Preview
FILED: NEW YORK COUNTY CLERK 11/05/2014 11:49 AM INDEX NO. 161008/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/05/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
#;-M;;
Ad Testificandum
;,;ffi;;
and/or
iffiffi;;;;;
for a Protective.
I
Order
ROBERT KNEBEL (incorrectly named as
..ROBERT KANEVAL"),
AFFIRMATION.
Petitioner,
- against - Index No.:
IKE JIULTN-SHYONG HUNG,
Respondent.
------------x
DOUGLAS M. JONES, ESQ., an attorney duly admitted to practice lar,vbefore the Courts
of the State of New York affirms the truth of the following statements subject to penalty of perjury
pursuant to CPLR $ 2106:
1. I am the attorney for ROBERT KNEBEL, incorrectly named in the Subpoena as
"ROBERT KANEVAL" (hereinafter "KNEBEL" or Petitioner).
2. I am fully familiar with the facts and pleadings in this case as well as the factual
matters stated herein. I make this Affirrnation in support of the within application before this
Court.
3. This is a Special Proceeding to seeking a Temporary Restraining Order and a Final
Order quashing the Subpoena.
THE.SUBPOENA
4. As stated in the attached Affidavit of KNEBEL, he found a Califomia
"SUBPOENA AD TESTIFICANDUM" from Meyer, Olson, Lorvy & Meyers, LLP, Attorneys for
IKE JIUI-IN-SHYONG HLrNG (hereinafter the "The Subpoena") on the interior stairs of his
residence late in the evening on October 30,2014. A copy of The Subpoena is annexed hereto and
designated as Exhibit "1".
5. The Subpoena is invalid on its face and is othervvise improper in that:
a. It is not stated on the face of The Subpoena, nor in any papers attached to The
Subpoena what matters KNEBEL will be questioned about or the content of the
information that is being sought as required by CPLR $ 3l 19" See In Re Kapon,
23 N.Y.3d 32 (2014).
b. The Subpoena has not been properly served upon KNEBEL * CPLR $ 3119(c)
requires that a subpoena issr"redunder $ 31 l9 must be served in the sams manner
as a summons.
c. The Subpoena improperly demands that KNEBEL appear for deposition on
Saturday.
d. The Subpoena improperly demands that KNEBEL appear for deposition in New
York County when The Subpoena \^,as issued by the Orange County Clerk and
KNEBEL's residence is located in Orange Count-v, New York.
e. The Subpoena does not contain the names, addresses and telephone numbers of
all counsel of record in the proceeding to which the subpoena relates and of any
party not represented by counsel as required by CPLR $ 31 19(bx3xii).
f. The Subpoena was signed by the Orange County Clerk on October l4,20l4,but
was not discovered by KNEBEL until October 30,2014. To date, no mailing
has been received by KNEBEL and service cannot be complete.
A. Venue.
6. CPLR $ 3119(e) states that an application to the court for a protective order or to
enforce, quash, or modifu a subpoena issued under $ 3119 must be submitted to the courtin the
county in which discovery is to be condttcted.
7. Since The Subpoena improperly demands KNEBEL's appearance in New York
County, this application has been commenced in New York County.
8. Petitioner asserts that the proper venue for this matter should be Orange County
New York as Petitioner resides in Orange Counfy and The Subpoena was issued by the Orange
County Clerk.
B. The Subpoena has not been Properly Served.
9. CPLR $ 3119(c) requires that a subpoena issued under $ 3119 must be served in
compliance with CPLR $ 2303.
10. CPLR $ 2303(a) mandates that a subpoena requiring attendance "shall be served in
the same manner as a surnmons". Here, Respondent has not complied with CPLR $ 2303(a).
11. The Affidavit of KNEBEL states that The Subpoena was not personally delivered to
him, rather, he found it in the interior of his residence. It is not clear how The Subpoena arrived at
his residence and he has not received a copy of The Subpoena by mail.
12. Accordingly, it is submitted that service of the Subpoena could not have been
proper and jurisdiction to compel KNEBEL to testifu has not been obtained by Respondent.
13. The Subpoena is dated October 14, 2014, but was apparently not delivered to
Petitioners residence until October 30, 2014.
C. The Subpoena is Facially Invalid.
14. If this Cowt finds that The Subpoena has been properly served, KNEBEL
challenges the sufficiency of The Subpoena. In In Re Kapon, 23 N.Y.3d 32, 38 (2A14, the Court of
Appeals held that the "material and necessary" standard of CPLR 3101 requires that, so long as the
disclosure sought from the nonparty witness is relevant to the prosecution or defense of an action,
it must be provided by the nonparty.
15. The In Re Kapon Court also held that CPLR $ 3101 (a) (4)'s notice requirement
nonetheless obligates the subpoenaing party to state, either on the face of the subpoena or in a
notice accompanying it, "the circumstances or reasons such disclosure is sought or required." The
subpoenaing party must include that information in the notice in the first instance, lest it be subject
to a challenge for facial insufficienc), (citation omitted). U. at39. (emphasis added)
16. In In Re Kapon, the Court found that the subpoenas there plainly satisfied the notice
requirement. There, affixed to the subpoena, was a copy of the amended complaint in the
California action, detailing the relationship between the parfy issuing the subpoena and the
nonparty witness. The notice served the function intended by the legislature: it gave petitioners
sufYrcient information to challenge the subpoenas on a motion to quash. Id.
17. The subpoenaing party's notice obligation is meant to apprise the nonparty witness
of the "circumstances or reasons" why the requested disclosure is sought or required. 1af.
18. The Court in In Re Kapon, in footnote 3, advised, "[t]his is not to say that a pleading
will always provide sufficient notice, or that the only way the subpoenaing party can comply with
the "circumstances or reasons" notice requirement is to affix a copy of the pleadings to the
subpoena." Icl. at39.
19. However, in the case at bar, The Subpoena fails to provide any "circumstances or
reasons" for the nonparty deposition and is, therefore, insufficient on its face.
20. Moreover, CPLR $ 3119(bx3)(ii) requires that a subpoena issued in accordance
with that section must contain the names, addresses and telephone numbers of all counsel of record
in the proceeding to which the subpoena relates and of any party not represented. The Subpoena at
issue here fails to state the names of any other attomeys to the California proceeding. Specifically,
there is no reference to the attorneys for Angela Marie Hung or Angela Marie Clement or whether
they are not represented.
D. The Subpoena Requires Attendance at a Deposition on a Saturday in New York
County.
21. If this Court finds that The Subpoena has been properly served, and is sufficient on
its face, KNEBEL challenges the date and time set forth for KNEBEL's deposition in The
Subpoena.
22. The Subpoena demands that KNEBEL appear for deposition on Saturday,
November 8,2014 at 10:00 am in New York County.
23. As set forth in the KNEBEL Affidavit, he resides at 39 Paradise Lane, Warwick,
New York 10990.
24. I believe, and I have been advised by my attorney, that The Subpoena is improper
and I request that The Subpoena be quashed for the reasons stated above and for the reasons set
forth at length in the Affirmation of my attorney Douglas M. Jones, Esq..
25. Thus, the balance of equities overwhelmingly favors granting Petitioner a
Temporary Restraining Order and his motion to quash The Subpoena should be granted.
26. No prior or similar relief has been requested by the Defendants or granted by any
other court.
Dated: Goshen, New York
November 4,2014
DOUGLAS M. JONES, ESQ
SUPREME COURT OF THE STATE OF NEW YORK
COLINTY OF NEW YORK
-----x
In the Matter of a Petition to Quash Subpoena
Ad Testificandrtm and/or for a Protective Order AFFIDAVIT
ROBERT KNEBEL (incorrectly named as "ROBERT
KANEVAL"),
Petitioner. Index No.
-against-
IKE JIULTN.SHYONG I{UNG,
Respondent.
STATE OF NEW YORK )
)SS.:
coLrNTY OF ORANGE )
ROBERT KNEBEL, being duly sworn deposes and says:
i. I make this Affirmation in Support of the instant Order to Show Cause for the stated
relief.
2. I found a copy of a California "SUBPOENA AD TESTIFICANDUM"'from Meyer,
Olson, Lowy & Meyers, LLP, Attomeys for IKE JIULJN-SHYONG r{LrNG (hereinafter the "The
Subpoena") on the interior stairs of my residence late in the evening on October 30,2414. A copy
of The Subpoena is annexed hereto and designated as Exhibit "l".
3. The Subpoena demands that I appear for deposition on Saturday, November 8,2014
at l0:00 arn.
4. The person named on The Subpoena is "ROBERT KANEVAL". My name is
ROBERT KNEBEL.
5. The Subpoena lists 39 Paradise Lane, Warwick, New York 10990 as the address.
That is my correct address.
6. To date, I have not been handed a copy ofThe Subpoena by any individual.
7. To date, I have not received a copy of The Subpoena by mail.
8. It is not stated on the face of The Subpoena, nor in any papers attached to The
Subpoena what matters I will be questioned about or the content of the information that is being
sought.
9. I am advised by my attorney that it is not proper to require me to appear in New
York County for a deposition when my residence is located in Orange Counfy, New York.
10. I am advised by my attomey that it is not proper to require me to appear for a
deposition on a Saturday.
I l. I am advised by my attorney that The Subpoena does not contain the names,
addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena
telates and of any parry not represented by counsel as required by CPLR $ 31 19.
12. I believe, and I have been advised by my attomey, that The Subpoena is improper
and I request that The Subpoena be quashed for the reasons stated above and for the reasons set
forth at length in the Affirmation of my attorney Douglas IV[. Jones, Esq..
Sworn to before me this 3'd
vember 2014
NOTdRY PUBLIC
Notary Public, State of Nerv York
No.02J06229979
Qualified in Orange County
Commission Expires October 25, 2016
{(
trxhibit 1)?
1 Mriyrur, Ousc-rx, l,owy & Mt:ycRs, t-l.t,
10100 Surrta Morrica lloulevirrl,.Suitc1,t25
2 l,r:s Angclcs, Cali[ornia 90067
"fcl; (310) 277-97,17
3 Irnr: (lll0)277-tr8,17
4 Lisa Helfend Meyor, Esq,, State Bar No. '106105
Benjamin Valencia ll, Esq,, Stats Bar No. 217311
tr
Attorneys for Petitioner,
o IKE JIUUN.SHYONG HUNG
I
o SUPERIOR COURT OF THE STATE OF CALIFORNIA
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I FOR THE COUNry OF LOS ANGELES
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11 ln re the Marriage of Case No.: BD 603806
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.t(J 12 Petitioner: IKE JIUUN-SHYONG HUNG
U)u sug PgEr$A .Ap rESfl FlcAN pu.u
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2*j 14 Respondent: ANGELA MARIE HUNG
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'2 16 THE STATE OF CALIFORNIA, TO: ROBERT KANEVAL
z-;
^ Lr)
39 PARADISE LANE
17 WARWICK, NEW YORK
-i >
1 0990
o 18
ca
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>': 19 YOU ARE HEREBY COMMANDED to attend and give testimony before the above
tl ; named attorneys at the Four Seasons Hotel, 57 E, 57th Street, New York, New York,
EX 2A 1AA22, on Saturday, Novembet 8,2014, at 10:00 a,m., on the part of Petitioner in the
above-entitled action,
21
: Failure to appear according to the command of this Subpoena will subject you to a
22
penalty, damages in a civil suit, and punishment for contempt of Court
ar)
LJ
24 Dated: october 6,2414 MEYER, OLSON, LOWY & MEYERS, LLP
25
to
/. I elfend Meyer, Esq,
Attorneys for Petitioner,lKE JIUUN-SHYONG
28 HUNG
AI-IORNEv OB PARTY \!lTHoUT ATTOBNEY
{Ndmd, Sld,o Ear rurnbsl, and Bddruss}: FOR COUR| USE ONLY
Lisa Helfeno Mever, SBN: 106105
Benjamin Valeniia it,SgN 217311
ri,tevei, oison, lowv iiMevers. Lup
10{00 Santa Moniia Boulbvard,suite 1425
Los Anqeles, CA 90067
rurlrno*riro. (310) 277 -9747 FA.xNo.
roprio,a,):
1310) 277-4847
E.MAIL AD0RESS lO ptional):
itioner,IKE JIUUN-SHYONG H
supERreR couRT oF cALrFoRNrA,
,1
counw or LOS ANGELES
STR€ETAOORE8S, 11 NOTth HiII StTCEt
1 1 1 North Hill street
raArLrNc AoosESs,
crryANDzrpcoDE: Los Angeles, CA 90012
CENTTAI DiStTiCt
EfiANCH NAME;
PLAINTIFF/ PETITIONER: IKE JIUUN-SHYONG HUNG
DEFENDANTI RESPONOENTI ANGELA MARIE CLEMENT
DEPOSITION SUBPOENA CASE NUMBER;
FOR PERSONAL APPEARANCE BD 603806
THE PEOPLE OF THE STATE OF CALIFORNIA, TO {name, address, and telephone number of deponent, lf known)t,
Robert Kaneval, 39 Paradise Lane, Warwick, New York, 10990
YOU ARE ORDERED TO APPEAR IN PERSON TO TEETIFY AS A WITNES$ In thls ActioN at thA date, time, and placel
Date: November 8, 2014 Time: 10:00 a.m, Address: Four $easons Hotel, 57 E. 57th
Street, NY, NY 14022
to testify on your behalf as
[-- ..j es a deponent who is not a natural person, you are ordered to designate one or more persons
to the mattors describedin item 2, (Code Clv. Proc,, $ 2025.230,)
i-1i fniu deposilion willbo recorded stenographically [f,) frrougn tha inatant visual display of testimony
and by f-*i audlotape l;] videotape.
iX,l fnis videotape deposition 202t.620(d).
is intended for possible use at trlal under Code of Civil Procedure section
-.-l
2,L of a business or other entity, the malters upon whlch the wilnoss is to be examined are as
tn* witness ia a representative
tt
follows:
you will bo askad gueslrons undor oalh. Queslrbns
3. At the doposition, and answens aro racordad stonographioally at lho deposition;
tater they ars transcribed for possible use at trial. Yau may raad llts witton
racord and change any inconscl answers balore you
You are enlitlad to roceive ryrlnoss foes and mileago actually traveled balh ways. The money musl bo paid, at
sign tho deposltion,
lhe option of tha parly giving notlce of lhe deposition, eilhor with sorylco of lhis subpoana
or at tha timo of lho depositlon,
Unless the
courl otders ar you agroa athewise,if you ara belng deposod as an individual, lba deposition must tako p{aca within 75 miles ol your
residenca or within 150 miles of your iesidanca
!! the daposition will ba taken within the oounly af the courl whoro tba actian is
pending. The localion is govamad by Code of Clvil Procedura section 2025,250,
of the depasition for all dapononts
DISOBEOIENCE OF TH'S SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $5OO AND ALL DAMAGES RESULTING FROM YOUR FA'LURE TO OBEY
Date issued:September 25,2014
Lisa.Helfend_Mevqr. SBN: 108105
(TYPE OR PR'NI NAMEI
.* .
tTITLE)
(Ploof o{ servlce on revelss} ol
Pad6 1 2
Form ndoptod lo, Msodalory Uso DEPOSITION SUBPOENA Cod6 o, CiYrl Proc€duro $5 2020.310,
Judicral Couflcil ol Cauornia 2025.220, 2025.230. 2025.250. 2025.610
SUSP415 lRsv J?^uery 1.2CO0l FOR PERSONAL APPEARANCE Govornmenl CodB. S 66097.1
4
I
lvlRvtlt, Ot-sctN, Lowy & Mtiv[Rs, t,t,t'
10100 Santa Monica lloulctitrd,Suite 1,12.5
2 Los Artgclcs, Calilbnril 900{i7
'ltL (310) 277-97,17
t Fax: (310) 277,18,17
4 Lisa Helfend Meyer, Esq,, State Bar No, 106105
Benjamin Valencla ll, Esq., State Bar No. 21731 1
5 Attorneys for Petilioner, I KEJ IUUN-SHYONG HU NG
b
7 Clerk Annie Rabbitt
Orange Gounty Clerk
8 Orange County Clerk's Office
n
Parry Building
U 4 Glenmere Cove Road
Goshen, NY 10924
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.; 12 STATE OF NEW YORK, COUNTY OF ORANGE County Clerk Log No.
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l,< In the Matter Case No,: BD 603806
5614
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dd The Application for the lssuance of Subpoena
>R
>* 15 for Service Upon Robefi Kaneval
niform lnterstate
Ou
J: ro ln a Certain Action Entltled: ositions and Discovery Act and
? CPLR $31 1 e)
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17 ln re the Marriage of
Originating State: California
o618 Petitioner: IKE JIUUN-SHYONG HUNG Originating County: Los Angeles
Originating Court: Los Angeles
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1e And Superior
Originating
Coutt
Case No: BD 603804
";; zo Respondent ANGELA MARIE HUNG
321
O
Now pending in the Superior Court of
: California, County of Los Angeles
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Page 1 of 2
1 SUBPOENA AD TESTIFICANDUM
Pursuant to the Uniform lnterstate Depositions and Discovery Act
2 (Personal Appearance Required)
3
THE STATE OF NEW YORK TO: ROBERT KANEVAL
4 39 PARADISE LANE
WARWICK, NY
5 1 0990
b
YOU ARE HEREBY COMMANDED to attend and give testimony before the above
7
named attorneys at the Four Seasons Hotel, 57 E. 57th Stieet, New York, New York,
I 10A22, on Saturday, November 8, 2014, at 10:00 a.rn., on the part of Petitioner in the
above-entitled action.
N
I
Failure to appear according to the command of this Subpoena will subject you to a
310 penalty, damages in a civil suit, and punishment for contempt of Court.
,I
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COLINTY OF NEW YORK
In the Matter of a Petition to Quash Subpoena
Ad Testificandum and/or for a Protective Order
ROBERT KNEBEL (incorrectly named as "ROBERT
KANEVAL'),
Petitioner,
-against-
IKE JIUUN.SHYONG HUNG,
Respondent.
oRpER Tp SH-OW CAUSE
DOUGLAS M. JONES, ESQ.
Attorneyfor Defendant
l8 Scotchtown Avenue
P.O. Box I032
Goshen, New York 10924
(845) 629-4s67
Fax (845) 926-3465
e-mail: dmj@dmjesq.com
Pttrsuant to 22 NYCRR 130-1.1, the undersigned, an dttorney admitted to practice in the courts of New York
State, certifiesthat upon information and beliefand reasonable inquiry, the contentiogqcontained in the annexed documeTlt are
not frivolous.
Dated: November 4,2AI4
Service of a copy. of the within is hereby admitted.
Dated:
Attorney(s) for
Preview
FILED: NEW YORK COUNTY CLERK 11/05/2014 11:49 AM INDEX NO. 161008/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/05/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK #;-M;; Ad Testificandum ;,;ffi;; and/or iffiffi;;;;; for a Protective. I Order ROBERT KNEBEL (incorrectly named as ..ROBERT KANEVAL"), AFFIRMATION. Petitioner, - against - Index No.: IKE JIULTN-SHYONG HUNG, Respondent. ------------x DOUGLAS M. JONES, ESQ., an attorney duly admitted to practice lar,vbefore the Courts of the State of New York affirms the truth of the following statements subject to penalty of perjury pursuant to CPLR $ 2106: 1. I am the attorney for ROBERT KNEBEL, incorrectly named in the Subpoena as "ROBERT KANEVAL" (hereinafter "KNEBEL" or Petitioner). 2. I am fully familiar with the facts and pleadings in this case as well as the factual matters stated herein. I make this Affirrnation in support of the within application before this Court. 3. This is a Special Proceeding to seeking a Temporary Restraining Order and a Final Order quashing the Subpoena. THE.SUBPOENA 4. As stated in the attached Affidavit of KNEBEL, he found a Califomia "SUBPOENA AD TESTIFICANDUM" from Meyer, Olson, Lorvy & Meyers, LLP, Attorneys for IKE JIUI-IN-SHYONG HLrNG (hereinafter the "The Subpoena") on the interior stairs of his residence late in the evening on October 30,2014. A copy of The Subpoena is annexed hereto and designated as Exhibit "1". 5. The Subpoena is invalid on its face and is othervvise improper in that: a. It is not stated on the face of The Subpoena, nor in any papers attached to The Subpoena what matters KNEBEL will be questioned about or the content of the information that is being sought as required by CPLR $ 3l 19" See In Re Kapon, 23 N.Y.3d 32 (2014). b. The Subpoena has not been properly served upon KNEBEL * CPLR $ 3119(c) requires that a subpoena issr"redunder $ 31 l9 must be served in the sams manner as a summons. c. The Subpoena improperly demands that KNEBEL appear for deposition on Saturday. d. The Subpoena improperly demands that KNEBEL appear for deposition in New York County when The Subpoena \^,as issued by the Orange County Clerk and KNEBEL's residence is located in Orange Count-v, New York. e. The Subpoena does not contain the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel as required by CPLR $ 31 19(bx3xii). f. The Subpoena was signed by the Orange County Clerk on October l4,20l4,but was not discovered by KNEBEL until October 30,2014. To date, no mailing has been received by KNEBEL and service cannot be complete. A. Venue. 6. CPLR $ 3119(e) states that an application to the court for a protective order or to enforce, quash, or modifu a subpoena issued under $ 3119 must be submitted to the courtin the county in which discovery is to be condttcted. 7. Since The Subpoena improperly demands KNEBEL's appearance in New York County, this application has been commenced in New York County. 8. Petitioner asserts that the proper venue for this matter should be Orange County New York as Petitioner resides in Orange Counfy and The Subpoena was issued by the Orange County Clerk. B. The Subpoena has not been Properly Served. 9. CPLR $ 3119(c) requires that a subpoena issued under $ 3119 must be served in compliance with CPLR $ 2303. 10. CPLR $ 2303(a) mandates that a subpoena requiring attendance "shall be served in the same manner as a surnmons". Here, Respondent has not complied with CPLR $ 2303(a). 11. The Affidavit of KNEBEL states that The Subpoena was not personally delivered to him, rather, he found it in the interior of his residence. It is not clear how The Subpoena arrived at his residence and he has not received a copy of The Subpoena by mail. 12. Accordingly, it is submitted that service of the Subpoena could not have been proper and jurisdiction to compel KNEBEL to testifu has not been obtained by Respondent. 13. The Subpoena is dated October 14, 2014, but was apparently not delivered to Petitioners residence until October 30, 2014. C. The Subpoena is Facially Invalid. 14. If this Cowt finds that The Subpoena has been properly served, KNEBEL challenges the sufficiency of The Subpoena. In In Re Kapon, 23 N.Y.3d 32, 38 (2A14, the Court of Appeals held that the "material and necessary" standard of CPLR 3101 requires that, so long as the disclosure sought from the nonparty witness is relevant to the prosecution or defense of an action, it must be provided by the nonparty. 15. The In Re Kapon Court also held that CPLR $ 3101 (a) (4)'s notice requirement nonetheless obligates the subpoenaing party to state, either on the face of the subpoena or in a notice accompanying it, "the circumstances or reasons such disclosure is sought or required." The subpoenaing party must include that information in the notice in the first instance, lest it be subject to a challenge for facial insufficienc), (citation omitted). U. at39. (emphasis added) 16. In In Re Kapon, the Court found that the subpoenas there plainly satisfied the notice requirement. There, affixed to the subpoena, was a copy of the amended complaint in the California action, detailing the relationship between the parfy issuing the subpoena and the nonparty witness. The notice served the function intended by the legislature: it gave petitioners sufYrcient information to challenge the subpoenas on a motion to quash. Id. 17. The subpoenaing party's notice obligation is meant to apprise the nonparty witness of the "circumstances or reasons" why the requested disclosure is sought or required. 1af. 18. The Court in In Re Kapon, in footnote 3, advised, "[t]his is not to say that a pleading will always provide sufficient notice, or that the only way the subpoenaing party can comply with the "circumstances or reasons" notice requirement is to affix a copy of the pleadings to the subpoena." Icl. at39. 19. However, in the case at bar, The Subpoena fails to provide any "circumstances or reasons" for the nonparty deposition and is, therefore, insufficient on its face. 20. Moreover, CPLR $ 3119(bx3)(ii) requires that a subpoena issued in accordance with that section must contain the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented. The Subpoena at issue here fails to state the names of any other attomeys to the California proceeding. Specifically, there is no reference to the attorneys for Angela Marie Hung or Angela Marie Clement or whether they are not represented. D. The Subpoena Requires Attendance at a Deposition on a Saturday in New York County. 21. If this Court finds that The Subpoena has been properly served, and is sufficient on its face, KNEBEL challenges the date and time set forth for KNEBEL's deposition in The Subpoena. 22. The Subpoena demands that KNEBEL appear for deposition on Saturday, November 8,2014 at 10:00 am in New York County. 23. As set forth in the KNEBEL Affidavit, he resides at 39 Paradise Lane, Warwick, New York 10990. 24. I believe, and I have been advised by my attorney, that The Subpoena is improper and I request that The Subpoena be quashed for the reasons stated above and for the reasons set forth at length in the Affirmation of my attorney Douglas M. Jones, Esq.. 25. Thus, the balance of equities overwhelmingly favors granting Petitioner a Temporary Restraining Order and his motion to quash The Subpoena should be granted. 26. No prior or similar relief has been requested by the Defendants or granted by any other court. Dated: Goshen, New York November 4,2014 DOUGLAS M. JONES, ESQ SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF NEW YORK -----x In the Matter of a Petition to Quash Subpoena Ad Testificandrtm and/or for a Protective Order AFFIDAVIT ROBERT KNEBEL (incorrectly named as "ROBERT KANEVAL"), Petitioner. Index No. -against- IKE JIULTN.SHYONG I{UNG, Respondent. STATE OF NEW YORK ) )SS.: coLrNTY OF ORANGE ) ROBERT KNEBEL, being duly sworn deposes and says: i. I make this Affirmation in Support of the instant Order to Show Cause for the stated relief. 2. I found a copy of a California "SUBPOENA AD TESTIFICANDUM"'from Meyer, Olson, Lowy & Meyers, LLP, Attomeys for IKE JIULJN-SHYONG r{LrNG (hereinafter the "The Subpoena") on the interior stairs of my residence late in the evening on October 30,2414. A copy of The Subpoena is annexed hereto and designated as Exhibit "l". 3. The Subpoena demands that I appear for deposition on Saturday, November 8,2014 at l0:00 arn. 4. The person named on The Subpoena is "ROBERT KANEVAL". My name is ROBERT KNEBEL. 5. The Subpoena lists 39 Paradise Lane, Warwick, New York 10990 as the address. That is my correct address. 6. To date, I have not been handed a copy ofThe Subpoena by any individual. 7. To date, I have not received a copy of The Subpoena by mail. 8. It is not stated on the face of The Subpoena, nor in any papers attached to The Subpoena what matters I will be questioned about or the content of the information that is being sought. 9. I am advised by my attorney that it is not proper to require me to appear in New York County for a deposition when my residence is located in Orange Counfy, New York. 10. I am advised by my attomey that it is not proper to require me to appear for a deposition on a Saturday. I l. I am advised by my attorney that The Subpoena does not contain the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena telates and of any parry not represented by counsel as required by CPLR $ 31 19. 12. I believe, and I have been advised by my attomey, that The Subpoena is improper and I request that The Subpoena be quashed for the reasons stated above and for the reasons set forth at length in the Affirmation of my attorney Douglas IV[. Jones, Esq.. Sworn to before me this 3'd vember 2014 NOTdRY PUBLIC Notary Public, State of Nerv York No.02J06229979 Qualified in Orange County Commission Expires October 25, 2016 {( trxhibit 1)? 1 Mriyrur, Ousc-rx, l,owy & Mt:ycRs, t-l.t, 10100 Surrta Morrica lloulevirrl,.Suitc1,t25 2 l,r:s Angclcs, Cali[ornia 90067 "fcl; (310) 277-97,17 3 Irnr: (lll0)277-tr8,17 4 Lisa Helfend Meyor, Esq,, State Bar No. '106105 Benjamin Valencia ll, Esq,, Stats Bar No. 217311 tr Attorneys for Petitioner, o IKE JIUUN.SHYONG HUNG I o SUPERIOR COURT OF THE STATE OF CALIFORNIA r I FOR THE COUNry OF LOS ANGELES e a Ol 10 ; 11 ln re the Marriage of Case No.: BD 603806 Jd .t(J 12 Petitioner: IKE JIUUN-SHYONG HUNG U)u sug PgEr$A .Ap rESfl FlcAN pu.u ld ho 13 And >.q i-r { 2*j 14 Respondent: ANGELA MARIE HUNG d, >-J 15 '2 16 THE STATE OF CALIFORNIA, TO: ROBERT KANEVAL z-; ^ Lr) 39 PARADISE LANE 17 WARWICK, NEW YORK -i > 1 0990 o 18 ca ^,l >': 19 YOU ARE HEREBY COMMANDED to attend and give testimony before the above tl ; named attorneys at the Four Seasons Hotel, 57 E, 57th Street, New York, New York, EX 2A 1AA22, on Saturday, Novembet 8,2014, at 10:00 a,m., on the part of Petitioner in the above-entitled action, 21 : Failure to appear according to the command of this Subpoena will subject you to a 22 penalty, damages in a civil suit, and punishment for contempt of Court ar) LJ 24 Dated: october 6,2414 MEYER, OLSON, LOWY & MEYERS, LLP 25 to /. I elfend Meyer, Esq, Attorneys for Petitioner,lKE JIUUN-SHYONG 28 HUNG AI-IORNEv OB PARTY \!lTHoUT ATTOBNEY {Ndmd, Sld,o Ear rurnbsl, and Bddruss}: FOR COUR| USE ONLY Lisa Helfeno Mever, SBN: 106105 Benjamin Valeniia it,SgN 217311 ri,tevei, oison, lowv iiMevers. Lup 10{00 Santa Moniia Boulbvard,suite 1425 Los Anqeles, CA 90067 rurlrno*riro. (310) 277 -9747 FA.xNo. roprio,a,): 1310) 277-4847 E.MAIL AD0RESS lO ptional): itioner,IKE JIUUN-SHYONG H supERreR couRT oF cALrFoRNrA, ,1 counw or LOS ANGELES STR€ETAOORE8S, 11 NOTth HiII StTCEt 1 1 1 North Hill street raArLrNc AoosESs, crryANDzrpcoDE: Los Angeles, CA 90012 CENTTAI DiStTiCt EfiANCH NAME; PLAINTIFF/ PETITIONER: IKE JIUUN-SHYONG HUNG DEFENDANTI RESPONOENTI ANGELA MARIE CLEMENT DEPOSITION SUBPOENA CASE NUMBER; FOR PERSONAL APPEARANCE BD 603806 THE PEOPLE OF THE STATE OF CALIFORNIA, TO {name, address, and telephone number of deponent, lf known)t, Robert Kaneval, 39 Paradise Lane, Warwick, New York, 10990 YOU ARE ORDERED TO APPEAR IN PERSON TO TEETIFY AS A WITNES$ In thls ActioN at thA date, time, and placel Date: November 8, 2014 Time: 10:00 a.m, Address: Four $easons Hotel, 57 E. 57th Street, NY, NY 14022 to testify on your behalf as [-- ..j es a deponent who is not a natural person, you are ordered to designate one or more persons to the mattors describedin item 2, (Code Clv. Proc,, $ 2025.230,) i-1i fniu deposilion willbo recorded stenographically [f,) frrougn tha inatant visual display of testimony and by f-*i audlotape l;] videotape. iX,l fnis videotape deposition 202t.620(d). is intended for possible use at trlal under Code of Civil Procedure section -.-l 2,L of a business or other entity, the malters upon whlch the wilnoss is to be examined are as tn* witness ia a representative tt follows: you will bo askad gueslrons undor oalh. Queslrbns 3. At the doposition, and answens aro racordad stonographioally at lho deposition; tater they ars transcribed for possible use at trial. Yau may raad llts witton racord and change any inconscl answers balore you You are enlitlad to roceive ryrlnoss foes and mileago actually traveled balh ways. The money musl bo paid, at sign tho deposltion, lhe option of tha parly giving notlce of lhe deposition, eilhor with sorylco of lhis subpoana or at tha timo of lho depositlon, Unless the courl otders ar you agroa athewise,if you ara belng deposod as an individual, lba deposition must tako p{aca within 75 miles ol your residenca or within 150 miles of your iesidanca !! the daposition will ba taken within the oounly af the courl whoro tba actian is pending. The localion is govamad by Code of Clvil Procedura section 2025,250, of the depasition for all dapononts DISOBEOIENCE OF TH'S SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $5OO AND ALL DAMAGES RESULTING FROM YOUR FA'LURE TO OBEY Date issued:September 25,2014 Lisa.Helfend_Mevqr. SBN: 108105 (TYPE OR PR'NI NAMEI .* . tTITLE) (Ploof o{ servlce on revelss} ol Pad6 1 2 Form ndoptod lo, Msodalory Uso DEPOSITION SUBPOENA Cod6 o, CiYrl Proc€duro $5 2020.310, Judicral Couflcil ol Cauornia 2025.220, 2025.230. 2025.250. 2025.610 SUSP415 lRsv J?^uery 1.2CO0l FOR PERSONAL APPEARANCE Govornmenl CodB. S 66097.1 4 I lvlRvtlt, Ot-sctN, Lowy & Mtiv[Rs, t,t,t' 10100 Santa Monica lloulctitrd,Suite 1,12.5 2 Los Artgclcs, Calilbnril 900{i7 'ltL (310) 277-97,17 t Fax: (310) 277,18,17 4 Lisa Helfend Meyer, Esq,, State Bar No, 106105 Benjamin Valencla ll, Esq., State Bar No. 21731 1 5 Attorneys for Petilioner, I KEJ IUUN-SHYONG HU NG b 7 Clerk Annie Rabbitt Orange Gounty Clerk 8 Orange County Clerk's Office n Parry Building U 4 Glenmere Cove Road Goshen, NY 10924 s ,g 10 .t11 f,u )d .; 12 STATE OF NEW YORK, COUNTY OF ORANGE County Clerk Log No. u1 ! Xi !C 13 l,< In the Matter Case No,: BD 603806 5614 .J dd The Application for the lssuance of Subpoena >R >* 15 for Service Upon Robefi Kaneval niform lnterstate Ou J: ro ln a Certain Action Entltled: ositions and Discovery Act and ? CPLR $31 1 e) 5r .a! 17 ln re the Marriage of Originating State: California o618 Petitioner: IKE JIUUN-SHYONG HUNG Originating County: Los Angeles Originating Court: Los Angeles I trl i g 1e And Superior Originating Coutt Case No: BD 603804 ";; zo Respondent ANGELA MARIE HUNG 321 O Now pending in the Superior Court of : California, County of Los Angeles -ll 23 lil 24 ilt 25 ?6 ill 27 ilt 2B Page 1 of 2 1 SUBPOENA AD TESTIFICANDUM Pursuant to the Uniform lnterstate Depositions and Discovery Act 2 (Personal Appearance Required) 3 THE STATE OF NEW YORK TO: ROBERT KANEVAL 4 39 PARADISE LANE WARWICK, NY 5 1 0990 b YOU ARE HEREBY COMMANDED to attend and give testimony before the above 7 named attorneys at the Four Seasons Hotel, 57 E. 57th Stieet, New York, New York, I 10A22, on Saturday, November 8, 2014, at 10:00 a.rn., on the part of Petitioner in the above-entitled action. N I Failure to appear according to the command of this Subpoena will subject you to a 310 penalty, damages in a civil suit, and punishment for contempt of Court. ,I j11 Dated: October$, eOt+ j.5 .; n Ao 61 13 h€ EJ g. 14 %*'-€lerk of Ora$ge County >x B: 15 r5s-ir^r,.4 S:16 '= z ot (h! 17 o:a 18 -.i Hg tuo 1e *'; 2a e z?1 : :22 23 24 25 zo 27 28 Page ? of 2 **--..=..-----.----='.:-*'---=-*"- --*--ffi*-'i*---*t'**"t'-"--*--.=[t i M & G PAPEE ING :RS" ING PUSHERS'' 2923 2923 H. I PROCESS SERVICE 50-70ir422te 50-7fi4/2219 ffil ,s I PO BOX 10173 NEWBURGH, NY 12552-,0173 PH: (845)629-8530 # f: Cp*' ,+?g!{ ffiI Dollars a t::ixl!. SBr;sntux* rorAa/a*ca tdrrrt/t-r < i:€e- rl ?t lq ?ot l' 1r: IO0oCIoE? 5qE5n'0 Index No. SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF NEW YORK In the Matter of a Petition to Quash Subpoena Ad Testificandum and/or for a Protective Order ROBERT KNEBEL (incorrectly named as "ROBERT KANEVAL'), Petitioner, -against- IKE JIUUN.SHYONG HUNG, Respondent. oRpER Tp SH-OW CAUSE DOUGLAS M. JONES, ESQ. Attorneyfor Defendant l8 Scotchtown Avenue P.O. Box I032 Goshen, New York 10924 (845) 629-4s67 Fax (845) 926-3465 e-mail: dmj@dmjesq.com Pttrsuant to 22 NYCRR 130-1.1, the undersigned, an dttorney admitted to practice in the courts of New York State, certifiesthat upon information and beliefand reasonable inquiry, the contentiogqcontained in the annexed documeTlt are not frivolous. Dated: November 4,2AI4 Service of a copy. of the within is hereby admitted. Dated: Attorney(s) for