Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:04-cv-01443-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NATIONAL STARCH AND CHEMICAL INVESTMENT HOLDING CORPORATION, PENFORD AUSTRALIA LTD., and PENFORD HOLDINGS PTY, Plaintiffs, v. CARGILL, INC. and MGP INGREDIENTS, INC., Defendants. DEFENDANTS' SECOND RULE 30(b)(6) NOTICE OF DEPOSITION TO PLAINTIFFS PLEASE TAKE NOTICE that, pursuant to Rules 26 and 30(b)(6) of the Federal Rules of Civil Procedure, Defendants will take deposition on oral examination of National Starch and Chemical Investment Holding Corporation, Penford Australia Ltd., and Penford Holdings Pty. (collectively "Plaintiffs") on February 13, 2006, continuing day to day until completed, at the offices of Kenyon & Kenyon, One Broadway, New York, New York 10004. Plaintiffs shall designate one or more officers, directors or managing agents, or other persons who have knowledge of and will consent to testify on behalf of Plaintiffs with respect to the topics listed in Exhibit A. The deposition shall be recorded by a stenographer duly authorized to administer oaths and will be videotaped. You are invited to attend and cross-examine. C.A. No. 04-1443-GMS

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Case 1:04-cv-01443-GMS

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EXHIBIT A ­ TOPICS FOR EXAMINATION 26. Between 1980 and the present, the identity and amylose content of all

hybrid seed lines used to produce grain from which Hylon VII has been produced.

27.

Between 1980 and the present, the amylose content of Hylon VII as

measured by National Starch, and the test method(s) used to make such measurement(s).

28.

Identification of any documents related to Topics 26 and 27.

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Dated: February 2, 2006

FISH & RICHARDSON P.C.

By: s/ Thomas L. Halkowski Thomas L. Halkowski (#4099) John F. Horvath (#4557) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Michael E. Florey FISH & RICHARDSON P.C., P.A. 60 South Sixth Street Suite 3300 Minneapolis, MN 55402 Telephone: (612) 335-5070 Facsimile: (612) 288-9696 Attorneys for Defendants Cargill, Incorporated and MGP Ingredients, Inc.

Case 1:04-cv-01443-GMS

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CERTIFICATE OF SERVICE I hereby certify that on February 2, 2006 I electronically filed DEFENDANTS' SECOND RULE 30(b)(6) NOTICE OF DEPOSITION TO PLAINTIFFS with the Clerk of Court using CM/ECF which will send electronic notification of such filing(s) to the following Delaware counsel. In addition, the filing will also be sent via hand delivery: Josy W. Ingersoll Young Conaway Stargatt & Taylor, LLP The Brandywine Building, 17th Floor 1000 West Street P.O. Box 391 Wilmington, DE 19899-0391 Attorneys for Plaintiffs National Starch and Chemical Investment Holding Corporation, Penford Australia Ltd., and Penford Holding Pty

I hereby certify that on February 2, 2006, I have mailed by Federal Express, the document(s) to the following non-registered participants: Richard L. DeLucia Kenyon & Kenyon One Broadway New York, NY 10004 Attorneys for Plaintiffs National Starch & Chemical Investment Holding Corporation, Penford Australia Ltd., and Penford Holding Pty,

s/ Thomas L. Halkowski Thomas L. Halkowski