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

Case 1 :04-cv-01294-JJF Document 33-2 Filed 09/08/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FLOWSERVE CORPORATION, 1
1 C.A. N0. 04-1294 JJF
Plaintiff, 1
v. 1 J URY TRIAL OF 12 DEMANDED
1
BURNS INTERNATIONAL SERVICES 1
CORPORATION, BORG-WARNER 1
CORPORATION, and BORG-WARNER 1
SECURITY CORPORATION, 1
Q1
Defendants. 1
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 Debevoise and Plimpton, 919 Third Avenue,
New York, NY 10022, outside the State of Delaware and for the issuance of subpoena duces tecum.
The grounds for this motion are that Clayton, Cubilier & Rice are not a party to this action;
and are in possession of documents and records, as described in defendants' subpoena, which are

Case 1:04-cv-01294-JJF Document 33-2 Filed O9/08/2005 Page 2 of 2
relevant and material to the issues involved herein; and that compulsory process is required to
compel the production of those documents and records.
TYXBOUT, REDFEARN & PELL
i / ge
nelle K. Ye , . . No. 3668
300 Delaware Avenue, Suite 1100
P.O. Box 2092
Wilmington, DE 19899-2092
(302) 658-6901
O / Attorneys for Plaintiff
Dated: I 3 " D b’ ‘
OF COUNSEL:
Gregory E. Rogus, Esquire
SEGAL, McCAMBRH)GE, SH\IGER & MAHONEY, LTD.
One IBM Plaza, Suite 1900
220 N. Wabash Avenue
Chicago, IL 60611