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

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Issiued by the
UNITED STATES DISTRICT COURT
SOUTHERN DI STRICT OF
FLOWSERVE CORPORATION
SUBPOENA IN A CIVIL CASE
V.
. 1 _
BURNS iNTEnNATioNA•. senvicrss conPol=fATioN, CASE NUMBER 04 1294 JJF
et al.
TO: Clayton, Dubilier & Rice
375 Park Avenue
New York, NY 10152
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. ·
PLACE OF TESTIMONY COURTROOM
E DATE AND TIME

I;-I YOU ARE COMMANDED to appear at the place, date, and time specihed below to testify at the taking of a deposition in
the above case.
mcs or ¤E'r·e"s'n'i'on " " ' ' " ""' "' T lime mo me

[Zi 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
PLACE DATE AND TIME
Segal, McCambridge, Singer & Mahoney .
805 Third Avenue, 19th Floor, New York, NY 10022 9/26/05 at 1000 a`m'
I;-I YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES I DATE AND TIME
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, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OFFIC f IGNATURE AND IF ATTORN ` FOR PLAINTIFF OR DEFENDANT) DATE
_ j f $3//0,,-
1 L I 1 A
ISSUING •””’—r :7 E, ADDRESS AND HONE 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 Clvll Procedure, Parts C & D on Reverse)
1 lf action is pending in district other than district of issuance, state distrct under case number.

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PROOF OF SERVICE
DATE PLACE
SERVED

SERVED ou (PRINT NAME) MANNER OF SERVICE

SERVED ev (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 rule, such a person may
(1) A party or an attomey responsible for the issuance and service of a ;‘ta‘;;°§1'v‘j1;}‘_°,Q1;‘;,j, zehggwnded to travel from any such place Wlthm the
ZZ‘,ZL"§§22nS2ZZL.`§§§sL°§}Z2."§,°l?a?§E%Z$;’n2“‘*l?lJ'ESSSTEb“LT.‘Lir°0}’t7L?€.?.t$é <*i> r8¤~*réS¤*s¤¤$~*¤¤*¤*v*·¤¤€¤¤·¤***€*¤*°*€°*¤¤m¤“¤*
subpoena was issued shall enforce this duty and impose upon the party or and m excepuon a;:g;g;I:s'§éOn to undue burden
attomey in breach of this duty an appropriate sanction which may include, but is 1 p `
not limited to, lost eamings and reasonable attomey‘s fee. (B) If a subpoena
(2) (A) A person commanded to produce and pemwit inspection and (i) requires disclosure ofa trade secret or other conhdential
copying of designated books, papers. documents or tangible things, or research, development, or commercial Information, or
inspection of premises need not appear in person at the place of production or (ii) requires disclosure of an unretained expert‘s opinion or
inspection unless commanded to appear for deposition, hearing or trial. infomiation not describing specific events or occurrences in dispute and
. . ltif th rt‘td d ttth tf .
I...0.,...sr.:.5.*;%:$:;;;;·:.;:¤.r:s2;;l:.°;:2;S;:l:l:i2$.z;;;;z2r;:li; "° i`»I??“ of subpoena or before the time specified for compliance if such time is less than tzingggérxgr i;bs:§;t§;€m;;iSs€b;2/ig Tfgzgg mghngI;sbgJ0;:;ng£;;H
14 days after Sen/ice' serve upon the. pany °r atpmey designated an the or modify thgsublpoena, ogif the pargy in whose behalf the subpoena isissued
gzgfzzlzgd xg;Eagbéicg?-:E€t°ré'A$;;;uTPO§;tizfygggnggearge°r an S; $:8 shows a substantial need for the testimony or material that cannot be otherwise
th 9 .p . ` I n Z pany g met without undue hardship and assures that the person to whom the subpoena
e subpoena shall not be entitled to inspect and copy matenals or inspect the is addre Iwm be reésonabl compensated me com may Order appearance
premises except pursuant to an order ofthe court by which the subpoena was or pmducuon only upon s ed conditions ’ ··
issued. If objection has been made, the party serving the subpoena may, u :>0n '
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
persqn who IS no? a paw or an omger Of a pany from Slgnmcam expense produce them as they are kept in the usual course of business or shall organize
resumng from me mspechon and mpymg commanded and label them to correspond with the categories in the demand.
Shan {2% (A) may ngcuoxatzftmun by which a subpoena was iss ued (2) When infonnation subject to a subpoena is withheld on a claim that
q or m 6 su poe 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 of the nature of
(ii) requiresaperson whois nota partyoran ofticerofa party the documents, communications, or things not produced that is sufficient to
to travel to a place more than 100 miles from the place where that person enable the demanding party to contestthe claim.
resides, is employed or regularly transacts business in person, except that,

Case 1:04-cv-01294-JJF Document 32-6 Filed O9/08/2005 Page 3 of 4
LIQJIEB
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 i:1 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 liawlities, or product liabilities arising out of the use of products

Case 1:04-cv-01294-JJF Document 32-6 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 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 Wamer Industrial Division or Borg-Warner
Industrial Products Inc.
465628-2