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

Case 1 :04-cv-01294-JJF Document 34-2 Filed O9/08/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FLOWSERVE CORPORATION, )
) C.A. N0. 04-1294 JJF
Plaintiff, )
v. , ) JURY TRIAL OF 12 DEMANDED
)
BURNS INTERNATIONAL SERVICES )
CORPORATION, BORG-WARNER )
CORPORATION, and BORG-WARNER )
SECURITY CORPORATION, )
)
Defendants. )
PLAINTIFF’S MOTION FOR A COMMISSION
COMES NOW, plaintiff Flowserve Corporation, and hereby moves this Honorable Court,
pursuant to the Federal Rules of Civil Procedure, for an Order in the form attached hereto directing
that a Commission be issued to take the deposition of Albert Cribiore, c/o Brera Capital Partners,
LLC, 712 Fifth Avenue, New York, NY 10019, outside the State of Delaware and for the issuance
of subpoena duces tecum.
The grounds for this motion are that Albert Cribiore is not a party to this action; that he is
in possession of documents and records, as described in defendants' subpoena, which are relevant

Case 1:04-cv-01294-JJF Document 34-2 Filed O9/08/2005 Page 2 of 2
and material to the issues involved herein; and that compulsory process is required to compel the
production of those documents and records.
TYBOU§ DFEARN & PELL
Dan lel . earick, I.D. No. 3668
300 Delaware Avenue, Suite 1100
P.O. Box 2092
Wilmington, DE 19899-2092
(302) 658-6901
Attomeys for Plaintiff
Dated: (1 I- va
OF COUNSEL:
Gregory E. Rogus, Esquire
SEGAL, McCAMBRH)GE, SINGER & MAHON EY, LTD.
One IBM Plaza, Suite 1900
220 N. Wabash Avenue
Chicago, H3 60611