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

Case 1 :04-cv-00339-JJF Document 105-2 Filed 05/02/2005 Page 1 of 4
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Issued by the
UNITED STATES D1sTmcT COURT
Drsrmcr OF DELAWARE
Millers Capital ins. Co. a/kla Del-Homes Catalog SUBPOENA IN A CIVIL CASE
V.
Lighthouse Construction, Inc., et al. Case Number:] 0+339 and 04432
TO; Russ Daniels, P.E.
Paul Zamrowski Associates, Inc.
15 Barr Road
Berwyn, PA 19312
El 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 nzsinnoirv counrnoom
DATE AND mm
I] 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 OF DEPOSIHON werzsr s Associates, 1=·.A., nie carnage i-reuse, Suite 201, DATE AND TM
1100 North Grant Avenue, vntmrngtnn, oe 19805 5/24/2005 WOO am
I] YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time speciied below (list doctunems or objects):
See Exhibit "A" attached hereto.
PLACE Wetzel & Associates, P.A., The Carriage House, Suite 201, DATE AND TIME
1100 North Grant Avenue, Vlhlmington, Delaware 19805 5/MI2005 mlm am
I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specilied below.
mzsrvnsss IDATE ANDTIME
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).
rs .· c omcsws SIGNATURE AND Tmss (INDICATE rr ATTORNEY son PLAIZNTIFF on DEFENDANT) DATE
\ A it ' A4 -s.z, Wi 5’2’2°°5
`T`iTTFh#’ NAME, AD mass · F$F'*'• I- NUMBER
Natalie lppolito, Esquire, Attorney for Third·Perty Defendant East Coast Erectors, Inc., Wetzel & Associates, P.A.,
The Carriage House, Suite 201, 1100 North Grant Avenue, Wilmington, Delaware 19805 (302) 652-1200
(See Rule 45. Fedeaalkulcs of Civil Procedure, Parts C &D on next page)
‘ Ifaction is pmding in district nther than district of issuance, state district under case numba.

Case 1 :04-cv-00339-JJF Document 105-2 Filed 05/02/2005 Page 2 of 4
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PROOF OF SERVICE
DATE PLACE
SERVED

SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME) 'I’l'I'LE

DECLARATION OF SERVER

I declare under penalty cfpcrjury under the laws ofthe United States of America tlmtthc foregoing information contained
in the Proof of Service is tmc and correct.
Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(e) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A party or an attnrney responsible for the issuance and service nf a
subpoena shallunke reasonable steps tn avoid imposing undue burden nr expe-me trial be commanded tn travel Bum any such place within the state in which the
unapmmnsubjecttcthatnltlxpunna. 'fhewutnnbchalfcfwlnchthestthpouu t.rialisheld,¤r
was issued shall enforce this duty and imposeupnn the party ur attorney in breach
ufthis duty an appropriate ssnctiun which may include, but is nutlimited tc, lost. (iii) requires disclosme of privileged ar nth: protected mauer and
earnings and reasonable attnrney’s fee. no exception cr waiver applies, at
(iv) suljects a pawn tn undue burden.
(2) (A) Apersun commanded to produce and permit inspection and copying
of designated banks, papers, documuits or tangible things, or impectirm of (B) lf a subpnena
pnauisesneednot appear inpersnn atihe place nfprmductimnurinspectinn unlas
commanded tn appear for deposition, hearing nr trial (i) requires disclosure of a trade secret or other confidential
research, development, ur cmnmercial information, or
(B) Sulject tc paragraph (d) (2) nf this rule, a person mmmandecl tu (ii) requires disclosure of an umetained :xpsrt’s opinion nr
pmduce and permit inspection and copying may, within 14 days aber service of infomation not describing specificevents or nccurrencesin dispute and resulting
subpoena nrhefnre thetime speciiicdfur compliance ifsuch time is less than 14 from the experfs study mademtatthereqimcstcfanyparty, or
days aB¤ snvice, serve upon the party nr attorney designated in the subpcma (iii) requires a person who is not a party uran nH'mer of a partytn
written objection tu inspection ur copying of any cr all ofthe designated materials incur substantial expense to travel more than 100 mils tn attend trial, the coun
ornfthepremises. Ifoljedinn ismsde, thepartyscrving thesuhpoena slull not may, to protect: person subject to uraffectnd bythe subpoena, quash ur modify
beentitlsdminepectandmpymtedalsmimpcettheprernisesarceptpmnuant the subpoena, or, if the party in who behalfthe subpoena is issued shows a
to an order ofthe emntlsy which the subpoena was issued. lfoljection has been substantial need for the lestimuny nr material that cannot be nllterwisc met
madqthepsrty servingthe subpoena ma*y,up0n ncticetc thepmsnn commanded without undue hardship and assures that the person to wlmm the subpoena is
to produce, move at any time for an order to compel the production. Such an addressed will be reasonably oumpmmated, the court may order appearance or
order to comply production shall protect any pemm who is nat a party or an production only upon specified conditions.
ofticer of a party Emu significant expense resulting hom the inspection and
wpying cummmded. (d) DUTIES IN RESPONDING TO SUBPOENA.
(3) (A) On timely motion, the omni by which A subpoena was issued shsll (1) A person responding to a subpoena in pmsiucedoctlments shall produce
quash ur modify the subpoena if it them as they are kept in the usual course of business or shall organize and label
them tn correspond with the categories in the demand.
(i) fails to sllnw reasonable time for cumplianee,
(ii) requires sperscnwho isnntapartyor an 0Bicer0fapartytn (2)When information sulgjectto asubpoenaiswithheldcn saaleirntlnat itis
tmvelto a place more than 100 miles from the place where that person resides, is privileged nrsubjecttnprntsctinn as trialprcparstionmaterials, the claim shall be
employed or regularly tnnsacts business in person, except that, subject tn the made expressly and shall he supported by a description of the nature of the
prnvisiuns nf clause (c) (3) (B) (iii) nf this nnle, such a pnsrm may in ordn tn iln¤urn¤1ts,¤umm1¤xi•uti¤ns, crthingsnntprcducedtlmtissmrlliciuuattccnnblethe
attend mmrndemanding party to contest the claim.

Case 1:04-cv-00339-JJF Document 105-2 Filed 05/02/2005 Page 3 of 4
EXHIBIT “A" TO THE SUBPOENA ADDRESSED TO THE
RECORDS CUSTODIAN OF PAUL ZAMROWSKI ASSOCIATES, 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, 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 Paul Zamrowski Associates, Inc.,
including agents and representatives acting on its behalf.
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.
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 construction, collapse, demolition, repair,
reconstruction, testing, modification, engineering, load, design load, stone
ballast, design of and damage to the Subject Buildings. Your production
should include, but not be limited to, the following: contracts, purchase
orders, estimates, correspondence, emails, product specifications, work

Case 1:04-cv-00339-JJF Document 105-2 Filed 05/02/2005 Page 4 of 4
papers, tallies, fabrication drawings, photographs, 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.

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