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

Case 1 :04-cv-01294-JJF Document 32-2 Filed O9/08/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FLOWSERVE CORPORATION, Q1
Q1 C.A. N0. 04-1294 JJF
Plaintiff, Q1 1
v. Q1 JURY TRIAL OF 12 DEMANDED
Q1
BURNS INTERNATIONAL SERVICES Q1
CORPORATION, BORG-WARNER Q1
CORPORATION, and BORG-WARNER Q1
SECURITY CORPORATION, Q1
Q1
Defendants. Q1
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 Clayton, Dubilier & Rice, 375 Park Avenue,
18*** Floor, New York, NY 10152, 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 paity 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 32-2 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.
TYBOUT REDFEARN & PELL
helle E, I.D. No. 3668
300 Delaware Avenue, Suite 1100
P.O. Box 2092
Wilmington, DE 19899-2092
(302) 658-6901
— Attorneys for Plaintiff
Dated: |· 06
OF COUNSEL:
Gregory E. Rogus, Esquire
SEGAL, McCAMBRIDGE, SH\IGER & MAHONEY, LTD.
One IBM Plaza, Suite 1900
220 N. Wabash Avenue
Chicago, IL 60611