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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
SUBPOENA SERVICE RETURN
November 29,2023 14:57
By: JEFFREY R. VAISA 0096010
Confirmation Nbr. 3029090
BRIAN COLL CV 23 983915
vs.
Judge: MICHAEL J. RUSSO
DAVID NIEDERST, ET AL.
Pages Filed: 2
Electronically Filed 11/29/2023 14:57 / SERVICE / CV 23 983915 / Confirmation Nbr. 3029090 / CLTXP
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
BRIAN COLL
Pla intiff/Petitioner no.CV23-983915_________
vs.
DAVID NIEDERST, ET AL.
Defendant/Respondent judge Timothy J. McGinty_____
To _____________________________________________________
Nathaniel Tucker_______________________
Singerman, Mills, Desberg & Kauntz Co., L.P.A.
3333 Richmond Road, Suite 370____________
Cleveland, OH 44122
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 12 of December 2023at'l0i00o'clock A .M. in Courtroom
No. 18-B 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.
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):
PLACE DATE TIME
YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES DATE TIME
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 $6.00 for
each half day's attendance, plus ten cents per mile traveled to and from his place of residence outside of the City of Cleveland proper. Such fees
are taxed as costs.
Samir B. Dahman (0082647) Kohrman Jackson & Krantz LLP, 10 W. Broad Street, #2500, Columbus, OH 43215
ATTORNEY NAME ADDRESS
David Niederstand Stillwater Seven LLC Nov. 27, 2023
REPRESENTING DATE
Cuyahoga County, Clerk of Courts
Clerk
By:
Electronically Filed 11/29/202314:57 / SERVICE / CV 23 983915 / Confirmation Nbr. 3029090 / CLTXP
THE STATE OF OHIO
ss.
Cuyahoga County
Affidavit of Service of Subpoena by Sheriff or Officer, Attorney or Private Person
on the 15th_______ day of November , 20 23â–
I served this Subpoena on the within named:
a 4A a/ / T
as follows:
via hand-delivery to Singerman, MiIls, Desberg & Kauntz Co., LPA
3333 Richmond Road. Suite 370
___ Cleveland, OH 44122 ___________
SHERIFF'S FEES
Service on$
Deputy Sheri
____________________________ Copy__________
Miles Travel Subscribed and sworn to before me, a
Return
This daAof A/71 Ul/'k2-O
$
Witness entitled to miles
RULE 45. RULES OF CIVIL PROCEDURE, PARTS C & D Emily Vals«
Attorney at Law
(C) Protection of persons subject to subpoenas. {1) A party or an attorney responsible (D) Dui ioena to
for the issuance and service of a subpoena shall take reasonable steps to avoid produfe are kept in
imposing undue burden or expense on a person subject to that subpoena. (2}(a) A the usu^l s^r organizei&^^&l^tpjq^rzespond with the
person commanded to produce under divisions (A)(1)(b), (iii), (iv), (v), or (vi) of this categorical person producing documents or electronically stored
rule need not appear in person at the place of production or inspection unless InformatlofrMftiMpt "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 panfe’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 1$ 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 foliowing: (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 resuits materials, the claim shafl be made expressly and shail 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) [f 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. untif the ciaim is resolved.
Revised As Of 10/2018
Electronically Filed 11/29/2023 14:57 / SERVICE / CV 23 983915 / Confirmation Nbr. 3029090 / CLTXP
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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas SUBPOENA SERVICE RETURN November 29,2023 14:57 By: JEFFREY R. VAISA 0096010 Confirmation Nbr. 3029090 BRIAN COLL CV 23 983915 vs. Judge: MICHAEL J. RUSSO DAVID NIEDERST, ET AL. Pages Filed: 2 Electronically Filed 11/29/2023 14:57 / SERVICE / CV 23 983915 / Confirmation Nbr. 3029090 / CLTXP 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 BRIAN COLL Pla intiff/Petitioner no.CV23-983915_________ vs. DAVID NIEDERST, ET AL. Defendant/Respondent judge Timothy J. McGinty_____ To _____________________________________________________ Nathaniel Tucker_______________________ Singerman, Mills, Desberg & Kauntz Co., L.P.A. 3333 Richmond Road, Suite 370____________ Cleveland, OH 44122 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 12 of December 2023at'l0i00o'clock A .M. in Courtroom No. 18-B 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. 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): PLACE DATE TIME YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES DATE TIME 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 $6.00 for each half day's attendance, plus ten cents per mile traveled to and from his place of residence outside of the City of Cleveland proper. Such fees are taxed as costs. Samir B. Dahman (0082647) Kohrman Jackson & Krantz LLP, 10 W. Broad Street, #2500, Columbus, OH 43215 ATTORNEY NAME ADDRESS David Niederstand Stillwater Seven LLC Nov. 27, 2023 REPRESENTING DATE Cuyahoga County, Clerk of Courts Clerk By: Electronically Filed 11/29/202314:57 / SERVICE / CV 23 983915 / Confirmation Nbr. 3029090 / CLTXP THE STATE OF OHIO ss. Cuyahoga County Affidavit of Service of Subpoena by Sheriff or Officer, Attorney or Private Person on the 15th_______ day of November , 20 23■I served this Subpoena on the within named: a 4A a/ / T as follows: via hand-delivery to Singerman, MiIls, Desberg & Kauntz Co., LPA 3333 Richmond Road. Suite 370 ___ Cleveland, OH 44122 ___________ SHERIFF'S FEES Service on$ Deputy Sheri ____________________________ Copy__________ Miles Travel Subscribed and sworn to before me, a Return This daAof A/71 Ul/'k2-O $ Witness entitled to miles RULE 45. RULES OF CIVIL PROCEDURE, PARTS C & D Emily Vals« Attorney at Law (C) Protection of persons subject to subpoenas. {1) A party or an attorney responsible (D) Dui ioena to for the issuance and service of a subpoena shall take reasonable steps to avoid produfe are kept in imposing undue burden or expense on a person subject to that subpoena. (2}(a) A the usu^l s^r organizei&^^&l^tpjq^rzespond with the person commanded to produce under divisions (A)(1)(b), (iii), (iv), (v), or (vi) of this categorical person producing documents or electronically stored rule need not appear in person at the place of production or inspection unless InformatlofrMftiMpt "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 panfe’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 1$ 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 foliowing: (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 resuits materials, the claim shafl be made expressly and shail 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) [f 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. untif the ciaim is resolved. Revised As Of 10/2018 Electronically Filed 11/29/2023 14:57 / SERVICE / CV 23 983915 / Confirmation Nbr. 3029090 / CLTXP