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

Case 1 :04-cv-00339-JJF Document 129-2 Filed 07/12/2005 Page 1 of 3
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Issued bythe
UNITED STATES Disrtucr Corner
MIDDLE D]S']`R{C']` Op NORTH CAROLINA
FEDERAL INSURANCE COMPANY SUBPOENA IN A CIWL CASE
V.
LlGl·ITt—tOUSE CONSTRUCTION, SNC., etal. Casa Numbmjz, 04_3Q (conscudated)
TO: Records Custodian for VP Consotidatect Holdings d/b/a
Varco Rruden Buitdings, Inc., c/0 CT Corp Systems, 225
Hitisborough St , Raleigh, NC 27603
[Ll YOU ARE COMMANDHD to appear in the United States District court at the piece, date, and time specified beiow to
testify in the above case.
mice or resrlmorw counrnoom
mrs mvp Trivia
S YOU ARE COMMANDED to appear at the piace, date, and time specified beiow to testify at the taking of a deposition
in the above case,
since or Deposition I one me time
[Qi YOU ARE COM l'\/EANDED to produce and permit inspection and copying ofthe foiiowing documents or objects at the
place, date, and time specified below (iist documents or objects):
All documents and things listed in attached Exhibit "A"
MCE vents mean caress iocated at west Madman si , xernersvalie, NC 27234 DATE AND NME
8/5/2005 11:00 am
B YOU ARE COMMANDED to permit inspection ofthe foliowing premises at the date and time speciiied betow,
rnsmisiss I entre me rms
Any organizati n not a party to this suit that is subpoenaed for the taking ofa deposition shall designate one or more ofiicers,
directors, or man ing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated,
the matters on ich the person wit testify Federal Ruies of Civil Procedure, .30(b)(6).
rssumc crm " irrits nuotcnriz ie mrronuev ron l’LAiN'l`li"F on perrsuortnn one
J 7 ~//~ as
lssum orl=1cert·s NA , AD ss Amo moms NUMBER
Robert B. Hitt, Attorney for Third—Party Defendant, East Coast Erectors, inc, 3445 Peachtree Road, NE, Suite 500,
Atlanta, GA 30326; (404) 3054549
(Scc Rulc 45,FederalRulesoFCivitProcudt1rc. Pans C S:. D on next page)
i ll action is pending in district other than district ol issuance. suite district under case number

Case 1 :04-cv-00339-JJ F Document 129-2 Filed 07/12/2005 Page 2 of 3
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PROOF OF SERWCIE.
DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
SER VED BY (PRINT NAME} TITLE
DECLARATION OF SERVER
I dcciaro undcr penalty of porjuxy under the laws ofthe United States of`Amorica that the foregoing information contained
in the Proof of Service is true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
Ruin 45, FcdcmE Ruics of Civil Procedure, Parts C & D:
(c) ?RO`T EC`T§ON OF PERSONS SUBIEC`? TO SUBPOENAS
(I) A party or nr: nuorncy responsible For {hc issuance and scrvécc of`:1
S§3b]')l)B|l¢1 slsull mkc rcnsonnblc steps to avoid imposing undue burden or cxpcnsc iriui bc commander] to trzwcl f¥om any such placc within ain: same in which ilu:
on :1 person sub}cc::ot1znas1:bpccna The coun on bEl1¤}{`0{·\V§1iC}1 liu: subpoena 1:iul és lzcld. or
was issued 5§l:'1;§€1'%f`0!'CC[]§i5 duay and impose upon thc pany or attorney in branch
0i`%§1is duly an appropriate sanction \V§`liC;1 may inciuée, inut is not limited to, lost (iii} requires disclosure of privileged or other protcczcd muitcr and
earnings and reasonable :ist0sncy‘s fcc no exception or waiver applies. or
(iv) suinjccts zi person to undue burden
{2) (MA person commanded so proéuco and permit inspection amd copying
of designated books. papers, docmncms or t:u1gib§c Qhiiags, or inspection of (B){f`:zsubpcc:1a
prcmiscs need not nppcnr in person at zinc place of prucluction or inspection unless
cornmamdcd to appear ébr dcposisioo, hearing or trial (i) requires disclosure ot" :2 tmc}: secret or other coniidcminl
research. dcvciopmcut, or commcrciul iuformatiozr, or
(E3) Subject to paragraph (cl} (2) ofthis rule, u person cosmrmudcd 10 (ii) rcquircs disclosure of nn aznrcmincci cxpzzsfs opinion or
produce and permit inspection and copying muy, within ¥4 days nilcr service of information notdcsczibing specific events oroccurrcziccs in déspum and resulting
subpoena or before thc time spcciiicd for compliance if such time is icss than E4! from thc cxpcrfs study mzsdo not at thc request nfmzy puny, or
days niicr service. serve upon sin: pony or attorney designated in {hc subpoena (iii) requires :1 person who is not n party or on officer of n pany to
written objection to inspccaionor copying ofany or all ofthe designated mmczinls incur substantial expense to zmvcl mom than EDO miles to mtond trial. thc court
UFO!-U1!} premises Efobjoction is made, thc party serving thc subpoena shall not muy, to protect n person subject to or uffcczcd by aiu: subpoena, quash or modify
bc entitled to inspcctund copy materials or inspccuhc promises cxccpagmrsaimia thc subpoena, or, if {irc party in who behalf thc subpoena is issued shows :1
no an order Df1}1C court by which tho subpoena was issued Ifnbjccnioniws been substantial ziccd for the testimony or nmzcrinl that cannot bc otherwise mea
made. the pany scrvingthc subpoena may. upon noaiccio the person commanded without undue hardship ond assures aim aha: person to whom thc subpoena is
Lo produce. mow: at any lima: For no order to compc§ aiu: production Such an ucidrcsscd will bc reasonably compensated. thc court may order nppcaramcu or
order so comply produczio:1 $51:11% protect any person who is not u puny or an production only upon spcciticd conditions
ofliccr of u puny from signiiicnna expense rcsuiting from the inspection and
copying commanded {d) DUTHES IN RESPONDENG K) SUBPGENA
(3) (A} On timely motion, thc court by which ZI subpocnn was issued siwll (1) A person responding ao as subpoena to produce documents shall produce
qurssi1orinodEf`y:hc subpoena ifit Llzcm as ahcy nrc kept in thc usual course of business or shall orgmsizc and label
them to correspond with the categories in me demand
(i) mils to aiiow reasonable time for compliance,
(ii) rcquircs an person who is not an puny 0: an cmccr of`n pany to (2) Whcn information subject to an subpoena is witlzhcid on n cinim that is is
travel to il piucc more %§mn IOO milcs from thc piano where thm person resides, is privilcgcd or subject so protection os trial preparation materials, thc claim sha]? bc
employed or regularly tmnsncua business in person, cxccpt that, subject 20 thc mudc expressly amd shall bc supponcé by a description of thc uumrc of thc
provisions of ciausc (c) {3) (B) (iii) of this rulc, such :1 person may in ordcr to documents,communicndons.orthingsootproduccdthmissufficicnmiocnnblctlic
mscnd rmnmdcmrmding party in comes; thc cinim

Case 1:04-cv-00339-JJF Document 129-2 Filed 07/12/2005 Page 3 of 3
EXHIBIT A TO SUBPOENA TO
VARCO PRUDEN BUILDING SYSTEMS
You are requested to produce the following document pursuant to the foregoing subpoena:
l.
A true and correct copy of the erection drawings and purchase orders pertaining to the
following buildings:
Atlantic Movers Building, Dover, Delaware, purchased and
constructed by your dealer, Kent Construction Company, Brenford
Building, Two Big Oak Road, Smyrna, Delaware 1997; and the NKS
Distributors, Inc. Building located at 399 Churclunans Road, New
Castle, Delaware 19720 (which are hereinafter referred to as the
"Bui1dings;" and
2.
Complete and accurate copies of all reports of structural failure or damage, photographs, site
inspections and investigations and reports or documents pertaining to meteorological conditions at
the time of any structural collapse or damage to the Buildings which occurred during the month of
February 2003. [With respect to photographs, please provide color copies of any photographs taken
or, if digital or electronic, you may provide such photographs by e—mail or disk to bhilI@mclain-
l'1’1€I"1“lit.CO1}l.]
3,
A copy of erection drawings and purchase order pertaining to any Varco Pruden Building
Systems structures known to you to have collapsed or sustained partial collapse within the State of
Delaware under the load of snow and ice during the period from February 15, .2003, through
February 28, 2003.

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Document 129-2

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