Legal Document: TRANE U.S. INC. ET AL vs. GARDINER SERVICE COMPANY LLC

On December 21, 2022 a AFFIDAVIT FILED BY ATTORNEY JAMES B NIEHAUS 0020128 AFFIDAVIT OF JOSEPH R. RICHIE - AF was filed involving a dispute between Trane International Inc., and Kristy Mansell, for CONTRACT - OTHER in the District Court of Cuyahoga County.

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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

AFFIDAVIT OF/FOR...
October 23,2023 19:57

By: JAMES B. NIEHAUS 0020128

Confirmation Nbr. 2998205

TRANE U.S. INC. ET AL CV 22 972903

vs.
Judge: ANDREW J. SANTOLI
GARDINER SERVICE COMPANY LLC

Pages Filed: 73

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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO

TRANE U.S. INC. AND Case No. CV 22-972903
TRANE INTERNATIONAL INC.,

Plaintiffs,
v. AFFIDAVIT OF
JOSEPH R. RICHIE
GARDINER SERVICE COMPANY LLC,

Defendant.

I, Joseph R. Richie, state and declare as follows:

1. I am a shareholder with the law firm of Anthony Ostlund Louwagie Dressen &

Boylan P.A. and am counsel for nonparty Daikin Applied Americas Inc (DAA). I submit this

affidavit in opposition to Plaintiffs’ motion to compel and in support of DAA’s motion for

sanctions.

2. Plaintiffs Trane U.S. Inc. and Trane International Inc. (together, “Trane”) served a

subpoena on DAA on June 27, 2023 by mailing it to DAA’s registered agent. A true and correct

copy of the subpoena, along with a notification indicating it was received on June 27, are

attached as Exhibit 1.

3. On July 18, 2023, my partner Vince Louwagie and I had a brief phone conference

with Trane’s counsel. We asked if Trane was using the subpoena to search for possible claims

against DAA. Trane refused to answer, claiming that was privileged. We stated that Trane could

obtain much of the information Trane had requested from DAA from the Defendant, Gardiner

Service Company LLC. Trane’s counsel stated they had in fact requested it from Gardiner, but

Gardiner had refused to provide it. We stated that if the information is discoverable, Trane

should move to compel it from Gardiner instead of burdening a nonparty. We also asked Trane

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to explain the relevance of Trane’s requests to its claims against Gardiner, stating they appeared

to instead be searching for claims against DAA, as confirmed by Trane’s refusal to answer

whether it was searching for claims against DAA. Trane’s counsel was not prepared to explain

the relevance of its requests and stated they would follow up in writing. We agreed to accept

service of a new deposition subpoena that included a witness fee, which had not been included

with the original subpoena.

4. On August 18, 2023, DAA proposed certain changes to the protective order in this

case that are necessary to adequately protect DAA’s confidentiality interests. This included

permitting DAA and other third parties to designate information as confidential under the

protective order and creating an “Outside Counsel Only” confidentiality designation. DAA’s

proposal is Exhibit 6 to Trane’s motion to compel. At Trane’s request, counsel for DAA, Trane,

and Gardiner met by phone on August 22, 2023 to discuss the proposal. Gardiner agreed to it.

Trane expressed openness to the proposal, but stated it would need to discuss with its client first

and would get back to us. Trane did agree to hold documents produced by Gardiner as “Outside

Counsel Only” at least until the Court entered a new protective order or made a ruling on the

issue. As of today, Trane has not responded further regarding DAA’s proposal and has not

agreed to amend the protective order in any way.

5. On September 27, 2023, I called Trane’s counsel and informed them I was the

DAA attorney with the most familiarity with the matter and would be unavailable beginning the

next day, September 28, through October 10 for my wedding and honeymoon. I also stated that

Trane’s service of its motion to compel by emailing it to counsel was improper because we had

not appeared as “counsel of record” for DAA in the above-captioned matter. DAA offered to

waive the service issue in exchange for a two-week extension of DAA’s time to respond to the

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motion, to October 24, 2023, which would be sufficient time to accommodate my wedding and

honeymoon. Trane’s counsel indicated that was a reasonable request and that he did not

anticipate any issues obtaining the client’s agreement.

6. Attached as Exhibits 2-4 are true and correct copies of correspondence between

counsel for DAA and Trane.

Subscribed and sworn to before me
this 23rd day of October, 2023.

Notary Public
My commission expires January 31, 2025

GERALDINE WILKIE
N0TARYPUBLIC'MINNES0TA

My Commission Expires Jan. 31,2025

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EXHIBIT 1

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CT Corporation
Wolters Kluwer Service of Process Notification
06/27/2023
CT Log Number 544171233

Service of Process Transmittal Summary

TO: Janel Laboda, Senior Attorney
Daikin Applied
13600 INDUSTRIAL PARK BLVD
PLYMOUTH, MN 55441-3743

RE: Process Served in Ohio

FOR: Daikin Applied Americas Inc. (Domestic State: DE)

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:

TITLE OF ACTION: Trane U.S. Inc. and Trane International Inc. vs. Gardiner Service Company, LLC

DOCUMENT(S) SERVED: Subpoena, Affidavit, Attachment(s), First Amended Complaint, Certificate, Journal Entry,
Order

COURT/AGENCY: Cuyahoga County Court of Common Pleas, OH
Case # CV22972903

NATURE OF ACTION: Subpoena - Business records - Pertaining to Gardiner Service Company, LLC (Refer
document for additional information)

PROCESS SERVED ON: C T Corporation System, Columbus, OH

DATE/METHOD OF SERVICE: By Traceable Mail on 06/27/2023 postmarked on 06/22/2023

JURISDICTION SERVED: Ohio

APPEARANCE OR ANSWER DUE: None Specified

ATTORNEY(S)/SENDER(S): Cyrus A. Morton
Robins Kaplan LLP
800 LaSalle Avenue, Suite 2800
Minneapolis, MN 55402
612-349-8500

ACTION ITEMS: CT has retained the current log, Retain Date: 06/28/2023, Expected Purge Date:
07/03/2023

Image SOP

Email Notification, Janel Laboda janel.laboda@daikinapplied.com

Email Notification, Kelly Johnson kelly.johnson@daikinapplied.com

Email Notification, Carol Sachtschale carol.sachtschale@daikinapplied.com

Email Notification, Marilee Swant marilee.swant@daikinapplied.com

REGISTERED AGENT CONTACT: C T Corporation System
4400 Easton Commons Way
Suite 125
Columbus, OH43219
866-331-2303
CentralTeaml@wolterskluwer.com

Electronically Filed 10/23/2023 19:57 I AFFIDAVIT I CV 22 972903 I Confirmation Nbr. 2998205 I CLDLJ Page 1 of 2
CT Corporation
Wolters Kluwer Service of Process Notification
06/27/2023
CT Log Number 544171233

The information contained in this Transmittal is provided by CT for quick reference only. It does not constitute a legal opinion,
and should not otherwise be relied on, as to the nature of action, the amount of damages, the answer date, or any other
information contained in the included documents. The recipient(s) of this form is responsible for reviewing and interpreting the
included documents and taking appropriate action, including consulting with its legal and other advisors as necessary. CT
disclaims all liability for the information contained in this form, including for any omissions or inaccuracies that may be
contained therein.

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NOTE: A BLANK PAGE 2 MUST ALSO BE TURNED IN WITH COMPLETED PAGE 1.

IN THE COURT OF COMMON PLEAS

SUBPOENA CIVIL RULE 45

THE STATE OF OHIO
ss.
Cuyahoga County

Trane U.S. Inc, and Trane International Inc.
Plaintiff/Petitioner No. CV 22-972903
vs.

Gardiner Service Company, LLC
Defendant/Respondent judge Andrew J. Santoli

To
Daikin Applied Americas, Inc.____________________________________
c/o CT Corporation System______________________________________
4400 Easton Commons Way, Suite 125_______________________________
Columbus, OH 43219
YOU ARE COMMANDED to appear in the Court of Common Pleas to testify as witness on behalf of the
(PLAINTIFF/DEFENDANT) in the above entitled case and not depart the Court without leave. Fail not under penalty
of the law. Your appearance is required on the of at o’clock .M. in Courtroom
No. of the:

Justice Center-Court Tower Courthouse Square Cuyahoga County Courthouse
1200 Ontario Street 310 W. Lakeside Avenue One Lakeside Avenue
Cleveland, Ohio 44113 Cleveland, Ohio 44113 Cleveland, Ohio 44113

YOU ARE COMMANDED to appear at the place, date and time specified below to testify at the taking of deposition
in the above case.

By teleconference at a mutually agreeable time. (See Attachment 2 for deposition instructions and topics)

PLACE OF DEPOSITION DATE TIME
YOU ARE COMMANDED to produce and permit inspection, copying, testing or sampling of the following
documents or objects at the place, date and time specified below (list documents or objects):
See Attachment 1

PLACE • DATE TIME
YOU ARE COMMANDED to permit inspection of the following premises at the dateDATE
PREMISES TIME
and time specified below.
To insure taxation of their fees, witnesses must report each attendance to the Clerk of Court of Common Pleas on the first floor of the Justice
Center-Courts Tower.
Section 2335.06 of the Ohio Revised Code provides that witnesses are entitled to receive $12.00 for each full day’s attendance and $6.00 for
each half day's attendance, plus ten cents per mile traveled to and from his place of residence outside of the City of Cleveland proper. Such fees
are taxed as costs.

Cyrus A. Morton Robins Kaplan LLP, 800 LaSalle Avenue, Suite 2800, Minneapolis, MN 55402
ATTORNEY NAME ,_____ ADDRESS

Trane U.S. Inc. and Trane International Inc. 06/22/23
SIGNATURE REPRESENTING DATE

Cuyahoga County, Clerk of Courts
Clerk
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THE STATE OF OHIO
ss.
Cuyahoga County

Affidavit of Service of Subpoena by Sheriff or Officer, Attorney or Private Person

On the day of , 20 .
I served this Subpoena on the within named:

as follows:

SHERIFF'S FEES
Service on $ By
Deputy Sheriff/Attorney
Copy
Miles Travel Subscribed and sworn to before me, a
Return
$ This day of , 20
Witness entitled to miles

RULE 45. RULES OF CIVIL PROCEDURE, PARTS C & D
(C) Protection of persons subject to subpoenas. (1) A party or an attorney responsible (D) Duties in responding to subpoena. (1) A person responding to a subpoena to
for the issuance and service of a subpoena shall take reasonable steps to avoid produce documents shall, at the person's option, produce them as they are kept in
imposing undue burden or expense on a person subject to that subpoena. (2)(a) A the usual course of business or organized and labeled to correspond with the
person commanded to produce under divisions (A)(1)(b), (iii), (iv), (v), or (vi) of this categories in the subpoena. A person producing documents or electronically stored
rule need not appear in person at the place of production or inspection unless information pursuant to a subpoena for them shall permit their inspection and
commanded to attend and give testimony at a deposition, hearing, or trial, (b) Subject copying by all parties present at the time and place set in the subpoena for inspection
to division and copying. (2) If a request does not specify the form or forms for producing
(D) (2) of this rule, a person commanded to produce under divisions (A)(1)(b), (iii), electronically stored information, a person responding to a subpoena may produce
(iv), (v), or (vi) of this rule may, within fourteen days after service of the subpoena or the information in a form or forms in which the information is ordinarily maintained if
before the time specified for compliance if such time is less than fourteen days after that form is reasonably useable, or in any form that is reasonably useable. Unless
service, serve upon the party or attorney designated in the subpoena written ordered by the court or agreed to by the person subpoenaed, a person responding to
objections to production. If objection is made, the party serving the subpoena shall a subpoena need not produce the same electronically stored information in more
not be entitled to production except pursuant to an order of the court by which the than one form. (3) A person need not provide discovery of electronically stored
subpoena was issued. If objection has been made, the party serving the subpoena, information when the production imposes undue burden or expense. On motion to
upon notice to the person commanded to produce, may move at any time for an order compel discovery or for a protective order, the person from whom electronically
to compel the production. An order to compel production shall protect any person stored information is sought must show that the information is not reasonably
who is not a party or an officer of a party from significant expense resulting from the accessible because of undue burden or expense. If a showing of undue burden or
production commanded. (3) On timely motion, the court from which the subpoena expense is made, the court may nonetheless order production of electronically stored
was issued shall quash or modify the subpoena, or order appearance or production information if the requesting party shows good cause. The court shall consider the
only underspecified conditions, if the subpoena does any of the following: (a) Fails to factors in Civ. R. 26(B)(4) when determining if good cause exists. In ordering
allow reasonable time to comply; (b) Requires disclosure of privileged or otherwise production of electronically stored information, the court may specify the format,
protected matter and no exception or waiver applies; (c) Requires disclosure of a fact extent, timing, allocation of expenses and other conditions for the discovery of the
known or opinion held by an expert not retained or specially employed by any party in electronically stored information. (4) When information subject to a subpoena is
anticipation of litigation or preparation for trial as described by Civ.R. 26(B)(5), if the withheld on a claim that it is privileged or subject to protection as trial preparation
fact or opinion does not describe specific events or occurrences in dispute and results materials, the claim shall be made expressly and shall be supported by a description of
from study by that expert that was not made at the request of any party; (d) Subjects the nature of the documents, communications, or things not produced that is
a person to undue burden. sufficient to enable the demanding party to contest the claim. (5) If information is
(4) Before filing a motion pursuant to division (C)(3)(d) of this rule, a person resisting produced in response to a subpoena that is subject to a claim of privilege or of
discovery under this rule shall attempt to resolve any claim of undue burden through protection as trial-preparation material, the person making the claim may notify any
discussions with the issuing attorney. A motion filed pursuant to division (C)(3)(d) of party that received the information of the claim and the basis for it. After being
this rule shall be supported by an affidavit of the subpoenaed person or a certificate of notified, a receiving party must promptly return, sequester, or destroy the specified
that person's attorney of the efforts made to resolve any claim of undue burden. (5) If information and any copies within the party's possession, custody or control. A party
a motion is made under division (C)(3)(c) or (C)(3)(d) of this rule, the court shall quash may not use or disclose the information until the claim is resolved. A receiving party
or modify the subpoena unless the party in whose behalf the subpoena is issued may promptly present the information to the court under seal for a determination of
shows the claim of privilege or of protection as trial-preparation material. If the receiving
a substantial need for the testimony or material that cannot be otherwise met without party disclosed the information before being notified, it must take reasonable steps to
undue hardship and assures that the person to whom the subpoena is addressed will retrieve it. The person who produced the information must preserve the information
be reasonably compensated. until the claim is resolved.

Revised As Of 10/2018

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ATTACHMENT 1 TO SUBPOENA
DEFINITIONS

The following terms, if used herein, shall have the definitions described below:

1. “This Litigation” shall mean civil action number CV 22-972903 (Cuyahoga

County Court of Common Pleas) and 1:22-CV-01875-PAB (N.D. Ohio).

2. “You” or “Your” shall mean Daikin Industries, Ltd. and Daikin Applied

Americas, Inc., along with any of their respective successors, assigns, subsidiaries, affiliates,

agents, employees, representatives, predecessors, attorneys, and all other persons or entities

acting on their behalf.”

3. “Trane” shall mean Trane U.S. Inc, Trane International Inc., and their agents,

employees, representatives, predecessors, attorneys, and all other persons or entities acting on

their behalf.

4. “Gardiner” shall mean Gardiner Service Company, LLC and/or any former name

that Gardiner has gone by, and any predecessors (merged, acquired, or otherwise), successors,

LLC Members other than You, including Gardiner Company II, Inc., and any subsidiaries,

divisions, departments, affiliates, sister and parent entities, and all of its and/or their agents,

employees, representatives, predecessors, attorneys, and all other persons or entities acting on its

behalf or purporting to act on behalf of any of the foregoing.

5. “Person” or “Persons” shall mean any individual, firm, partnership, association,

corporation, or other legal or commercial entity.

6. “Communication” or “Communications” shall mean all modes of conveying

meaning or information, including, but not limited to, telephone, e-mail, letter, text message,

instant message, and any other means of written or spoken language between two or more

Persons, both sent and received.

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7. Document or Documents shall be construed under the broadest possible

construction under the Ohio Rules of Civil Procedure and shall mean the original and all non

identical copies or reproductions of any written, printed, typed, or recorded matter of any kind

known to You or in Your possession, custody, or control, including but not limited to:

a. Letters, e-mail, text message, instant message, correspondence, wires,

memoranda, instructions, purchase orders, statements of work, calculations, models,

programs, calendars, diaries, desk books, reports, studies, surveys, speeches, minutes,

pamphlets, notes, records, charts, drawings, tabulations, interoffice and intraoffice

Communications, tape or other voice recordings, records of meetings, conferences,

telephone conversations, or other Communications and drafts of any of the foregoing;

and

b. Any writing, drawing, graphic material, or data compilation stored in any

tangible, electronic, mechanical or electric form or representation of any kind including

materials on or in computer tapes, disks and memory and backup copies and deleted files

on a computer or computer storage device or media whether located on-site or off-site.

8. “Thing” and “Things” have the broadest meanings possible under Ohio Rule of

Civil Procedure 34(A).

9. “Describe” or “Describing” shall mean any reference or relevance to the

identified subject matter.

10. “Related,” “Relate,” or “Relating” to shall mean related to, describing,

evidencing, reflecting, concerning, regarding, pertaining to, associated with, or referencing in

any way the identified subject matter.

11. The term “any” shall include the word “all,” and vice versa.

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12. The terms “and,” “or,” and “and/or” shall be construed in the conjunctive or the

disjunctive, whichever makes the request more inclusive.

13. The use of the singular form of any word includes the plural and vice versa.

14. Unless specifically defined herein, all words and terms used herein shall be

construed and interpreted according to ordinary custom, usage, and meaning.

INSTRUCTIONS

1. Each Document Request shall be answered fully unless it is in good faith objected

to, in which event the reason for your objection shall be stated in detail. If an objection pertains

to only a portion of a Document Request, or a word, phrase, or clause contained within it, You

are required to state Your objection to that portion only and to respond to the remainder of the

Document Request, using Your best effort to do so.

2. If You encounter any ambiguities when construing a request or definition,

respond with the matter deemed ambiguous and the construction used in responding.

3. In producing Documents, provide all Documents known or available to You,

whether such Documents or Things are within Your direct possession, custody, or control, or that

of any present or former employees, agents, officers, directors, representatives, contractors,

consultants, or attorneys.

4. If You withhold any Document, electronically stored information or Thing based

on an objection of privilege or the work product doctrine (collectively, “privilege”), provide the

information set forth in Ohio Rule of Civil Procedure 26(B)(8). If You assert a privilege with

regard to part of the material contained, disclose the non-privileged material to the fullest extent

possible and indicate clearly the portions as to which the privilege is claimed.

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5. If You withhold any Document, electronically stored information, or Thing on the

grounds that production is unduly burdensome or expensive, describe the reasons that the

production is unduly burdensome or expensive.

6. Produce all Documents, electronically stored information, and Things along with

all non-identical drafts and copies, without abbreviation or redaction.

7. If any Document, electronically stored information, or Thing has been redacted or

altered in any fashion, identify the reason for the redaction or alteration, the date of the redaction

or alteration and the person performing the redaction or alteration. Make any redaction clearly

visible.

8. Documents produced in response to these Requests shall be produced in the same

order as they are kept in the ordinary course of business and, where attached, shall not be

separated or disassembled. If Documents responsive to any request are normally kept in a file or

folder, also produce that file or folder with any labels attached thereto, and indicate the company,

division, department, and/or individual from whose files the document is being produced. If

responsive Documents are segregated or separated from other Documents, whether by inclusion

in binders, files, sub-files, or by use of dividers, tabs or any other method, produce such

Documents in that form.

9. Respond in compliance with Ohio Rule of Civil Procedure 34(B).

10. If information is maintained in both hard copy and magnetic or electronic form,

produce the Documents in compliance with Ohio Rule of Civil Procedure 34(B)(3) in a form that

is reasonably usable and in a form that the information is ordinarily maintained.

11. If any document requested herein was formerly in Your possession, custody, or

control and has been lost or destroyed or otherwise disposed of, You are requested to submit, in

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lieu of any such Document, a written statement (a) describing in detail the nature of the

Document and its contents, (b) identifying the Person(s) who prepared or authored the

Document, and, if applicable, the Person(s) to whom the Document was sent, (c) specifying the

date on which the Document was prepared or transmitted, and (d) specifying the date on which

the Document was lost or destroyed and, if destroyed, the conditions of and reasons for such

destruction and the Person(s) performing the destruction.

12. Each Request for Production shall be deemed continuing so as to require prompt

supplemental response as new or additional information becomes available to Gardiner, in

accordance with Ohio Rule of Civil Procedure 26(E).

13. The use and definition of terms above is not contingent on the capitalization or

lack of capitalization of those terms. Some terms may be capitalized, including without

limitation at the beginning of a sentence, or not capitalized—regardless, the definitions above

apply.

14. Included is a copy of the Protective Order governing confidential information

entered by the Court in this matter. Should any of the Documents you produce in response to the

Requests below be confidential, sensitive, or otherwise improper for public disclosure, please

designate any such Documents under the appropriate designation in the Protective Order.

DOCUMENTS REQUESTED

REQUEST FOR PRODUCTION NO. 1

All Communications between You and Gardiner from January 1, 2014 to the present
regarding Gardiner’s affiliation with You, Gardiner’s relationship with You, Gardiner’s rights
from or responsibilities to You, Trane, Trane software, including but not limited to Tracer TU,
Gardiner’s relationship with Trane, Gardiner terminating, or potentially terminating, Gardiner’s
relationship with Trane, and/or Trane equipment.

REQUEST FOR PRODUCTION NO. 2:

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All Documents and Communications related to You acquiring an ownership interest in
Gardiner Service Company, LLC or otherwise forming a relationship with Gardiner Service
Company, LLC.

REQUEST FOR PRODUCTION NO. 3

All Documents related to any purchase, acquisition, use, and/or access to any of
Gardiner’s assets by You, including software licenses.

REQUEST FOR PRODUCTION NO. 4

All Documents, including drafts of Documents, related to any contractual obligation
owed by Gardiner to You, including obligations of loyalty, fiduciary duty, product promotion,
revenue sharing, commissions, and service agreements.

REQUEST FOR PRODUCTION NO. 5

Documents sufficient to identify all consideration paid and received in relation to
Gardiner’s affiliation with You, including the agreed-upon dates that consideration would be
paid and received and the dates upon which consideration was actually paid and received.

REQUEST FOR PRODUCTION NO. 6

All Documents and/or Communications regarding or reflecting instructions, advice, or
suggestions provided by You to Gardiner related to Gardiner’s termination of its affiliation with
Trane.

REQUEST FOR PRODUCTION NO, 7

All Documents and/or Communications regarding or reflecting instructions provided by
You to Gardiner related to Gardiner starting and/or forming its relationship with You.

REQUEST FOR PRODUCTION NO. 8

All Documents and/or Communications regarding or reflecting Your contacts and/or
meetings with Gardiner prior to April 30, 2017.

REQUEST FOR PRODUCTION NO. 9

All Documents and Communications related to the facts or events alleged in Trane’s
Amended Complaint in This Litigation, attached hereto as Exhibit B.

REQUEST FOR PRODUCTION NO, 10

All Documents and Communications related to Trane software, including Tracer TU
software, including any analysis of said software (e.g. regarding its functionality, uses, value,
etc.), use by You of such software, access to such software by You, or use by others of such
software on Your behalf.

REQUEST FOR PRODUCTION NO. 11

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Documents evidencing Your document destruction and retention policies.

REQUEST FOR PRODUCTION NO. 12

Documents and Communications related to Your encouragement or awareness of
Gardiner’s acquisition of Tracer TU licenses preceding Gardiner’s termination of its affiliation
with Trane.

REQUEST FOR PRODUCTION NO. 13

Documents and Communications related to Your encouragement or awareness of
Gardiner’s possession and/or use of Tracer TU following Gardiner’s termination of its affiliation
with Trane.

REQUEST FOR PRODUCTION NO. 14

Documents related to any software and/or products that compete with Trane’s Tracer TU
software.

REQUEST FOR PRODUCTION NO. 15

Documents and Communications related to any software that You use, sell, or developed
to perform system analytics on or otherwise service Trane HVAC equipment.

REQUEST FOR PRODUCTION NO. 16

Documents and Communications related to Your actions, if any, taken to identify
potential proprietary, confidential, and/or trade secret information contained in any Trane
software, including Tracer TU.

REQUEST FOR PRODUCTION NO. 17

Documents and Communications related to any efforts by You or awareness of efforts by
others to reverse engineer or copy Trane source code or other proprietary and confidential
information of Trane.

REQUEST FOR PRODUCTION NO. 18

All Documents and/or Communications regarding Your knowledge of the proceedings
and outcome in Trane U.S. Inc. et al. v. William A. Harrison, Inc. et al.. No. 5:20-CV-00084
(E.D. Tex.).

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ATTACHMENT 2 TO SUBPOENA
DEFINITIONS

The following terms, if used herein, shall have the definitions described below:

1. “This Litigation” shall mean civil action number CV 22-972903 (Cuyahoga

County Court of Common Pleas) and 1:22-CV-01875-PAB (N.D. Ohio).

2. “You” or “Your” shall mean Daikin Industries, Ltd. and Daikin Applied Americas,

Inc., along with any of their respective successors, assigns, subsidiaries, affiliates, agents,

employees, representatives, predecessors, attorneys, and all other persons or entities acting on

their behalf.”