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

Case 1:04-cv—01278-KAJ Document 150 Filed 08/16/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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Plaintift7Counter—Defendant. 3 Qjvj] Action NQ @4-1273
VS· i Hon. Kent. A. Jordan
PECHINEY PLASTIC PACKAGING, INC. g
Defendant/Counter—Plaintiff g
NOTICE OF DEPOSITION OF
PECHINEY PLASTIC PACKAGING INC. {N0. 3)
PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
Procedure, plaintiff7counter-defendant Cryovac, Inc. ("Cry0vac") 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
concerning 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 tive (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.
DB01:1810654.1 0sas27.1001

Case 1 :04-cv—01278-KAJ Document 150 Filed 08/16/2005 Page 2 of 4
The deposition, before a Notary Public or other person authorized by law to administer
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: August 16, 2005 M qw Wg 2 V
John . haw (No. 33 1)
Karen . Keller (N o. 4489)
D. Fon Muttamara—Walker (No. 4646)
Michele Sherretta (No. 4651)
YOUNG CONAWAY STARGATT &
TAYLOR, LLP
The Brandywine Building, 17th Floor
1000 West Street
Wilmington, Delaware 19801
(302) 571-6600
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
Attorneys for Plaintiff Cryovac, Inc.
DBO1:1810654.1 0535374001

Case 1 :04-cv—01278-KAJ Document 150 Filed 08/16/2005 Page 3 of 4
SCHEDULE A
All profits Pechiney has earned from its supply goods with National Beef under the Letter
of Intent signed by National Beef and Pechiney on or about February 24, 2004, including product
volumes shipped, prices paid, rebates, discounts, and all other adjustments to the purchase price
established in the Supply Agreement, including the identification of any documents used to
calculate the profits Pechiney has earned under the Letter of Intentt.
oB01;1810e54.1 O63527.1001

Case 1 :04-cv—01278-KAJ Document 150 Filed 08/16/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on August 16, 2005, I caused to be electronically tiled, a tme and
correct copy of the foregoing document with the Clerk of Court using CM/ECF, 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
1 further certify that on August 16, 2005, I caused a copy of the foregoing document to
be served by hand delivery to the above—1isted 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
Chicago, IL 60611-7603
By: bl
. on 1 amara—Wa1 r (No. 4646)
YOUNG ONAWAY STARGATT &
TAYLOR, LLP
The Brandywine Building, 17th Floor
1000 West Street
Wilmington, Delaware 19801
(302) 571-6600
Attorneys for Plaintiff Cryovac, Inc.
oe0ma10e54.1 O63527.1001