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

Case 1 :04-cv-00339-JJF Document 87-2 Filed O3/28/2005 Page 1 of 4
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Issued by the
UNITED States DISTRICT Count
MEDDLE DISTRICT QF NORTH CAROLINA
Millers Capital Ins. Co. a/sfo Del-Homes Catalog SUBPOENA IN A CIVIL CASE
V.
. . U . S . District Court Distiizict of Delaware
Lighthouse Construction, inc., et ai Casa Numbcn, Cgnsuudatgd Casa NOS;
O4·~·339 and O4-1.322
TO: VP Consolidated Holdings d/bla Varco Pruden Buildings,
Inc`, ATTN: CUSTODIAN OF RECORDS cio CT
Corporation Systems, 225 Hillsborough St, RaEeigh,NC
276DB
ll'] YOU ARE COMMANDED to appear in the United States District court at the piace, date, and time specified below to
testify in the above case
since or Testimony courzraoorvi
oars Ann time
I;] YOU ARE COMMANDED to appear at the place, date, and time specified beiow to testify at the taking of a deposition
in the above case.
tance or ZDEPOSETION 1 one Ann rtree
Q YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects):
See Exhibit "A" attached hereto
PMCE Varco Pruden offices located at l 140 West Mountain St., Kernersville, NC 27284 DATE AND TIME
3/29/2005 11:00 am
ljl YOU ARE COMMANDED to permit inspection of the foiiowing premises at the date and time specified below.
rneiviises ; DATE AND T1 me
Any organi { ion not a party to this suit that is subpoenaed for the taking ofa deposition shall designate one or more officers,
directors, or · aging agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated,
the matters o iiicb the person wili testify. Federai Ruies of`Civii Procedure, 30(b){6).
tssumo o Q ICERTS sic A _ ·* s Ann rms (INDICATE tr mtoierer ron st.n1r~rr1i=r¤ on DEFENDAN?) Dare
I ré ..11 1 — , rr ·2 raf
rss " G OFFICEPUS AME. Aobness AND PHONE NUMBER
Robert B, Hill, Attorney for Defendant East Coast Erectors, inc,
3445 Peachtree Rd., NE, Suite 500, Atianta, GA 30326 (4G4) 3554549
(Sue Rule 45. Fcdcrnl Rules of`CZivil Procedure, Plms C & D on next png:)
' ifactinn is pending in district other than district oiissuance, static district under cnse number

Case 1 :04-cv-00339-JJ F Document 87-2 Filed O3/28/2005 Page 2 of 4
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PROOF OF SERVICE

DATE Pl ACE
SERVED

SERVED ON {PRQNT NAME) MANNER OF SERVICE
SERVED BY {PRINT NAME) TITLE

DECLARATION OF SERVER

i declare under penalty of periury under the laws Of-lik? United States of`America that the foregoing infomation contained
in the Proofof Service is true and correct.
Executed on
DATE SlGNATURE OF SERVER.
ADQRESS OF SERVER.

Rule 45, Federal Rules of`Civil Procedure, Parts C & D:
{c) PROTECTEON OF PERSONS SUBJECT TO SUB¥’OENAS
(E) A party or an anomey responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden or expense trial be commanded to travel from any suclt place within the stare in which the
on a person st1b_}ectto Ura! subpoena The court on behalf of which the subpoena trial is lteld, 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 a£torney‘s fee no exception or waiver applies, or
(iv) subjects a person to undue burden
(2} (A) A person commanded ro produce and permit inspection and copying
of designated books, papers, documents or tangible things, or inspection of {B) lfo subpoena
premises need not appear in person at the place ofproduction or inspection unless
commanded to appear for deposition, hearing or trial (E} requires disclosure of a trade secret or other confidential
research, development, or commercial infomation, or
(B) Subject to paragraph (cl} (2) of this rule, a person commanded to {ii) requires disclosure of an unrctained expcrfs opinion or
produce and permit inspection and copying may, within [4 days after service of` information not describing specific events or occurrences in dispute and resulting
subpoena or before the time specified for compliance ifsuch time is less than I4 from the expert’s study made not at the request of any party, or
days alles service, serve upon lite party or attorney designated ln the subpoena (iii) requires a person who is not a party or an oflicer ofa party to
written objection to inspection or copying of any or all ofthe designated materials incur substantial expense to travel more than {OG miles to attend trial. the coun
or ofthe premises Ifobjection is mode, the party serving the subpoena shall not may, to protect a person subject to or al`l'ecled by the subpoena, quash or modify
be entitled so inspect and copy materials or inspectthe premises except pursuant the subpoena, or, if the party in who behalf the subpoena is issued shows a
to an order ofthe court by which the subpoena was issued if objection has been substantial need for the testimony or material that cannot be otherwise mel
made. the party serving the subpoena may. upon notice to the person commanded without undue hardship and assures that lhe person to whom the subpoena is
to produce, move at any time for an order to compel the production Such an addressed will be reasonably compensated, the court may order appearance or
order to comply production shall protect any person who is not a party or an production only upon speciliecl conditions
officer of a party from significant expense resulting from the inspection and
copying commanded (d) BUHES IN R“ESPONDlNCi TO SUBPOENA
(3} (A) On timely motion, die court by which a subpoena was issued shall (1) A person responding to a subpoena to produce documents shall produce
quash or modify the subpoena ifit 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
{E) foils to allow reasonable time for compliance,
(ii) requires a person who is nots party or an omcer ofa party to {2) When infomation subject to a subpoena is withheld on u claim sha: it is
travel to u place more than EGG miles from the place where that person resides, is privileged orsubiectto protection as trial preparation materials, she claim shall be
employed or regularly trarisacts business in person. except that, subjec: to the made expressly and shall he supported by a description ol` the nature ol` tire
provisions of clause (c) (3) (B) {iii) of this rule, such a person may in order to documents,communicationsprthings notproduced that is sullieient to enubletitc
attend mmmclcmantiing party to contest the claim

Case 1:04-cv-00339-JJF Document 87-2 Filed O3/28/2005 Page 3 of 4
EXHIBIT “A" TO THE SUBPOENA ADDRESSED TO THE
RECORDS CUSTODIAN OF VP CONSOLIDATED
HOLDINGS, INC., tl/b/a VARCO PRUDEN BUILDINGS, INC.
As used herein, "Document" shall mean every writing or record, however produced,
reproduced or preserved, including, but not iirnited to, every book, pamphlet, periodical, letter,
memorandum, telegram, report, record, study, interofiice 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 VP Consolidated Holdings, Inc., including
agents and representatives acting on it’s behalf.
As used herein, “‘Subject Buildings" shall refer to buildings that were erected in or about
i995, and in or about l999, located at 97 Commerce Way, Dover, DE, and owned by Del—Homes
Catalog Group, LLC in which your products and/or services were supplied to LW,. Walker & Sons,
Inc. (V.P. Job Nor 85892-02).
DOCUMENTS TO BE PRODUCED
Produce every Document related to or concerning the Subject Buildings, including but not
limited to the following:
I. Every Document relating to the supply of goods, building components, building(s),
or other products or services to the Subject Buildings or the construction, collapse,
demolition, repair, reconstruction, testing, modification, engineering, design of and

Case 1:04-cv—OO339-JJF Document 87-2 Filed O3/28/2005 Page 4 of 4
damage to the Subject Buildings. Your production should include, but not be limited
to, the following: contracts, purchase orders, product specifications and engineering
section properties of all building components and building(s) 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, iield notes,
measurements, observations, insurance agreements and subrogation waivers.

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