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

Case 1 :04-cv-00339-JJ F Docu ment 1 12-2 Filed 05/20/2005 Page 1 of 4

Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DEIAWARE
Millers Capital Ins. Co. alkla Del-Homes Catalog, SUBPOENA IN A CIVIL C ASE
V.
Lighthouse Construction, Inc., etal. Case Numbcril 04639 and 044 322
(Gonsolidated)
TO: Records Custodian for Ralph G. Degli Obizzi & Sons, Inc.
400 Robinson Lane
Wilmington, DE 19805
EI 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.
PLACE or TESTIMONY COURTROOM
DATE AND TIME
El 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. `
PLACE or DEPOSITION I DATE AND 'l'[ME
IZ 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 ATTACHED EXHIBIT "A"
PLACE wETzEI. a ASSOCIATES, r·.A,, The carnage House, Suite 201 DATE AND WE I
1100 North Grant Avenue, wiimmgion, DE 19805 6/7/ZOO5 lO·OO am
I] YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
I>IzEMIsEs I DATE AND 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).
IS uINo oI=I=IcEI<·s SIGNATURE AND TITLE (INDIcATE IF ATTORNEY ron PLAINTIFF on DEFENDANT) DATE
A — A 5/20/2005
IS u lCER’S NAME, ADD s A PHONE NUMBER
Natalie M. Ippolito, Esquire, Wetzel &Associates, P.A., The Carriage House, Suite 201, 1100 North Grant Avenue,
Wilmington, DE 19805; -(302) 652-1200; Attorney for Third-Party Defendant, East Coast Erectors, Inc.
(su Rule 4:, mm Ruta {cam pmtm, pim c It E mt next page)
‘ lf action is pending in district other than district of issuance, state district under case number.

Case 1 :04-cv-00339-JJF Document 1 12-2 Filed 05/20/2005 Page 2 of 4


PROOF OF SERVICE

DATE PLACE
SERVED

SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER

I declare under penmty of perj ury und er the laws ofthe United States of America that the foregoing infomation contained
in the Proof of Service is true and correct.
Executed on
DATE SIGNATURE OP SERVER
ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT T0 SUBPOENAS.
(I) A party or an attomey 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 such place within the state in which the
on a person sulject to that subpoena, The court on behalf of which the subpoena trial is held, or
was issued shall enforce this duty and impose upon the party or attomey in breach
of this duty an appropriate sanction which may include, but is not limited to, lost (iii) requires disclosure of privileged or other protected matter and
eamings and reasonable attomey’s fee. no exception or waiver applies, or
(iv) subjects a person to undue burden.
(2) (A) A person commanded to produce and pennit inspection and copying
of designated books, papers, documents or tangible things, or inspection of (B) lf a subpoena
premises need not appear in person at the place of production or inspection unless
commanded to appear for deposition, hearing or trial. (i) requires disclosure of a trade secret or other conidential
research, development, or commercial infomtation, or
(E) Subject to paragraph (d) (2) of this rule, a person commanded to (ii) requires disclosure of an unretained expert’s opinion or
produce and pemrit inspection and copying may, within I4 days atter service of infomation not describing specinc events or occurrences in dispute and resulting
subpoena or before the time specitied for compliance if such time is less than 14 Rom thc expen’s study made not at the request of any party, or
days aher service, serve upon the party or attomey designated in the subpoena (iii) requires a person whois not a party or an otiicer of a party to
written objection to inspection or copying of any or all ofthe designated materials incur substantial expense tn travel more than 100 miles to attend trial, the court
or of the premises. If objection is made, the party serving the subpoena shall not may, to protect a person subject to or aifected by the subpoena, quash or modity
be entitled to inspect and eopy materials or inspect the 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 met
made, the party sewing the subpoena may, upon noticeto the person commanded 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 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 specined conditions.
ofticer of a party from significant expense resulting from the inspection and
copying commanded. (d) DUTIES IN RESPONDING TO SUBPOENA.
(3) (A) On timely motion, the 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 if 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 allow reasonable time for compliance,
(ii) requires a person who is not a party or an otticer of a party to (2) When infomtation subject to a subpoena is withheld on a claim that it is
travel to a place more than 100 miles from the place where that person resides, is privileged or subject to protection as trial preparation materials, the claim shall be
employed 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 documents,communicati0ns,orthit1gs not produced thatis sufficienttoenable the
attend mmmdemanding party to contest the claim.

Case 1 :04-cv-00339-JJF Document 1 12-2 Filed 05/20/2005 Page 3 of 4
EXHIBIT "A” TO THE SUBPOENA ADDRESSED TO THE
RECORDS CUSTODIAN OF RALPH G. DEGLI OBIZZI & SONS, INC
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, interoffice or intra office communication,
memorandum reflecting an oral communication, handwritten or other note, working paper, draft,
application, permit, chart, drawing, paper, graph, survey, photograph, 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
L maintained on discs, tapes or computers.
As used herein, "you" a.nd "y0ur" shall mean Ralph G. Degli Obizzi & Sons, Inc.,
including agents and representatives acting on its behalf.
As used herein, the "1995 Building" shall refer to building that was erected in or about
1995, located at 97 Commerce Way, Dover, DE, and owned by Del-Homes Catalog Group, LLC.
As used herein, the "1999 Building" shall refer to building that was erected in or about
1999, located at 97 Commerce Way, Dover, DE, and owned by Del-Homes Catalog Group, LLC.
As used herein, “Subject Bui1dings" 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., in which you supplied products and/or services.
DOCUMENTS TO BE PRODUCED
Produce every Document related to or conceming the Subject Buildings, including but
not limited to the following:

Case 1:04-cv-00339-JJF Document 112-2 Filed 05/20/2005 Page 4 of 4
1. Every Document relating to the construction, modification, engineering, load,
design load, stone ballast, design and installation of the modification to the roof` drainage
system of the 1995 Building in conjunction with the construction of the 1999 Building,
and design of the Subject Buildings. Your production should include, but not be limited
to, the following: contracts, proposals, purchase orders, estimates, specifications, change
orders, bid doctunents, roof specifications, correspondence, emails, product
specifications, work papers, tallies, construction drawings, engineering drawings,
architectural drawings, design drawings, photographs, reports, engineering notes,
engineering calculations, reference materials, correspondence, logs, drawings, diagrams,
graphs, invoices, shipping documents, field notes, measurements, and observations.

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