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

Case 1:07-cv-00119-GIVIS Document 20 Filed O1/O3/2008 Page 1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INVISTA S,a.r.l. and INVISTA )
(Canada) Company, )
)
Plaintiffs, )
)
v, ) Civil Action No. 07-1 I9 (GMS)
)
FIBER RESOURCES INTERNATIONAL, )
INC, )
)
Defendant. )
I’LAINTIFFS’ NOTICE OF RULE 30(B)(6) DEPOSITTON OF
DEFENDANT FIBER RESOURCES, INC.
TO: David L. Finger W. Winston Briggs
Finger & Slanina, LLC Decker, I—Ialhnan, Barber & Briggs
One Commerce Center 17th Floor
l20l Orange Street, Suite 725 260 Peachtree Street
Wilmington, DE l980l~l ISS Atlanta, GA 30303
PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 30(b)(6),
counsel for Plaintiffs INVISTA S.a.r.l. and INVISTA (Canada) Company (collectively
°‘INVISTA" or ‘“Plaintiffs") will take the deposition of Defendant Fiber Resources International,
Inc. (°‘l*M" or “Defendant"), upon oral examination at the oflices of Alston & Bird, LLP, l20l
W, Peachtree Street, Atlanta, GA 303096424, on Friday, January IS, 2008, beginning at 9:00
am, EDT, or at such other time and location as agreed upon by counsel, and continuing
thereafter from time—to—time and day·to—day until completion.
The deposition will be taken before a Notary Public or other person duly authorized by
law to administer oaths, will be recorded by stenographic and/or videographic means, and will be
conducted pursuant to the provisions of the Federal Rules of Civil Procedure and Federal Rules
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Case 1:07-cv-00119-GMS Document 20 Filed O1/O3/2008 Page 2 of 4
of Evidence for the purpose of discovery, use as evidence at trial, and any other purposes
allowed by law.
Pursuant to Rule 30(b)(6) of the Federal Rules of`Civil Procedure, INVISTA requests that
FRI make available for deposition one or more ofiicers, directors, or managing agents, or other
persons who consent to testify on its behalf, with respect to the topics listed below
DEFINITIONS
TNVISTA incorporates by reference the Definitions set forth in Plaintiffs First Set of
lnterrogatories and Requests for Production to Defendant.
DEPOSITION TOPICS
l. FR.i’s purchase of fiber hom DuPont or INVISTA.
2. The terms and/or conditions of any agreement between FRI and DuPont or
INVISTA, inciuded any alleged exclusive dealings agreement.
3. Any communications between FR] and DuPont or INVISTA that relate or refer to
any alleged exclusive dealings agreement.
4. The identity of the persons who negotiated the alleged exclusive dealings
agreement on behalf of FRI, DuPont, and/or INVISTA.
5. FRI’s sale of iiber previously purchased from DuPont or IMNVISTA.
6. liRl’s sales, revenues, profits and/or expenses from the sale of fiber previously
purchased from DuPont or INVISTA.
7. FRl’s purchase of fiber for concrete reinforcement from suppliers other than
DuPont or INVISTA from 200i up to and including May 2006, including the terms and
conditions of those transactions.
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Case 1:07-cv-00119-GMS Document 20 Filed O1/O3/2008 Page 3 of 4
S. FRi’s efforts to create, expand or service a commercial anarket for the sale of
concrete fiber (or "concrete n1aterial"), including any expenses incurred in such efforts.
9. Any information provided by FRI to DuPont for the production of concrete
rnaterial, as alleged in Paragraph 24 of FRl”s Answer and Counterclairn,
10. FRi’s processing plant that was used for the production of concrete material, as
alleged in Paragraph 23 ofFRi’s Answer and Counterclaim.
ll. FRi’s damages claims, including the methods of calculation and the amount
claimed.
I2 FRI’s efforts, if any, to mitigate its losses, if any, allegedly resulting from the
purported breach ofthe alleged exclusive dealings agreeinent.
I3,. Ti· ter`s and conditions of FRl’s alleged contract and/or relationship with
Nycon.
14. The factual allegations that FR] believes supports its contention that INVISTA
interfered with the alleged contract and/or relationship between FRI and Nycon for the purchase
and sale of fiber for concrete reinforcement.
l5,. FRI’s legal claims and defenses, including the factual allegations in support of
those claims and defenses,
Jeffrey L. oyer (#3309)
OF COUNSEL: [email protected]
Robert L, Lee Kelly E. Farnan (#4395)
Rebecca B. Crawford [email protected]
Alston & Bird LLP Richards, Layton & Finger
l20l West Peachtree Street One Rodney Square, P,O. Box 551
Atlanta, Georgia 30309-3424 Wilmington, DE 19899
(404) 88l—7000 Aflor:rey~rf01‘PIai11l% IN VISTA S. dn it I. and
IN VISTA (Cczncrclcr) Compcmy
Dated: January 3, 2008
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Case 1:07-cv-00119-GMS Document 20 Filed O1/O3/2008 Page 4 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
E HEREBY CERTIFY that on January 3, 2008, I electronically tiled the foregoing with
the Clerk of Court using CM/ECF and caused the same to he served on the defendant at the
address and in the nianuer indicated below:
BY HAND DELIVERY BY FIRST-CLASS U.S. MAIL
David L. Finger W. Winston Briggs
Finger & Slanina, LLC Decker, Iiallznarr, Barber & Briggs
One Commerce Center 17th Floor
1201 Orange Street, Suite 725 260 Peachtree Street
Wilmington, DE I980i-4155 Atlanta, GA 30303
Kelly E. lglgrnan (#4395)
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