Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:04-cv—01278-KAJ Document 187 Filed 10/14/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT D
FOR THE DISTRICT OF DELAWARE
>
Plaintiff/Counter-Defendant. g Civil Action NO_ 04-1273
VS- g Hon. Kent. A. Jordan
PECHINEY PLASTIC PACKAGING, INC. %
Defendant/Counter—Plaintiff. {
NOTICE OF DEPOSITION OF
PECHINEY PLASTIC PACKAGING INC.
PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
Procedure, plaintiff/countendefendant Cryovac, Inc. ("Cryovac") will take the deposition of
defendant/counter-plaintiff Pechiney Plastic Packaging, Inc. (“Pechiney") upon oral examination
of the witness(es) designated by Pechiney as the person(s) most competent to testify on its behalf
conceming the categories listed on the attached Schedule A. The deposition shall be recorded by
videotape and stenographic means on such date and at such location as may be agreed to by the
parties.
In accordance with Rule 30(b)(6), Cryovac requests that Pechiney prepare its designee(s)
to testify "as to matters known or reasonably available to” Pechiney regarding the subjects listed
on attached Schedule A. Cryovac also requests that Pechiney provide Cryovac with written
notice of at least five (5) business days before the deposition of the name and employment
position of each person designated to testify on Pechiney’s behalf, identifying the matters set
forth in Schedule A as to which each person will testify.
oB01;1s7ee12.1 0535271001

Case 1:04-cv—01278-KAJ Document 187 Filed 10/14/2005 Page 2 of 4
The deposition, before a Notary Public or other person authorized by law to administer 1
oaths, will continue from day to day until completed with such adj ournments as to time and place _
as may be necessary. You are invited to attend and to cross—eXamine the witness.
Respectfully submitted,
Dated: October 14, 2005
John W. Shaw (No. 3362)
Karen E. Keller (No. 4489)
Michele Sherretta (N o. 4651)
YOUNG CONAWAY STARGATT &
TAYLOR, LLP
The Brandywine Building, 17th Floor
1000 West Street
Wilmington, Delaware 19801
(302) 571-6600
Attorneys for Plaintiff Ciyovac, Inc.
OF COUNSEL:
Ford F. Farabow, Jr.
Joann M. Neth
Mark J. Feldstein
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
901 New York Avenue, N.W.
Washington, D.C. 20001-4413
(202) 408-4000
DB01:1875612.1 g53527_1gO1

Case 1:04-cv—01278-KAJ Document 187 Filed 10/14/2005 Page 3 of 4
SCHEDULE A V
1. The rights and/or obligations of each ofthe parties under each of the eight
representative agreements produced.
2. The negotiations and communications surrounding the representative agreements.
3. The course of dealing between the parties to the representative agreements.
oB01;187ee12.1 O53527.1001

Case 1:04-cv—01278-KAJ Document 187 Filed 10/14/2005 Page 4 of 4
CERTIFICATE OF SERVICE _
I hereby certify that on October 14, 2005, I caused to be electronically filed, a true and
correct copy of the foregoing document with the Clerk of Court using CMfECF, which will send
notification that such document is available for viewing and downloading to the following
counsel of record:
N. Richard Powers, Esq.
CONNOLLY BOVE LODGE
& HUTZ LLP
The Nemours Building
1007 North Orange Street
P.O. Box 2207
Wilmington, DE 19899-2207
I further certify that on October 14, 2005, I caused a copy of the foregoing document to
be served by hand delivery to the above—listed counsel of record, and on the following non-
registered participants in the manner indicated:
VIA FEDERAL EXPRESS
Steven R. Trybus, Esq.
JENNER & BLOCK LLP
One IBM Plaza p
Chicago, IL 60611-7603
Michele Sherretta (No. 4651)
YOUNG CONAWAY STARGATT &
TAYLOR, LLP
The Brandywine Building, 17th Floor
1000 West Street
Wilmington, Delaware 19801
(302) 571-6600
Attorneys for Plaintiff Cryovac, Inc.
oem ;i at 0654.1 O53527.1001