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

Case 1:05-cv-00762-SLR Document 42 Filed 10/13/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CONNECTICUT BANK OF )
COMMERCE, )
)
Plaintiff )
)
v. ) Civil Action No. 05-726 SLR
-
THE REPUBLIC OF CONGO )
)
Defendant )
)
CMS NOMECO CONGO, INC., )
)
Gamishee )
PLAINTIFF’S DEPOSITION NOTICE OF GARNISHEE’S CORPORATE DESIGNEE ·
TO:
M. Duncan Grant, Esquire Guy Lipe, Esquire
James C. Carignan, Esquire Jason Powers, Esquire
Pepper Hamilton LLP Vinson & Elkins LLP
Hercules Plaza, Suite 5100 First City Tower
1313 N. Market Street 1001 Fannin Street, Suite 2300
Wilmington, DE 19801 Houston TX 77002
PLEASE TAKE NOTICE THAT pursuant to Rule 30(b)(6), Fed. R. Civ. P., on
October 12, 2006, Plaintiff, Connecticut Bank of Commerce, predecessor in interest to
Af-Cap, Inc. (“Af-Cap" or "Plaintiff") will take the deposition of a Corporate Designee
or Designees of Garnishee CMS Nomeco Congo, Inc. (now known as CMS Nomeco
Congo, LLC) ("CMS") before a person duly authorized to take oaths at Greenberg
Traurig, LLP, 1007 North Orange Street, Suite 1200, Wilmington, Delaware 19801. The
deposition shall commence at 9:30 a.m. on November 28, 2006 and last seven hours
unless extended by agreement of the parties or translation is needed.

Case 1:05-cv-00762-SLR Document 42 Filed 10/13/2006 Page 2 of 4
The Corporate Designee or Designees so designated to testify shall be examined
with relation to the following:
a) Agreements or contracts and amendments thereto between CMS or any
related entity and Plaintiff s judgment debtor, the Republic of Congo (“Congo"),
including its agents and instrmnentalities and alter-egos, conceming any payments by
CMS, or any related CMS entities, to Congo.
b) To the extent not included in item (a), all contracts, agreements, or
conventions and amendments thereto between or among CMS or its related entities and
Congo.
c) All negotiations conceming items (a) and (b).
d) The identity of all parties that participated in or a parties to contracts,
agreements, conventions, or the negotiations thereof identified in items (a) and (b).
e) All communications among CMS or its related entities and Congo, and
any third party, relating to items (a) and (b).
f) The payment, transfer, or other use of oil royalties to Congo by CMS or its
related entities imder an Oil Convention between Congo and CMS.
g) CMS’s payment of a portion of the oil royalties at issue in this case to
another of Congo’s judgment creditors, National Union Fire Insurance Company
("NUFI") between August 1991 and August 2002 under a Turnover Order issued by the
United States District Court for the Northern District of Illinois or any other use of such
royalties.
h) CMS incorporation and current corporate form in the State of Delaware
and compliance with reporting and filing obligations as a Delaware Corporation.
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Case 1:05-cv-00762-SLR Document 42 Filed 10/13/2006 Page 3 of 4
i) CMS’s decision to change its corporate form in the State of Delaware.
j) CMS’s activities in the United States.
k) CMS’s relationship with and sale to its ultimate parent Perenco S.A. or
related subsidiaries.
1) Payments made by CMS on behalf of Congo, or payments made to CMS
by Congo, the source of which is the Oil Convention.
m) Payments made by CMS on behalf of Congo, or payments made to CMS
by Congo, related to matters arising under the Oil Convention.
n) Communications between or among Congo, CMS, Perenco, or any third
party, reflecting, referring or relating to costs incurred by CMS, including, but not limited
to legal fees, in connection with defending this action or other actions by Congo’s
creditors or purported creditors.
o) Any agreements or negotiations between or among Congo, CMS, Perenco,
or any third party regarding reimbursement or other accommodation to CMS for fees
incurred in cormection with it defending garnishment actions or other such actions
brought by Congo’s creditors or purported creditors.
p) Communications between or among Congo, CMS, Perenco, or any third
party regarding the December 2004 Congo Orders and July 2005 Congo orders.
q) Commtmications between or among Congo, CMS, Perenco, or any third
party on how to respond to the proceedings that resulted in the December 2004 Congo
Orders and July 2005 Congo orders both before and after the orders were issued.
The Corporate Designee or Designees designated to testify shall bring with them
all docmnents within their possession custody and control concerning CMS’s dealings
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Case 1:05-cv-00762-SLR Document 42 Filed 10/13/2006 Page 4 of 4
with Congo and the items (a-q) enmnerated in this Notice so that such documents can be
copied and so that such documents can be the subject of examination by Plaintiffs
counsel. The Definitions set forth in Plaintiffs First Request for Production of
Documents shall apply to the terms in items (a-q).
— iz"
Dated this __ day of October, 2006.
Respectfully submitted,
GREENBERG T
Dennis A. Meloro (No. 4435)
The Nemours Building
1007 North Orange Street, Suite 1200
Wilmington, DE 19801
(302) 661-7000
and
GREENBERG TRAURIG LLP
Sanford M. Saimders, Jr.
Kenneth Kaplan
800 Connecticut Ave., N.W., Suite 500
Washington, DC 20006
(202) 331-3100
Attorneys for Plaintw
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