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

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Issued by the
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FLOWSERVE CORPORATION
SUBPOENA IN A CIVIL CASE
V.
Bunms lr~1TEnNATIoNAi. senvicizs conPoi=rATioN, CASE "“'“BER’ 1 °4‘129"* JJF
et al.
TO: Debevoise and Plimpton
919 Third Avenue
New York, NY 10022
El 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. ·
coumaoom
Q DATE AND TIME
I;] 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 IDATE AND TIME
E YOU ARE COMMANDED to produce and permit inspe ction and copying of the following documents or objects at the place,
date, and time specified below (list documents or objects.):
See attached rider
PLACE DATE AND TIME
Segal, McCambridge, Singer & Mahoney .
805 Third Avenue, 19th Floor, New York, NY 10022 9/26/05 at 10`O0 a`m`
EIYOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES IDATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking ofa 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 SIGNATURE · · FOR PLAINTIFF OR DEFENDANT) IDATE i
gy ’
m 1 , 6/ 0 J
ISSUING OFFICE * ¤'•RESS AND P NE NUMBER
Danielle K. =·. · , Esquire, Ty • t, 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)
’ If action is pending in district other than district of issuance, state distri·:t under case number.


PROOF OF SERVICE

DATE PLACE
SERVED

SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the 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 mle, such a person may
(1) A party or an attomey responsible for the issuance and service of a g‘ta(`;;d;‘rc?h;?1etrg;?:i;|| ghggwmm to travel from any Such place Mmm the
subpoena shall take reasonable steps to avoid imposing undue burden or (im re uirés disclosure Ofpmmeged or Otherprctecied matter
expense on a person subject to that subpoena. The court on behalf of which the and no ems um or waivgr applies or
subpoena was issued shall enforce this duty and impose upon the party or P (iv) Subécts a 'erson to 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) lf a subpoena
(2) (A) A person commanded to produce and ermit inspection rind (I) requires disclosure ofa trade secret or other confidential
P
copying of designated books, papers, documents or tangible things, or research, development, or commercial information, or
inspection of premises need not appear in person at the place of production or (ii) requires disclosure of an unrelained expert's opinion or
inspection unless commanded to appear for deposition, hearing or trial. infomiation not describing specitic events or occurrences in dispute and
Suieisct *¤ ¤=:=*¤¤*¤¤¤ (dll?) ¤* me we ¤ een ¤¤mma¤·l¤¤ '°s“""`° "°"` "`°&$°°ZZ3lP$1’§"§é’rZ2§`r?§$"§ $“Z$§§"2¥ SZYRZLI of 8
to produce and pemm Inspection and wpymg may' wah"` 14 days after semce party to incur substantial expense to travel more than 100 miles to attend trial
of subpoena or before the time specihed for compliance if such time is less than the com may to pmted a person subjecuo or affected by the subpoena (was';
xbdggi aftellnzewicg sugwctswn L1: pany or atl°m°¥ designates i? ge or modify the subpoena, or, if the party in whose behalf the subpoena islissued
P a Wn rl O le °n mgp on gr cfmylng O any °r a ° Y. e shows a substantial need for the testimony or material that cannot be othewvise
designated matenals or of the premises. If objection is made, the party sen Ing met without undue hardship and assures that the person to whom me subpoena
the subpoena shall not be entitled to inspect and copy materials or inspect the is addressed wm be reésonabl com ensated the com may Order appearance
premises except pursuant to an order ofthe court by which the subpoena was or roducmm Omy U on S dged cozdiuons ' ·-
issued. lf objection has been made, the party sewing the subpoena may, u non p p pe '
notice to the person commanded to produce, move at any time for an order to (d) DUTIES IN RESPONDING TO SUBPOENA.
CDES? :I1:Op;§dnuiugn‘ su°2ra;n°“:€;:J cpmpj przduglg? slgzggctecg (1) A person responding to a subpoena to produce documents shall
pe . O. paw 0 . 0 3 p ny ro gm exp produce them as they are kept in the usual course of business or shall organize
msumng from the inspection and mpymg commanded and label them to correspond with the categories in the demand
h H (3) h (A) C? timely ng°"°n’ mamun by which a Subpwna was iss Jed (2) When information subject to a subpoena is withheld on a claim that
S a quas Or mo ny 8 su poenal I it is privileged or subject to protection as trial preparation materials, the claim
(i) fails to allow reasonable time for compliance, shall be made expressly and shall be supported by a description ot the nature of
(ii) requiresa person who is nota party oran ofticerofa party the documents, communications, or things not produced that is sufficient to
to travel to a plaw 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 33-6 Filed O9/08/2005 Page 3 of 4
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1. Any and all drafts of the 1987 stock purchase agreement by and between BWIP
Acquisition Corporation and Borg-Warner 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-Warner 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 transmittals, 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-Warner Industrial Products, Inc.
8. Any memoranda, notes, records, recordings, or other documents that address,
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 33-6 Filed O9/08/2005 Page 4 of 4
manufactured and/or sold by the Borg Wamer Industrial Division of Borg-Wamer 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 stock 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 Wamer
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