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

Case 1:04-cv-01538-SLR

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Filed 11/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ______________________________________________________________________________ HEIDI VASCEK, individually and as : Administratrix of THE ESTATE OF : JOHN VASCEK, JR., : : Plaintiffs, : C.A. No. 04-1538 : v. : JURY TRIAL DEMANDED : UNITED PARCEL SERVICE, INC. and : HONORABLE SUE L. ROBINSON MARK BARD, : : Defendants. : ______________________________________________________________________________ NOTICE TO TAKE ORAL DEPOSITION DUCES TECUM

TO: Michael T. van der Veen, Esquire Kats, Jamison, van der Veen & Associates 25 Bustleton Pike Feasterville, PA 19053 Richard R. Wier, Jr., Esquire 1220 Market Street Suite 600 Wilmington, DE 19801

PLEASE TAKE NOTICE that defendants, United Parcel Service and Mark Bard, by and through their undersigned counsel, Rawle & Henderson LLP and DLA Piper Rudnick Gray Cary US LLP, will take the oral deposition of George C. Govatos at the offices of William Cattie, Rawle & Henderson LLP, 300 Delaware Avenue, Suite 1015, Wilmington, DE on Monday, November 14, 2005 beginning at 10:00 a.m. upon oral examination under oath pursuant to the Federal Rules of Civil Practice and Procedure before a Notary Public or some other officer authorized by law to administer oaths. The witness is commanded to bring all materials responsive to the attached Exhibit "A".

Case 1:04-cv-01538-SLR

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Filed 11/01/2005

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The deposition will continue from day-to-day until completed. RAWLE & HENDERSON LLP /s/ William J. Cattie, III William J. Cattie, III, Esquire (#953) Attorneys for Defendants 300 Delaware Avenue - Suite 1015 Wilmington, DE 19899 Telephone: (302) 778-1200

OF COUNSEL: DLA PIPER RUDNICK GRAY CARY US LLP O. Daniel Ansa/Jayne A. Risk Attorneys for Defendants, One Liberty Place 1650 Market Street, Suite 4900 Philadelphia, PA 19103 Telephone: (215) 656-3328

Dated: November 1, 2005

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EXHIBIT "A" As used herein, "document" includes any books, pamphlets, letters, correspondence, telegrams, reports, memoranda, records, studies, extracts, working papers, charts, papers, indices, tapes, data sheets or cards, minutes, transcriptions, photographs, bills, invoices, inventories, contracts, proposals, e-mails, either active or deleted, or any other written, printed, recorded, transcribed, punched, taped, filmed, or graphic matter, however produced or reproduced and all mechanical or electronic sound recordings or transcripts thereof in the possession and/or control of the witness. The term "accident" refers to the accident of October 26, 2004 which is the subject of this lawsuit. The term "this litigation" refers to the action pending in the United States District Court for the District of Delaware, Civil Action No. 04-1538. The term "witness" refers to George C. Govatos, and any employees, agents or representatives working on his behalf. DOCUMENTS REQUESTED 1. A copy of any document which refers or relates to the accident of the plaintiff's

decedent John Vascek or any other matters relating to this litigation. 2. Copies of any notes, made by the witness or provided to the witness by anyone

which relate or refer to the accident, the plaintiff's decedent John Vascek, plaintiff Heidi Vascek, or any other matters relating to this litigation including but not limited to interviews, notes of conversations with witness Amy Stratton, witness John Sieffert, and notes regarding telephone conversations and conferences with Al Baxter. 3. Any deposition transcripts and medical records provided to the witness by anyone

which relate or refer to the accident, the plaintiff, John Vascek's injuries or any other matters relating to this litigation.

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4.

Any testing, measurements, diagrams, or test results conducted by the witness

during the course of his inspections and examinations, including but not limited to inspection of the accident site, motorcycle and UPS package car, which relates to the plaintiff, plaintiff's decedent, or any other matters relating to this litigation. 5. All drafts, electronic or otherwise, of reports, correspondence relating to accident

including between Mr. van der Veen and the witness (including all those associated with Mr. van der Veen and his representation of plaintiff). 6. The complete file of George Govatos as it relates to the accident and any and all

matters related to the accident. 7. Any memoranda made by the witness or provided to the witness which relates or

refers to the accident, the plaintiff, the John Vascek's injuries or any other matters relating to this litigation. 8. Any correspondence between the witness and any persons, including the attorneys

for the plaintiff and between third parties which refer or relate to the accident, the plaintiff, John Vascek's injuries or any other matters relating to this litigation. 9. Any documents prepared by the witness, provided to the witness, obtained by the

witness, or reviewed by the witness, whether intended for him or not, which refer or relate to the accident, the plaintiff, the John Vascek's injuries or any other matters relating to this litigation. 10. All literature or other reference material or information consulted by the witness

in connection with this litigation whether or not it was found to be relevant or helpful. 11. All documents or other tangible things which the witness considers relevant to his

assignment, investigation or opinions in this litigation. 12. All documents prepared by the witness which illustrate or demonstrate any fact or

opinion considered relevant to this litigation and/or to his assignment, investigation or opinions. 13. Copies of all curriculum vitae used or prepared by the witness within the

preceding five (5) years.

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14.

List of all cases in both state and federal courts in which witness has testified,

both in deposition and/or in court, for whom the witness testified (plaintiff or defendant) and dates of testimony. 15. All invoices or bills for services rendered by the witness or anyone else employed

with or at the witness' company, in connection with this litigation. 16. A copy of all documents or data considered by the witness in forming opinions

relating to this litigation. 17. A copy of all exhibits, documents, charts, photographs, diagrams the witness may

use in support of or in summary of his opinions. 18. A copy of a list of all publications authored by the witness in the past 10 years.

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