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

Case 1 :04-cv-00339-JJ F Docu ment 100-2 Filed 04/29/2005 Page 1 of 4
edgy; [Key gg I s hm I, in II gm gm
Issued by the
UNITED STATES DISTRICT Comm
EASTERN DISTRICT gp PENNSYLVANIA
Millers Capital [HS. C0. B/K/B DEl·HDmSs Catalog SUBPOENA IN A CIVIL CASE
V.
_ _ Consolidated
Lighthouse Construction, inc., etal Case Number! 044539 and 044322
USDC —— Dj.5I;I1'Il.C‘I; of Delamuse
TO: Allied Salvors, Inc.
Attn: Edward Flanagan
1268 Woodsview Drive
Boothwyn, PA 19061
El YOU ARE. COMMANDED to appear inthe United States District court at the place, date, and time specified below to
testify in the above case.
r·tAce oe Tesruvionv couimzoom
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.
rr. Ace or oer·os1T1oN o/tre AND TIME
I] 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.
PLACE Wetzel & Assoc., Attn: Natalie ippolito, The Carriage House, Suite 201, DATE AND'.-IME
1100 N. Grant Avenue, wrrmrngton, oe issos 5/9/2005 1 000 am
El YOU ARE COMMANDED to permit inspection of the following premises at the date and time speciiied below.
Pnemises 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 ofticers,
directors, or managing agents, or other persons who consent to testify on its behali 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 1 oeetcervs srouivrurte AND TITLE (INDICATE rr A’I'l`ORNEY Fort rt AtNTu¤1= on DEFENDANT) DATE
A "` L/'
.;__ ,AA!4Aa' ` -4,
rss 1u•\’@¥' ·s NAME, ADDRESS AN on uurteerz
Natalie Ippolito, Attorney for Defendant East Coast Erectors, Inc.
The Carnage House, Suite 201, 1100 N. Grant Avenue., Wilmington, DE 19805
(Sue Rule ·l5. Fcdcrnl Rules ofClvil Procedure, Pnns C Kt D on next png:)
' II action is pending in district other than distri1:tot‘issu:u1cc. state district under cnsc number

Case 1 :04-cv-00339-JJF Document 100-2 Fnled 04/29/2005 Page 2 of 4
= •;;2,aj_y nam e;. ..__.,4_.__.T-__.;._-.v__..,._.“,.4.-_...

PROOF OF SERVICE
DATE PLACE
SERVED

SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER
Idcclarc under penalty of pcnjury under the laws ofthe United States of America that thc foregoing information contained
in the Proof ufScrvicc is mw and correct.
Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Pans C &. D:
(c) PROTECTION OF PERSONS SUBJECT T0 SUBPOENAS.
(1) A party cr an altnmcy responsible fur the iaauanca and servioa uf a
subpoena shall iaka rcaamublc steps tn avoid imposing undue lnntian nrcxpensc trial he commanded to travel from any such plane wilhin thc stale in which E15
unapnsonunhjadmdutwbpnma. Thccmmcnbchalfafwltichdscsubpcena trialis hcld,0r
was issued shall enforce this duty and impose upon the party ur attnmcy in breach
ofthis duty an appropriate sanction which may includc, but is not limiud tc, lust (iii) requirzs disclosure nfprivilegod or other pmtcctadmmur and
eamings and rusnnablc attm:ncy’s fcc. nn exception or waiver applies, or
(iv) subjects a person to undue burden.
(2) (A) A pcmon cnmmandedmpmducn and permit inspection and copying
of designated lxmka, papers, documents nr tangible things, cr inspection of (B) [fa subpoena
prvmisesnzadmtappcarntpmsm atthcplanenfpmdantlnn crinapccliunuulcss
cmnmandedhn appear for depositinnjsaring nrtrial (E) requires disclosure cf a trad: secret or other c¤nHd¤n1.ial
msurch., development, or commercial infomation, or
(B) Subject tn paragraph (d) (2) nf this rule, a person commanded to (ii) requires disclosure of an unmtainzd ¤xp¤1’s opinion ur
pmdunc and pcnnit inspection and copying may, within 14 days ah: scrvicc of inf¤una1i¤nn0td¤sm`bing spnciic cvmts or oocummws in dispute: andmsnlting
subpoena ur before 111: tim: speciisd for compliance iftuch time is less than 14 Bum the expenfs study made not at the requnst of any party, cr
days ahur scwics, serve upon the party nr attorney designated in the suhpnma (iii) requires a person who is nntaparty uranollicor ofa party tn
written objection to inspection or copying of any or allnfthedcsignatod materials incur substantial expense tn travel mom than 100 miles to attend trial, the court
or cf the premises. Ifobjcctinn is made, the pany sawing the subpoena shall not may, tn pmtnct a person sulgject tu nr atfactarl by the subpoena, quash nr modify
bc mtitlsdtc inspect andwpy materials nr inspcctthcprcmiscs except punnant the subpoena, or, if the party in wlm behalf thc nthpccnn is issued shows a
to an order ofthe court by which the subpoena was iasuad. Ifcbjncticn lm! been substantial need for the tutinwny or malaria} that umm be n1.l1¤·wis= mn
mad¤,th¤party anvingthcsulspncna may, upon nuticetc the penun commanded withunt undue luniship and assures that the pcnnn to whom the subpoena is
to prrnchwc, mnva at any time fur an order to compel thc production. Such an adntcssad will be reasonably compensated, tlw court may order appeaaannc nr
ards: in comply production shall protect any person who is not a pany or an production only upon spcciljcd condition
chica: of a party Rom sigrtiiicant expense resulting Emu thc inspection and
copying cammamlnd. (cl) DUTIES IN RESPONDING TO SUBPOENA.
(3) (A) On timely mation, dn: umm by which a subpoena was issued shall (1) A pawn responding In a subpoena tn pmdume dacnrnmts shall produc:
quash or modify the subpoena if it them as they are kept in the usual mum: oflmsinesa at shall organize and label
them tn cmmnpnnd with the camgmics in the demand,
(i) fails to allow reasonable time far wmpliancc,
(il)r¤quiresapcn¤nwl10isnnlaparty¢n·an¤Eliccr¤l`apa:tyl¤ (2)Wheninfcrmatinnsubjmzttnasubpomalswixlnhzldmacbhnmatith
navel tn a plan: mm than 100 miles linm the plane when that pzmn wsides, is privilcgcdmsubjacttoprolscticnas trial preparation mat¤·is¤ls,11m claim shall be
mnpluyed on-regularly transacts buninnss in penun, except that, subject tn the matic expmasly and shall be suppmtcd by a description of the nature of tha
provisions nf clause (c) (3) (B) (iii) nfihis 1111:, auch a pcmcn may in order to dnc1une¤t¤,¤nmmunicarions,nrthingsnntpn·nd11¤¤dtl¤ati¤ sullinimtlumablctlwe
am-nd mmmdemanding party tn contest the claim.

Case 1:04-cv-00339-JJF Document 100-2 Filed 04/29/2005 Page 3 of 4
EXHIBIT "A” T0 [HE SUBPOENA ADDRESSED T0 THE
RECORDS CUSTODIAN OF ALLIED SALVORS, 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, interoftice or intra oftice
communication, memorandum reflecting an oral communication, handwritten or other
note, working paper, schedule, timesheet, draft, application, permit, chart, drawing,
photograph, 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, “y0u" and "your" shall mean Allied Salvors, 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.
As used herein, “Salvage Operation" shall refer to your salvage recovery and
inventory count of Eziba.com’s pick and jewelry inventory recovered from the Subject
Buildings.
DOCUMENTS T0 BE PRODUCED
Produce every Document related to or concerning the Salvage Operation,
including but not limited to the following:

Case 1:04-cv-00339-JJF Document 100-2 Filed 04/29/2005 Page 4 of 4
It All work papers, schedules, lists, spreadsheets, inventory lists, invoices,
purchase orders, photographs, correspondence and other documents
reviewed by you, relied upon by you or created by you in connection with
the salvage recovery and inventory count of` Eziba.com’s inventory from
the Subject Buildings.
2. All tirnesheets related to your removal of Eziba.com’s stock and inventory
from the Subject Buildings and all timesheets related to your physical
inventory count ofthe stock.

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