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

Case 1 :05-cv-00879-SLR Document 101 Filed 06/23/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION and g
PIKE ELECTRIC, INC., )
)
Plaintiffs, )
) Civil Action No. 05-879-SLR
vs. )
)
MICK DUBEA, )
Defendant. )
DEFENDANT IVHCK DUBEA’S NOTICE OF 30(B)(6) DEPOSITION OF
PIKE ELECTRIC CORPORATION
TO: Alyssa M. Schwartz, Esq.
Richards, Layton & Finger
One Rodney Square
P.O. Box 551
Wilmington, DE 19899
PLEASE TAKE NOTICE that the undersigned will take the oral deposition of Pike Electric
Corporation ("Pike") pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, on June 30, 2006,
at 9 a.m., or at such other date and time as the Court may order or the parties may agree in writing, and
continuing from day to day until completed, in the offices of Morris, James, Hitchens & Williams LLP,
222 Delaware Avenue, 10th Floor, Wilmington, DE 19801. The testimony shall be recorded
stenographically and by videotape. Pike shall designate the person(s) most knowledgeable about the
topics on SCHEDULE A attached hereto.
Datcdr June 23, 2006 Byr
Lewis H. Lazarus (#23 74)
Matthew F. Lintner (#4371)
Joseph S. Naylor (#3 886)
MORRIS, JAMES, HITCHENS & WHJLIAMS LLP
222 Delaware Avenue, 10m Floor
Wilmington, Delaware 19801
(302) 888-6800
[email protected]
1 mlintner@morrisj ames.com
[email protected]
Attomeys for Defendant Mick Dubea

Case 1:05-cv-00879-SLR Document 101 Filed 06/23/2006 Page 2 of 3
SCHEDULE A
1. The negotiation, terms, interpretation, and documentation of all employment
agreements between J. Eric Pike and Pike Electric Corporation.
2. The negotiation, terms, interpretation, and documentation of all employment
agreements between Mark Castaneda and Pike Electric Corporation.
3. The negotiation, terms, interpretation, and documentation of Mick Dubea’s July l,
2004 employment agreement.
4. The negotiation, terms, interpretation, documentation, and purpose of Mick
Dubea’s May 5, 2005 amendment to his employment agreement, including but not limited to (a)
how the amendment changed the original employment agreement of July 1, 2004; and (b) how
the amendment affected Pike’s accounting, financial reporting, and/or tax treatment of any
payments or other compensation under the employment agreement.
5. The negotiation, terms, interpretation, documentation, and purpose of all ofthe
May 2005 amendments signed by former RSI employees, including but not limited to (a) how
the amendments changed the original employment agreements; and (b) how the amendments
affected Pike’s accounting, financial reporting, and/or tax treatment of` any payments or other
compensation under the employment agreements.
6. Pike and/or RSI obligations under the Employee Retirement Income Security Act
arising out of Pike and/or RSI’s deferred compensation obligations.
7. Pike and/or RSI obligations under Section 409A of the Internal Revenue Code
arising out of Pike and/or RSI’s deferred compensation obligations.
8. The accounting, financial reporting, and/or tax treatment of the one time
compensation expense of approximately $18.0 million in the fourth quarter of the fiscal year
ended June 30, 2005 taken by Pike.
9. Any disclosures Mick Dubea made of Pike confidential information other than in
the discharge of his duties as an employee of Pike.
10. The engagement of Mick Dubea in an activity or business in competition with
Pike.
1 1. Assistance by Mick Dubea to any competitors of Pike.
12. Mick Dubea’s solicitation of any customers or employees of Pike.
2

Case 1:05-cv-00879-SLR Document 101 Filed 06/23/2006 Page 3 of 3
13. The infomation or records Pike deems to be confidential for purposes of Pike’s
employment agreements, including but not limited to Mick Dubea’s employment agreement of
July l, 2004.
14. The information or records Pike deems to be trade secret.
15. Pike’s policies and procedures relating to confidential information, including but
not limited to its enforcement of those policies and procedures.
16. Pike’s records and methods for tracking its financial performance with customers,
including but not limited to reports of revenue, costs, profits, and other such information kept by
job, by crew, by region, by customer, or by other method.
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