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

Case 1 :04-cv-00822-JJF Document 64 Filed 02/13/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Leon Segen, derivatively )
on behalf of Intraware, Inc., )
Plaintiff )
)
v. ) Civil Action File No. 04-822-JJF
)
Comvest Venture Partners, LP, Comvest )
Management, LLC, Commonwealth )
Associates Management Company, Inc., )
Commonwealth Associates, L.P., RMC Capital, )
LLC, Michael S. Falk, Robert Priddy, )
Travis L. Provow, Keith Rosenbloom and )
Intraware, Inc., )
Defendants. )

NOTICE OF DEPOSITION
OF GLENN F. OSTRAGEQ ESQ.
TO: Plaintiff Leon Segen c/o his counsel of record
Paul D. Wexler, Esq.
Bragar, Wexler, Eagel & Morgenstem, P.C.
885 Third Avenue ~
New York, New York 10022
and
Glenn F. Ostrager, Esq.
Ostrager Chong Flaherty & Broitman, P.C.
250 Park Avenue
New York, New York 10177-0899
Please be advised that pursuant to the provisions of F.R.C.P. Rules 30 and 34, Defendants
Robert Priddy and RMC Capital, LLC, will take the deposition of Glenn F. Ostrager, Esq. for all
purposes permitted under the Federal Rules of Civil Procedure, including discovery and cross

Case 1:04-cv-00822-JJF Document 64 Filed 02/13/2006 Page 2 of 3
examination. The deposition will be taken pursuant to a subpoena which will be issued and
served upon Mr. Ostrager pursuant to the applicable provisions of the Federal Rules of Civil
Procedure. The deposition will be taken before a court reporter duly authorized to administer
oaths.
The date, time and place ofthe deposition will be as follows:
Date: March 14, 2006,
Time: beginning at 9:30 am. and continuing from day to day and time to time
until completed; h
Place: Mr. Ostrager’s office, at the address set forth above.
Pursuant to the provisions of F .R.C.P. Rule 34, the Deponent is requested and required to
produce the documents set forth on Exhibit "A" to this Notice.
You are requested to attend this deposition.
This {Jn day of / , 2006.
Respectiiilly submitted,
g Q #2;.; x
al J. evitsky, Esquire (#2902)
Fox Rothschild, LLP
919 N. Market Street, Suite 1300
Wilmington, DE 19899-2323
(302) 622-4200
Attomeys for Defendants RMC Capital,
LLC and Robert Priddy
OF COUNSEL: Robert N. Dokson, Esquire
Ellis Funk, P.C.
One Securities Center, Suite 400
_ 3490 Piedmont Road
Atlanta, Georgia 303 05
(404) 233-2800
Date: dg ’3{ O?
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Case 1 :04-cv-00822-JJF Document 64 FN9
EXHIBIT "A" — DOCUMENTS TO BE PRODUCED AT
DEPOSITION OF GLENN F. OSTRAGER, ESQ.
l. All documents in any way related to or probative ofthe information contained in the July
5, 2002 demand letter from Glenn Ostrager, Esq. to the Board of Directors of Intraware,
Inc., a copy of which is attached as Exhibit "F" to the Defendants’ Robert Priddy’s and
RMC Capital, LLC’s First Request For Admissions To Plaintiff Leon Segen
("Admissions"), previously served in this action.
2. Any and all documents in any way related to or probative ofthe allegation in Paragraph 1
of the Complaint that Plaintiff Segen is a stockholder of Intraware. This request
specifically includes, but is not limited to, any documents showing when Plaintiff Segen
became an owner of stock in Intraware and whether or not Plaintiff Segen was a
stockholder of Intraware at the time ofthe transactions in question and at the time that the
above-referenced action was filed.
3. Any and all documents of any nature whatsoever in any way related to or supportive of
the "group” claims asserted by Plaintiff in the above—referenced litigation.
4. If the Plaintiff contends that any of the Defendants, except for Defendants Comvest
Venture Partners, LP and Robert Priddy, engaged in any matching transactions with
respect to Intraware securities which would render such defendant liable for § 16 (b)
purposes, any and all documents in any way related to any such allegedly disgorgeable
matching transactions for any of the defendants other than Comvest Venture Partners, LP
or Robert Priddy.
5. Any and all documents which in any way indicate when and how Plaintiff or his
representatives learned of the transactions described in Paragraph 31 of the Complaint,
This item specifically includes, but is not limited to any time records prepared or
maintained by Mr. Ostrager or his firm, whether in hard copy or electronic format.
K:\CLIENTS\R0bbic\Pxiddy\Pxiddy - Segen v. Delaware Securities Suit\Pleadings\.E}(I*IIBIT Adoc

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