):'

,

ADDRESS (OpUoMI):

Certain Underwriters at Lloyd's of London, Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOSANOELES STREET ADDRESS: 111 N. Hill Street MAILING ADDRESS: Same CITY AND ZIP CODE: Los Angeles, CA 90012 BRANCH NAME: Central District Certain Underwriters at Lloyd's of London PLAINTIFFIPETITIONER: DEFENDANTIRESPONDENT:. ABO Live LLC, et aI.
ATIORNEYFOR(Numo):

".- _--'--+

-_.,--_._"

-.-~

ORIGINAL

DEPOSIllON SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS THE PEOPLE OF THE STATE OF CAUFORNIA, 1. YOU ARE ORDERED TO ,,'RODUCE To (name of deposition officerj: On (date): August 8, 2011 Location (address): a.

CASE NUMBER:

BC462973

'to (name, addresS, and telephone numbe,'ofdeponent, Ifknown): Custodian of Records for G and J Gross, Inc. dba Mickey Fine Phaimacy-2846 Deep Canyon Dr., Beverly Hills, CA 90210

At (time): 10:00 AM 215 S. Lemon Creek Drive, Walnut, CA 91789 909/594-5995 ext 293 officer prior to the date and .tlme stated above.

THE 'BUSI'NESSREC'OrU)s Ronsin Photocopy) Inc,

d8"scrlbed iri item 3~as follows:

Do not release the requested records to the deposition

by delivering a true, legible, and'durable copy of the' business records described irfitem 3, ~nc1o-sedin a sealed inner wrapper with the title a nd number of the action, name of witness, and date of subpoena clearly Written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in' item 1. ,. b. Cj by delivering a true, legible, anddurable copy of tiie bLisfr'1e'~s. r~ctirds d~scdbed in item 3 to the deposition offieer at the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evideri~ Code section 1563(b). c. IT] by making the original business records described in item 3 available for inspection at your business address by the attomey's representative and permitting copying at your business address under reasonable conditions during noimal business hours. ' 2. The records ate to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whichever date is later). Reasoriable costs 6f locating recoids, making them available or copying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records shall be aCcompanIed by an affidavit of the custodIan or other qualified witness pursuant to fEvidence Code sectibn 1561. 3. The I'ecoi'ds to be produced are described as follows:

D

See attachment #3.

.

[XJ Continued on Attachment 3.
4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCe CO .. ER OR. EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY. FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RE LTJNG'F:R

'Ill

'::1 Date issued:

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July 12,2011 R_ei_d_L_. _D_enh_am~._E...:...sq:Jo.:.' _
(TYPE OR PRINT NAME)

Attorney for Plaintiff
(Proof of service on reverse)
Fonn Adopllld lor Mandlllory U... JudJaaI Co..nell of Cal~omia SUBP-010 IRev, J\l1y 1. 2010] (TiTLE) Page 1 "'2

DEPOSITION SUBPOENA FOR PRODUCTION nl= BUSINESS RECORDS

Code of Civil ProcGOure, §§ 2020.<11 ()...2020,44O; Govemmetll Code, § 68097.1 www.courtinto.ce.goll

EXHIBIT F

LexisNexiS® Automated California Judicial Council Forms

r--

PLAINTIFF/PETITIONER:

Certain Underwriters at Lloyd's of London AEO Live LLC, et al.

SUBP..Q10

CASE NUMBER:

DEFENDANTIRESPONDENT:

BC462973
FOR

PROOF OF SERVICE OF DEPOSitiON SUBPOENA PRODUCTION OF BUSINESS RECORDS·

1. I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served:

c. Date of delivery: d. Time of delivery: e. (1) (2)

D Witness
0

fees were paid. $ $ $

Amount: Copying fees were paid. Amount: ..........•...

f. Fee for service:

2. I received this subpoena for service on (date):

3. Person serving:

0 Not a registered California process server. D California sheriff or marshal, D:Registered California process server. D Employee or independent contractor of a registered California process server. D· Exempt from registration under Business and Professions Code section 22350(b). f. D Registered professional photocopier. g. 0 Exempt from registration under Business and Professions Code section 22451. h. Name, address, telephone number, and, if applicable, county of registration and number:
a.
b. c. d. e.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
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(For California sheriff or marshal use only)
I certify that the foregoing is true and correct.

bate:

Date:

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(SIGNATURE)

SUBP"()10 [R.v. July 1, 20101

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

Page2of2

Le;risNe:rd$®Automated California Judicial Council Forms


ATTACHMENT 3 DEFINITIONS:

1. The terms "DOCUMENT," rrDOCUMENTS~" "WRITING," or "WRITINGS" mean a writing or writings as defined by California Evidence Code Section 250~ and shall include, without limitation, the original (and absent the original, then a copy thereof), all file copies and copies not identical to the original of any writing or record of every type, form, and description that is in the possession, custody, or control of the responding party, or which no longer is in the responding party's possession but of which the responding party still has knowledge, whether or not those writings or records are claimed to be privileged or otherwise immune from discovery, including, by way of illustration and not limitation, the following items: notes, correspondence, communications of any nature (including intra-company communications and correspondence), electronic mail messages, telegrams, cables, memoranda (including internal memoranda), notebooks of any nature, including laboratory and engineering reports; summaries, minutes and records of telephone conversations, personal conversations or interviews; diaries, routing slips or memoranda, reports (including tests and analysis reports), books, manuals, publications, invoices, specifications, shipping papers, purchase orders, shop instrument output, plans, patterns, drawings, flow charts, schematics, diagrams, photographs of any nature, artists' drawings, sketches, blueprints, minutes or recordings of meetings and conferences, including lists of persons attending meetings or conferences; transcripts of oral testimony or statements; reports and/or summaries of interviews; reports andlor summaries of investigations; opinions or reports of consultants; opinions of counsel; forecasts; reports of patent searches; patent opinions, analyses or appraisals; agreements and contracts (including all modifications or revisions thereof); reports and/or summaries of negotiations; court papers, labels, tags, placards, fliers, counter cards, brochures, pamphlets, advertisements, advertising layouts, circulars; trade letters, press releases, and translations; presentations, including boards, transparencies, storybooks and/or scripts; drafts of original or preliminary notes on, and marginal comments appearing on, any DOCUMENTS; whether those writings or records are on paper, magnetic disk, tape or other computer or digital storage medium, microfilm, microfiche, floppy, or any other storage or recording medium.
2. The terms "YOU" and "YOUR" shallmean G and J Gross, Inc., dba Mickey Fine Pharmacy, including any of your affiliates, and any and all of your employees, partners, principals, members, directors, officers, employees, agents, representatives, accountants, financial advisors, investigators, consultants, attorneys, and any other person or entity acting on YOUR behalf. 3. "REFER" or "RELATE," or any variant thereof, including, but not limited to, the terms "REFERRING TO" and "RELATING TO," means in whole or in part evidencing, mentioning, constituting, containing, summarizing, describing, concerning, supporting, contradicting, addressing in any way, or otherwise dealing with the subject matter of the item listed below in which the term "REFER" or "RELATE" appears.
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4. The term "COMMUNICATION(St shall be construed in the broadest possible sense and shall include, but not be limited to, any transmittal AND/OR receipt of information, whether by chance, prearranged, formal, or informal, and specifically includes conversations in person,
1

e.
telephone conversations, letters or memoranda, electronic mail, formal statements, press releases, AND newspaper articles. 5. The term "CORRESPONDENCE" means any exchange of COMMUNICATIONS, including without limitation memoranda, letters, electronic mail, messages sent or received from a wireless device, or other DOCUMENTS among individuals AND entities. 6. The terms "AND" and "OR" shall be construed disjunctively or conjunctively so as to bring

within the scope of each item listed below all documents and things that might otherwise be construed to be outside its scope.
7. The singular shall include the plural, and vice versa, so as to make these requests broadly inclusive. 8. Each item listed below shall be construed independently and shall not be limited to reference to any other item. 9. If any document demanded herein is withheld pursuant to any objection based upon privilege, identify each document for which the privilege is claimed and state: a. The type of document (letter, report, memoranda, etc.), including any title or identifying number thereon; b. Its date of origin or preparation; c. 'The name of its author or originator; d. The name of its addressees, if any; e. A brief summary of its substance; and

f. A factual and legal basis upon which a privilege is claimed sufficient to permit the
Court to adjudicate the validity of the claim. 10. If any docwnent demanded to be produced herein was in your possession, custody, or . control, but has since been disposed of, lost, discarded, destroyed, or otherwise has become unavailable within four years of the date of this set of demands, please identify which documents were destroyed and state further the identity of the person who ordered them destroyed and the reason for their destruction. . 11. Unless otherwise specified, each demanded item shall be produced in the form in which it is ordinarily maintained, preserving searchability, fielded metadata, and any files sent as e-mail attachments.

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ITEMS TO BE PRODUCED

You are hereby required to produce all of the following documents that are now or were formerly in your possession, custody, or control (including documents at any time in the possession, custody, or control of your agents. attorneys, accountants, consultants, and all other persons and entities representing you or acting on your behalf) for the period January 1, 2004 to the present: 1. Documents referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 2. Communications 08/2911958] referring or relating to Michael Joseph Jackson [Date of Birth

3. E-mails referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958] 4. Documents referring or relating to insurance, insurance applications, examinations for Michael Joseph Jackson [Date of Birth 08/29/1958] medical

5. Documents referring or relating to medical treatment andlor care of Michael Joseph Jackson [Date of Birth 08129/1958], including but not limited to: Pharmacy and Medication records; Prescription and re-fill records; Prescription and re-fill billing records; 6. Documents relied upon by YOU pertaining to Michael Joseph Jackson [Date of Birth 08/29/1958]; . 7. Any and all other "Writings", as defined by California Evidence Code § 250, that reflect or refer to the Michael Joseph Jackson, Date of Birth 08/29/1958. California Evidence Code § 250 reads: "'Writing' means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form. of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored."

3


PROOF OF SERVICE
2 3
Certain Underwriters v. AEG Live LLC. et al .. Case No.: HC462973

Assigned for all purposes to Hon. Malcolm H. Mackey, Dept. 55 Los Angeles Superior Court, Central District, III No. Hill St., Los Angeles, CA 90012; Phone# (213) 974-5683

4 5 6

I am employed in the county of Los Angeles, State of California. I am over the age of eightee years and not a party to the within entitled action; my business address is 100 N. Barranca Avenue, Suit 1100, West Covina, Califomia91791. On July 12,2011 I served the foregoing document(s) described as Deposition Subpoena for Production of Business Records placing the true copies thereof enclosed in sealed envelopes addressed as follows: Howard Weitzman Patricia A. Millett Kinsella Weitzman Iser Kwnp & Aldisert LLP 808 Wilshire Blvd., 3rd Floor . Santa Monica, CA 90401 Tel: (310) 566-9800 Fax: (310) 566-9850 Attorneys for Defendants, AEO Live LLC and The Michael Jackson Company LLC

7
8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

()

BY MAll...: I am "readily familiar" with the firm's practice of collection and processing correspondence and processing correspondence for mailing. Under that practice it would be deposited with the U.S. posta1 service on that same day with postage thereon fully prepaid at West Covina, California in the ordinary course of business. . BY PERSONAL SERVICE: I caused said envelope(s) to be delivered by hand to the office(s) of the addressee(s) noted above. BY FEDERAL EXPRESS: the addresses) noted above. BY FACSIMILE: I caused said envelope(s) to be sent by Federal Express to

(XX)

() () ()

I caused said document(s) to be transmitted by facsimile during

BY ELECTRONIC EMAIL: Based on a court or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the email addresses listed in the service list below. I did 'not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful - during normal business hours of 8:00 a.m. to 5:00 p.m. to the addressee(s) noted above. .. Executed on July 12,2011, at West Covina, California ..

(XX)

STATE I declare under penalty of perjury under the laws of the State of Cali fomi a that the foregoing is true and correct.

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rP .K. SCHRIEFFER L P
E-MAIL ADDRESS (0pIl0naI): ATTOR'NEY FOR (Nam.):

Paul K:,Schneffer,

ATTORNEY OR PARTY WITHOUT ATTORNEY (NaiM, Sl8t& Bar number. and IIddmss):

ESt

SUBP-010

(Bar # 151358)

FOR COIIRT lISE ONI.. Y

100 N. Barranca Avenue. Suite 1100 West Covina. CA 91491 TELEPHONE NO.: (626) 373-2444

...... FAX NO. (0pl1oM!): ,

,-

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----+. _...

ORIGINAL

Certain Underwriters at Lloyd's of London, Plaintiff SUPERIOR COURT CALIFORNIA, OF COUNTY F LOS ANGELES O STREET ADDRess: 111 N. Hill Street MAILING ADDRESS: Same CIlY lIND ZIP CODE: Los Angeles, CA 90012 BRANCH NAME: Central District Certain Underwriters at Lloyd's of London PLAINTIFFIPETITIONER: DEFENDANTIRESPONDENT:AEGLive LLC, et al.
DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS
.
"

CASe NUMBER:

BC462973

THE PEqPLE

Custodian of Records for Westcliff Medical Laboratories, Inc.-818 W. 7th Street, Los Angeles, CA 90017
1. YOU ARE ORDERED TO J=SROi:llJCE THE BUSINESS RECORDS described In Item

OF THE STATE OF CA~F()RNIA!

TO

(name, add~ss, and teltphone number of deponent, ff known): 3. as follows:

i 0 (name of deposition officer): Ronsin Photocopy, Inc. On (date): August 8, 2011 Location (address): 215 S. Lemon Creek Drive,Walnut,
a.

At (time);

CA 91789909/594-5995

10:00 AM ext 293

0.0 not release the requested records to the deposition officer prior to the date and thne stated above. by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed inner wrapper with the title and number of the action, name Ofwitness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and rnailed'to the deposition officer at the address in item 1. b. by delivering a true, legible, and durable copy of the business records described In item 3 to the'dep'osition 'offiCer at the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b), c. DO by making the original business records described in item 3 available for lnspection at your business address by the attorney's representative and permitting copyIng at your business address under reasonable conditions during normal business hours. . 2. The records ara to be produced by the date and time shoWn in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after serVice, whichever date is (ater). Reasonable costs of locating records, making them available or copying them, and postage, if any, are recov~rable as set forth in Evidence Code sectiori 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness purSuant to Evidence Code section 1561.

0

0

3. the records to be produced are described as follows:

See attachment

#3.

CXJ

Continued on Attachment 3.

4.IF YOU HAVE SEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION: HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNeSSES, AND C' SUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUME EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT B FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RE

IP.___------------------A~~~~~tr:---~~:;;;&....----l I~l issued: July 12.2011 ';,! Reid L. Denham, Esg.

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FDm1 Adopted for Manclelory Use Judicial Council 01 Cal~orn!a SUBP.ol0 [Rev. July 1. 2'''·' (TITLE) Page 1 012

DEPOSITION SUBp,OENA FOR PRODUCTION OF BUSINESs RECORDS

Coos orC1v1 Procadure, §§ 2020.410-2020.440; Govarrvnant Code, § 60097.1 WIOW.coultinfo.cagov

EXHIBIT G

u:cisNexiS® Automated California Judicial Council Forms

SUBP-010
~ PLAINTIFFIPETITIONER: DEFENDANTIRESPONDENT:

Certain Underwriters at Lloyd's of London ABO Live LLC,_ et aI.
PROOF OF SERVICE OF DEPOSITION SUBPOENA PRODUCTION OF BUSINESS RECORDS

CASE NUMBER:

BC462973
FOR

1. I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served:

c. Date of delivery: d. Time of delivery: e. (1) {2}

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Wrtness fees were paid. Amount: '" Copying fees were paid. Amount:

$ $ $

f. Fee for service:

2. I received this subpoena for service on (date):

3. Person serving:
a. b. c. d. e. f. Not a registered California process server. California sheriff or marshal. O· Registered California process server. :-Employee or independent contractor of a registered California process server. 0 .Exernpt from registration under Business and Professions Code section 22350{b). 0 Registered professional photocopier. g. Exempt from registration under Business and Professions Code section 22451. h. Name, address, telephone number, and, if applicable, county of registration and number:

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Ideclare under penalty of pe~ury under the laws of the Slate of C·alifomia that the foregoing is true and correct. '.~)Date: I.I~

(For California sheriff or marshal use only) I certify that the foregoing is true and correct. Date:

~::~---------------------(SIGNATURE) SUBP'()10 [Rev. July 1. 2010]

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PROOF OF SERV1CE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

LexfsNexiS® Automated California Judicial Council Forms

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ATTACHMENT 3

DEFINITIONS: The terms "DOCUMENT," "DOCUMENTS," "WRlTINO,'" or "WRITINGS" mean a writing or writings as defmed by California Evidence Code Section 250, and shall include, without limitation, the original (and absent the original, then a copy thereof), all file copies and copies not identical to the original of any writing or record of every type, form, and description that is in the possession, custody, or control of the responding party, or which no longer is in the responding party's possession but of which the responding party still has knowledge, whether or not those writings or records are claimed to be privileged or otherwise immune from discovery, including, by way of illustration and not limitation, the following items: notes, correspondence, communications of any nature (including intra-company communications and correspondence), electronic mail "messages, telegrams, cables, memoranda (including internal memoranda), notebooks of any nature, including laboratory and engineering reports; summaries, minutes and records of telephone conversations, personal conversations or interviews; diaries, routing slips or memoranda, reports (including tests and analysis reports), books, manuals, publications, invoices, specifications, shipping papers, purchase orders, shop instrument output, plans, patterns, drawings, flow charts, schematics, diagrams, photographs of any nature, artists' drawings, sketches, blueprints, minutes or recordings of meetings and conferences, including lists of persons attending meetings or conferences; transcripts of oral testimony or statements; reports and/or summaries of interviews; reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; forecasts; reports of patent searches; patent opinions, analyses or appraisals; agreements and contracts (including all modifications or revisions thereof); reports and/or summaries of negotiations; court papers, labels, tags, placards, fliers, counter cards, brochures, pamphlets, advertisements, advertising layouts, circulars, trade letters, press releases, and translations; presentations, including boards, transparencies, storybooks andlor scripts; drafts of original or preliminary notes on, and marginal comments appearing on, any DOCUMENTS; whether those writings or records are on paper, magnetic disk, tape or other computer or digital storage medium, microfilm, microfiche, floppy, or any other storage or recording medium.
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2. The terms "YOU' and uYOURu shall mean Westcliff Medical Laboratories, including any of "your affiliates, and any and all of your employees, partners, principals, members, directors, officers, employees, agents, representatives, accountants, financial advisors, investigators, consultants, attorneys, and any other person or entity acting on YOUR behalf. 3. "REFER" or "RELATE," or any variant thereof, including, but not limited to, the terms "REFERRlNG TOu and IlRELATINGTO," means in whole or in part evidencing, mentioning, constituting, containing, summarizing, describing, concerning, supporting, contradicting, addressing in any way, or otherwise dealing with the subject matter of the item listed below in which term "REFER" or "RELATEn appears.

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4. The term "COMMUNICATION(S)" shall be construed in the broadest possible sense and shall include, but not be limited to, any transmittal AND/OR receipt of information, whether by chance, prearranged, formal, or informal, and specifically includes conversations in person,
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telephone conversations, letters or memoranda, electronic mail, formal statements, press releases, AND newspaper articles. 5. The term "CORRESPONDENCE" means any exchange of COMMUNICATIONS, including without limitation memoranda, letters, electronic mail, messages sent or received from a wireless device, or other DOCUMENTS among individuals AND entities. 6. The terms "AND" and "OR" shall be construed disjunctively or conjunctively so as to bring within the scope of each item listed below all documents and things that might otherwise be construed to be outside its scope. 7. The singular shall include the plural, and vice versa, so as to make these requests broadly inclusive. 8. Eachitem listed below shall be construed independently and shall not be limited to reference to any other item. 9. If any document demanded herein is withheld pursuant to any objection based upon privilege, identify each document for which the privilege is claimed and state: a. The type of document (letter, report, memoranda, etc.), including any title or identifying number thereon; b. Its date of origin or preparation; c. The name of its author or originator; d. The name of its addressees, if any; e. A brief summary of its substance; and f. A factual and legal basis upon which a privilege is claimed sufficient to permit the Court to adjudicate the yalidity of the claim. 10. If any document demanded to be produced herein was in your possession, custody, or control, but has since been disposed of, lost, discarded, destroyed, or otherwise has become unavailable within four years of the date of this set of demands, please identify which documents were destroyed and state further the identity of the person who ordered them destroyed and the reason for their destruction. 11. Unless otherwise specified, each demanded item shall be produced in the form in which it is ordinarily maintained, preserving searchability, fielded metadata, and any files sent as e-mail attachments.

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ITEMS TO BE PRODUCED
You are hereby required to produce all of the following documents that are now or were formerly in your possession, custody, or control (including documents at any time in the possession, custody, or control of your agents, attorneys, accountants, consultants, and all other persons and entities representing you or acting on your behalf) for the period January 1, 2004, through December 31, 2009;

1. Communications referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958]; alkJa Mark Jones; Req # : R0903507092; Advantage #: 04778141; alkJa Mark Jones; Req # :"R0903507092; Advantage #: 04778141;
2. E-mails referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958]; a/lc/a Mark Jones; Req #: R0903507092; Advantage #: 04778141; 3. Documents referring or relating to Michael Joseph Jackson [Date of Birth 08/29/1958]; a/k/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; 4. Documents referring or relating to insurance, insurance applications, medical- examinations for Michael Joseph Jackson [Date of Birth 08/29/1958]; a/k/a Mark Jones; Req #: R0903507092; Advantage #: 04778141; 5. Documents referring or relating to medical treatment and/or care of Michael Joseph Jackson [Date of Birth 08/29/1958]; a/kIa Mark Jones; Req # : R0903507092; Advantage #: 04778141; including but not limited to: reports, forms; Investigation report(s); Admission and Discharge Summaries; Emergency Room medical records; Emergency Room billing records; Physicians' and Nurses' notes; testing results; Pharmacy and Medication records; Prescription and re-fill records; Laboratory results; Inpatient medical charts and records; Outpatient medical charts and records; Inpatient billing records and Outpatient billing records 6. Documents, including communications regarding or referring to Michael Joseph Jackson [Date of Birth 08/29/1958]; a/lc/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; 7. Any and all DOCUMENTS relied upon by YOU to perform(s) analysis/examination pertaining to MICHAEL JOSEPH JACKSON 08/29/1958]; any toxicology [Date of Birth

8. Docwnents pertaining to the chain of custody for all specimens, samples, evidence, etc., regarding Michael Joseph Jackson [Date of Birth 08/29/1958]; a/lc/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; 'lil
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9. Documents regarding or referring to any toxicology analysis perform/sjed regarding Michael Joseph Jackson [Date of Birth 08/29/1958]; aJk/a Mark Jones; Req # : R0903507092; Advantage #: 04778141;
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10. Documents regarding or referring to any tissue samples/specimens of Michael Joseph Jackson [Date of Birth 08/29/1958]; alk/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; 11. Documents regarding or referring to any physical evidence obtained regarding Michael Joseph Jackson [Date of Birth 08/29/1958]; alk/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; 12. Documents relied upon by YOU to perform(s) any toxicology analysis/examination pertaining to Michael Joseph Jackson [Date of Birth 08/29/1958]; a/k/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; 13. Documents relied upon by YOU to perform(s) any analysis/examination pertaining to Michael Joseph Jackson (Date of Birth 08/2911958]; alk/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; 14. Documents regarding or referring to any communications (either oral or written) between YOU and anyone, pertaining to Michael Joseph Jackson [Date of Birth 08/29/1958]; a/k/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; 15. Docwnents written or relied upon by YOU regarding Michael Joseph Jackson (Date of Birth 08/29/1958]; alk/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; and 16. Any and all other "Writings", as defined by California Evidence Code § 250, that reflect or refer to the Michael Joseph Jackson [Date of Birth 08/29/1958]; a/k/a Mark Jones; Req # : R0903507092; Advantage #: 04778141; for the period January I, 2004, through . December 31, 2009. . California Evidence Code § 250 reads: '''Writing' means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing. any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored."

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PROOF OF SERVICE
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3 Certain Underwriters v. AEG Live LLC. et al .• Case No.: BC461973

Assigned for all purposes to Hon. Malcolm H. Mackey, Dept. 55 Los Angeles Superior Court, Central District, III No. Hill St., Los Angeles, CA 90012; Phone# (213) 974-5683

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I am employed in the county of Los Angeles, State of California. I am over the age of eightee years and not a party to the within entitled action; my business address is 100 N. Barranca Avenue, Suit 1100, West Covina, California 91791.
Production

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On July 12,2011 I served the foregoing document(s) described as Deposition Subpoena for of Business Records placing the true copies thereof enclosed in sealed envelopes addressed as follows: Howard Weitzman Patricia A. Millett Kinsella Weitzman Iser Kump & Aldisert LLP 808 Wilshire Blvd., 3rdFloor Santa Monica, CA 9040 I Tel: (310) 566-9800 Fax: (310) 566-9850
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Attorneys for Defendants, AEG Live LLC and The Michael Jackson Company LLC

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BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at West Covina, California in the ordinary course of business. BY PERSONAL SERVICE: I caused said envelope(s) to be delivered by hand to the office(s) of the addressee(s) noted above. BY FEDERAL EXPRESS: the address(s) noted above. BY FACSIMILE:
I caused said envelope(s) to be sent by Federal Express to

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I caused said document(s) to be transmitted by facsimile during

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BY ELECTRONIC EMAIL: Based on a court or an agreement of the parties to accept service by e-mail or electronic transmission; I caused the documents to be sent to the persons at the email addresses listed in the service list below, I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful during normal business hours of8:00 a.m, to 5:00 p.m, to the addressee(s) noted above. Executed on July 12,2011, at West Covina, California.

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STATE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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•rr WEITZMAN KINSELLA
ISER
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Patricia A. Millett
Direct Diol: (310) 566-9821 E-Moil: pmilletl@kwikolow.com File Number: 10386-00017

.1ALDISERT

KUMP&

LLP

August 1,2011

VIA E-MAIL AND U.S. MAIL
Paul K. Schrieffer Paul K. Schrieffer LLP 100 North Barranca Ave. Suite 1100 West Covina, CA 91791

Re: Dear Paul:

Certain Underwriters at Lloyds v. AEG et al. -- subpoenas for medical records

We are in receipt of the subpoenas served by your office on behalf of the Lloyd's syndicates on the custodians of record for Dr. Edward Kantor, Dr. Arnold Klein, Cherilyn Lee, Dr. Allan Metzgar, Nutrimed Healthcare, WestcliffLaboratories and G and J Gross (dba Mickey Fine Pharmacy) (collectively, the "Medical Subpoenas"). The Medical Subpoenas are plainly invalid because they seek confidential medical records of a consumer, and you failed to comply with the consumer notice requirements set forth in the Code of Civil Procedure. Please be advised that the Estate of Michael Jackson (which holds the physican-patient privilege in the wake of Mr. Jackson's death) I objects to the production of any documents containing confidential information pertaining to Mr. Jackson's medical treatment or health. By copy of this letter, we are advising the subpoenaed parties of the Estate's objections and are directing them to respect the Estate's assertion of the physician-patient privilege. The Estate further objects to the Medical Subpoenas in their entirety on the grounds that they are grossly overbroad and seek information which is neither relevant to the subject matter of the action, nor reasonably calculated to lead to the discovery of admissible evidence thereon. For example, the Medical Subpoenas broadly seek all documents "referring or relating to Michael Joseph Jackson" for the 7 ~ year period from January 1, 2004 to the present.

See, e.g., Hale v. Superior Court,.28 Cal.AppAth 1421, 1424 (1994).

808 'NIlshlle BoIJlevord. a"'FIoor, SonloMonlca, Colitomlo 90401 1 lelephooe: 310.566.9800 I Fox: 310.566.9850 I Website: www.f.v&alow.com

EXHIBIT H

Paul K. Schrieffer August 1,2011 Page 2

There is absolutely no justification for this grossly overbroad request and Lloyd's is not entitled to the documents it seeks. First, as you know, the Estate did not commence this litigation - your clients did. Consequently, the Estate cannot be deemed to have placed Mr. Jackson's medical condition at issue, and the exception to the privilege which may have applied had the Estate done so is irrelevant. See Wegner, Fairbank, Epstein and Chernow, Cal. Prac. Guide: Civil Procedure BeJore Trial (The Rutter Group, Rev. # 1 2006), § 8:2144 C'The § 996 exception applies only if the patient tenders the issue of his or her medical condition. ") Second, even if Lloyd's were entitled to take discovery of certain limited medical information (which the Estate does not concede), it has no right to conduct a scorched earth invasion of Mr. Jackson's privacy. California law is clear that a patient who tenders the issue of his or her health in litigation does so only as to information which relates to the claimed injury. E.g., HallendorJv. Superior Court (Pflibsen), 85 Cal.App.3d 553 (1978) (section 996 waiver "extends only to information relating to the medical conditions in question, and does not automatically open all of a plaintiff's past medical history to scrutiny"). See also Slagle v. Superior Court (Maryon), 211 Cal.App.3d 1309,1313 (1989). In accordance with this authority, the document demands in the Medical Subpoenas are plainly overbroad and improper. Based on your failure to serve the required consumer notices alone, the Medical Subpoenas should be immediately withdrawn. We hereby demand that you immediately do so. Please be advised that, since the physican-patient privilege belongs to the patient and cannot be waived by the medical provider, we fully expect that the witnesses will respect the Estate's objections and refuse to produce any of the requested documents absent a court order or agreement by the parties. I

am generally

available if you want to discuss the matters set forth herein. Very truly yours,

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Patricia A. Millett cc: Mira Hashmall (counsel for Dr. Arnold Klein) Dr. Edward Kantor Cherilyn Lee Dr. Allan Metzgar Herbert Weinberg (counsel for G & J Gross) WestcliffMedical Labs

1 2 3 4 5 STATE OF CALIFORNIA,

PROOF OF SERVICE COUNTY OF LOS ANGELES

At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 808 Wilshire Boulevard, 3rd Floor, Santa Monica, California 90401

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On August 5, 2011, I served the following document(s) described as THIRD PARTY THE ESTATE OF MICHAEL JACKSON'S NOTICE OF MOTION AND MOTION TO 6 QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF MEDICAL RECORDS, OR IN THE ALTERNATIVE FOR A PROTECTIVE ORDER; MEMORANDUM OF 7 POINTS AND AUTHORITIES AND DECLARATION OF PATRICIA A. MILLETT IN SUPPORT THEREOF on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST

Ii BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the 10 persons at the addresses listed above or on the attached Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with 11 Kinsella Weitzman Iser Kump & Aldisert's practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is 12 deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
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Ii BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a courtesy copy of the document(s) to be sent from e-mail address choffman@kwikalaw.com to the persons at the e-mail addresses listed above or on the attached Service List Ii FAX TRANSMISSION: I faxed a courtesy copy of the document(s) to the persons at the fax numbers listed above or on the attached Service List. The telephone number of the sending facsimile machine was 310.566.9850. No error was reported by the fax machine that I used.
BY OVERNIGHT DELIVERY: I enclosed said documentts) in an envelope or package provided by the overnight service carrier and addressed to the persons at the addresses listed above or on the Service List. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight service carrier or delivered such document(s) to a courier or driver authorized by the overnight service carrier to receive documents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 5,2011, at Santa Monica, California.

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Candace E. Hoffman

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I0386.00017nS382.1


1 2 3 4 5 6 7 Mira Hashmall (Also By Email) Miller Barondess, LLP 1999 Ave of the Stars Ste 1000 . Los Angeles, CA 90067 Herbert Weinberg (Also by Email) McGuire Woods 1800 Century Park E 8th Floor Los Angeles, CA 90067 Dr. Edward Kantor 435 N. Bedford Drive Beverly Hills, CA 90210 Cherilyn Lee 232 N. Prairie Avenue Suite 434 Inglewood, CA 90301 Dr. Allan Metzgar 8737 Beverly Boulevard, Suite 203 Los Angeles, CA 90048 Westcliff Medical Laboratories 818 W. 7th Street Los Angeles, CA 90017 Ronsin (Also by Fax) Corporate Office 25 S. Lemon Creek Dr. Walnut, CA 91789 Telephone: Facsimile: (800) 332-7704 (800) 249-2375 (Attorneys for Dr. Arnold Klein) Telephone: (310) 552-4400 Facsimile: (310) 552-8400 Email: mhashmall@millerbarondess.com (Counsel for G & J Gross) Telephone: (310) 315-8200 Facsimile: (310) 315-8210 Email: hweinberg@mcguirewoods.com Paul K. Schrieffer, Esq. (Also by Email) P.K. Schrieffer LLP 100 N. Barranca Avenue Suite 1100 West Covina, CA 91491

SERVICE LIST
(Attorneys for Plaintiff) Telephone: (626) 373.2444 Facsimile: (626) 625.5231 Email: pks@pksllp.com

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10386.00017/75382.1