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

Case 1 :04-cv-01503-SLR Document 23 Filed 10/05/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

CUMBERLAND MUTUAL FIRE 2
INSURANCE COMPANY :
Plaintiff(s)
v. Case Noi Ofi—l503
S. C. JOHNSON & SON, INC.
Defendant.
NOTICE DUCES TECUM OF RULE 30(b)(6) DEPOSITION OF
CUMBERLAND MUTUAL INSURANCE COMPANY
You are hereby notified that, pursuant to Federal Rule of`Civil Procedure Rule 30(b)(6),
plaintiff Ctnnberland Mutual Insurance Company ("Cu1nberland Mutual") is requested to
designate and produce for deposition a corporate representative or representatives who can
testify as to matters known or reasonably known to Cumberland Mutual with respect to the
following categories of inquiry:
l. The investigation by or on behalf of`Ctnnberland Mutual of the events leading to,
surrounding and following the incident at the Crothers’ residence that forins the basis for this
lawsuit.
2. All efforts made by Cumberland Mutual to identify causes for the incident other
than the alleged defect in a Raid® Fogger product.
3. Any other tire or incident that Cumberland Mutual claims is substantially similar
to the incident at the Crothers’ residence.

Case 1:04-cv-01503-SLR Document 23 Filed 10/05/2005 Page 2 of 4
4 The policies and procedures of“Cumberland Mutual followed in this case in
making a determination as to whether to seek subrogation from SC Johnson, including but not
limited to all factors used by Cumberland Mutual in making the decision to subrogate.
5. All testing conducted by or on lJ€l]£1llC`Ol`CtllTii}€1`lE111(l Mutual of any Raid"? Deep
Reach Fogger product,.
6. The chain of custody and present location of any Raidlw Fogger product container
that was present in the Crothers’ residence at the time of the incident.
7. All communications by Ctunberland Mutual or any ofits representatives with the
Environmental Protection Agency or any other state or federal regulatory agency or body
regarding Raidlm Fogger products.
8. The precise defect or defects that Cumberland Mutual claims were present in the
Raid® Fogger products that were present in the Crotbers’ residence.
9.. All reasonable alternative designs that Cumberland Mutual claims were feasible
and could have been adopted by SC Johnson prior to the date of manufacture of the product or
products that Cumberland Mutual claims were involved in this incident.
IO. All communications of any kind between Cumberland Mutual and any other
insurance company or insurance adjusting service regarding Raidlm Deep Reach Fogger products
from the date of the Crotbers” incident to the present.
l 1. All et`l`orts made by or on behalfof Cumberland Mutual to preserve the fire scene
prior to its inspection by a representative of SC Johnson.
12.. All support or evidence of any kind for the claim by Cumberland Mutual that
SC Johnson has acted in a "careless, willful, wanton, malicious and/or reckless" manner in any
regard.
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Case 1:04-cv-01503-SLR Document 23 Filed 10/05/2005 Page 3 of 4
E3, All evidence of any kind that SC Johnson violated tiie Magnuson-Moss Warranty
Federal Trade Commission Act,
E4, All evidence of any kind that SC Jolinson "i and/or admitted inl'o1‘·mation" in violation of the Delaware Consumer Fiend Act.
The deposition will be conducted on Tuesday, November l, 2005, at the offices of
counsel for SC Johnson, Phillips, Goldman & Spence, PA,. at `1200 North Broom Street,
Wilmington, Delaware, The deposition will begin at 9:00 a,1n, and will continue until it is
completed. The deposition wilt be recorded by stenograpliic means,
Respectfully submitted,
PHILLIPS, GOLDMAN & SPENCE, PA,
By:
James P. all #3293)
1200 N, toon Street
Wilmin ton, elawaie 19806
Telephone o.; (302) 655-4200
Facsimile Noi.: (,302) 65 5-—42i0
ATTORNEY FOR S, C, JOI-INSON & SON, INC,
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Case 1:04-cv-01503-SLR Document 23 Filed 10/05/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that a copy ofthe Notice Duces Tectnn of Rule 30(b)(6) Deposition of
Ctzmberland Mutual Insurance Company was served by United States Mail this day of
October, 2005 out
Daniel P. Bennett
Heckler & Frabizzio
The Corporate Plaza
SOO Delaware Avenue
Suite 200
PO. Box 128
Wilmington, Delaware 19899
Michael F. Wallace
Law Offices of Robert A, Stutinan, PC,
20 East Taunton Road, Suite 403
Berlin, New Jersey 08009
/
An Attome r S, p, Jo inson & Son, Inc,.
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