Free Motion for Issuance of Letters Rogatory - District Court of Delaware - Delaware

Case 1:08-mc-00085-SLR

Document 1

Filed 04/17/2008

Page 1 of 9

Case 1:08-mc-00085-SLR

Document 1

Filed 04/17/2008

Page 2 of 9

Case 1:08-mc-00085-SLR

Document 1

Filed 04/17/2008

Page 3 of 9

Case 1:08-mc-00085-SLR

Document 1

Filed 04/17/2008

Page 4 of 9

Case 1:08-mc-00085-SLR

Document 1

Filed 04/17/2008

Page 5 of 9

Case 1:08-mc-00085-SLR

Document 1

Filed 04/17/2008

Page 6 of 9

Case 1:08-mc-00085-SLR

Document 1

Filed 04/17/2008

Page 7 of 9

Case 1:08-mc-00085-SLR

Document 1

Filed 04/17/2008

Page 8 of 9

Case 1:08-mc-00085-SLR

Document 1

Filed 04/17/2008

Page 9 of 9

Case 1:08-mc-00085-SLR

Document 1-2

Filed 04/17/2008

Page 1 of 22

EXHIBIT A

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 2 of 22

Issued by the

UNITED STATES DISTRICT COURT
DISTRICT OF IN RE APPLICATION OF OF SADKORA ENERGY AB FOR ASSISTANCE BEFORE A FOREIGN TRIBUNAL. DELAWARE

SUBPOENA IN A CIVIL CASE

CASE NUMBER:1

TO:

Uniwest Holding LLC Antonina Tann LLC 25 Greystone Manor Lewes, Delaware 19958-9776 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. See Attachment 1
PLACE OF TESTIMONY COURTROOM

DATE AND TIME

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 OF DEPOSITION DATE AND TIME

April

, 2008, 10:00 a.m.

YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): See Attachment 2.
PLACE DATE AND TIME

April

, 2008, 10:00 a.m.

YOU ARE COMMANDED to permit inspection of the following promises 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).
ISSUING OFFICER SIGNATURE AND TITLE (INIDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

Attorney for Claimant
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

April

, 2008

(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse)

1

If action is pending in district other than district of issuance, state district under case number. 900002.0003

DB01:2541493.1

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 3 of 22

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 under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction which may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d) (2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy materials or inspect the promises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.

DB01:2541493.1

900002.0003

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 4 of 22

ATTACHMENT 1 Pursuant to Federal Rule of Civil Procedure 30(b)(6), you are required to designate one or more officers, directors, or managing agents, or other persons who consent to testify on your behalf, to appear and testify as to the matters covered by the documents requested in Attachment 2 of this subpoena.

DB01:2541493.1

900002.0003

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 5 of 22

ATTACHMENT 2 DEFINITIONS 1. As used herein Uniwest Holding LLC refers not only to the corporation itself but

to its directors, officers, employees, attorneys, agents, servants and/or representatives, as well as its predecessors or successors in interest, parents, divisions, subsidiaries and affiliates and their respective directors, officers, employees, attorneys, agents, servants and/or representative and predecessors or successors in interest, parents, divisions, subsidiaries and affiliates. 2. As used herein Antonina Tann LLC refers not only to the corporation but to its

directors, officers, employees, attorneys, agents, servants and/or representatives, as well as its predecessors or successors in interest, parents, divisions, subsidiaries and affiliates and their respective directors, officers, employees, attorneys, agents, servants and/or representative and predecessors or successors in interest, parents, divisions, subsidiaries and affiliates.

INSTRUCTIONS 1. Each request for DOCUMENTS seeks production of all DOCUMENTS described

herein, in the possession, custody or control of Uniwest Holding LLC/Antonina Tann LLC, or of the agents, attorneys, servants, employees or representatives of any of them, whether prepared by Uniwest Holding LLC/Antonina Tann LLC or anyone else. 2. Each request shall be read to be inclusive rather than exclusive. Accordingly, the

words "and" as well as "or" shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of this document request all DOCUMENTS that might otherwise be construed to be outside its scope. "Including" shall be construed to mean "without any limitation." "All" includes the word "any" and vice versa. The past tense shall include the present tense and the

DB01:2541493.1

900002.0003

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 6 of 22

present tense shall include the past tense so as to make the request inclusive rather than exclusive. The singular shall include the plural. 3. This request for production of DOCUMENTS is ongoing and continuing and

requires further and supplemental production by Uniwest Holding LLC/Antonina Tann LLC whenever any one of them attains knowledge or a right of custody or custom of any additional DOCUMENTS within the scope of this request. 4. In producing DOCUMENTS pursuant to this request, please indicate to which

numbered request each DOCUMENT is responsive. 5. state: a) the type of DOCUMENT (i.e., letter, memo, report, etc.); b) information sufficient to enable identification of the DOCUMENT, including the title, subject matter, date, name and address of the author or signer, name and address of addressee, persons copied with the DOCUMENT and all other recipients; c) the existence of any attachments, addenda or appendices; d) the present location and custodian of the DOCUMENT; and e) the type and basis of the privilege asserted. 6. All DOCUMENTS shall be produced in the form in which they are maintained. A For each DOCUMENT that you withhold on the basis of a claim of privilege,

request for a DOCUMENT shall be deemed to include a request for any and all file folders within which the DOCUMENT was contained, transmittal sheets, cover letters, exhibits, enclosures, or attachments to the DOCUMENT in addition to the DOCUMENT itself.

DB01:2541493.1

900002.0003

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 7 of 22

7.

Any objections to the production of DOCUMENTS requested herein shall be made

in writing, specify the grounds upon which the objection is based, and be delivered to the law offices of Young Conaway Stargatt & Taylor, LLP, on or before the date set for production.

DB01:2541493.1

900002.0003

Case 1:08-mc-00085-SLR

Document 1-2

Filed 04/17/2008

Page 8 of 22

DOCUMENTS REQUESTED 1. All company and shareholder agreements of Uniwest Holding LLC/Antonina

Tann LLC, except for the Uniwest Holding LLC Company Agreement dated August 10, 2004. 2. 3. All amendments to the documents referred in paragraph (1). All documents evidencing membership or participation in Uniwest Holding

LLC/Antonina Tann LLC, including shareholder or company member certificates. 4. All company and shareholder agreements of All Risks RE Corp., including

shareholder or company member certificates. 5. 6. All amendments to the documents referred to in paragraph (4). All documents evidencing membership or participation in All Risks RE Corp.,

including shareholder or company member certificates. 7. Corp. 8. All documents evidencing the grant of authority to represent Uniwest Holding All documents evidencing an agreement between Aigar Ojaots and All Risks RE

LLC/Antonina Tann LLC during the year 2004, including powers of attorney. 9. All other documents related to the participation of Uniwest Holding LLC/Antonina

Tann LLC and All Risks RE Corp. that is relevant to the claim of relief pending in Sweden. 10. All other documents relating to Uniwest Holdings LLC/Antonina Tann LLC and All

Risks RE Corp. that have not been produced in response to previous requests.

DB01:2541493.1

2

900002.0003

Case 1:08-mc-00085-SLR

Document 1-2

Filed 04/17/2008

Page 9 of 22

EXHIBIT B

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 10 of 22

Issued by the

UNITED STATES DISTRICT COURT
DISTRICT OF IN RE APPLICATION OF OF SADKORA ENERGY AB FOR ASSISTANCE BEFORE A FOREIGN TRIBUNAL. DELAWARE

SUBPOENA IN A CIVIL CASE

CASE NUMBER:1

TO:

All Risks RE Corp. 25 Greystone Manor Lewes, Delaware 19958-9776

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. See Attachment 1
PLACE OF TESTIMONY COURTROOM

DATE AND TIME

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 OF DEPOSITION DATE AND TIME

April

, 2008, 10:00 a.m.

YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): See Attachment 2.
PLACE DATE AND TIME

April

, 2008, 10:00 a.m.

YOU ARE COMMANDED to permit inspection of the following promises 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).
ISSUING OFFICER SIGNATURE AND TITLE (INIDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

Attorney for Claimant
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

April

, 2008

(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse)

1

If action is pending in district other than district of issuance, state district under case number.

NYCDMS/1082604.1

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 11 of 22

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 under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction which may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d) (2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy materials or inspect the promises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.

NYCDMS/1082604.1

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 12 of 22

ATTACHMENT 1 Pursuant to Federal Rule of Civil Procedure 30(b)(6), you are required to designate one or more officers, directors, or managing agents, or other persons who consent to testify on your behalf, to appear and testify as to the matters covered by the documents requested in Attachment 2 of this subpoena.

NYCDMS/1082604.1

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 13 of 22

ATTACHMENT 2 DEFINITIONS 1. As used herein All Risks RE Corp. refers not only to the corporation itself but to

its directors, officers, employees, attorneys, agents, servants and/or representatives, as well as its predecessors or successors in interest, parents, divisions, subsidiaries and affiliates and their respective directors, officers, employees, attorneys, agents, servants and/or representative and predecessors or successors in interest, parents, divisions, subsidiaries and affiliates. INSTRUCTIONS 1. Each request for DOCUMENTS seeks production of all DOCUMENTS described

herein, in the possession, custody or control of All Risks RE Corp., or of its agents, attorneys, servants, employees or representatives, whether prepared by All Risks RE Corp. or anyone else. 2. Each request shall be read to be inclusive rather than exclusive. Accordingly, the

words "and" as well as "or" shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of this document request all DOCUMENTS that might otherwise be construed to be outside its scope. "Including" shall be construed to mean "without any limitation." "All" includes the word "any" and vice versa. The past tense shall include the present tense and the present tense shall include the past tense so as to make the request inclusive rather than exclusive. The singular shall include the plural. 3. This request for production of DOCUMENTS is ongoing and continuing and

requires further and supplemental production by All Risks RE Corp. whenever it attains knowledge or a right of custody or custom of any additional DOCUMENTS within the scope of this request. 4. In producing DOCUMENTS pursuant to this request, please indicate to which

numbered request each DOCUMENT is responsive.

NYCDMS/1082604.1

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 14 of 22

5. state:

For each DOCUMENT that you withhold on the basis of a claim of privilege,

a) the type of DOCUMENT (i.e., letter, memo, report, etc.); b) information sufficient to enable identification of the DOCUMENT, including the title, subject matter, date, name and address of the author or signer, name and address of addressee, persons copied with the DOCUMENT and all other recipients; c) the existence of any attachments, addenda or appendices; d) the present location and custodian of the DOCUMENT; and e) the type and basis of the privilege asserted. 6. All DOCUMENTS shall be produced in the form in which they are maintained. A

request for a DOCUMENT shall be deemed to include a request for any and all file folders within which the DOCUMENT was contained, transmittal sheets, cover letters, exhibits, enclosures, or attachments to the DOCUMENT in addition to the DOCUMENT itself. 7. Any objections to the production of DOCUMENTS requested herein shall be made

in writing, specify the grounds upon which the objection is based, and be delivered to the law offices of Young Conaway Stargatt & Taylor, LLP, on or before the date set for production.

NYCDMS/1082604.1

Case 1:08-mc-00085-SLR

Document 1-2

Filed 04/17/2008

Page 15 of 22

DOCUMENTS REQUESTED 1. All company and shareholder agreements of Uniwest Holding LLC/Antonina

Tann LLC, except for the Uniwest Holding LLC Company Agreement dated August 10, 2004. 2. 3. All amendments to the documents referred in paragraph (1). All documents evidencing membership or participation in Uniwest Holding

LLC/Antonina Tann LLC, including shareholder or company member certificates. 4. All company and shareholder agreements of All Risks RE Corp., including

shareholder or company member certificates. 5. 6. All amendments to the documents referred to in paragraph (4). All documents evidencing membership or participation in All Risks RE Corp.,

including shareholder or company member certificates. 7. Corp.. 8. All documents evidencing the grant of authority to represent Uniwest Holding All documents evidencing an agreement between Aigar Ojaots and All Risks RE

LLC/Antonina Tann LLC during the year 2004, including powers of attorney. 9. All other documents related to the participation of Uniwest Holding LLC/Antonina

Tann LLC and All Risks RE Corp. that is relevant to the claim of relief pending in Sweden. 10. All other documents relating to Uniwest Holdings LLC/Antonina Tann LLC and All

Risks RE Corp. that have not been produced in response to previous requests.

2
NYCDMS/1082604.1

Case 1:08-mc-00085-SLR

Document 1-2

Filed 04/17/2008

Page 16 of 22

EXHIBIT C

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 17 of 22

Issued by the

UNITED STATES DISTRICT COURT
DISTRICT OF IN RE APPLICATION OF OF SADKORA ENERGY AB FOR ASSISTANCE BEFORE A FOREIGN TRIBUNAL. DELAWARE

SUBPOENA IN A CIVIL CASE

CASE NUMBER:1

TO:

Harvard Business Services, Inc. 16192 Coastal Highway Lewes, Delaware 19958

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 OF TESTIMONY COURTROOM

DATE AND TIME

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 OF DEPOSITION DATE AND TIME

April _, 2008, 10:00 a.m. YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): See Attachment 2
PLACE DATE AND TIME

April _, 2008, 10:00 a.m. YOU ARE COMMANDED to permit inspection of the following promises 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).
ISSUING OFFICER SIGNATURE AND TITLE (INIDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

Attorney for Claimant
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

April

, 2008

(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse)

1

If action is pending in district other than district of issuance, state district under case number.

NYCDMS/1082176.2

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 18 of 22

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 under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction which may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d) (2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy materials or inspect the promises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.

NYCDMS/1082176.2

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 19 of 22

ATTACHMENT 1 Pursuant to Federal Rule of Civil Procedure 30(b)(6), you are required to designate one or more officers, directors, or managing agents, or other persons who consent to testify on your behalf, to appear and testify as to the matters covered by the documents requested in Attachment 2 of this subpoena.

NYCDMS/1082176.2

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 20 of 22

ATTACHMENT 2 DEFINITIONS 1. As used herein Harvard Business Services, Inc. refers not only to the corporation

itself but to its directors, officers, employees, attorneys, agents, servants and/or representatives, as well as its predecessors or successors in interest, parents, divisions, subsidiaries and affiliates and their respective directors, officers, employees, attorneys, agents, servants and/or representative and predecessors or successors in interest, parents, divisions, subsidiaries and affiliates. INSTRUCTIONS 1. Each request for DOCUMENTS seeks production of all DOCUMENTS described

herein, in the possession, custody or control of Harvard Business Services, Inc., or of its agents, attorneys, servants, employees or representatives, whether prepared by Harvard Business Services, Inc. or anyone else. 2. Each request shall be read to be inclusive rather than exclusive. Accordingly, the

words "and" as well as "or" shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of this document request all DOCUMENTS that might otherwise be construed to be outside its scope. "Including" shall be construed to mean "without any limitation." "All" includes the word "any" and vice versa. The past tense shall include the present tense and the present tense shall include the past tense so as to make the request inclusive rather than exclusive. The singular shall include the plural. 3. This request for production of DOCUMENTS is ongoing and continuing and

NYCDMS/1082176.2

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 21 of 22

requires further and supplemental production by Harvard Business Services, Inc. whenever it attains knowledge or a right of custody or custom of any additional DOCUMENTS within the scope of this request. 4. In producing DOCUMENTS pursuant to this request, please indicate to which

numbered request each DOCUMENT is responsive. 5. state: a) the type of DOCUMENT (i.e., letter, memo, report, etc.); b) information sufficient to enable identification of the DOCUMENT, including the title, subject matter, date, name and address of the author or signer, name and address of addressee, persons copied with the DOCUMENT and all other recipients; c) the existence of any attachments, addenda or appendices; d) the present location and custodian of the DOCUMENT; and e) the type and basis of the privilege asserted. 6. All DOCUMENTS shall be produced in the form in which they are maintained. A For each DOCUMENT that you withhold on the basis of a claim of privilege,

request for a DOCUMENT shall be deemed to include a request for any and all file folders within which the DOCUMENT was contained, transmittal sheets, cover letters, exhibits, enclosures, or attachments to the DOCUMENT in addition to the DOCUMENT itself. 7. Any objections to the production of DOCUMENTS requested herein shall be made

in writing, specify the grounds upon which the objection is based, and be delivered to the law offices of Young Conaway Stargatt & Taylor, LLP, on or before the date set for production.

NYCDMS/1082176.2

Case 1:08-mc-00085-SLR
AO 88 (Rev. 1/94) Subpoena In a Civil Case

Document 1-2

Filed 04/17/2008

Page 22 of 22

DOCUMENTS REQUESTED 1. All company and shareholder agreements of Uniwest Holding LLC/Antonina Tann LLC,

except for th Uniwest Holding LLC Company Agreement dated August 10, 2004. 2. 3. All amendments to the documents referred in paragraph (1). All documents evidencing membership or participation in Uniwest Holding LLC/Antonina

Tann LLC, including shareholder or company member certificates. 4. All company and shareholder agreements of All Risks RE Corp., including shareholder

or company member certificates. 5. 6. All amendments to the documents referred to in paragraph (4). All documents evidencing membership or participation in All Risks RE Corp., including

shareholder or company member certificates. 7. 8. All documents evidencing an agreement between Aigar Ojaots and All Risks RE Corp. All documents evidencing the grant of authority to represent Uniwest Holding

LLC/Antonina Tann LLC during the year 2004, including powers of attorney. 9. All other documents related to the participation of Uniwest Holding LLC/Antonina Tann

LLC and All Risks RE Corp. that is relevant to the claim of relief pending in Sweden. 10. All other documents relating to Uniwest Holdings LLC/Antonina Tann LLC and All Risks

RE Corp. that have not been produced in response to previous requests.

NYCDMS/1082176.2

Case 1:08-mc-00085-SLR

Document 1-3

Filed 04/17/2008

Page 1 of 2

Case 1:08-mc-00085-SLR

Document 1-3

Filed 04/17/2008

Page 2 of 2

Case 1:08-mc-00085-SLR

Document 1-4

Filed 04/17/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: APPLICATION OF SADKORA ENERGY AB FOR ASSISTANCE BEFORE A FOREIGN TRIBUNAL.

Case No. _______________

ORDER At Wilmington this ___ day of _____________, 2008, having considered the Application of Sadkora Energy AB for an Order to Take Discovery Pursuant to 28 U.S.C. § 1782 and the supporting Declaration, and it appearing that the requirements of 28 U.S.C. § 1782 have been satisfied, IT IS HEREBY ORDERED that: 1. The Application of Sadkora Energy AB for an Order to Take Discovery Pursuant

to 28 U.S.C. § 1782 is granted; 2. Sadkora Energy AB is authorized pursuant to 28 U.S.C. § 1782 to take discovery

relating to the issues identified in its application from Uniwest Holding LLC/Antonina Tann LLC, All Risks RE Corp. and Harvard Business Services, Inc., including (1) issuing subpoenas to Uniwest Holding LLC/Antonina Tann LLC, All Risks RE Corp. and Harvard Business Services, Inc. in the form attached to the Application as Exhibits A, B and C and (2) issuing subpoenas to any other party with relevant knowledge or evidence, for the production of documents and the taking of depositions as Sadkora Energy AB may deem reasonably appropriate based upon review of documents produced and deposition testimony given by Uniwest Holding LLC/Antonina Tann LLC, All Risks RE Corp. and Harvard Business Services, Inc. and as are consistent with the Federal Rules of Civil Procedure;

DB01:2541474.1

900002.0003

Case 1:08-mc-00085-SLR

Document 1-4

Filed 04/17/2008

Page 2 of 2

3.

Uniwest Holding LLC/Antonina Tann LLC, All Risks RE Corp. and Harvard

Business Services, Inc. are directed to comply with such subpoenas in accordance with, and subject to their rights under, the Federal Rules of Civil Procedure and the Rules of this Court; 4. Young Conaway Stargatt & Taylor, LLP and Baker & McKenzie LLP, may sign

and serve such subpoenas on Uniwest Holding LLC/Antonina Tann LLC, All Risks RE Corp. and Harvard Business Services, Inc. pursuant to Fed. R. Civ. P. 45(a)(3) in this matter; 5. Testimony may be taken before any certified court reporter authorized to take

testimony and administer oaths and take testimony in this matter; and 6. Sadkora Energy AB shall deliver copies of this order and any subpoena issued

pursuant to this order to the parties to the civil proceedings pending in Sweden.

____________________________________ UNITED STATES DISTRICT JUDGE

DB01:2541474.1

900002.0003