Free Notice (Other) - District Court of Delaware - Delaware

Case 1:07-cv-00826-SLR

Document 69

Filed 08/26/2008

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ACCENTURE GLOBAL SERVICES, GmbH ) and ACCENTURE, LLP, ) ) Plaintiffs, ) ) v. ) ) GUIDEWIRE SOFTWARE, INC., ) ) Defendant. )

C.A. No. 07-826 (SLR)

NOTICE OF SUBPOENA TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that the attached subpoena is being served upon The Travelers Companies, Inc. MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Julia Heaney (#3052)
Jack B. Blumenfeld (#1014) Julia Heaney (#3052) 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected] Attorneys for Defendant Guidewire Software Inc.

OF COUNSEL: Daralyn J. Durie Clement S. Roberts Joseph C. Gratz Eric K. Chiu KEKER & VAN NEST LLP 710 Sansome Street San Francisco, CA 94111 (415) 391-5400 August 26, 2008

Case 1:07-cv-00826-SLR

Document 69

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CERTIFICATE OF SERVICE I hereby certify that on August 26, 2008 I electronically filed the foregoing with the Clerk of the Court using CM/ECF, which will send notification of such filing to:. Richard L. Horwitz David E. Moore POTTER ANDERSON & CORROON LLP I further certify that I caused to be served copies of the foregoing document on August 26, 2008 upon the following in the manner indicated: BY ELECTRONIC MAIL Richard L. Horwitz, Esquire David E. Moore, Esquire POTTER ANDERSON & CORROON LLP 1313 North Market Street Wilmington, DE 19801 James Pooley, Esquire L. Scott Oliver, Esquire MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, CA 94304

/s/ Julia Heaney (#3052)
Julia Heaney (#3052)

Case 1:07-cv-00826-SLR
~ A088 (Rev. 12/07) Subpoena in a Civil Case

Document 69-2
Issued by the

Filed 08/26/2008

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,.

UNTED STATES DISTRICT COURT DISTRICT OF MISOTA
ACCENTURE GLOBAL SERVICES, GmbH and

ACCENTUR, LLP

SUBPOENA IN A CIVIL CASE
V.

GUIEWI SOFTWAR, INC.

i

Case Number: 07-826(SLR)

USDC DISTRICT OF DELAWAR

TO: THE TRAVELERS COMPANS, INC. 385 Washington Street Saint Paul, MN 55102 (Tel: 651-310-7911) D YOU AR COMMED to appear in the United States District cour at the place, date, and time specified below to

PLACE OF TESTIONY COURTROOM
DATE AN TI

testify in the above case.

D YOU AR COMMNDED to appear at the place, date, and time specified below to testify at the taking of a deposition
PLACE OF DEPosmON
I I Li YOU AR COMMED to produce and DATE AN

TI

permit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects):

See Attchment
DATE AN TI

PLACE

501 Marquette Ave., #100 Minneapolis, MN 55402
Tele hone: 612-349-9272 / Contact: Rick Morris 0 s

September 25, 2008
2:00 p.m.

D YOU AR COMMANED to permit inspection of the following premises at the date and time specified below.
PREMiSES

I DAT~DTI
Any organization not a par to this suit that is subpoenaed for the taking of a deposition shall designate one or more
offcers, 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 Rule of Civil Procedure 30(b)(6).

o OR PLATI OR DEFEANl) DATE

Attome s for Defendant
ISSUIG OFFICER'S NAM, ADD

Au st 26 2008
Tele hone: 415-391-5400
(See Federa Rule of Civil

Joseph C. Gratz, Keker & V 710 Sansome Street, San Fr
Procedure 45 (c), (d), and (e), on next page)

i If action is pending in district other than distrct of issuance, state distrct under case number.
A0-88

Case 1:07-cv-00826-SLR
A088 (Rev. 12/07) Subpoena in a Civil Case (page 2)

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PROOF OF SERVICE
DATE

PLACE

SERVED
SERVED ON (pRIT NAM)

MAR OF SERVICE

SERVED BY (pRIT NAME)

TIE
DECLARTION OF SERVER

I declare under penalty of

perjury under the laws of

the United States of America that the foregoing information contained

in the Proof of Service is tre and correct.
Executed on
DATE

SIGNATU OF SERVER

ADDRESS OF SERVER

Federal Rule of (c) PROTECTG

Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007:

A PERSON SUBJCTTOA SUBPOENA. (i) shows a substatial need for the testiony or material that canot be otherwse
DuTIS

(1) Avoidig Undue Burden or Expnse; Sanctions. A par or attomey responsible for met without undue hardship; and issuig and servg a subpoena must tae reasonable steps to avoid imposing undue burden or (ü) ensures tht the subpoenaed person wi be reasonably compensated.
expense on a person subject to the subpoena. The issuig cour must enforce ths duty and (d)

impose an appropriate sanction - which may include lost eargs and reaonable attorney's

IN RESPONnINGTOA SUBPOENA.

fees - on a par or attorney who fails to comply. (1) Producing Documents or Electronically Stored Inormation. These procedures apply

not appear in person at the place of production or inspecton uuess also commanded to appear produce them as they are kept in the ordiar course of business or must organe and label them

(2) Command to Produce Materials or Permt hispection. to producing documents or electronically stored inormtion: (A) Appearance Not Requied. A person commded to produce documents, (A) Documents. A person respondig to a subpoena to produce documents must
ff) Obiections. A oerson commanded to oroduce documents or taeible thes or to ff) Form for Producing Electronicallv Stored Tnform.tion Not Snecified Tf.

for a deposition, hearg, or tral. to correspond to the categories in the demand.
permt insp~¿tion -may serve' on the par or atto~ey designated in the subpoena a ~tten subpoen; does not specify a fo~ for pr~d~~ing el~~tr~ircii ~lo~;d - Ino~ati~~:-i~-pe~o~

objection to inspectig, copyig, testig or samplig any or all of the materals or to inspectig respondig must produce it in a form or form in which it is ordiarly maitaed or in a
the prenuses - or to producing electronicaly stored inormation in the form or forms requested. reasonably usable form or forms.
The objection must be served before the earlier the tie specifed for compliance or 14 days (C) Electronicaly Stored Inormtion Produced in Ouy One Form. The person of afer the subpoena is served. If an objection is made, the followig rues apply: respondig need not produce the sae electronically stored inormation in more than one form.

(i) At any tie, on notice to the commanded person, the servg par may move (D) hiaccessible Electronicaly Stored Inormation. The persn responding need not
the issuig cour for an order compelling production or inspection. provide discovery of electronicaly stored inormation from sources that the person identies as

(ü) These acts may be requied ouly as diected in the order, and the order must not reaonably accessible because of undue burden or cost. On motion to compel discover or
protect a person who is neither a par nor a par's offcer from signcant expense resultig for a protective order, the person respondig must show that the inormation is not reasonably

from compliance. accessible because of undue burden or cost. If that showig is made, the cour may nonetheless
(3) Quhig or Modig a Subpoena.

(A) When Requied. On tiely motion, the issuig cour must quash or modify a
subpoena that:

order discovery from such sources if the requestig par shows good cause, considerig the limtations of Rule 26(b)(2)(C). The cour may specif conditions for the discovery.

(2) Claig Prviege or Protection.
(A) Inormation Witheld. A person witholdig subpoenaed inormation under a

(i) fais to alow a reasonable tie to comply; (ii) requies a person who is neither a par nor a pars offcer to travel more
than 100 mies from where that person resides, is employed, or reguarly trsacts business in

clai that it is privieged or subject to protecton as tral-prepartion material must:
(i) expressly make the clai; and (ü) describe the nae of the witheld documents, communcatons, or

person - except that, subject to Rule 45(c)(3)(B)(iü), the person may be commanded to attend a tral by trveling from any such place with the stae where the tral is held;

tagible thgs in a maner that, without revealg inormtion itself privileged or protected, wil

(iü) requies disclosure of privieged or other protected matter, if no exception
or waiver applies; or
(iv) subjects a person to undue burden.

enable the pares to assess the clai.
(B) Inormation Produced. If inormation produced in response to a subpoena is

subject to a clai of priviege or of protection as tral-prepartion materal, the person making

(B) When Permtted. To protect a person subject to or afected by a subpoena, the issuig cour may, on motion, quash or modi the subpoena if it requies:
(i) disclosing a trde secret or other confdential research, development, or commercial inormation;

the clai may noti any par tht received the inormation of the clai and the basis for it. Afer being notified, a par must promptly retu, sequester, or destroy the specifed
inormation and any copies it has; must not use or disclose the inormation unti the clai is
resolved; mus tae reaonable steps to retreve the inormation if the par disclosed it before

being notied; and may promptly preset the inormation to the cour under seal for a
determation of the clai. The person who produced the inormation must preserve the

describe specific occurences in dispute and results from the exprt's study that was not
requested by a par; or

(ii) disclosing an unetaed exper's opinon or inormation that does not

inormtion until the clai is resolved.
(e) CbNTMP. The issuig cour may hold in contempt a person who, havig been served, fais without
adequate excuse to obey the subpoena. A nonpar's faiur to obey must be excused if the

(iü) a person who is neither a par nor a pars offcer to incur substatial
expnse to travel more than 100 mies to attend tral

(C) Specifg Conditions as an Alternative. hi the circumtaces described in Rule 45(c)(3)(B), the cour may, instead of quahig or modig a subpona, order appearce or production under specifed conditions if the serg par:

subpoena purort to requie the nonpar to attend or produce at a place outside the limts of Rule 45(c)(3)(A)(ü).

Case 1:07-cv-00826-SLR

Document 69-2

Filed 08/26/2008

Page 3 of 6

ATTACHMNT A
DEFINITIONS
1. "St. Paul," "You," and/or "Your," refer to The Travelers Companes, Inc., and to

all predecessors, successors, subsidiares, divisions, parents and/or affliates thereof, past or
present, and all past or present officers, directors, agents, employees, consultats, representatives

and any other person acting on its behalf.
2. "Accentue" refers to Accentue Global Services GmbH, Accentue LLP,

Andersen Consulting Co., and all other predecessors, successors, subsidiares, divisions, parents
and/or affiliates thereof, past or present, and all past or present offcers, directors, agents,
employees, consultants, representatives and any other person acting on its behalf.
3. The term "person" refers to any individual, corporation, general parnership,

limited parnership, joint ventue, association, joint-stock company, trst-incorporated
organization, governental, legal or political subdivision, and any non-natural persons of
whatever natue.

4. Any reference to any individual person, either singularly or as a par of a defined

group, includes that individual person's employees, agents, successors, assignees, heirs, and
representatives.
5. The term "relating to" means referrng to, concerning, pertaining to, discussing,

mentioning, containig, reflecting, evidencing, constituting, describing, displaying, showing,
identifying, proving, disproving, consisting of, supporting or contradicting.
6. The term "any" shall mean one or more; "all" includes and encompasses "any"
and "each."

7. The term "and" as well as "or" shall be constred disjunctively or conjunctively

as necessary to bring within the scope of these requests all facts, documents, things, or

:.

communcations that might otherwse be constred as outside the scope of these requests.

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Case 1:07-cv-00826-SLR

Document 69-2

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8. The term "communcation" or any varant thereof means any exchange of words

or information between two or more persons and shall include, without limitation, letters,

memoranda, telegrams, telecopies, telexes, e-mail, and any oral contact such as face-to-face
meetings, or telephone conversations.

9. The term "documents" is used herein in its broadest sense and includes, without
limitation, wrtten, recorded, or graphic matter, however produced, including but not limited to,

communcations, training manuals, videotapes, photographs, memoranda, correspondence,
telegrams, memoranda, letters, telecopies, telexes, brochures, licenses, assignents, contracts,

agreements, notes, transcripts, précises, outlines, instructions, checks, analyses, projections,
chars, graphs, work papers, drawings, designs, diagrams, photographs, films, newspaper

clippings, records, reports, studies, advertisements, press releases, or any other wrtings of any
kind including drafts and copies of the foregoing, which by reason of notes, identification marks,
or other modifications are not identical to the originaL. The term also includes any information

that is stored or cared electronically (by means of computer equipment or otherwise) and that
can be retrieved in visual, printed, audio, and/or graphic form.

INSTRUCTIONS
1. YOU are required to produce all DOCUMENTS in the maner, form, and
position in which they are kept in the ordinary course of

business, as required by Federal Rule of

Civil Procedure Rule 34(b), including, where applicable, any index tabs, file dividers,
designations, or information as to the location of

DOCUMENTS.

2. If YOU canot respond to a document request fully, after a dilgent attempt to
attin the requested information, YOU must answer the document request to the extent possible,
specify the portion ofthe document request YOU are unable to answer, and provide whatever

inormation YOU have regarding the unanswered portion.

3. If no DOCUMENTS are responsive to a paricular request, please state that no
responsive DOCUMENTS exist.

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Case 1:07-cv-00826-SLR

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Page 5 of 6

4. In the event that any DOCUMENT called for by the document requests has been

destroyed, lost, discarded, or is otherwise no longer in YOUR possession, custody, or control,

YOU shall identify such DOCUMENT as completely as possible, and shall specify
a. the identity of ANY PERSON(S) who received copies of

the

DOCUMENT,
b. the natue of

the DOCUMENT,
the subject matter of

c. a brief description of

the DOCUMENT,

d. the date of disposal of

the DOCUMENT,

e. the maner of disposal,
f. the reason for disposal,

g. the PERSON authorizing the disposal,
h. and the PERSON disposing of the DOCUMENT.

5. In the event ANY DOCUMENT is witheld on a claim of attorney-client
privilege or work product doctrine or on ANY other ground, YOU shall provide a log that
identifies ANY such DûCUMENT and incÌudes at least the following information:
a. the natue of

the DOCUMENT,
the DOCUMENT,

b. a brief description ofthe subject matter of

c. the date of

the DOCUMENT, the DOCUMENT,

d. the source of

e. ANY PERSON to whom that information was disclosed, and
f. ANY fact, statute, rule, or decision upon which YOU rely in withholding
the DOCUMENT.
6. Please maintain and produce a record ofthe source of each DOCUMENT

produced. This record should include the name and location of the fie where each
DOCUMENT was located and the name of

the PERSON, group, or deparment having

possession, custody, or control of each DOCUMENT.

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Document 69-2

Filed 08/26/2008

Page 6 of 6

REQUESTS FOR PRODUCTION

REQUEST NO.1: DOCUMENTS sufficient to show the strctue, fuction, and operation of ANY system
offered, licensed, or sold by ACCENTUR to ST. PAUL for use in the insurance industry, prior to May 4, 1999.

REQUEST NO.2:
DOCUMENTS sufficient to show the earliest date of ANY offer, license, or sale by ACCENTURE to ST. PAUL of ANY system suitable for use in the insurance industry.

REQUEST NO.3:
DOCUMENTS sufficient to show the terms of ANY offer, license, or sale by ACCENTURE to ST. PAUL of ANY system suitable for use in the insurance industry, prior to May 4, 1999, including but not limited to any contracts between ACCENTURE and ST. PAUL.

REQUEST NO.4:
DOCUMENTS suffcient to show the terms of ANY offer or agreement RELATING TO joint development of ANY system suitable for use in the insurance industr by ACCENTURE and ST. PAUL, prior to May 4, 1999.

REQUEST NO.5:
DOCUMENTS sufficient to show the terms of ANY offer or agreement between ACCENTURE and ST. PAUL for consulting services RELATING TO ANY system suitable for use in the insurance industry, prior to May 4, 1999.

REQUEST NO.6:
ALL COMMUICATIONS between ACCENTURE and ST. PAUL RELATING TO ANY system suitable for use in the insurance industry, prior to May 4, 1999.

REQUEST NO.7:
ALL DOCUMENTS ACCENTURE provided to ST. PAUL RELATING TO ANY system suitable for use in the insurance industry, including but not limited to training manuals and the like, prior to May 4, 1999.

REQUEST NO.8:
DOCUMENTS suffcient to show ANY suggestions or contributions ST. PAUL made to ACCENTUR RELATING TO ANY system suitable for use in the insurance industry, prior to May 4, 1999.

REQUEST NO.9:
DOCUMENTS sufcient to show the date on which ANY system offered, licensed, or sold by ACCENTURE to ST. PAUL for use in the insurance industry, prior to May 4, 1999 was first used in the ordinar business operations of ST. PAUL.

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