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

Case 1:05-cv—00879—SLR Document 105 Filed 06/26/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION &
PIKE ELECTRIC, INC.,
Plaintiffs, C.A. No. O5~879 (SLR)
v,
MICK DUBEA,
Defendant.
TO: Lewis H. Lazarus, Esquire
Morris .Iames Hitchens & Wiiliams LLP
222 Delaware Avenue, 109] Fioor
Wilmington, DE 19899
Teri L Danish, Esquire
Rodriquez, Colvin, Chaney & Saenz, LLP
1201 E. Van Buren
PO. Box 2i55
Brownsville, TX 78522
NOTICE OF SUBPOENA AND DEPOSITION OF DUBEA INVESTMENTS, LTD.
PLEASE TAKE NOTICE that pursuant to Rules 45 and 30(b)(6) of time Federal
Rules of Civil Procedure, Piaintiffs Pike Electric Corporation and Pike Electric Inc. (collectively,
"Pil take the deposition of Dubea Investments, Ltd. ("Dubea Invest1nents") as to the foilowing topics:
1. The formation of Dubea Investments;
2. The corporate structure of Dubea Investments;
3. The identity of any owners, partners, managers, employees, subsidiaries,
and/or affiliates of Dubea investments;
RLFE-30309851

Case 1:05-cv—00879—SLFl Document 105 Filed 06/26/2006 Page 2 of 4
4, Mick Dubea’s involvement with Dubea Investments;
5. The operations of Dubea investments;
6. The location of Dubea Investments, including but not limited to the
location of any oftices, buildings, or property owned by Dubea
Investments or any of its owners, partners, managers, subsidiaries, and/or
affiliates;
7 Any loans made to Dubea Investrnents;
8. Any promissory notes, promises to pay, lending agreements, or other loan
agreements of any kind made by Dubea Investments to any other entity,
including any notes made payable to the 2003 Mick Dubea Grantor
Retained Annuity Trust and the "\/alue Received" by Dubea Investments
in exchange for such notes;
9. Any transactions where Dubea Investments has consented to the
assignment or collateralization of any promissory notes, promises to pay,
lending agreements, or other loan agreements of any kind;
IO. The protits, revenues and expenses of Dubea Investments for the past 10
years;
l I. The plans for Qubea investments for the next tive years;
l2. Any transactions of any kind between Dubea Investments on the one hand
and Chad Dubea, Cory Close, Bob Strother, Alex Graham, Sammy
Christian, T&D Solutions Ltd., or "l`&D Solution Managers LLC on the
other hand;
l3, Any involvement of Chad Dubea, Cory Close, Bob Strother, Alex
Graham, Sammy Christian, T&D Solutions Ltd., or T&D Solution
Managers LLC with Dubea Investments;
14.. Any transactions of any kind between Dubea Investments and Southem
Heritage Bank;
l5. Any transactions of any kind between Dubea Investments and Red River
Bank;
I6. Any transactions of any kind between Dubea Investments and Red
Simpson Inc;
17. The drafting, existence and enforcement of any employment agreements
entered into between Dubea Investments and its employees or executives,
including but not limited to any non—disclosure and norncompetition
covenants located therein;
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Case 1:05-cv—00879—SLFl Document 105 Filed 06/26/2006 Page 3 of 4
l8. The document retention policy of Dubea investments;
l9. The existence, location, and storage of Dubea lnvestments’ electronic and
hardcopy documents relating to the aforementioned topics; and
20, Vt/'lietlier the electronic and hardcopy documents belonging to Dubea
Investments are under the possession, custody or control ot` Mick Dubea.
Dubea Investments shall designate the person or persons most knowledgeable
about the facts and documents supporting, underlying or relating to the subject matters set forth
above. The deposition will commence on June 30, 2006 at 9:30 a.m. at Nell McCallum &
Associates, Incl, 26l5 Calder Avenue, Suite I ll, Beaumont, TX 77702, betbre a notary public or
some other officer authorized by law to administer oaths and will continue from day to day until
completed. Please take further notice that the deposition will be videotaped and transcribed by
stenographic means.
/
William J ade (#704)
[email protected]
OF COUNSEL: Alyssa M. Schwartz (#4351)
Michael A. Paskin schwartz@rlfZcom
Cravath, Swaine & Moore LLP One Rodney Square
Worldwide Plaza PO. Box 551
825 Eighth Avenue Wilmington, DE 19899
New York, NY l00i 9-7475 (302) 65l-7700
(2l2)474-1000
Attorneys for Plaintiffs Pike Electric
June 26, 2006 Corporation and Pike Electric, Inc.
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in Fl-30309850

Case 1:05-cv—00879—SLFl Document 105 Filed 06/26/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 26, .2006, I electronically tiled the foregoing
document with the Clerk of`Court using CM/ECP, and have also served the document as noted:
BY HAND DELIVERY
Lewis H, Lazarus, Esquire
Morris James Hitchens & Williams LLP
222 Delaware Avenue, 10m Floor
Wilmington, DE. l9899
I HEREBY CERTIFY that on June 26, 2006, I have caused the foregoing to be sent by
Federal Express to the following n0n~regis1;erecl participant:
Teri L, Danish, Esquire
Rodriquez, Colvin, Chaney & Saenz, LLP
l20l E, Van Buren
RO. Box 2l55
Brownsville, TX 78522
A yssa . Schwartz (# l)
mr 1 -2007741-1