Preview
Date Filed 3/11/2024 10:30 AM
Superior Court - Hampden
Docket Number
COMMONWEALTH OF MASSACHUSETTS
Hampden, SS. Superior Court
C.A. No. 24CV141
ISOFLEX USA and
NUCMEDCOR (NH) LLC
Petitioners,
v. 03/11/2024
STANTON COLLIER
Respondent.
PETITION FOR ISSUANCE OF DEPOSITION SUBPOENA
PURSUANT TO LETTERS ROGATORY
NOW COME Petitioners ISOFLEX USA and NUCMEDOR (NH) LLC
(“NUCMEDCOR’, together with ISOFLEX the “Petitioners”) by and through their attorneys,
Bernstein, Shur, Sawyer & Nelson, PA, pursuant to M.G.L. c. 223A, § 11, and make the
following Petition for issuance of deposition subpoena pursuant to Letters Rogatory executed by
a New Hampshire Superior Court Judge (attached hereto as Exhibit A). In support thereof the
Petitioners state as follows:
PARTIES
1 Petitioner ISOFLEX is a California corporation, which has its principal place of
business at 3533 Scott Street, San Francisco, California 94123.
2 Petitioner NUCMEDCOR is a New Hampshire limited liability company which
had its principal place of business at 24 Crown St., Nashua, NH 03060.
3 The Petitioners are currently involved in a civil action pending in the Hillsborough
County (New Hampshire) Superior Court, Southern District, Docket No. 226-2022-CV-00083,
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Docket Number
captioned Thomas J. Golembeski, et al v. ISOFLEX USA, et al (hereinafter, the “New Hampshire
Action”).
4 Plaintiff/non-party Thomas J. Golembeski is an individual who resides at 1
Chagnon Lane, Hudson, New Hampshire 03051.
5 Plaintiff/non-party Rodney M. Seaforth is an individual who resides at 33 River
Road, Lowell, Massachusetts 01852.
6 Respondent, Stanton E. Collier (“Attorney Collier”), is a Massachusetts patent
attorney, with a mailing address of PO Box 11, Holyoke, MA 01041.
JURISDICTION AND VENUE
7
This Court has jurisdiction over this action pursuant to G.L. c. 212, § 4.
8 Venue in this county is appropriate pursuant to G.L. c. 223, § 1, as at least one
respondent resides within or has a principal place of business within this county.
FACTS
9 The New Hampshire Action arises out of the purchase of a business RI Consultants,
LLC between the parties to the New Hampshire Action.
10. The Petitioners, as Defendants/Plaintiffs in Counterclaim in the New Hampshire
Action, allege that the Plaintiffs in the New Hampshire Action, made misrepresentations in
connection with the sale of RI Consultants LLC, some of which related to a patent issue handled
by Attorney Collier.
lL. Discovery in the New Hampshire Action indicates that the Respondent to this
petition, Attorney Collier possesses information that is relevant and discoverable in the New
Hampshire Action.
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12. As Attorney Collier does not have an office or residence within the State of New
Hampshire, the assistance of this Court pursuant to G.L. c. 223A, § 11, is necessary.
13. A New Hampshire Superior Court Judge has issued the Letters Rogatory (Exhibit
A) requesting the assistance of this Court in issuing and/or endorsing such process as necessary to
compel the attendance of Attorney Collier at a deposition to testify as to his knowledge concerning
the communications between himself and the Plaintiffs in regard to the New Hampshire Action.
14. Accordingly, pursuant to the attached Letters Rogatory and G.L. c. 223A, § 11, the
Petitioners request that this Court endorse and issue the subpoena for testimony which is attached
hereto as Exhibit B.
WHEREFORE, the Respondents, respectfully request that this Honorable Court:
a. ENDORSE AND ISSUE the subpoena for testimony attached hereto as Exhibit B;
and
GRANT such further relief as it deems just:
Respectfully submitted,
ISOFLEX USA and
NUCMEDCOR (NH) LLC
By their attorneys,
BERNSTEIN, SHUR, SAWYER & NELSON, PA
Dated: March 11, 2024 By:
/s/ Charles M. Wallen, Esq.
Charles M. Wallen, Esq. (BBO #694899)
670 North Commercial Street, Suite 108
PO Box 1120
Manchester, NH 03105-1120
(603) 623-8700
cwallen@bernsteinshur.com
Date Filed 3/11/2024 10:30 AM
Superior Court - Hampden
Docket Number
EXHIBIT A
Date Filed 3/11/2024 10:30 AM
Superior Court - Hampden
Docket Number Filed
File Date: 1/22/2024 6:15 PM
Hillsborough Superior Court Southern District
E-Filed Document
THE STATE OF NEW HAMPSHIRE
HILLSBOROUGH, SS. SUPERIOR COURT
SOUTHERN DISTRICT
THOMAS J. GOLEMBESKI, et al.
Vv.
ISOFLEX USA, et al.
Docket No. 226-2022-CV-00083
MOTION TO APPOINT COMMISSIONER PURSUANT
TO RSA 517:15 TO TAKE DEPOSITIONS OUT OF STATE
NOW COME _ Defendants, ISOFLEX USA and NUMEDCOR (NH), LLC
(“Defendants”), by and through their attorneys, Bernstein, Shur, Sawyer & Nelson, PA and
pursuant to RSA 517:15, request that the Court appoint a commissioner to take depositions
outside this state, for use in the above-captioned case which is pending in this Court. The
depositions shall be for discovery and/or for use at trial as permitted by the Court. In support of
its motion, the Defendants state as follows:
1 This matter involves various claims and counterclaims set forth in the Plaintiffs’
Complaint and Defendants’ Counterclaim.
2. Stanton E. Collier (‘Attorney Collier”), a Massachusetts patent attorney, with a
mailing address of PO Box 11, Holyoke, MA 01041, possesses information discoverable in the
above-captioned matter according to communications between Attorney Collier and the Plaintiffs
which were produced in connection with the instant action.
3 Attorney Collier does not have an office in New Hampshire, the Defendants
request that this Court appoint a suitable commissioner for the taking of the out-of-state
deposition of Stanton E. Collier pursuant to RSA 517:15. Granted
Sr
Honorable Charles S. Temple
February 2, 2024
lerk's Notice of Decision
This is a Service Document For Case: 226-20; -CV-00'
Hillsborough Superior Court Southern ment Sent to Parties
2/2/2024 10:55 AM On 02/02/2024
Date Filed 3/11/2024 10:30 AM
Superior Court - Hampden
Docket Number
4 Charles M. Wallen, Esquire of Bernstein, Shur, Sawyer & Nelson, PA, 670 North
Commercial Street, Suite 108, PO Box 1120, Manchester, New Hampshire 03105-1120, is
admitted to the Bar in Massachusetts and is a suitable person to be authorized to take the
deposition of Attorney Collier under RSA 517:15.
WHEREFORE, Defendants respectfully requests that this Court:
A Grant the Motion to Appoint Charles M. Wallen, Esquire as a foreign
commissioner under RSA 517:15 for taking out-of-state depositions under in the
Commonwealth of Massachusetts for use in connection with this matter; and
Grant such other relief as is just.
Respectfully submitted,
ISOFLEX USA and
NUCMEDCOR (NH), LLC
By their attorneys,
BERNSTEIN, SHUR, SAWYER & NELSON, PA
Dated: January 22, 2024 /s/ Matthew J, Delude, Esq.
Matthew J. Delude, Esq. (N.H. Bar No. 18305)
670 North Commercial Street, Suite 108
PO Box 1120
Manchester, NH 03105-1120
(603) 623-8700
mdelude@bernsteinshur.com
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has this day been delivered via the
Court’s Electronic Filing System to all parties of record and that I have mailed or emailed a copy
of this document to all other interested parties.
Dated: January 22, 2024 /s/ Matthew J, Delude, Esg.
Matthew J. Delude, Esq., (N.H. Bar No. 18305)
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Superior Court - Hampden
Docket Number
EXHIBIT B
Date Filed 3/11/2024 10:30 AM
Superior Court - Hampden
Docket Number
COMMONWEALTH OF MASSACHUSETTS
Hampden, SS. Superior Court
C.A. No.
ISOFLEX USA, et al
Petitioners,
v.
STANTON COLLIER
Respondent.
ORDER ALLOWING ISSUANCE OF DEPOSITION SUBPOENA
This action came before the Court upon ISOFLEX USA and NUCMEDOR (NH)
LLC’s Petition for Issuance of Deposition Subpoena upon Stanton E. Collier. Therefore,
consideration thereof it is:
ORDERED AND ADJUDGED:
That deposition subpoena issue upon Stanton E. Collier.
BY THE COURT,
DATED:
Preview
Date Filed 3/11/2024 10:30 AM Superior Court - Hampden Docket Number COMMONWEALTH OF MASSACHUSETTS Hampden, SS. Superior Court C.A. No. 24CV141 ISOFLEX USA and NUCMEDCOR (NH) LLC Petitioners, v. 03/11/2024 STANTON COLLIER Respondent. PETITION FOR ISSUANCE OF DEPOSITION SUBPOENA PURSUANT TO LETTERS ROGATORY NOW COME Petitioners ISOFLEX USA and NUCMEDOR (NH) LLC (“NUCMEDCOR’, together with ISOFLEX the “Petitioners”) by and through their attorneys, Bernstein, Shur, Sawyer & Nelson, PA, pursuant to M.G.L. c. 223A, § 11, and make the following Petition for issuance of deposition subpoena pursuant to Letters Rogatory executed by a New Hampshire Superior Court Judge (attached hereto as Exhibit A). In support thereof the Petitioners state as follows: PARTIES 1 Petitioner ISOFLEX is a California corporation, which has its principal place of business at 3533 Scott Street, San Francisco, California 94123. 2 Petitioner NUCMEDCOR is a New Hampshire limited liability company which had its principal place of business at 24 Crown St., Nashua, NH 03060. 3 The Petitioners are currently involved in a civil action pending in the Hillsborough County (New Hampshire) Superior Court, Southern District, Docket No. 226-2022-CV-00083, Date Filed 3/11/2024 10:30 AM Superior Court - Hampden Docket Number captioned Thomas J. Golembeski, et al v. ISOFLEX USA, et al (hereinafter, the “New Hampshire Action”). 4 Plaintiff/non-party Thomas J. Golembeski is an individual who resides at 1 Chagnon Lane, Hudson, New Hampshire 03051. 5 Plaintiff/non-party Rodney M. Seaforth is an individual who resides at 33 River Road, Lowell, Massachusetts 01852. 6 Respondent, Stanton E. Collier (“Attorney Collier”), is a Massachusetts patent attorney, with a mailing address of PO Box 11, Holyoke, MA 01041. JURISDICTION AND VENUE 7 This Court has jurisdiction over this action pursuant to G.L. c. 212, § 4. 8 Venue in this county is appropriate pursuant to G.L. c. 223, § 1, as at least one respondent resides within or has a principal place of business within this county. FACTS 9 The New Hampshire Action arises out of the purchase of a business RI Consultants, LLC between the parties to the New Hampshire Action. 10. The Petitioners, as Defendants/Plaintiffs in Counterclaim in the New Hampshire Action, allege that the Plaintiffs in the New Hampshire Action, made misrepresentations in connection with the sale of RI Consultants LLC, some of which related to a patent issue handled by Attorney Collier. lL. Discovery in the New Hampshire Action indicates that the Respondent to this petition, Attorney Collier possesses information that is relevant and discoverable in the New Hampshire Action. Date Filed 3/11/2024 10:30 AM Superior Court - Hampden Docket Number 12. As Attorney Collier does not have an office or residence within the State of New Hampshire, the assistance of this Court pursuant to G.L. c. 223A, § 11, is necessary. 13. A New Hampshire Superior Court Judge has issued the Letters Rogatory (Exhibit A) requesting the assistance of this Court in issuing and/or endorsing such process as necessary to compel the attendance of Attorney Collier at a deposition to testify as to his knowledge concerning the communications between himself and the Plaintiffs in regard to the New Hampshire Action. 14. Accordingly, pursuant to the attached Letters Rogatory and G.L. c. 223A, § 11, the Petitioners request that this Court endorse and issue the subpoena for testimony which is attached hereto as Exhibit B. WHEREFORE, the Respondents, respectfully request that this Honorable Court: a. ENDORSE AND ISSUE the subpoena for testimony attached hereto as Exhibit B; and GRANT such further relief as it deems just: Respectfully submitted, ISOFLEX USA and NUCMEDCOR (NH) LLC By their attorneys, BERNSTEIN, SHUR, SAWYER & NELSON, PA Dated: March 11, 2024 By: /s/ Charles M. Wallen, Esq. Charles M. Wallen, Esq. (BBO #694899) 670 North Commercial Street, Suite 108 PO Box 1120 Manchester, NH 03105-1120 (603) 623-8700 cwallen@bernsteinshur.com Date Filed 3/11/2024 10:30 AM Superior Court - Hampden Docket Number EXHIBIT A Date Filed 3/11/2024 10:30 AM Superior Court - Hampden Docket Number Filed File Date: 1/22/2024 6:15 PM Hillsborough Superior Court Southern District E-Filed Document THE STATE OF NEW HAMPSHIRE HILLSBOROUGH, SS. SUPERIOR COURT SOUTHERN DISTRICT THOMAS J. GOLEMBESKI, et al. Vv. ISOFLEX USA, et al. Docket No. 226-2022-CV-00083 MOTION TO APPOINT COMMISSIONER PURSUANT TO RSA 517:15 TO TAKE DEPOSITIONS OUT OF STATE NOW COME _ Defendants, ISOFLEX USA and NUMEDCOR (NH), LLC (“Defendants”), by and through their attorneys, Bernstein, Shur, Sawyer & Nelson, PA and pursuant to RSA 517:15, request that the Court appoint a commissioner to take depositions outside this state, for use in the above-captioned case which is pending in this Court. The depositions shall be for discovery and/or for use at trial as permitted by the Court. In support of its motion, the Defendants state as follows: 1 This matter involves various claims and counterclaims set forth in the Plaintiffs’ Complaint and Defendants’ Counterclaim. 2. Stanton E. Collier (‘Attorney Collier”), a Massachusetts patent attorney, with a mailing address of PO Box 11, Holyoke, MA 01041, possesses information discoverable in the above-captioned matter according to communications between Attorney Collier and the Plaintiffs which were produced in connection with the instant action. 3 Attorney Collier does not have an office in New Hampshire, the Defendants request that this Court appoint a suitable commissioner for the taking of the out-of-state deposition of Stanton E. Collier pursuant to RSA 517:15. Granted Sr Honorable Charles S. Temple February 2, 2024 lerk's Notice of Decision This is a Service Document For Case: 226-20; -CV-00' Hillsborough Superior Court Southern ment Sent to Parties 2/2/2024 10:55 AM On 02/02/2024 Date Filed 3/11/2024 10:30 AM Superior Court - Hampden Docket Number 4 Charles M. Wallen, Esquire of Bernstein, Shur, Sawyer & Nelson, PA, 670 North Commercial Street, Suite 108, PO Box 1120, Manchester, New Hampshire 03105-1120, is admitted to the Bar in Massachusetts and is a suitable person to be authorized to take the deposition of Attorney Collier under RSA 517:15. WHEREFORE, Defendants respectfully requests that this Court: A Grant the Motion to Appoint Charles M. Wallen, Esquire as a foreign commissioner under RSA 517:15 for taking out-of-state depositions under in the Commonwealth of Massachusetts for use in connection with this matter; and Grant such other relief as is just. Respectfully submitted, ISOFLEX USA and NUCMEDCOR (NH), LLC By their attorneys, BERNSTEIN, SHUR, SAWYER & NELSON, PA Dated: January 22, 2024 /s/ Matthew J, Delude, Esq. Matthew J. Delude, Esq. (N.H. Bar No. 18305) 670 North Commercial Street, Suite 108 PO Box 1120 Manchester, NH 03105-1120 (603) 623-8700 mdelude@bernsteinshur.com CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing pleading has this day been delivered via the Court’s Electronic Filing System to all parties of record and that I have mailed or emailed a copy of this document to all other interested parties. Dated: January 22, 2024 /s/ Matthew J, Delude, Esg. Matthew J. Delude, Esq., (N.H. Bar No. 18305) Date Filed 3/11/2024 10:30 AM Superior Court - Hampden Docket Number EXHIBIT B Date Filed 3/11/2024 10:30 AM Superior Court - Hampden Docket Number COMMONWEALTH OF MASSACHUSETTS Hampden, SS. Superior Court C.A. No. ISOFLEX USA, et al Petitioners, v. STANTON COLLIER Respondent. ORDER ALLOWING ISSUANCE OF DEPOSITION SUBPOENA This action came before the Court upon ISOFLEX USA and NUCMEDOR (NH) LLC’s Petition for Issuance of Deposition Subpoena upon Stanton E. Collier. Therefore, consideration thereof it is: ORDERED AND ADJUDGED: That deposition subpoena issue upon Stanton E. Collier. BY THE COURT, DATED: