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

Case 1:04-cv-01443-GMS

Document 67

Filed 12/27/2005

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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. C.A. No. 04-1443-GMS

NOTICE OF DEPOSITION OF IAN L. BROWN

PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendants Cargill, Inc. and MGP Ingredients, Inc. (collectively, "Defendants") by their attorneys, will take the deposition of IAN L. BROWN at Fish & Richardson P.C., 919 N. Market Street, Suite 1100, Wilmington, DE 19801, commencing at 9:30 a.m. on January 18, 2006, and continuing from day to day, excluding Saturdays and Sundays, until concluded. Please take further notice that, pursuant to Rule 30(b)(2) of the Federal Rules of Civil Procedure that the deposition will be taken before a notary public or other officer authorized by the law to administer oaths, and will be recorded both stenographically and by sound and visual means (i.e., by videotape), and provision may be made for real-time monitoring using LiveNoteTM or similar means. Defendants reserve the right to use this videotape deposition at the time of trial.

Case 1:04-cv-01443-GMS

Document 67

Filed 12/27/2005

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Dated: December 27, 2005

FISH & RICHARDSON P.C.

By: /s/ John F. Horvath 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.

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Case 1:04-cv-01443-GMS

Document 67

Filed 12/27/2005

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CERTIFICATE OF SERVICE I hereby certify that on December 27, 2005, I electronically filed the attached NOTICE OF DEPOSITION OF IAN L. BROWN with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following individual. A copy of this document was also hand delivered on this date. 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 December 27, 2005, I have mailed by via Federal Express, the document(s) to the following non-registered participant: Richard L. DeLucia Kenyon & Kenyon One Broadway New York, NY 10004 Attorneys for Plaintiffs National Starch and Chemical Investment Holding Corporation, Penford Australia Ltd., and Penford Holding Pty

/s/ John F. Horvath John F. Horvath