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 Reliance Insurance Co. in Liquidation.

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 2, 2008

~ A088 (Rev. 12/07) Subpoena in a Civil Case

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Issued by the

UNITED STATES DISTRICT COURT
EASTERN

PENNSYLVANIA

.ACCENTURE GLOBAL SERVICES, GmbH and ACCENTURE, LLP

SUBPOENA IN A CIVIL CASE

v.
GUIDEWIRE SOFTWARE, INC.

Case Number: 07-826 (SLR)
USDC DISTRICT OF DELAWARE

i

PLACE OF TESTIONY COURTROOM

TO: Reliance Insurance Co. in Liquidation c/o Legal Dept., 5th Floor, Three Parkway Philadephia, PA 19102 CJ YOU AR COMMED to appear in the United States Distrct cour at the place, date, and time specified below to testify in the above case.

DATE AND TIME

CJ YOU AR COMMED to appear at the place, date, and time specified below to testify at the taking of a deposition
PLACE OF DEPOSlTON

I DATE AND TIE
i

Li YOU AR COMMED to produce and permt inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects): See Attachment

PLACE

DATE AND TIE

IKON, 1760 Market Street, 8th Floor Philadelphia, PA 19103 Tele hone: (215) 557-7070

August 1, 2008 2:00 p.m.

CJ YOU AR COMMED to permt inspection of the following premises at the date and time specified below. PREISES I DATE AN TIE

Any organization not a part to this suit that is subpoenaed for the takng 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 fort, for each person
designated, the matters on which the person wil testify. Federal Rule of Civil

Procedure 30(b )(6).
TIF.oR DEFENDANT) DATE

ISSUIG OFFICER'S SIGNATU AND TIE (INICATE IF ATTORNY FOR P
.o:.

Attorne s for Defendant
ISSUIG OFFICER'S NAME, ADDRESS AN P

Jul 2 2008
Telephone: (415) 391-5400
AO-88

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

Procedure 45 (c), (d), and (e), on next page)

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

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)

TITLE

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 true and correct.
Executed on
DATE
SIGNATURE OF SERVER

ADDRESS OF SERVER

Federal Rule of (c) PROTECTING

Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007:
A PERSON SUBJECTTOA SUBPOENA.

(i) shows a substatial need for the testimony or material that cannot be otherwise
met withut undue hardship; and

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

expense on a person subject to the subpoena. The issuing cour must enforce this duty and impose an appropriate sanction - which may include lost earngs and reasonable attorney's
fees - on a par or attorney who fails ti comply. (2) Command to Produce Materials or Permit Inspection.

(ii) ensures tht the subpoenaed person will be reasonably wmpensated.
(d) DuTIS IN RESPONDING TO A SUBPOENA.

(I) Producing Documents or Electronicaly Stored Information. These procedures apply
to producing documents or electronically stored infonnation:
(A) Documents. A person responding to a subpoena to produce documents must

(A) Appearance Not Required. A person commaded to produce documents,
not appear in person at the place of production or inspection urness also commæded to appear

for a deposition, hearng, or tral. (B) Objections. A person commanded to produce documents or tangible things or to permit inspecton may serve on the pai-rj or attorney designated in ti'ie sübpoena a wntten objection to inspectng, copying, testing or sampling any or all of the materals or to inspecting
the premises - or to producing electronically stored information in the form or forms requested.

produce them as they are kept in the ordinar coure of business or must organize and label them to correspond to the categories in the demand.
_nL____ (BJ _Fo~ ~: ,~~d~~~g ~~It:~~ni~~~y_,~t~ed,_~0riat~n~ot ~'peci~ed. If a :suujJui;ma uOt:S liul S¡n::Cuy i: IVULL IVI viuuUCmg t:ii:CuOiiccuIY SiUn:::U IIiiunnaUOß, me person

respondig must produce it in a form or forms in which it is ordinarly maintained or in a
reasonably usable form or forms.

The objection must be served before the earlier of the time specified for compliance or 14 days afer the subpoena is served. If an objection is mide, the followig rules apply:
(i) At any time, on notice to the commanded person, the servng par may move the issuin court for an order compelling production or inspection.

responding need not produce the same electronically stored inormation in more than one form.

(C) Electronically Stored Inormation Produced in Only One Fonn. The person

protect a person who is neither a par nor a par's offcer from significat expense resulting
from compliance.

(ii) These acts may be required only as directed in the order, and the order must

(D) Inaccessible Electronically Stored Inormation. The person responding need not provide discovery of electronically stored infonnaton from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discover or for a protective order, the person responding must show that the inormation is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonethless
order discovery from such sources if the requestig par shows good cause, considering the
limitations of Rule

(3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing cour must quash or modify a
subpoena that:

26(b)(2)(C). The court may speåfy conditions for the discovery.

(2) Claiing Prvilegeor Protection.

(i) fails to allow a reasonable time ti comply;

(A) Information Witheld. A person witholding subpoenaed infonnaton under a
claim that it is privileged or subjecllo protection as tral-prepartion material mu;t:

(ii) requires a person who is neither a par nor a par's offcer to travel more
than i 00 miles from where that person resides, is employed, or regnlarly transacts business in person - except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a tral by traveli'l from any such place withn the ståe where the tral is held;

(i) expressly make the claim; æd (ii) describe the nåure of the withheld documents, communicáions, or
tangible thgs in a maner that, without revealing information itself privileged or protected, will

(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or afected by a subpoena, the issuing court m'l, on motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research, development or commercial informaion;

enable the pares to assess the claim
(B) Information Produced. If information produced in response to a subpoena is

subject to a claim of privilege or of protection as tral-preparation materal, the person making the claim may notify any par that received the informaton of the claim and the basis for it.

Afer being notified, a par must promptly return, sequester, or destroy the specified
information and any copies it has; must not use or disclose the infonnation until the claim is

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

describe specific occurrences in dispute and results from the expert's study that was not
requested by a par; or (iii) a person who is neither a par nor a par's offcer to incur substantial

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

expense to travel more than i 00 miles to atend tral
(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashig or modifying a subpoena, order appearance or production under specified conditions if the serg par:

The issuin cour may hold in contempt a person who, havig been served, fails without adequate excuse to obey the subpoena A nonpar's failure to obey must be excused if the
subpoena purort to require the nonpar to attend or produce at a place outside the limits of Rule 45( c )(3)(A)(ii).

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ATTACHMENT

DEFINITIONS
1. "Reliance," "You," and/or "Your," refer to Reliance Insurance Co., and to all

predecessors, successors, subsidiares, divisions, parents and/or affiliates thereof, past or present,

and all past or present offcers, directors, affliates, 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, subsidiares, divisions, parents
and/or affiliates thereof, past or present, and all past or present

officers, directors, agents,

employees, consultants, representatives, and any other person acting on its behalf.
3. The term "person" refers to any individual, corporation, general parership,
limited parership, joint venture, association, joint-stock company, trust-incorporated

organzation, governental, legal or political subdivision, and any non-natural persons of

whatever nature.

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, concerng, pertaining to, discussing,

mentioning, containing, reflecting, evidencing, constituting, describing, displaying, showing,

identifyng, 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 terms "and" and "or" shall be constred disjunctively or conjunctively as

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

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

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8. The term "communcation" or any variant 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, letters, telecopies, telexes, brochures, licenses, assignents, contracts, agreements,

notes, transcripts, précises, outlines, instrctions, checks, analyses, projections, chars, graphs,
work papers, drawings, designs, diagrams, photographs, films, newspaper clippings, records,

reports, studies, advertisements, press releases, or drafts and copies ofthe 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 retreved in visual, printed, audio, and/or graphic form.

iNSTRUCTiONS
1. YOU are required to produce all DOCUMNTS in the maner, form, and
position in which they are kept in the ordinar course of

business, as required by Federal Rule of

Civil Procedure Rule 34(b), including, where applicable, any index tabs, fie 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 ofthe document request YOU are unable to answer, and provide whatever
information YOU have regarding the unanswered portion.

3. Ifno DOCUMENTS are responsive to a paricular request, please state that no
responsive DOCUMNTS exist.
4. In the event that any DOCUMENT called for by the document requests has been

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

YOU shall identify such DOCUMNT as completely as possible, and shall specify:
a. the identity of AN 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 ofthe DOCUMNT,
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 doctrne or on AN other ground, YOU shall provide a log that
identifies AN such DOCUMENT and includes at least the following information:
a. the nature ofthe DOCUJ\1ENT,
b. a brief description of the subject matter of

the DOCUMENT,

c. the date of the DOCUMENT,
d. the source of

the DOCUMENT,

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

produced. This record should include the name and location ofthe fie where each
DOCUMENT was located and the name ofthe PERSON, group, or deparment having
possession, custody, or control of each DOCUMENT.

REQUESTS FOR PRODUCTION

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REQUEST NO.1:
DOCUMENTS suffcient to show the strctue, function, and operation of AN system

offered, licensed, or sold by ACCENTU to RELIACE for use in the insurance industr,
prior to May 4, 1999.

REQUEST NO.2: DOCUMNTS sufficient to show the earliest date of AN offer, license, or sale by ACCENTUR to RELIACE of AN system suitable for use in the insurance industr.
REQUEST NO.3: DOCUMENTS sufficient to show the terms of AN offer, license, or sale by ACCENTUR to RELIACE of AN system suitable for use in the insurance industr, prior to
May 4, 1999, including but not limited to any contracts between ACCENTUR and

RELIACE.
REQUEST NO.4:
DOCUMENTS sufficient to show the terms of ANY offer or agreement RELATING TO

joint development of AN system suitable for use in the insurance industr by ACCENTUR and RELIACE, prior to May 4, 1999.

REQUEST NO.5: DOCUMNTS suffcient to show the terms of AN offer or agreement between ACCENTUR and RELIACE for consulting services RELATING TO ANY system suitable
for use in the insurance industr, prior to May 4, 1999.
D..OTT..~T NO u. ..'-'- V.£lr i. 1... '-_ ¡:.

ALL COMMCATIONS between ACCENTUR and RELIACE RELATING TO
AN system suitable for use in the insurance industry, prior to May 4, 1999.

REQUEST NO.7: ALL DOCUMENTS ACCENTUR provided to RELIACE RELATING TO AN
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 AN suggestions or contrbutions RELIACE made

to ACCENTUR RELATING TO AN system suitable for use in the insurance industr, prior
to May 4, 1999.

REQUEST NO.9: AN publication or presentation by RELIACE RELATING TO AN system suitable for use in the insurance industr developed in whole or in par by ACCENTUR.

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CERTIFICATE OF SERVICE I hereby certify that on July 2, 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 2, 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)