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

Case 1 :04-cv-00339-JJF Document 1 15-2 Filed 05/26/2005 Page 1 of 4
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Issued by the
UNITED STATES DISTRICT COURT
DISTRICT or DELAWARE
FEDERAL INSURANCE COMPANY, SUBPOENA IN A CIVIL CASE
V.
LIGHTHOUSE CONSTRUCTION, INC., etal. Case Number, 0+339 (Consolidated)
TO: Records Custodian for Callan Salvage & Appraisal Co., Inc.
293 Park Avenue
Cinnaminson, NJ 08077
I] YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in the above case.
PLACE or Tssrnvromr cousrnoorvr
DATE AND THVIE
[I YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE or DEPOSITION | DATE AND TIME
I] YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specilied below (list documents or objects):
All documents and things listed in attached Exhibit A.
PLACE DATE AND TIME
Wetzel & Associates, P.A, The Carriage House, Suite 201,
1100 North Grant Avenue, vwimmgten, DE 19805 I 6/14/2005 WOO am
I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES DATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated,
the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUIN OFFICEPJS SIGNATURE AND TITLE (INDICATE ir ATTORNEY ron PLAINTIFF on DEEENDANT) DATE
’Y/Y1 , (5-,20 = Q5
is tvs NAME, ADD s PHONE NUMBER
Natalie M. lppolito, Esquire, Wetzel & Associates, P.A., The Carriage House, Suite 201, 1100 North Grant Avenue,
Wilmington, Delaware 19805; (302) 652-1200; Attorney for Third-Party Defendant East Coast Erectors, Inc.
(See Rule 45, Federel Rules of Civil Procedure, Parts C &D on next page)
1 If action is pending in district other than district of issuance, state district under case numhaz.

Case 1 :04-cv-00339-JJF Document 1 15-2 Filed 05/26/2005 Page 2 of 4

PROOF OF SERVICE
DATE PLACE
SERVED

SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER

I declare under penalty of perjury mmdcr the laws ofthe United States of America that the foregoing information contained
in the Proof of Service is true and correct.
Executed 011
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER


Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(e) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A party or an sttomey respousirle for the issuance md service of a
subpoena shall take reasonable stqns to avoid imposing undue burden or expense n·ial be commanded to travel iiom any such plaoe within the slate in which the
on a person subject m that subpoena. The court on behalfof which the subpoena trial is held, or
wssissued shall enforcethis duty and imposeupon the partynrattmneyin breach
nf this duty an appropriate sanction which may inclmie, but is not limited tu, lost (iii) requires disclosure ofprivileged or other protected rnatter and
earnings and reasonable a1tnn1ey’s fee. no exception or waiver applies, cr
(iv) subjects a person tn undue burden.
(2) (A)Apersm1 commanded to produce and permitinspection and copying
of designated bnoks, papers, documents nr tangible things, or inspection nf (B) lfa subpoena
premises need not appear in person at the place of prnduction nr inspection unless
commanded to appear for deposition, hearing ur trial (i) requires disclosure of s trade secret or other mniidmtial
research, development; or commercial inibrmaticm, or
(B) Subject to paragraph (rl) (2) of this rule, a person commanded tu (ii) requires disclosure of an unretained exp¤1’s opinion or
pmduee and permit inspection and copying may, within 14 days aha service of information not describing specific events or occurrences in dispute and resulting
subpoena orbefore the Lime specified for compliance if such time is less than 14 Rom the expert’s study made not at the request of any party, or
days aherservicc, save upon the party or atiorney designated in the subpoena (iii) requires a pmson who is nuts party oran ¤Hi:er of a party bo
written objexzion to inspection or copying ofauy oral] ofthe designatedmaterials incur substantial expense to travel more than 100 miles to amend trial, the court
ur ofthe premises. lfolsjection is made, the party serving the subpoena shall not may, to protect a person subject tn or affected by the subpoena, quash or modify
be mtitled to inspect and copy materials orinspect the premises except pursuant the subpoena, ur, if the party in who behalf the subpoena is issued shows a
to an orderofdme eourtby which the subpoena was issued. Ifcbjection has been substantial need ibr the mstirnony ur material that cannot be otherwise met
made,tlteparty servingthesubpoena may, upon noticetn theperson commanded without undue hardship and assures that the person to whom the subpoena is
to produce, move at any time for an order to compel the pmductinn. Such an addressed will be reasonably compensated, the court may order appearance ar
order to comply production shall protect any person who is not a party or an production only upon specified conditions,
nEcer of a party Bum signiticanl expense resulting Rom the inspection and
copying commanded. (d) DUTIZBS IN RESPONDING TO SUBPOENA
(3) (A) On timely motion, the court by which a subpoena was issued shall (1) A person respondingto :• subpoena to produce documents shall produce
quash or mndiiydxe subpoena if it them as they are kept in the usual cuune of business or shall organize and label
them to correspond with the categories in the demand.
(i) fails to allow reasonable time for compliance,
(ii) requires a person who is not a party or an oliicer of a party to (2) When inforrnation subjeclto a subpoena is withheld on a claim that it is
travel to a place more than 100 miles from the place where that person reside, is privileged orsubjectto protection as trial preparation materials, the claim shall be
employed or regularly transacts business in person, except that, subject to the made expressly and shall be supported by n description of the nature uf the
provisions of clause (e) (3) (B) (iii) of this nsle, such a person may in order to d¤cuments,r.¤rnm1|nications, urthingsnotprodiicedthatis sullicienttnniablethe
amend party to contest the claim.

Case 1:04-cv-00339-JJF Document 115-2 Filed 05/26/2005 Page 3 of 4
EXHIBIT "A” TO THE SUBPOENA ADDRESSED TO THE
RECORDS CUSTODIAN OF CALLAN SALVAGE & APPRAISAL CO., INC.
As used herein, "Document" shall mean every writing or record, however
produced, reproduced or preserved, including, but not limited to, every book, pamphlet,
periodical, letter, memorandum, telegram, report, record, study, interoffice or intra office
communication, memorandum reflecting an oral communication, handwritten or other
note, working paper, schedule, timesheet, draft, application, permit, chart, drawing,
photograph, paper, graph, survey, index, tape, disk, data sheet, data processing card,
computer printout and every other written, typed, recorded, transcribed, filed or graphic
matter, including such materials electronically recorded, filed or maintained on discs,
tapes or computers.
As used herein, "you" and "your" shall mean Callan Salvage & Appraisal Co.,
Inc., including agents and representatives acting on its behalf.
As used herein, "Subject Buildings" shall refer to buildings that were erected in or
about 1995, and in or about 1999, located at 97 Commerce Way, Dover, DE, and owned
by Del-Homes Catalog Group, LLC.
As used herein, "Salvage Operation" shall refer to your salvage recovery,
inventory count and sale of Client Logic’s property, both recovered and not recovered,
from the Subject Buildings.
DOCUMENTS TO BE PRODUCED
Produce every Document related to or concerning the Salvage Operation,
including but not limited to the following:

Case 1:04-cv-00339-JJF Document 115-2 Filed 05/26/2005 Page 4 of 4
l. All work papers, schedules, lists, spreadsheets, inventory lists, invoices,
purchase orders, photographs, correspondence, agreements, internet
listings, requests for bids, bids and other documents reviewed by you,
relied upon by you or created by you in connection with the salvage
recovery, inventory count and sale of Client Logic’s property from the
Subj ect Buildings.
2. All timesheets related to your removal of Client Logic’s property from the
Subject Buildings, your physical inventory count of the property, and sale
of the property.

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