UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW HAMPSHIRE 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 

* 

Pamela Taber-McCarthy * 

* 

 Petitioner * 

* 

 v. * Docket: 08-cv-00096-PB 

* 

Ricky C. McCarthy * 

* 

 Respondent * 

* 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 

RESPONDENT’S MOTION TO ALLOW 

SUBMISSION OF PARTIAL STATE RECORD 

NOW COMES the respondent, Ricky McCarthy, (hereinafter, “respondent”) by 

and through counsel, Walker & Buchholz, P.A., and respectfully submits the following 

Motion To Allow Submission of Partial State Record and in support thereof states as 

follows: 

1. The underlying State Court case in this matter is a domestic matter pending 

in the Hillsborough County Superior Court, Northern District, captioned In the Matter of 

Pamela Taber-McCarthy and Ricky C. McCarthy, and docketed at 06-M-0096. The 

parties are in dispute with regard to language to be contained in a Qualified Domestic 

Relations Order (hereinafter “QDRO”) relative to the division of monies maintained 

within retirement accounts of the parties. 

Case 1:08-cv-00096-PB Document 5 Filed 03/31/08 Page 1 of 4
- 2 - 

2. On or about November 16, 2007, the petitioner, Pamela Taber- McCarthy, by 

way of counsel, filed a Motion For Further Order Regarding Distribution Of Retirement 

and Wording Of QDRO to which the respondent objected. It is the position of the 

respondent that the issue to be addressed in the petitioner’s motion is a question of 

Federal law and should be addressed by this court. Therefore, the respondent filed a 

Petition For Removal and Notice Of Removal to State Court regarding the federal issue to 

be addressed. 

3. Pursuant to the Court’s Notice of Electronic Filing of March 13, 2008, the 

respondent is to file “State Court Record” on or before March 31, 2008. The matter 

pending before the Hillsborough County Superior Court, Northern District is a divorce 

between the parties and the file is therefore quiet voluminous and contains materials 

irrelevant to the single issue removed by the respondent. 

4. Attached hereto is a certified copy of the divorce decree issued by the State 

Court on August 3, 2007, as well as a certified copy of the petitioner’s Motion For 

Further Order Regarding Distribution Of Retirement and Wording Of QDRO and the 

respondent’s Objection To Motion For Further Order Regarding Distribution Of 

Retirement and Wording Of QDRO. 

5. Requiring the respondent to secure a certified complete copy of the State 

Court’s Record will delay the progress of this matter as undersigned counsel has been 

advised that the State Court will require an extensive amount of time (two months or 

more) in order to duplicate and certify its entire record. Further, additional materials 

contained in the State Court’s Record are not relevant to the respondent’s request for 

removal. 

6. Alternatively, the respondent requests that the Honorable Court extend the 

period for filing of the State Court Record due to restrictions currently beyond his 

Case 1:08-cv-00096-PB Document 5 Filed 03/31/08 Page 2 of 4
- 3 - 

control. 

7. Counsel for the petitioner, Edward C. Mosca, Esquire and Kathleen 

Sternenberg, Esquire, have been contacted via telephone messages left regarding the 

relief requested herein. Despite a good faith effort made on the behalf of the respondent, 

no response has been received as of the time of the filing of this motion. 

WHEREFORE, the respondent, Ricky C. McCarthy, respectfully prays that the 

Honorable Court will grant his Motion To Allow Partial Submission of State Court 

Record alternatively, extend the time in which to file the entire record until such time as 

the State Court is able to provide same and for such other and further relief as may be just 

under the circumstances. 

Respectfully submitted by, 

Ricky McCarthy 

By his attorneys, 

WALKER & BUCHHOLZ, P.A. 

Dated: March 31, 2008 By /s/ Kevin E. Buchholz, Esquire 

Kevin E. Buchholz, Esquire 

NH Bar# 6535 

50 Bridge Street, Suite 205 

Manchester, NH 03101-1699 

603-634-5090 

kbuchholz@walkerbuchholz.com

Case 1:08-cv-00096-PB Document 5 Filed 03/31/08 Page 3 of 4
- 4 - 

CERTIFICATE OF SERVICE

 I hereby certify that a copy of the foregoing Motion To Allow Partial Submission 

of State Court Record was this day forwarded to Kathleen Sternenberg, Esquire, Law 

Offices of Kathleen Sternenberg, 27 Webster Street, Manchester, NH 03104 and to 

Edward C. Mosca, Esquire via ECF. 

Dated: March 31, 2008 /s/ Kevin E. Buchholz, Esquire 

Kevin E. Buchholz, Esquire 

Case 1:08-cv-00096-PB Document 5 Filed 03/31/08 Page 4 of 4