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

Case 1 :04-cv-00339-JJF Document 88-2 Filed 08/28/2005 Page 1 of 4
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Issued by the
UNITED STATES Disrmcr Count
RORTHRRN oisnncr or TEXAS
Miiiers Capitai ins., Co,. a/s/o Dei-Homes Cataiog SUBPOENA IN A CIVIL CASE
V.
, . U.S . Dietaictz Couxt; Bietzntictz of Delaware
Lighthouse Construction, inc., et ai Case Numbcn, Cmsumfjatgd Casa NOS:
04-339 and 04~·3.3 22
TO: CMC Steel Fabricators, inc., d/b/a SM! doist Company
ATTN: CUSTODiAN OF RECORDS
Agent: David lvl. Sadbury, Suite 800
6565 North MacArthur Bivci., Irving, TX 75039
[Zi YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in the above case,
tance or Testimony courrmoom
DATE AND time
5 YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking ofa deposition
in the above case.
PLACE or oEi¤osiTioN [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 specified below (iist documents or objects):
See Exhibit “A" attached hereto.,
MCE The cmnea Firm, ATTN: Hubert cranes, me ness Ave., ezsoe, earns, tx rszcz DATE AND TIME
3/30/2005 i‘t:O0 am
G YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified beiow,
eneavrises [DATE AND Trivia
Any organization not a party to this suit that is subpoenaeo for the taking of deposition shail designate one or more officers,
directors, or damaging agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated,
the matters n which the person wiii testify Federei Rules of Civil Procedure, 30(b){6).
issu: o AND TITLE unoicnre it ixrroniozv ron rtninrtrr on DEFENDANT) Dare
lu: LJ '- /1/lrtlrclt H ;0¤$
rss N Oi’FlCER‘ NAME, Aonness AND PHONE Nuivinen
Robert B.- Hill, Attorney for Defendant East Coast Erectors, ine,
3445 Peachtree Rd., NE, Suite 500, Atlanta, GA 30326 (404) 365-4549
(Sen Rui: 45. iindnrnl Rules of`Civil Procedure. Pans C & D cn next pug:)
' if action is pending in district other than district of issuance, state district under case number

Case 1 :04-cv-00339-JJ F Document 88-2 Filed O3/28/2005 Page 2 of 4
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PROOF OF SERVICE.
DATE PLACE
SERVED
SERVED ON (PRENT NAME} _ MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
E cleciare under penalty ofpetiiury under the laws ofthe United States of America that the foregoing infomation contained
in the Proof of Service is true and correct,
Executed on
DATE SSGNATURE OF SERVER
ADDRESS DF SERVER
Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUSYOENAS
(l} A party or an attorney responsible for the issuance and service of a
subpoena shalt take reasonable steps to avoid imposing undue burden or expense uial be commanded to travel from any such place within the state in which the
on e person subject to that subpoena The court on bclralfofwhich the subpoena trial is held, or
was issued shall enforce this duty and impose upon the party or attorney in breach
ofthis duty an appropriate sanction which may include, but is not limited to, lost (iii) requires disclosure ofprivileged or other protected matter and
earnings and reasonable attorneys fee no exception or waiver appiies, or
(iv) subjects rt person to undue burden
(2) {A) A person commanded to produce and permit inspection and copying
of designated books, papers, documents or mngible things. or inspection of (B) lfasubpoena
premises need notappeur in person at the piaee ofproduction or inspection unless
commanded to appear for deposition, hearing or trial (i) requires disclosure of a trade secret or other coniideutiai
research, deveiopmerrt, or commercial infomation. or
(B) Subject to paragraph {d) (2) oftitis ruie, a person commanded to (ii) requires disclosure of an unretnincd experfs opinion or
produce and permit inspection and copying may. within $4 days alter service of infomation not describing specific events or occurrences in dispute and resulting
subpoena or before the time specified for compliance ifsuch time is less than E4 from the expert’s study macie not at tire request of any party, or
days after service, serve upon the party or attorney designated in the subpoena (iii) requires eperson who is aota party or on officer ofa party to
written objection to inspection or copying ofany or all ofthe designated materials incur substarttizti expense to uavcl more than 100 miles to attend trial, the court
or ofthe premises. Ifobjectioa is made, tire party serving the subpoena shall not may, to protect a person subject to or affected by the subpoena, quash or modify
be entitled to inspect and copy materials or inspect the premises except pursuant the subpoena, or, il` the party in who behalf the subpoena is issued shows a
to an order of the court by which the subpoena was issued Ifobjcction has been substantiai need for the testimony or material that cannot be otherwise met
made, the party serving the subpoena may, upon noticeto the person commamsled without undue hardship and assures that the person to whom the subpoena is
to produce, move at any time for an order to compel the production Such an addressed wilt be reasonably compensated, the coun may order appearance or
order to comply production shall protect any person who is not o party or an production only upon specitied conditions
oflieer of a party from significant expense resulting from the inspection and
copying commanded (ri) DUHES lN RESPONDING TO SUBPOENA
(3) (A} On timely motion, the court by which a subpoena was issued shall (1) A person responding to tt subpoena to produce documents shall produce
quash or merlin: the subpoena it”it them as they are kept in the usual course of business or shall organize and label
them to correspond with the categories in the demand
(i) fails to aiiow reasonabie time for compliance,
(ii} requires a person who is not a party or an otlicer ofa party to (2) When infomation subject to a subpoena is withheld on a ciaim that it is
travei to a place more than l00 miles from the place where that person resides, is privileged or sub}eet to protection as trial preparation materials, the claim slrail be
emptoyed or regularly transacts business in person, except that, subject to the made expressly and shall be supported by a description of the nature of the
provisions of clause (c) (3) (B} (iii) of this rule, such a person may in order to docurnenu.communrcations. ortlsings not produced thatis soltieientto enable the
attend mmmdemanding party to contest the claim

Case 1:04-cv-00339-JJF Document 88-2 Filed 08/28/2005 Page 3 of 4
EXHIBIT "A" TO THE SUBPOENA ADDRESSED TO THE
RECORDS CUSTODIAN OF CMC STEEL FABRICATORS, INC.
D/B/A SMI JOIST COMPANY
As used herein, "Document" 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, tiled or
graphic matter, including such materials electronically recorded, tiled or maintained on discs, tapes
or computers.
As used herein, “you" and “your" shall mean CMC Steel Fabricators, Inc., including agents
and representatives acting on it’s behalf.
As used herein, "Subj ect Buildings” shall refer to buildings that were erected in or about
l995, and in or about 1999, located at 97 Commerce Way, Dover, DE, and owned by Del-}-lorries
Catalog Group, LLC in which open—·web steel bar joists were supplied by you including joists
provided to Varco—Pruden Buildings (V .P. Job No..85892—O2).
DOCUMENTS TO BE PRODUCED
Produce every Document related to or concerning the Subject Buildings, including but not
limited to the following:
l, Every Document relating to the supply of goods, bar joists, or other products or
services to the Subject Buildings or the construction, collapse, demolition, repair,
reconstruction, testing, modification, engineering, design of and damage to the

Case 1:04-cv-00339-JJF Document 88-2 Filed 08/28/2005 Page 4 of 4
Subject Buildings, Your production should include, but not be limited to, the
following: contracts, purchase orders, estimates, correspondence, emails, product
specifications and engineering section properties of all open—web steel barjoists or
other goods supplied, work papers, tallies, fabrication drawings, reports, summaries
of Documents, engineering notes, engineering calculations, reference materials,
correspondence, logs, drawings, diagrams, graphs, invoices, shipping documents,
field notes, measurements, observations, insurance agreements and subrogation
waivers, Documents shall include materials outsourced from vendors for the Subj ect
Buildings, including SMI Joist Company, but shall not apply to hardware or
connectors such as bolts, nuts, washers and similar materials,

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