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

Case 1:07-cv-00826-SLR

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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 Applied Systems 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 JuNelle Harris KEKER & VAN NEST LLP 710 Sansome Street San Francisco, CA 94111 (415) 391-5400 July 3, 2008

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

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UNITED STATES DISTRICT COURT
NORTHERN

ILLINOIS

ACCENTURE GLOBAL SERVICES, GmbH and ACCENTURE, LLP

SUBPOENA IN A CIVIL CASE
V. GUIDEWIRE SOFTWARE, INC.
Case Number: 07-826 (SLR)
i

USDC DISTRICT OF DELAWARE

TO: Applied Systems Inc.
200 Applied Parkway, University Park, IL 60466 Telephone: 708-534-5575 D 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 OF TESTIMONY COURTROOM

DATE AND TIME

D YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
PLACE OF DEPOSITION

I DATE AND TIME
I I X! YOU ARE COMMANED to produce and permit inspection and copying of the following

documents or objects atthe

place, date, and time specified below (list documents or objects): See Attachment

PLACE

DATE AN TIME

Contact: Oscar Ve a (0 s)

Ikon, 125 S. Wacker Drive, Chicago, IL 60606 Tel: 312-252-0152

August 4, 2008 2:00 p.m.

PREMISES I DATE AN TIME
ISSUING OFFICER'S SIGNATURE AN TITLE (IDICATE IF ATTORNY FOR P AlTIFF OR DEFENDANT) DATE

D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.

Any organization not a part 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 wil testify. Federal Rule of Civil Procedure 30(b)(6).

Attorne s for Defendant ~ . Jul 3 2008
ISSUING OFFICER'S NAME, ADDRESS AND P E BER

JuNelle Harris, Esq., Keker & Van Nest, LLP 710 Sansome Street, San Francisco, CA 94111
Civil (See Federal Rule of

Telephone:

(415) 391-4500

Procedure 45 (e), (d), and (e), on next page)
A0-88

I If action is pending in district other than district of issuance, state district under case number.

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 NAME)

MANNR OF SERVICE

SERVED BY (PRIT NAME)

TITLE

DECLARTION OF SERVER
I declare under penalty ofperjury under the laws of

the United States of America that the foregoing information contained

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

SIGNATURE OF SERVER

ADDRESS OF SERVER

Federal Rule of

Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007:
(i) shows a substantial need for the testimony or material that eannot be otherwse met without undue hardship; and
(ii) ensures tht the subpoenaed person will be reasonably inmpensated.
(d) DUTIES IN RESPONDING TO A SUBPOENA.

(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.

(1) Avoiding Undue Burden or Expense; Sanetions. A par or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or

expense on a person subjeet to the subpoena. The issuing eourt must enforee ths duty and impose an appropriate sanetion - whieh may include lost earings and reasonable attorney's
fees - on a par or attorney who fails tJ eomply. (2) Command to Produce Materials or Permit Inspeetion.
(A) Appearanee Not Required. A person eommaded to produee doeuments,

(I) Produeing Doeuments or Eleetronically Stored Information. These proeedures apply
to produeing documents or eleetronieally stored infonnation:
(A) Doeuments. A person responding to a subpoena to produee doeuments must

not appear in person at the plaee of produetion or inspection unless also eommanded to appear
for a deposition, hearng, or tral.

produce them as they are kept in the ordinar eourse of business or must organize and label them to eorrespond to the eategories in the demand.

permit inspection may serve on the par or attorney designated in the subpoena a written
objeetion to inspecting, eopying, testing or sampling any or all of the materals or to inspeeting the premises - or to produeing eleetronically stored information in the form or forms requested.

(B) ûbjeeiions. A person eommanåeå to proåuee åoeuments or tangible things or to

(B) Form for Produeing Electronieally Stored Informaton Not Speeified. If a
subpoena does not speeiiy a form for producing eleetronieally stored information, the person

responding must produce it in a form or forms in whieh it is ordinarly maintained or in a
reasonably usable form or forms.

The objeetion must be served before the earlier of the time speeified for eomplianee or i 4 days after the subpoena is served. If an objeetion is made, the following rules apply:
the issuing eourt for an order eompelling produetion or inspeetion. (ii) These aets may be required only as direeted in the order, and the order must
(i) At any time, on notiee to the eommanded person, the servng par may move

responding need not produee the same eleetronieally stored information in more than one form.

(C) Eleetronieally Stored Information Produeed in Only One Form. The person

proteet a person who is neither a par nor a par's offeer from significat expense resulting
from eomplianee.

(D) Inaeeessible Eleetronieally Stored Information. The person responding need not provide diseovery of electronieally stored information from sourees that the person identifies as not reasonably aeeessible beeause of undue burden or eosl. On motion to eompel diseover or for a proteetive order, the person responding must show that the information is not reasonably aeeessible beeause of undue burden or eost. If that showing is made, the eourt may nonetheless

(3) Quashing or Modiiying a Subpoena. (A) When Required. On timely motion, the issuing eourt must quash or modiiy a
subpoena that

order diseovery from sueh sourees if the requesting par shows good eause, eonsidering the
limitations of Rule

26(b)(2)(C). The eourt may speciiy eonditions for the diseovery.

(2) Claiming Prvilegeor Proteetion.
(i) fails to allow a reasonable time tJ eomply; (ii) requires a person who is neither a par nor a pars offeer to travel more

(A) Information Withheld. A person witholding subpoenaed information under a
claim that it is privileged or subjeetto proteetion as tral-preparation material mist:

than 100 miles from where that person resides, is employed, or regnlarly trsaets business in

person - exeept that, subjeet to Rule 45(e)(3)(B)(iii), the person may be eommanded to attend a tral by traveling from any sueh plaee within the state where the tral is held; (iii) requires disclosure of privileged or other proteeted matter, if no exeeption or waiver applies; or
(iv) subjeets a person to undue burden. (B) When Permitted. To proteet a person subjeet to or afected by a subpoena, the issuing eourt maý, on motion, quash or modiiy the subpoena if it requires:

(i) expressly make lle claim; aid (ii) deseribe the nitre of the withheld doeuments, eommunieatons, or tangible things in a manner that, without revealing information itself privileged or proteeted, will enable the paries to assess the claim.
(B) Information Produeed. If information produeed in response to a subpoena is

subjeet to a claim of privilege or of proteetion as tral-preparation materal, the person making the elaim may notiiy any par that reeeived the information of the claim and the basis for it.

After being notified, a par must promptly return, sequester, or destroy the speeified
information and any eopies it has; must not use or disclose the information until the claim is

(i) diselosing a trde seeret or other eonfidential researeh, development or
eommereial informal on;

deseribe speeifie oeeurrenees in dispute and results from the expert's study that was not
requested by a par; or

(ii) disclosing ai unretained expert's opinion or information thatdoes not

resolved; must take reasonable steps to retreve the information if the par disclosed it before being notified; and may promptly present the information to the eourt under seal for a determination of the claim. The person who produeed the information must preserve the
information until he claim is resolved.
( e) CoNTEMPT.

(iii) a person who is neither a par nor a par's offeer to ineur substatial expense to travel more than 100 miles to atlnd tral
(C) Speeiiying Conditions as an Alternative. In the eireumstanees deseribed in Rule 45(e)(3)(B), the eourt may, instead of quashing or modiiying a subpoena, order appearanee or produetion under speeified eonditions if the strng par:

The issuing eourt may hold in eontempt a person who, having been served, fails without

adequate exeuse to obey the subpoena A nonpar's failure to obey must be exeused if the subpoena purports to require the nonpar to attend or produee at a place outside the limits of
Rule 45(e)(3)(A)(ii).

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..

ATTACHMENT

DEFINITIONS
1. "Applied Systems, Inc.," "You," and/or "Your," refer to Applied Systems, Inc.,

and to all predecessors, successors, subsidiaries, divisions, parents and/or affiiates thereof, past
or present, and all past or present officers, directors, agents, employees, consultants,
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, subsidiaries, divisions, parents
and/or affiliates thereof, past or present, and all past or present officers, directors, agents,

employees, consultants, representatives ~d any other person acting on its behalf.
3. The term "person" refers to any individual, corporation, general parnership,

limited parnership, joint venture, association, joint-stock company, trust-incorporated
organzation, governental, legal or political subdivision, and any non-natual 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 referring to, concerning, pertaining to, discussing,

mentioning, containing, 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 construed disjunctively or conjunctively

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

communcations that might otherwise be construed as outside the scope of these requests.

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

to, videotapes, photographs, memoranda, correspondence, telegrams, other written
communications, manuals, brochures, licenses, assignments, contracts, agreements, notes,

transcripts, précis, outlines, instructions, checks, analyses, projections, chars, graphs, work papers, drawings, designs, diagrams, photographs, fims, 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 caried

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 diligent attempt to

attain the requested information, YOU must answer the document request to the extent possible,
specify the portion of

the document request YOU are unable to answer, and provide whatever

information YOU have regarding the unanswered portion.
3. If

no DOCUMENTS are responsive to a particular request, please state that no

responsive DOCUMENTS exist.
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

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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 withheld 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 DOCUMENT and includes at least the following information:
a. the natue of the DOCUMENT,
b. a brief description of the subject matter of

the DOCUMENT,

c. the date of

the DOCUMENT,

d. the source of the DOCUMENT,

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 of the source of each DOCUMENT

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

the PERSON, group, or department having

possession, custody, or control of each DOCUMENT.

REQUESTS FOR PRODUCTION

REQUEST NO.1:
DOCUMENTS sufficient to show the strctue, function, and operation of Agency Manager and of the Diamond System as they existed as of May 3, 1998, and as of May 3, 1999.
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REQUEST NO.2:
DOCUMENTS suffcient to show the structue, function, and operation of ANY and ALL Applied Systems, Inc. products similar or related to Agency Manager or to the Diamond May 3, 1998, and as of System, suitable for use in the insurance industry, as they existed as of May 3, 1999.

REQUEST NO.3:
DOCUMENTS sufficient to show the earliest date when ANY and ALL products identified in Requests No.1 and No.2 were offered for sale, sold, licensed, and used.

REQUEST NO.4:
DOCUMENTS sufficient to demonstrate ACCENTURE'S knowledge of ANY and ALL products identified in Requests No.1 and No.2, including but not limited to any communications between Applied Systems, Inc. and ANY ACCENTURE employee or
consultant regarding ANY products identified in Requests No.1 and No.2.

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CERTIFICATE OF SERVICE I hereby certify that on July 3, 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 July 3, 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)