Free Notice of Service - District Court of Delaware - Delaware

Case 1:04-cv-01565-SLR
AO88 (Rev. 12/06) Subpoena in a Civil Case

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Issued by the

UNITED STATES DISTRICT COURT
Northern Arlin M. Adams, Chapter 11 Trustee

DISTRICT OF

Illinois

SUBPOENA IN A CIVIL CASE Case Number:1 04-1565-SLR (D. Del.)

V.
Daniel D. Crowley

TO: Much Shelist Denenberg Ament & Rubenstein, P.C.
c/o Anthony C. Valiulis, Esquire 191 North Wacker Drive, Suite 1800 Chicago, IL 60606-1615

G YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in the above case.
PLACE OF TESTIMONY COURTROOM

DATE AND TIME

G YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE OF DEPOSITION DATE AND TIME

G YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the

place, date, and time specified below (list documents or objects):
All documents idenitified on Exhibit A annexed hereto.

PLACE

Schnader Harrison Segal & Lewis LLP 824 N. Market Street, Suite 1001, Wilmington, DE 19801-3011

DATE AND TIME

3/16/2007 5:00 pm

G YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OFFICER'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

s/ Michael J. Barrie
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

3/8/2007

Michael J. Barrie, Esquire Schnader Harrison Segal & Lewis LLP, 824 N. Market Street, Suite 1001, Wilmington, DE 19801 (302) 888-4554
(See Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), on next page)
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If action is pending in district other than district of issuance, state district under case number.

Case 1:04-cv-01565-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

ARLIN M. ADAMS, as Chapter 11 Trustee of the Bankruptcy Estates of Coram Healthcare Corp., a Delaware Corporation, and Coram, Inc., a Delaware Corporation, Plaintiff, v. DANIEL D. CROWLEY, Defendant.

: : : : : : : : Case No. 04-1565 (SLR) : : : : : :

EXHIBIT A TO SUBPOENA FOR DOCUMENTS DIRECTED AT MUCH SHELIST DENENBERG AMENT & RUBENSTEIN, P.C.

DOCUMENTS TO BE PRODUCED I. INSTRUCTIONS 1. With respect to the documents to be produced as set forth herein, you are to

produce at your deposition all documents in your possession, custody or control in the usual course of business or organized and labeled to correspond with each numbered paragraph of these Requests. 2. If any document requested herein cannot be produced in full for any reason, you

are to produce as much of the document as possible. 3. In the event that you withhold any document, or any portion of any document,

within the scope of these Requests from production upon a claim of privilege, work product, or
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for any other reason, you are to provide a list identifying each document so withheld, together with the following: A. A statement of the basis of the claim of privilege, work product, or other

ground of withholding the document from disclosure; B. A brief description of the document, including the date of the document,

the number of pages and a description of any attachments or appendices, the name(s) of its author(s) or preparer(s) and its recipient(s) or cc: recipient(s) and the identify of each such person, and a summary of the subject matter of the document; and C. relates. 4. These documents requests excluded any document previously produced to the The paragraph number of the request to which the withheld document

Trustee and labeled CRX 000001-001635. II. DEFINITIONS

As used herein, the terms listed below are defined as follows: 1. "Address" means the present or last-known street name and number, city or town,

state, zip code and telephone number. 2. "All documents" means every document, whether an original or copy as above

defined, known to you and every such document which can be located or discovered by reasonably diligent efforts. 3. "Bankruptcy Case" shall mean the cases commenced by the Coram on the

Petition Date under chapter 11 of title 11 of the United States Code. 4. "Cerberus" shall mean Cerberus Partners, L.P. and its predecessors, successors,

affiliates, parents, subsidiaries, assigns, and its past and present officers, directors, employees, agents, advisors, representatives, attorneys, accountants and other professionals.

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5.

"Consulting Agreement" shall mean the written agreement between Cerberus

effective as of August 1, 1999, a copy of which is attached as Exhibit A to the Trustee's complaint. 6. Inc. 7. 8. "Crowley" shall mean Daniel D. Crowley. "Document" means all written or printed matter of any kind known to you, "Coram" shall mean collectively, Coram Healthcare Corporation and Coram,

including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise (including, without limitation, correspondence, memoranda, notes, diaries, statistics, letters, telegraphs, minutes, resolutions, agendas, contracts, agreements, reports, studies, checks, notes, statements, drafts, invoices, receipts, returns, summaries, pamphlets, books, prospectuses, inter-office and intra-office communications, offers, notations of any sort of conversation, bulletins, computer printouts, teletypes, telefaxes, invoices, worksheets and all drafts, alterations, modifications, changes and amendments of any of the foregoing), graphic or manual records or representations of any kind (including, without limitation, photographs, charts, graphs, microfiches, microfilms, video tapes, records and motion pictures) and electronic, mechanical or electrical records or representations of any kind (including without limitation, tapes, cassettes, discs and recordings). "Document" also includes any electronically transmitted or maintained communication including but not necessarily limited to facsimile transmissions, e-mail, web transmissions, and any and all other communications of which no physical paper exists, whether or not an attempt has been made to delete or purge such communications. "Document" shall exclude any document (a) previously produced to the Trustee, and (b) labeled CRX 000001-001635.

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9.

"Dynamic" shall mean Dynamic Health Care Solutions, L.L.C. and its

predecessors, successors, affiliates, parents, subsidiaries, assigns, and its past and present officers, directors, employees, agents, advisors, representatives, attorneys, accountants and other professionals. 10. "Evidencing," "relating to," "reflecting" or "referring to" means constituting,

evidencing, reflecting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, pertaining to, concerning, relating or referring to, directly or indirectly. 11. 12. "Feinberg" shall mean Stephen Feinberg. "Identify" or "identity" or "identification" means, when used in reference to: A. a natural person: (a) (b) his or her full name; present or last-known home address (including street name and

number, city or town, state, zip code, and telephone number); (c) (d) and job title or description; B. than a nature person: (a) (b) (c) (d) (e) its full name; a description of the type of organization or entity; the full address of its principal place of business; the jurisdiction of its incorporation or organization; and the date of its incorporation or organization; a company, corporation, association, partnership, or any legal entity other present or last-known business address; and present or last-known occupation, position, business affiliation,

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C.

a document: (a) (b) (c) (d) (e) (f) its description (for example, letter, memorandum, report); its title; its date; the number of pages therein; its subject; the identity of its author, signatory or signatories and any person

who participated in its preparation; (g) (h) the identity of its addressee or recipient; the identity of each person to whom copies were sent and each

person by whom copies were received; (i) (j) its present location; and the identity of its present custodian (if any such document was, but

is no longer, in the your possession or control, state what disposition was made of it and when); D. an oral communication: (a) (b) (c) (d) (e) (f) (g) E. the date and time when it occurred; the place where it occurred; the complete substance of the communication; the identity of each person: to whom such communication was made; by whom such communication was made; and who was present when such communication was made;

if by telephone:

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(a) (b) (c) (d) and (e)

the identity of each person: who made each telephone call; who participated in each call; the place where each person participating in each call was located;

the identity of all documents memorializing, referring to or relating

in any way to the subject of the communication. 13. "Noteholders" shall mean collectively Cerberus, Goldman Sachs Credit Partners,

L.P., and Wells Fargo Foothill, Inc. (f/k/a Foothill Capital Corporation) and their respective predecessors, successors, affiliates, parents, subsidiaries, assigns, and its past and present officers, directors, employees, agents, advisors, representatives, attorneys, accountants and other professionals. 14. "Oral communication" shall include any communication between two or more

persons, whether face-to-face or via the telephone or another electronic or other medium (such as via a computer terminal). 15. "Person" shall mean an individual, corporation, proprietorship, partnership,

association, and any other institution or organization. 16. "Petition Date" shall mean the August 8, 2000, the date Coram filed their

respective petitions for relief under Title 11 of the United States Code. 17. "Possession, custody or control" of documents means possession, custody or

control by you, including your respective attorneys, agents, representatives, members, shareholders, principals, and employees, at any time up to and including these proceedings.

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18.

"Trustee" or "Plaintiff" shall mean Arlin M. Adams, as Chapter 11 Trustee for

the bankruptcy estates of Coram. 19. "You" and "Your" shall mean Much Shelist Denenberg Ament & Rubenstein,

P.C. (f/k/a Much Shelist Freed Denenberg Ament Bell & Rubenstein, P.C.) and its agents, attorneys, employees, members, principals, associates, or shareholders. 20. The conjunctions "and" and "or" shall be interpreted conjunctively and shall not

be interpreted disjunctively to exclude any information otherwise within the scope of the request. III. DOCUMENTS TO BE PRODUCED AT DEPOSITION 1. 2. Crowley. 3. Dynamic. 4. 5. All communications between Crowley and Cerberus or any Noteholder. All documents relating to the Consulting Agreement, including all documents All invoices, time sheets and billing diaries for services rendered by you for All communications between you and Cerberus or any Noteholder. All invoices, time sheets and billing diaries for services rendered by you for

relating to any suspension and/or termination of the Consulting Agreement, including any agreements, drafts of agreements, emails, correspondence and notes. 6. All documents relating to Crowley's employment with Coram, including any

agreements, drafts of agreements, emails, correspondence and notes. 7. 8. All documents relating to services performed by Crowley for Cerberus. All documents that you produced to the Equity Committee on behalf of Crowley.

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