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

Case 1 :04-cv-00339-JJ F Docu ment 1 1 1 -2 Filed 05/20/2005 Page 1 of 4
Issued by the
UNITED STATES DISTRICT COURT
DISTRICT or DELAWARE
Millers Capital Ins. Co. alkla Del-Homes Catalog, SUBPOEN A IN A CIVIL CASE
V.
Lighthouse Construction, Inc., etal. Case Number? 04339 and 044322
(Consolidated)
TO: Records Custodian for Quality Exteriors, lnc.
168 Deer Haven Drive
Harrington, DE 19952
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 TIME
IZ YOU ARE COMMANDED to produce and pennit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list doctnnents or objects):
SEE ATTACHED EXHIBIT "A" ‘ n
PLACE WETZEL & ASSOCIATES, P.A,, The Carriage House, Suite 201 DATE AND HM'; _
1100 Nunn Grant Avenue, watmangten, DE 19805 0/7/2005 10-00 em
El YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
I>IzEM1sEs 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).
Iss ~ .OFFICER’S SIGNATURE AND TITLE (n~rD1cATE rr ATTORNEY ron PLATNTIFF on DEFENDANT) DATE
uthtyq- in gms 5’2°’2°°5
Issut $@ Irs NAME, ADDRES A • HONE 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.
'“ (se not Is, r¤`ti7t Ruta srctvn procedure, vm? Kr 0 .1.. next ptga
' If action is pending in district other than district of issuance, state district under case number.

Case 1 :04-cv-00339-JJF Document 1 1 1 -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 penalty of perjury 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 SIGNATURE OF SERVER
ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) 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 subject 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, doctunents or tangible things, or inspection of (B) If 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 confidential
research, development, or commercial information, or
(B) Subject to paragraph (d) (1) of this rule, a person commanded to (ii) requires disclosure of an unretained expert’s opinion or
produce and permit inspection and copying may, within 14 days after service of infomation not describing specific events or occurrences in dispute and resulting
subpoena or before the time specified for compliance if such time is less than 14 from the expert’s study made not at the request of any party, or
days alter service, serve upon the party or attomey designated in the subpoena (iii) requires a person who is not a party or an otiicer of a party to
written objection to inspection or copying of any or all of the designated materials incur substantial expense to travel more than 100 miles to attend trial, t11e court
or of the premises. lf objection is made, the party sewing 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, 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 no compel the production, Such an addressed will be reasonably compensated, tl1e court may order appearance or
order to comply production shall protect any person who is not a party or an production only upon specified conditions.
officer 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 ofiicer of a party to (2) When information 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 subjcct 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 thc nature of the
provisions of clause (c) (3) (B) (iii) of this rule, such a person may in ordcr to documents, communications, or things notproduced thatis sufticicnttoenable the
attend mmmdemanding party to contest the claim.

Case 1 :04-cv-00339-JJF Document 1 1 1 -2 Filed 05/20/2005 Page 3 of 4
EXHIBIT "A” TO THE SUBPOENA ADDRESSED TO THE
RECORDS CUSTODIAN OF QUALITY EXTERIORS, 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,
memorandmn, telegram, report, record, study, interoffice or intra office communication,
memorandum reflecting an oral corruntmication, 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, 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 Quality Exteriors, 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 "l999 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, "SubjectBui1dings" 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 concerning the Subject Buildings, including but
not limited to the following:

Case 1 :04-cv-00339-JJF Document 1 1 1 -2 Filed 05/20/2005 Page 4 of 4
l. 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 documents, 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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