Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

88 RQEE 88 “E“`*D&‘294°°JEE"Y W¤¤888m<8¤i
Issued by the
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF
FLOWSERVE CORPORATION
SUBPOENA IN A CIVIL CASE
V.
. 1 _
Bonus lNTEi=iNATioNAL senvicrss conPoi=iATioN. CASE NUMBER °4 1294 "JE
et al.
Tot Albert Cribiore, c/o Brera Capital Partners, LLC
712 Fifth Avenue
New York, NY 10019
EI YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specihed below to testify
in the above case. ·
PLACE OF TESTIMONY COURTROOM
E DATE AND TIME

E] 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

E 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):
See attached rider
DATE AND TIME
Segal, McCambridge, Singer & Mahoney .
805 Third Avenue, 19th Floor, New York, NY 10022 9/26/05 at 1000 am'
E YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
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 rs on wh' • · - erson will testify. Federal Rules of Civil Procedure, 30(b)(6).

issunuc ns (moicma IF Arro EY Fon i>i.Airml=i= on rlssenomr) Ions
3 / / 0 ·‘
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ISSUIN 'S NAME, ADDRESS AND PHONE NUMBER
Danielle K. Yearick. Esquire, Tybout, Redfeam & Pell
300 Delaware Avenue, P.O. Box 2092, Wilmington, DE 19899 (302) 658-6901 Attorneys for Plaintiff
(See Rule 45, Federal Rules: of Civil Procedure, Parts C & D on Reverse)
‘ lf action is pending in district other than district of issuance, state district under case number.


PROOF OF SERVICE

DATE PLACE
SERVED

senvso on (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of tie United States of America that the foregoing information contained
in the Proof of Service is true and correct.
Executed on ·
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER


Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may
‘ ‘ I h I `th` th
(1) A party or an attomey responsible for the issuance and service of a gwiedarxglegi Tgl l:eOl:lm:?nd€d to Wave from any suc p ace WI In 8
subpoena shall take reasonable steps to avoid imposing undue burder or (lll) requlree elleeleeure efpnvlleged erelnerprnleeted mallel
expense on a person subject to that subpoena. The court on behalf of which the and no exee llen or welver enpllee el,
subpoena was issued shall enforce this duty and impose upon the party or P (lvl eubecle e ’ersen le undue burden
attomey in breach of this duty an appropriate sanction which may include, but is I p `
not limited to, lost eamings and reasonable attomey’s fee. (B) If a subpoena
(2) (A) A person commanded to produce and permit inspection and (i) requires disclosure ofa trade secret or other conhdentlal
copying of designated books, papers, documents or tangible things, or research, development, or commercial infonnation, or e
inspection of premises need not appear in person at the place of production or (ii) requires disclosure of an unretained expert‘s opinion or
inspection unless commanded to appear for deposition, hearing or trial. information not describing specific events or occurrences in dispute and
(B) Subject to paragraph (d)(2) of this rule, a person commanded resumng mm th°g$p€;ZS:;°;y::g;g:t:£gh; r:;u§sl:;:;;¥ ggnglhggr ef e
to produce and permlt inspection and Oopying may' within 14 days any Semice party to incur substantial expense to travel more than 100 miles to attend trial
of subpoena or before the time specified for compliance if such time is less han the coun me le rel e cl e leon S ub. e el le er elfeeled by ln e subpoena queen
14 days after service, serve upon the party or attomey designated in the . y' p pg I . . ‘.
. . . . . . or modify the subpoena, or, if the party in whose behalf the subpoena is issued
SU bpogna Wrmen Objecuon to mspecuon Or wpymg Of any Or an °f the shows a substantial need for the testimony orlmaterial that cannot be otherwise
designated materials or of the premises. If objection is made, the party serving melwllheul U n du e nerdehl and eeeuree mel the eeleen le whom lne subpoena
the subpoena shall not be entitled to inspect and copy materials or inspect the le eddreeeed wlll be reeeegebl oem neeled lh e eeun may Order enpeerenee
premises except pursuant to an order of the court by which the subpoena was or reduction enl U en S ed eegfllllens ' »·
issued. If objection has been made, the party serving the subpoena may, upon p y p peo `
notice to the person commanded to produce, move at any time for an order to (d) DUTIES IN RESPONDING TO SUBPOENA.
compel the production. Such an order to compel production shall protect any .
. . . (1) A person responding to a subpoena to produce documents shall
Esgjlzlrnemllpgrnslhgolngpgaeggnognznggxsg ggslggggegom slgnmcam expense produce them as they are kept in the usual course of business or shall organize
` and label them to correspond with the categories in the demand.
shall qfrigh g:)mc?l?f;tT1;|;t?b;2>;rnau??jrwud by whlch a subpoena was Issued _ _ _(?) When information subject to a subpoena islwitnhelu on a claim that
it is pnvrleged or subject to protection as tnal preparation matenals, the claim
(i) fails to allow reasonable time for compliance, shall be made expressly and shall be supported by a description of the nature of
(ii) requires a person who is not a party or an olticer of a party the documents, communications, or things not produced that is sufncient to
to travel to a place more than 100 miles from the place where that person enable the demanding party to contest the claim.
resides, is employed or regularly transacts business in person, except that,

Case 1:04-cv-01294-JJF Document 34-6 Filed O9/08/2005 Page 3 of 4
@3lER
1. Any and all drafts of the 1987 stock purchase agreement by and between BWIP
Acquisition Corporation and Borg-Wamer Corporation (hereafter "the stock purchase
agreement.")
2. Any and all amendments to the stock purchase agreement.
3. Any and all drafts of amendments to the stock purchase agreement.
4. Any and all correspondence that addresses, pertains to, or constitutes any part of
the negotiations between BWIP Acquisition Corporation and Borg-Wamer Corporation
(hereafter collectively referred to as "the parties") in connection with the stock purchase
agreement.
5. Any and all facsimile transmittals that address, pertain to, or constitute any part of
the negotiations between the parties in connection with the stock purchase agreement.
6. Any and all electronic correspondence that addresses, pertains to, or constitutes
any part of the negotiations between the parties in connection with the stock purchase agreement.
7. Any and all correspondence, facsimile transrnittals, and electronic
correspondence that address, pertain to, or constitute part of any negotiations, discussions, or
other communications between the parties to the stock purchase agreement specifically relating
to asbestos liabilities, environmental liabilities, disease-related liabilities, or product liabilities
arising out of the use of products manufactured and/or sold by the Borg Warner Industrial
Division or Borg—Wamer Industrial Products, Inc:.
8. Any memoranda, notes, records, recordings, or other documents that address, l
pertain to, or constitute part of any negotiations, discussions, or communications between the
parties to the stock purchase agreement specifically relating to asbestos liabilities, environmental
liabilities, disease—related liabilities, or product liabilities arising out of the use of products

Case 1:04-cv-01294-JJF Document 34-6 Filed O9/08/2005 Page 4 of 4
manufactured and/or sold by the Borg Warner Industrial Division of Borg-Warner Industrial
Products, Inc.
9. Any and all correspondence, facsimile transmittals or electronic correspondence
that address, pertain to, or constitute part of any negotiations, discussions or other
communications between the parties to the stocl; purchase agreement specifically relating to the
subject of indemnification.
10. Any memoranda, notes, records, recordings, or other documents that address,
pertain to, or constitute part of any negotiations, discussions or other communications between
the parties to the stock purchase agreement specifically relating to the subject of indemnification.
ll. Any and all correspondence, electronic correspondence, facsimile transmittals,
memoranda, notes, lists, exhibits, records or other documents that identify or refer to any claims
involving or alleging asbestos liability, environmental liability, disease—related liability, or
products liability arising out of the use of products manufactured or sold by the Borg Warner
Industrial Division or Borg-Warner Industrial Products Inc. which were pending as of the
Closing Date of the stock purchase agreement.
12. Any and all correspondence, electronic correspondence, facsimile transmittals,
memoranda, notes, lists, exhibits, records, or other documents that identify or refer to any
potential future claims against Borg Warner Corporation, or any of its subsidiaries or divisions,
as of the Closing Date of the stock purchase agreement, involving any alleged asbestos liability,
environmental liability, disease—related liability. or products liability arising out of the use of
products manufactured or sold by the Borg Warner Industrial Division or Borg-Warner
Industrial Products Inc.
465628-2