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

Case 1 :04-cv-00339-JJ F Docu ment 94-2 Filed O4/06/2005 Page 1 of 4
Issued by the
UNITED STATES DISTRICT COURT
otsrrttcr or DELAWARE
Millers Capital ins. Co., a/s/o Del-Homes Catalog SUBPOENA IN A CIVIL C ASE
V.
Ug'“h°“S° C°“S"““"°"· '"°‘* El B" Cm Number; us oastnct coun, oismet of oaiaws
Consolidated Case Numbers:
_ _ _ _ 04-339 and O4-1322
TO: Catalog Resources, Inc., dlb/a CIientLogtc, a subsidiary of
ClientLogic Operating Corporation
AGENT: The Corporation Trust Company, 1209 Orange St.
Corporation Trust Center, Wilmington, DE 1980I
[I YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in t.he above case,
r·i..AcE or TESTIMONY coutmtoom
ouvre Aho time
Cl YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
mace or osrosirtoiv DATE AND time
KZ YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specitied below (list documents or objects):
See Exhibit "A" attached hereto.
PLACE Wetzel & Associates, P.A., Attn: Natalie Ippollto, Esq , The Carriage House, #201 DATE AND TIME
1100 N. Grant Avenue, Wilmington, DE 19805 4/11/2005 11200 am
El YOU ARE COMMANDED to pemrit inspection ofthe following premises at the date and time specified below.
Pttsmises I oars Awo 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)
I sor onacsrvs SlGNA'1` ND TITi.E(lNDICA;I'E1F Arroiotsv Fon 1‘·tAit~mFt= ott osrsuonwn one
A ‘ - 5 * 2 il " "
ALLAH gl} if Qu 8 O`-)
rssuiu ·s NAME, nouns? •' t-tous uumeea
Natalie • : a tto, Attorney for Defendant East Coast Erectors, Inc.
The Carriage House, #201 , 1 100 N. Grant Ave., Wilmington, DE 19805 (302/652-1200)
(Sec rua; is, Fctlcml nas arcavai rrmum. rant c at o an nuxt may
' ll action is pending in district other tltnn district ofissunncu. stntc district under cttsc number

Case 1 :04-cv-00339-JJF Document 94-2 Filed O4/06/2005 Page 2 of 4
PROOF OF SERVICE
DATE PLACE
SERVED
stzrtvuu 0N 4r·tttNT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
l declare under penalty of perjury under the laws of the United States of America that the foregoing infomation 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
(I) A pany ar an attumey responsible fur tlte issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden orexpense trial hc commanded to travel from nny such place within tho state in which the
on a person subjectto tltatsubpoena The coun an behaIl`ol’ which tlte subpoena trial is held, or
was issued shall enforce this duty and impose upan tlte party ur attomey in breach
of this duty an appropriate sanction which may include, but is not limited ta. lost (iii) requires disclosure ofprivileged orotlter protected matter ond
camings and reasonable ztttomey’s fee no exception or waiver applies, or
(iv) subjects a person tu undue burden
(2) (A)A persnn commanded to produce and pemtit inspection und copying
of designated books, papers, documents or tangible things, or inspection nt` (B) llasubpaena
premises need not appear in person at the place of production or inspection unless
cnmrnartdedtn appear for deposition, Itearingor trial (i) requires disclosure of a tmde secret or other confidential
research, developmenL or commercial infomation, cr
(B) Subjeet to paragraph (d) (2) of this nrle, a person commanded to (ii) requires disclosure ol' an unretainerl experts opinion or
produce und permit inspection and copying may. witltin 14 days after servlce of infonnution notduscribing speeifie events oroecurrenees in dispute and resulting
subpoena or before tlte time specified for compliance il`suclt time is less than I4 from the c>tpert's study made not ut tlte requestoi any party, or
days after service, serve upon the pany ar attorney designated in t.he subpoena (iii) requires a person who is not a party or an oflicer ol a party ta
written objection to inspection or copying ¤l`nny orall ofthe designated materials ineur substantial expense to u·avel more than M10 miles ta attend trial. the noun
or ol` the premises lfobjeution is mt1de,t1te party sewing the subpoena shall not may. to protect a person subject to nr affected bythe subpoena. quash or modify
be entitled to inspect and copy materials ar inspect the premises cxccptpursuant tlte subpoena, ur, il` the party in who beltnlfthe subpoena is issued shows a
tu an order althecourtby which thesubpoena was issued if objection has been substantial need I'¤r tlte testimony or material that cannot be otherwise mer
made. tlte pany servingtlte subpoena may. upon notice to the person commanded without undue hardship and assures that tlte person in whum the subpoena is
tu produce. move at any time for an order to compel the production Such an addressed will be reasonably compensated. the coun may order appearance or
order ta comply production shall protect nny person wha is not a party or an praductiott only upon speeilied conditions
oflicer of a party from signilicant expense resulting from the inspection and
copying commanded (d} DUTIES IN RESPONDING TO SUBPOENA
(3) (A) On timely mation, the coun by which a subpoena was issued shall (1) A person responding to a subpoena to produce documents slrall produce
quash or modify the subpoena ir`it them as they are kept in the usual course ot business ur shall organize and label
them to eunespund with the categories in tlte demand
(i) fails to allotv reasonable time for compliance,
(ii) requires n persun wha is not tt party ur an omcer of`n pany to (2) When inlbrmation subject to u subpoena is withheld nn a claim that it is
travel to a place mare than l0D miles from the place where that person resides, is privileged or subject to protection astrial preparation materials tlte elaimshall be
employed or regularly transact: business in person, except that, subject to the made expressly and shall be supported by u description of tlte nature ef the
provisions ofclause (c) (3) (B) (iii) of this rule. such ri person may in order to doaumertts. comrnunicatiotrs,orthingsnotproducedtltatissufficicnttoenable the
attend rnmmdemanding party to contest tlte claim.

Case 1 :04-cv-00339-JJ F Document 94-2 Filed O4/06/2005 Page 3 of 4
EXHIBIT "A" TO THE SUBPOENA ADDRESSED TO THE
RECORDS CUSTODIAN OF CATALOG RESOURCES, INC. d/b/a
CLIENTLOGIC, a subsidiary of
CLIENTLOGIC OPERATING CORPORATION
As used herein, "Doc1.unent" shall mean every writing or record, however produced,
reproduced or preserved, including, but not limited to, every book, pamphlet, periodical, letter,
memorandum, telegram, report, record, study, interoftice or intra office communication,
memorandum reflecting an oral communication, handwritten or other note, working paper, draft,
application, permit, chart, drawing, paper, graph, survey, index, tape, disk, data sheet, data
processing card, computer printout and every other written, typed, recorded, transcribed, filed or
graphic matter, including such materials electronically recorded, filed or maintained on discs, tapes
or computers.
As used herein, "you" and “your“ shall mean Catalog Resources, Inc., d/b/a ClientLogic,
including its parents, subsidiaries, successors, agents and representatives acting on it’s behalf,
including but not limited to ClientLogic Operating Corporation,
As used herein, "Subject Buildings" shall refer to buildings that were erected in or about
1995, and in or about 1999, located at 97 Commerce Way, Dover, DE, and owned by Del-Homes
Catalog Group, LLC which you leased, occupied or in which you stored inventory, goods or
materials, and which suffered a collapse on February l7, 2003.
DOCUMENTS TO BE PRODUCED
Produce every Document related to or concerning the Subject Buildings, including but not
limited to the following:
a, the design, construction, modification, occupancy, use, storage of goods or other
products or services in or from the Subject Buildings;

Case 1 :04-cv-00339-JJ F Document 94-2 Filed O4/06/2005 Page 4 of 4
b. the collapse, demolition, repair, reconstruction and damage to the Subject Buildings;
c. any contents, goods, property or inventory stored in the Subject Buildings, or losses,
damages, or expenses arising therefrom, including any related insurance claims; and
d. all documents pertaining to the identity of any salvers or entities involved in the
recovery, salvage of goods, and recovery of any description for the goods contained in the 1995
Building or the 1999 Building.
e. All documents, including but not limited to, book or physical inventory records,
confirmations, counts or other details of inventory records relating to goods which were stored in the
1995 Building or the 1999 Building and for which any claim for damages is asserted in this action.
f. All time slips, invoices, or other documents, from all persons, relating to the salvage
or any recovery efforts pertaining to goods for which any damage claim is made in this action.
g, All reports, accounts or other documents relating to the salvage or recovery,
evaluation or loss relating to goods for which any damage claims are asserted in this action.
h. All documents relating to the efforts or activities related to the recovery, salvage,
extraction, removal, sale or other disposition of goods for which any claims of damage is made in
this action.
i. All correspondence, communications, and documents transmitted between Factory
Mutual and/or Hartford, including its attorneys, and Catalog Resources or Clientlcogic, and their
agents, attorneys or representatives, or between you and any other insurers or attorneys (excluding
your attorneys) involved in any claims pertaining to the Subject Buildings.

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