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HAMILTON COUNTY COURT|OF COMMON PLEAS |
Melissa Tuttle, CLERK Clark County, Ohio
FILED
101 N. Limestone St.
| MAR 27 2024!
Springfield, OH'45501
Common Pleas Court
Aerotek Affiliated Services, Inc., et al. Melissa M. Tuttle, Clerk
Praecipe.
Plaintiff,
Case No. 24 S$Pooo7]
VS.
Date
Jobot LIN,
ODOT LLC, etClal.,
al..
Defendant,
TO THE CLERK OF SAID COURT:
Issue: Foreign Subpoena on behalf of
Plaintiffs
Special Instructions: Please issue subpoena on behalf of Plaintiff and contact Charles E.
McKenzie II, The McKenzie Group, P.O. Box 115, Medway, Ohio 45341, to personally
serve subpoena to non-party witness Nick Skafec regarding the above-stated matter
RETURNABLE ACCORDING TO LAW.
1
Olga Savage, Esq.
HUSCH BLACKWELL,
1999 Harison St., Ste. 700,
Oakland, CA 94612
Tel: (816) 983-8000
!
pet COURT OF COMMON PLEAS, AX
rae
Clark County, Ohio
Pag
—_
Aerotek Affiliated Services, Inc., et al. Case No.
Plaintiff, [This subpoena is issued upon application of the
a
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I Plaintiff (Defendant © Prosecution
Jobot LLC, et al. Type of Subpoena: 7
Defendant. C CivilCriminal CX DucesTecum (Grand J
STATE OF OHIO
CLARK COUNTY, SS
To the Plaintiffs of You are hereby commanded to subpoena the person named below.
Name: Nick Skafec Address: 4664 Jeremy Ave, i
City; Springfield T
State Ohio Zip Code 45502 Phone Number
You are hereby commanded to appear before the in the county building located at
in said Clark County, Ohio, on Time: , in Springfield, OH to
testify as a witness in a certain case pending in said court on behalf of the Choose One |
[Attend and give testimony at the trial, hearing, or disposition on the date, time, and at the place specified above!
Attend and produce books, papers, documents, or other objects as specified at a trial or hearing on the date, tim e, , and at the
place specified above.
Description of or other items to be produced:
Please produce records via first-class mail to Nationwide Legal, LLC c/o The McKenzie Group
P.O. Box 115 Medway, OH 45341 (213) 249-9968. Records will be produced under Exhibit "A"
and not depart the court without leave. Failure to comply with this subpoena may result in criminal and civil sanctions. Present this subpoena
to the Clerk of Court upon arrival and before you leave, You may be held in contempt of Court for failure to appear.
Attorney's Contact In: jon: 1
WITNESS my hand and seal of said Court Name: Olga Savage, Esq. |
1999 Harrison St., Ste. 700 i
Melissa M. Tuttle, Clerk Of the Court of Common Pleas Address:
Ww.
0 ide
ELER, City: Oakland, CA Zip Code 94612
Ox
OySS
fy Bar Number: 252009 Date: 3/14/: 2024
eae)
tag Email Olga.Savage@huschblackwell. com.
S Se
RQ Phone: (816) 983-8000 1t
T
RULE45. Subpoena
(©) Protection of persons subject to subpoenas.
(1) A party or an attomey responsible for the issuance and service ofa subpoena shall take reasonable steps to avoid imposing undue burden or
expense on a person subject to that subpoena,
@)(a) A person commanded to produce under divisions (A)(1)(b), (ii), Gv), (¥), or (vi) of this rule need not appear in person at the plage of
production or inspection unless commanded to attend and give testimony at a deposition, hearing, or trial,
(b) Subject to division'(D)(2) of this rule, a person commanded to produce under divisions (A)(1)(b), (iii), Gv), (¥), or (vi) of this rule may, within fourteen
days after service of the subpoena or before the time specified for compliance if such time is less than fourteen days after service, serve upon the|party or
attomey designated injthe subpoena written objections to production. IPobjection is made, the party serving the subpoena shall not be entitled to
production except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena, upon notice
to the person commanded to produce, may move at any time for an order to compel the production. An order to compe! production shall protect any person.
who is not a party or an officer of a party from significant expense resulting from the production commanded.
}) On timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order appearance or production only
under specified conditions, if the subpoena does any of the following:
(a) Fails to allow reasonable time to comply;
(b) Requires disclosure of privileged or otherwise protected matter and no exception or waiver applies;
(©) Requires disclosure of a fact known or opinion held by an expert not retained or specially employed by any party in anticipation of litigation or preparation
for trial as described by Civ.R. 26(B)(5), if the fact or opinion does not describe specific events or occurences in dispute and results from study by that expert
that was not made at the request ofany party; t
(d) Subjects a person to undue burden.
(4) Before filing a motion pursuant to division (C)(3)(d) of this rule, a person resisting discovery under this rule shall attempt to resolve any claim of
undue burden through discussions with the issuing attomey. A motion filed pursuant to division (C)(3)(4) of this rule shall be supported by an affidavit of the
subpoenaed person or a certificate of that person’s attorney of the efforts made to resolve any claim of undue burden.
(5) Ifa motion is made under division (C)(3)(o) or (C)(3)(A) ofthis rut, the court shall quash or modify the subpoena unless 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,
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(D) Duties in responding to subpoena, |i
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(1) A person responding to a subpoena to produce documents shall, at the person's option, produce them as they are kept in the usual course of
business or organized and labeled to correspond with the categories in the subpoena. A person producing documents or electronically stored information
pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the time and place set in the subpoena for inspection and.
copying.
(2) Ifa request does not specify the form or forms for producing electronically stored information, a person responding to a subpoena may produce
the information in a form or forms in which the information is ordinarily maintained if that form is reasonably use able, or in any form that is reasonably use
able. Unless ordered by the court or agreed to by the person subpoenaed, a person responding to a subpoena need not produce the same electronically stored
information in more than one form.
(3) A person need not provide discovery ofelectronically stored information when the production imposes undue burden or expense. On motion to
compel discovery or fora protective order, the person from whom electronically stored information is sought must show that the information is not reasonably
accessible because of undue burden or expense. If a showing of undue burden or expense is made, the court may nonetheless order production of electronically
stored information if the requesting party shows good cause. The court shall consider the factor sin Civ, R. 26(B)(4) when determining if good cause exists. In
ordering production of electronically stored information, the court may specify the format, extent, timing, allocation of expenses and other conditions for the
discovery of the electronically stored information.
(4) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation watetials, 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.
(5) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-{preparation material, the
person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a receiving party must
promptly return, sequester, or destroy the specified information and any copies within the party’s possession, custody or control. A party may nof use or
disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the
claim of privilege or of protection as trial preparation material. If the receiving party disclosed the information before being notified, it must take reasonable
steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. ||
}
(E) Sanctions. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt ofthe court from which
the subpoena issued. A subpoenaed person or that person’s attorney who fiivolously resists discovery under this rule may be required by the court to pay the
reasonable expenses, including reasonable attorney's fees, of the party seeking the discovery. The court fiom which a subpoena was issued may impose upon a
party or attorney in breach of the duty imposed by division (C)(1) of this rule an appropriate sanction, which may include, but is not limited to, lost earnings
and reasonable attomey’s fees.
(F) Privileges. Nothing in this rule shall be construed to authorize a party to obtain information protected by any privilege recognized by law, or ‘0 authorize
any person to disclose such information.
1:
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PEP COURT OF COMMON PLEAS,
roe)
Clark County, Ohio By
—_
Case No.
Plaintiff,
VS. 1|
Defendant, [This subpoena was issued upon application of the:
C Plaintiff Defendant C_ Prosecution
Date of Hearing:
RETURN OF SPRVICE ON SUBPOENA
1 received a Subpoena for > anamed witness for the
Address: City: » State Ohio {
Zip Code Defense Plaintiff Prosecution (circle one), on (Date received) 1
I served the Subpoena on the said witness, and made the following service on (Date of service)
Type of Service:
C Personal C Failure (~ Residential C Email C Attorney ( Certified Mail (~ Process Server ( Sheriff
7
RETURN OF SERVICE FEES
Service and Return:
Mileage:
Other:
Total:
Law Enforcement Officer (Print) Law Enforcement Officer (Signature)
Agency
Date
EXHIBIT A
DEFINITIONS I
Notwithstanding any definition stated below, each word, term, or phrase used in these
i
Requests is intended to have the broadest meaning permitted under the California Rules of Civil
Procedure.
1 The terms “YOU” and “YOUR” refer to NICK SKAFEC.
2 JOBOT, LLC refers to Defendant JOBOT, LLC in the above-entitled action, and
any third party, representative, or agent acting on its behalf, and any related entity operating as a
staffing company or otherwise engaged in the staffing business or industry. i
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3 The term “PLAINTIFFS” refer to Plaintiff AEROTEK AFFILIATED SERVICES,
INC., to Plaintiff AEROTEK, INC., Plaintiff ASTON CARTER, INC., and Plaintiff ACTALENT,
INC. and any employees, officers, representatives, third parties, or agents acting on their behalf.
4 The terms “DOCUMENT” and “DOCUMENTS?” shall have the meaning employed
in California Evidence Code section 250, and also includes, without limitation: any written,
recorded, filmed, or graphic matter, whether produced or reproduced on paper, cards, tapes, film,
electronic media, facsimile, computer storage device, or any other media; including, without
limitation memoranda, notes, electronic mail (“e-mail”), minutes, records, employment files, case
files, pleadings, photographs, slides, correspondence, telegrams, diaries, bookkeeping entries,
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financial statements, tax returns, checks, check stubs, reports, studies, charts, graphs, blueprints,
drawings, statements, notebooks, handwritten notes, applications, agreements, books, pamphlets,
periodicals, appointment calendars, notes, records and recordings of oral conversations, and work
papers| and also including, without limitations, originals, drafts, and all copies that are different in
{
I
,
any way from the original whether by interlineation, receipt stamp, notation, indication of copi es
I 1
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sent or received, or otherwise. |
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\
5, The term “COMMUNICATION(S)” means any transfer of information, ideas,
i
opinions or thoughts by any means, written, electronically, orally or otherwise, at any time or place
under any circumstances and is not limited to transfers between persons and/or entities but includés
other transfers, such as e-mails, instant messages, records and memoranda to file, any written letter,
memorandum, or other document which was sent by one or more individuals and/or entities to
another or others; any DOCUMENT memorializing or reflecting a telephone call between one or
more individual and another or others; and any DOCUMENT memorializing a conversation or
meeting between one or more individuals and another in YOUR current possession, custody, or
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control, including without limitation, those COMMUNICATIONS maintained on YOUR person a 1
devices.
6 The terms “TRADE SECRET” or “TRADE SECRETS” refers to any and all
information identified by PLAINTIFFS in their trade secret identification pursuant to Section
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2019.210 of the Code of Civil Procedure enclosed herein.
7. The term “REFERRING TO” means constituting, containing, consisting of
comprising, embodying, summarizing, mentioning, memorializing, discussing, showing,
supporting or describing.
‘8. The term “ALL” means “any and all” and “each and every.”
9 “And” or “or” as used herein shall be construed both conjunctively and
disjunctively and shall include the other whenever such construction will serve to bring within the
scope 7 these requests any information that would otherwise not be brought within their scope.
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10. The singular shall, as used herein, shall include the plural, and the masculine shall
include the feminine gender and neutral.
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INSTRUCTIONS |
1 Each of these Requests shall be construed independently and shall not be limited
by any other Request, except those documents responsive to more than one Request need be
produced only once.
i
2 If, in answering these Requests, You claim that any Request (or a definition or
instruction applicable thereto) is ambiguous, do not use such a claim as a basis for refusing to
respond, but rather respond and set forth as part of the response the language you claim is
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ambiguous and the interpretation you have used to respond to the individual Request. :
3. If, in answering these Requests, You object to any part of a Request, each part of
!
said Request shall be treated separately. If an objection is made to part of a Request, the Request
shall be answered to the extent that it is not objectionable.
4 The use of the singular form of any word includes the plural and vice versa.
5 The term “and” as well as “ shall be read in the disjunctive, conjunctive, or both,
as the case may be, consistent with an interpretation that results in the more extensive document
production.
6 The use of a verb in any tense shall be construed as the use of the verb in all other
tenses. ,
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|| REQUESTS FOR PRODUCTION
1 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS
by text, email, LinkedIn, instant messaging or social media) between YOU and JOBOT, LLC
1
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(including without limitation any of JOBOT, LLC’s employees or officers) at any time before
YOU began working for JOBOT, LLC, including those REFERRING TO: YOUR recruitment,
hiring processes, YOUR potential employment, employment opportunities, what it is like working
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at Ji OBOT, LLC, compensation and bonus packages.
2 ALL DOCUMENTS YOU provided to JOBOT, LLC (including without limitation
any of JOBOT, LLC’s employees or officers) at any time before YOU began working for JOBOT,
LLC including those reflecting any applications, cover letters, resumes, and written
COMMUNICATIONS, YOU submitted to obtain employment with JOBOT, LLC.
3 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS
by text, email, LinkedIn, instant messaging or social media) between YOU and JOBOT, LLC
(including without limitation any of JOBOT, LLC’s employees or officers) at any time after YOU
stopped working for JOBOT, LLC, including those REFERRING TO: the LAWSUIT.
4 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS
by text, email, LinkedIn, instant messaging or social media) between YOU and MORGAN,
LEWIS & BOCKIUS LLP, including those REFERRING TO: the LAWSUIT.
5. ALL DOCUMENTS sufficient to show YOUR cell phone provider(s) and cell
phone number(s), including without limitation your personal cell phone numbers and work cell
phone numbers, utilized six (6) months prior to YOUR employment at JOBOT, LLC and during
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YOUR employment at JOBOT, LLC until the present.
6 ALL COMMUNICATIONS in YOUR possession, custody, or control between
YOU dnd any person or entity that YOU knew to be a client of PLAINTIFFS at the time of th ie
COMMUNICATION, including without limitation, COMMUNICATIONS referring fo
recruitment or solicitation of persons or entities.
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7 ALL COMMUNICATIONS in YOUR possession, custody, or control between
YOU and any person or entity for whom YOU performed services while employed with
PLAINTIFFS. I
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8 ALL DOCUMENTS belonging to PLAINTIFFS in YOUR possession, custody, or
control. '
9 ALL DOCUMENTS obtained by YOU through YOUR work with PLAINTIFFS?
any person or entity that YOU knew to be a client of PLAINTIFFS. i
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} 0. ALL DOCUMENTS containing or REFERRING TO PLAINTIFFS’ TRADE
SECRETS provided to JOBOT, LLC (including without limitation any of JOBOT, LLC’s
employees or officers) by YOU.
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SUBP-010
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY |
Tyker M. Paetkau (SBN 146305), Olga Savage (SBN 262009) Husch Blackwell, ligg9
Harrison St., Suite 700, Oakland, CA 94612; William E. Corum (PHV), Megan A.:
Scheiderer (PHV) Husch Blackwell, 4801 Main Street Ste 1000, Kansas City, MO 46112
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TELEPHONENO. 816.983.8000 FAXNO.: 816-983-8080
E-MAILADDRESS: Olga.Savage@huschblackwell.com
ATTORNEY FOR (Name): Plaintiffs Aerotek Affiliated Services, Inc. et al
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
‘STREET ADDRESS: 751 West Santa Ana Blvd
MAILING ADDRESS:
lcity ao zip cove: Santa Ana, CA 92701
BRANCH Name: Civil Complex Center
PLAINTIFF/ PETITIONER: Aerotek Affiliated Services, Inc. et al.
DEFENDANT/ RESPONDENT: Jobot LLC, et al.
CASE NUMBER:
DEPOSITION SUBPOENA 30-2022-01281583-CU-BT-CXC
FOR PRODUCTION OF BUSINESS RECORDS
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known).
Nick Skafec - 4664 Jeremy Ave, Springfield, OH 4550:
4 YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows
To (name of deposition officer): Nationwide Legal, LLC c/o The Mckenzie Group
On (date) : April 15, 2024 At (time): 10:00 am
Location (address): P.O. Box 115 Medway, OH 45341 (213) 249-9968
Do not release the requested records to the deposition officer prior to the date and time stated above.
a. [3] by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed inner
wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner
wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the
address in item 1
b. [__] by delivering a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the
witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as
determined under Evidence Code section 1563(b).
c. [J by making the original business records described in item 3 available for inspection at your business address by the
attotney's representative and permitting copying at your business address under reasonable conditions during|normal
business hours.
The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the
deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them
1
available or copying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records shall be
accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561
The records to be produced are described as follows (if electronically stored information is demanded, the form or
forms in which each type of information is to be produced may be specified).
See Exhibit A
[G_] Continued on Attachment 3.
IF YOU HAVE;BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR. EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS,
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE'LIABLE
FOR THE/SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE-TO OBEY.
Date issued: March 14, 2024
Olga Savage | > /S/ Olga Savage
(TYPE OR PRINT NAME) (SIGNATURE 9F PERSON ISSUING. SUBPOE)
Attorney for Plaintiffs
TITLEY 1
(Proof of service on reverse) | Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure, §§ 2020.410-2020.440;
‘Judicial Council of Califomia DEPOSITION SUBPOENA FOR PRODUCTION ‘Government Code, § 68087.1
‘SUBP-010 (Rev, January 1, 2012] OF BUSINESS RECORDS www.courts.ca.gov
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suBP-01 Q
PLAINTIFF/PETITIONER: Aerotek Affiliated Services, Inc. et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Jobot LLC, et al. 30-2022-01281583-CU-BT-CXC
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PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR |}
PRODUCTION OF BUSINESS RECORDS
1. [served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person ser red
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as follows: i ||
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a, Person served (name): ii
b. Address where served:
Date of delivery:
Time of delivery:
(1) [] Witness fees were paid.
Amount:
(2) [_] Copying fees were paid.
Amount:
f. Fee for service:
| received this ‘subpoena for service on (date):
Person serving:
a. |. [_] Nota registered California process server.
b. . [J California sheriff or marshal.
©. - [__] Registered California process server.
d. |. [] Employee or independent contractor of a registered California process server.
e. [__] Exempt from registration under Business and Professions Code section 22350(b).
f. [1 Registered professional photocopier.
9, . [] Exempt from registration under Business and Professions Code section 22451.
h. Name, address, telephone number, and, if applicable, county of registration and number:
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| declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)
California that the foregoing is true and correct. I certify that the foregoing is true and correct.
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Date: Date:
> > (SIGNATURE)
(SIGNATURE)
‘SUBP.010 [Rev. January 1, 2012} DEPOSITION SUBPOENA FOR PRODUCTION Page 2 of 2
OF BUSINESS RECORDS
EXHIBIT A
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DEFINITIONS
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4
Notwithstanding any definition stated below, each word, term, or phrase used in these '
|
Requests is intended to have the broadest meaning permitted under the California Rules of Civil
Procedure.
1 The terms “YOU” and “YOUR?” refer to NICK SKAFEC.
2 JOBOT, LLC refers to Defendant JOBOT, LLC in the above-entitled action, and
any third party, representative, or agent acting on its behalf, and any related entity operating as a
1
staffing company or otherwise engaged in the staffing business or industry.
3 The term “PLAINTIFFS” refer to Plaintiff AEROTEK AFFILIATED SERVICES,
INC., to Plaintiff AEROTEK, INC., Plaintiff ASTON CARTER, INC., and Plaintiff ACTALENT,
INC. and any employees, officers, representatives, third parties, or agents acting on their behalf.
4 The terms “DOCUMENT” and “DOCUMENTS” shall have the meaning employed
in California Evidence Code section 250, and also includes, without limitation: any written,
1
recorded, filmed, or graphic matter, whether produced or reproduced on paper, cards, tapes, film,
electronic media, facsimile, computer storage device, or any other media; including, without
limitation memoranda, notes, electronic mail (“e-mail”), minutes, records, employment files, 7
files, pleadings, photographs, slides, correspondence, telegrams, diaries, bookkeeping entries,
financial statements, tax returns, checks, check stubs, reports, studies, charts, graphs, blueprints,
drawings, statements, notebooks, handwritten notes, applications, agreements, books, pamphlets,
Periodicals, appointment calendars, notes, records and recordings of oral conversations, and work
papers, and also including, without limitations, originals, drafts, and all copies that are differenti
1
1
any way from the original whether by interlineation, receipt stamp, notation, indication of copies
1
sent or received, or otherwise.
1
5 The term “COMMUNICATION(S)” means any transfer of information, ideas,
|
opinions or thoughts by any means, written, electronically, orally or otherwise, at any time or place
under any circumstances and is not limited to transfers between persons and/or entities but includes
other transfers, such as e-mails, instant messages, records and memoranda to file, any written letter,
memorandum, or other document which was sent by one or more individuals and/or entities io
another or others; ary DOCUMENT memorializing or reflecting a telephone call between one or
more individual and another or others; and any DOCUMENT memorializing a conversation or
i
meeting between one or more individuals and another in YOUR current possession, custody, or
control, including without limitation, those COMMUNICATIONS maintained on YOUR personal
devices.
6 The terms “TRADE SECRET” or “TRADE SECRETS” refers to any and all
information identified by PLAINTIFFS in their trade secret identification pursuant to Section
2019.2 10 of the Code of Civil Procedure enclosed herein.
b. The term “REFERRING TO” means constituting, containing, consisting of
comprising, embodying, summarizing, mentioning, memorializing, discussing, showing,
supporting or describing.
8 The term “ALL” means “any and all” and “each and every.”
1
9 “And” or “or” as used herein shall be construed both conjunctively and
disjunctively and shall include the other whenever such construction will serve to bring within the
11
scope of these requests any information that would otherwise not be brought within their scope,
1
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}
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10. The singular shall, as used herein, shall include the plural, and the masculine shall
include the feminine gender and neutral.
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INSTRUCTIONS
1 Each of these Requests shall be construed independently and shall not be limited
:
by any other Request, except those documents responsive to more than one Request need be
i
|
produced only once.
|
2. If, in answering these Requests, You claim that any Request (or a definition or
instruction applicable thereto) is ambiguous, do not use such a claim as a basis for refusing to
respond, but rather respond and set forth as part of the response the language you claim jis
ambiguous and the interpretation you have used to respond to the individual Request.
3 If, in answering these Requests, You object to any part of a Request, each part of
said Request shall be treated separately. If an objection is made to part of a Request, the Request
shall be answered to the extent that it is not objectionable.
i4, The use of the singular form of any word includes the plural and vice versa.
The term “and” as well as “or” shall be read in the disjunctive, conjunctive, or both,
as the case may be, consistent with an interpretation that results in the more extensive document
production.
6 The use of a verb in any tense shall be construed as the use of the verb in all other
tenses.
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REQUESTS FOR PRODUCTION |
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:1
ALL COMMUNICATIONS (including without limitation COMMUNICATIONS
i
by text, email, LinkedIn, instant messaging or social media) between YOU and JOBOT, Luc
i
i1
|1
(including without limitation any of JOBOT, LLC’s employees or officers) at any time before
YOU began working for JOBOT, LLC, including those REFERRING TO: YOUR recruitme: I
hiring processes, YOUR potential employment, employment opportunities, what it is like working
at JOBOT, LLC, compensation and bonus packages.
!
2. ALL DOCUMENTS YOU provided to JOBOT, LLC (including without limitation
any of JOBOT, LLC’s employees or officers) at any time before YOU began working for JOBOT,
LLC including those reflecting any applications, cover letters, resumes, and written
1
COMMUNICATIONS, YOU submitted to obtain employment with JOBOT, LLC. 1
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3 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS
by text) email, LinkedIn, instant messaging or social media) between YOU and JOBOT, LL!
Gncluding without limitation any of JOBOT, LLC’s employees or officers) at any time after Y' OU
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stopped working for JOBOT, LLC, including those REFERRING TO: the LAWSUIT.
4 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS
by text, email, LinkedIn, instant messaging or social media) between YOU and MORGAD >
LEWIS & BOCKIUS LLP, including those REFERRING TO: the LAWSUIT.
5 ALL DOCUMENTS sufficient to show YOUR cell phone provider(s) and cell
phone number(s), including without limitation your personal cell phone numbers and work cell
phone numbers, utilized six (6) months prior to YOUR employment at JOBOT, LLC and during
YOUR employment at JOBOT, LLC until the present.
6 ALL COMMUNICATIONS in YOUR possession, custody, or control between
YOU and any person or entity that YOU knew to be a client of PLAINTIFFS at the time of tf eC
COMMUNICATION, including without limitation, COMMUNICATIONS referring to
recruitment or solicitation of persons or entities.
7. ALL COMMUNICATIONS in YOUR possession, custody, or control between
YOU and any person or entity for whom YOU performed services while employed with
PLAINTIFES.
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8 ALL DOCUMENTS belonging to PLAINTIFFS in YOUR possession, custody, br
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control.
9. ALL DOCUMENTS obtained by YOU through YOUR work with PLAINTIFFS
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any person or entity that YOU knew to be a client of PLAINTIFFS. |
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10. ALL DOCUMENTS containing or REFERRING
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HAMILTON COUNTY COURT|OF COMMON PLEAS | Melissa Tuttle, CLERK Clark County, Ohio FILED 101 N. Limestone St. | MAR 27 2024! Springfield, OH'45501 Common Pleas Court Aerotek Affiliated Services, Inc., et al. Melissa M. Tuttle, Clerk Praecipe. Plaintiff, Case No. 24 S$Pooo7] VS. Date Jobot LIN, ODOT LLC, etClal., al.. Defendant, TO THE CLERK OF SAID COURT: Issue: Foreign Subpoena on behalf of Plaintiffs Special Instructions: Please issue subpoena on behalf of Plaintiff and contact Charles E. McKenzie II, The McKenzie Group, P.O. Box 115, Medway, Ohio 45341, to personally serve subpoena to non-party witness Nick Skafec regarding the above-stated matter RETURNABLE ACCORDING TO LAW. 1 Olga Savage, Esq. HUSCH BLACKWELL, 1999 Harison St., Ste. 700, Oakland, CA 94612 Tel: (816) 983-8000 ! pet COURT OF COMMON PLEAS, AX rae Clark County, Ohio Pag —_ Aerotek Affiliated Services, Inc., et al. Case No. Plaintiff, [This subpoena is issued upon application of the a | | I Plaintiff (Defendant © Prosecution Jobot LLC, et al. Type of Subpoena: 7 Defendant. C CivilCriminal CX DucesTecum (Grand J STATE OF OHIO CLARK COUNTY, SS To the Plaintiffs of You are hereby commanded to subpoena the person named below. Name: Nick Skafec Address: 4664 Jeremy Ave, i City; Springfield T State Ohio Zip Code 45502 Phone Number You are hereby commanded to appear before the in the county building located at in said Clark County, Ohio, on Time: , in Springfield, OH to testify as a witness in a certain case pending in said court on behalf of the Choose One | [Attend and give testimony at the trial, hearing, or disposition on the date, time, and at the place specified above! Attend and produce books, papers, documents, or other objects as specified at a trial or hearing on the date, tim e, , and at the place specified above. Description of or other items to be produced: Please produce records via first-class mail to Nationwide Legal, LLC c/o The McKenzie Group P.O. Box 115 Medway, OH 45341 (213) 249-9968. Records will be produced under Exhibit "A" and not depart the court without leave. Failure to comply with this subpoena may result in criminal and civil sanctions. Present this subpoena to the Clerk of Court upon arrival and before you leave, You may be held in contempt of Court for failure to appear. Attorney's Contact In: jon: 1 WITNESS my hand and seal of said Court Name: Olga Savage, Esq. | 1999 Harrison St., Ste. 700 i Melissa M. Tuttle, Clerk Of the Court of Common Pleas Address: Ww. 0 ide ELER, City: Oakland, CA Zip Code 94612 Ox OySS fy Bar Number: 252009 Date: 3/14/: 2024 eae) tag Email Olga.Savage@huschblackwell. com. S Se RQ Phone: (816) 983-8000 1t T RULE45. Subpoena (©) Protection of persons subject to subpoenas. (1) A party or an attomey responsible for the issuance and service ofa subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena, @)(a) A person commanded to produce under divisions (A)(1)(b), (ii), Gv), (¥), or (vi) of this rule need not appear in person at the plage of production or inspection unless commanded to attend and give testimony at a deposition, hearing, or trial, (b) Subject to division'(D)(2) of this rule, a person commanded to produce under divisions (A)(1)(b), (iii), Gv), (¥), or (vi) of this rule may, within fourteen days after service of the subpoena or before the time specified for compliance if such time is less than fourteen days after service, serve upon the|party or attomey designated injthe subpoena written objections to production. IPobjection is made, the party serving the subpoena shall not be entitled to production except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena, upon notice to the person commanded to produce, may move at any time for an order to compel the production. An order to compe! production shall protect any person. who is not a party or an officer of a party from significant expense resulting from the production commanded. }) On timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order appearance or production only under specified conditions, if the subpoena does any of the following: (a) Fails to allow reasonable time to comply; (b) Requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; (©) Requires disclosure of a fact known or opinion held by an expert not retained or specially employed by any party in anticipation of litigation or preparation for trial as described by Civ.R. 26(B)(5), if the fact or opinion does not describe specific events or occurences in dispute and results from study by that expert that was not made at the request ofany party; t (d) Subjects a person to undue burden. (4) Before filing a motion pursuant to division (C)(3)(d) of this rule, a person resisting discovery under this rule shall attempt to resolve any claim of undue burden through discussions with the issuing attomey. A motion filed pursuant to division (C)(3)(4) of this rule shall be supported by an affidavit of the subpoenaed person or a certificate of that person’s attorney of the efforts made to resolve any claim of undue burden. (5) Ifa motion is made under division (C)(3)(o) or (C)(3)(A) ofthis rut, the court shall quash or modify the subpoena unless 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, | (D) Duties in responding to subpoena, |i 1 (1) A person responding to a subpoena to produce documents shall, at the person's option, produce them as they are kept in the usual course of business or organized and labeled to correspond with the categories in the subpoena. A person producing documents or electronically stored information pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the time and place set in the subpoena for inspection and. copying. (2) Ifa request does not specify the form or forms for producing electronically stored information, a person responding to a subpoena may produce the information in a form or forms in which the information is ordinarily maintained if that form is reasonably use able, or in any form that is reasonably use able. Unless ordered by the court or agreed to by the person subpoenaed, a person responding to a subpoena need not produce the same electronically stored information in more than one form. (3) A person need not provide discovery ofelectronically stored information when the production imposes undue burden or expense. On motion to compel discovery or fora protective order, the person from whom electronically stored information is sought must show that the information is not reasonably accessible because of undue burden or expense. If a showing of undue burden or expense is made, the court may nonetheless order production of electronically stored information if the requesting party shows good cause. The court shall consider the factor sin Civ, R. 26(B)(4) when determining if good cause exists. In ordering production of electronically stored information, the court may specify the format, extent, timing, allocation of expenses and other conditions for the discovery of the electronically stored information. (4) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation watetials, 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. (5) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-{preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a receiving party must promptly return, sequester, or destroy the specified information and any copies within the party’s possession, custody or control. A party may nof use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim of privilege or of protection as trial preparation material. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. || } (E) Sanctions. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt ofthe court from which the subpoena issued. A subpoenaed person or that person’s attorney who fiivolously resists discovery under this rule may be required by the court to pay the reasonable expenses, including reasonable attorney's fees, of the party seeking the discovery. The court fiom which a subpoena was issued may impose upon a party or attorney in breach of the duty imposed by division (C)(1) of this rule an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attomey’s fees. (F) Privileges. Nothing in this rule shall be construed to authorize a party to obtain information protected by any privilege recognized by law, or ‘0 authorize any person to disclose such information. 1: 11 | PEP COURT OF COMMON PLEAS, roe) Clark County, Ohio By —_ Case No. Plaintiff, VS. 1| Defendant, [This subpoena was issued upon application of the: C Plaintiff Defendant C_ Prosecution Date of Hearing: RETURN OF SPRVICE ON SUBPOENA 1 received a Subpoena for > anamed witness for the Address: City: » State Ohio { Zip Code Defense Plaintiff Prosecution (circle one), on (Date received) 1 I served the Subpoena on the said witness, and made the following service on (Date of service) Type of Service: C Personal C Failure (~ Residential C Email C Attorney ( Certified Mail (~ Process Server ( Sheriff 7 RETURN OF SERVICE FEES Service and Return: Mileage: Other: Total: Law Enforcement Officer (Print) Law Enforcement Officer (Signature) Agency Date EXHIBIT A DEFINITIONS I Notwithstanding any definition stated below, each word, term, or phrase used in these i Requests is intended to have the broadest meaning permitted under the California Rules of Civil Procedure. 1 The terms “YOU” and “YOUR” refer to NICK SKAFEC. 2 JOBOT, LLC refers to Defendant JOBOT, LLC in the above-entitled action, and any third party, representative, or agent acting on its behalf, and any related entity operating as a staffing company or otherwise engaged in the staffing business or industry. i | 3 The term “PLAINTIFFS” refer to Plaintiff AEROTEK AFFILIATED SERVICES, INC., to Plaintiff AEROTEK, INC., Plaintiff ASTON CARTER, INC., and Plaintiff ACTALENT, INC. and any employees, officers, representatives, third parties, or agents acting on their behalf. 4 The terms “DOCUMENT” and “DOCUMENTS?” shall have the meaning employed in California Evidence Code section 250, and also includes, without limitation: any written, recorded, filmed, or graphic matter, whether produced or reproduced on paper, cards, tapes, film, electronic media, facsimile, computer storage device, or any other media; including, without limitation memoranda, notes, electronic mail (“e-mail”), minutes, records, employment files, case files, pleadings, photographs, slides, correspondence, telegrams, diaries, bookkeeping entries, | financial statements, tax returns, checks, check stubs, reports, studies, charts, graphs, blueprints, drawings, statements, notebooks, handwritten notes, applications, agreements, books, pamphlets, periodicals, appointment calendars, notes, records and recordings of oral conversations, and work papers| and also including, without limitations, originals, drafts, and all copies that are different in { I , any way from the original whether by interlineation, receipt stamp, notation, indication of copi es I 1 | sent or received, or otherwise. | | \ 5, The term “COMMUNICATION(S)” means any transfer of information, ideas, i opinions or thoughts by any means, written, electronically, orally or otherwise, at any time or place under any circumstances and is not limited to transfers between persons and/or entities but includés other transfers, such as e-mails, instant messages, records and memoranda to file, any written letter, memorandum, or other document which was sent by one or more individuals and/or entities to another or others; any DOCUMENT memorializing or reflecting a telephone call between one or more individual and another or others; and any DOCUMENT memorializing a conversation or meeting between one or more individuals and another in YOUR current possession, custody, or | control, including without limitation, those COMMUNICATIONS maintained on YOUR person a 1 devices. 6 The terms “TRADE SECRET” or “TRADE SECRETS” refers to any and all information identified by PLAINTIFFS in their trade secret identification pursuant to Section | 2019.210 of the Code of Civil Procedure enclosed herein. 7. The term “REFERRING TO” means constituting, containing, consisting of comprising, embodying, summarizing, mentioning, memorializing, discussing, showing, supporting or describing. ‘8. The term “ALL” means “any and all” and “each and every.” 9 “And” or “or” as used herein shall be construed both conjunctively and disjunctively and shall include the other whenever such construction will serve to bring within the scope 7 these requests any information that would otherwise not be brought within their scope. | i 1 10. The singular shall, as used herein, shall include the plural, and the masculine shall include the feminine gender and neutral. ' t | INSTRUCTIONS | 1 Each of these Requests shall be construed independently and shall not be limited by any other Request, except those documents responsive to more than one Request need be produced only once. i 2 If, in answering these Requests, You claim that any Request (or a definition or instruction applicable thereto) is ambiguous, do not use such a claim as a basis for refusing to respond, but rather respond and set forth as part of the response the language you claim is i| ambiguous and the interpretation you have used to respond to the individual Request. : 3. If, in answering these Requests, You object to any part of a Request, each part of ! said Request shall be treated separately. If an objection is made to part of a Request, the Request shall be answered to the extent that it is not objectionable. 4 The use of the singular form of any word includes the plural and vice versa. 5 The term “and” as well as “ shall be read in the disjunctive, conjunctive, or both, as the case may be, consistent with an interpretation that results in the more extensive document production. 6 The use of a verb in any tense shall be construed as the use of the verb in all other tenses. , | || REQUESTS FOR PRODUCTION 1 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS by text, email, LinkedIn, instant messaging or social media) between YOU and JOBOT, LLC 1 i (including without limitation any of JOBOT, LLC’s employees or officers) at any time before YOU began working for JOBOT, LLC, including those REFERRING TO: YOUR recruitment, hiring processes, YOUR potential employment, employment opportunities, what it is like working | | at Ji OBOT, LLC, compensation and bonus packages. 2 ALL DOCUMENTS YOU provided to JOBOT, LLC (including without limitation any of JOBOT, LLC’s employees or officers) at any time before YOU began working for JOBOT, LLC including those reflecting any applications, cover letters, resumes, and written COMMUNICATIONS, YOU submitted to obtain employment with JOBOT, LLC. 3 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS by text, email, LinkedIn, instant messaging or social media) between YOU and JOBOT, LLC (including without limitation any of JOBOT, LLC’s employees or officers) at any time after YOU stopped working for JOBOT, LLC, including those REFERRING TO: the LAWSUIT. 4 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS by text, email, LinkedIn, instant messaging or social media) between YOU and MORGAN, LEWIS & BOCKIUS LLP, including those REFERRING TO: the LAWSUIT. 5. ALL DOCUMENTS sufficient to show YOUR cell phone provider(s) and cell phone number(s), including without limitation your personal cell phone numbers and work cell phone numbers, utilized six (6) months prior to YOUR employment at JOBOT, LLC and during | YOUR employment at JOBOT, LLC until the present. 6 ALL COMMUNICATIONS in YOUR possession, custody, or control between YOU dnd any person or entity that YOU knew to be a client of PLAINTIFFS at the time of th ie COMMUNICATION, including without limitation, COMMUNICATIONS referring fo recruitment or solicitation of persons or entities. | || 7 ALL COMMUNICATIONS in YOUR possession, custody, or control between YOU and any person or entity for whom YOU performed services while employed with PLAINTIFFS. I 1 8 ALL DOCUMENTS belonging to PLAINTIFFS in YOUR possession, custody, or control. ' 9 ALL DOCUMENTS obtained by YOU through YOUR work with PLAINTIFFS? any person or entity that YOU knew to be a client of PLAINTIFFS. i 1 | } 0. ALL DOCUMENTS containing or REFERRING TO PLAINTIFFS’ TRADE SECRETS provided to JOBOT, LLC (including without limitation any of JOBOT, LLC’s employees or officers) by YOU. i1 ' | SUBP-010 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY | Tyker M. Paetkau (SBN 146305), Olga Savage (SBN 262009) Husch Blackwell, ligg9 Harrison St., Suite 700, Oakland, CA 94612; William E. Corum (PHV), Megan A.: Scheiderer (PHV) Husch Blackwell, 4801 Main Street Ste 1000, Kansas City, MO 46112 | TELEPHONENO. 816.983.8000 FAXNO.: 816-983-8080 E-MAILADDRESS: Olga.Savage@huschblackwell.com ATTORNEY FOR (Name): Plaintiffs Aerotek Affiliated Services, Inc. et al SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE ‘STREET ADDRESS: 751 West Santa Ana Blvd MAILING ADDRESS: lcity ao zip cove: Santa Ana, CA 92701 BRANCH Name: Civil Complex Center PLAINTIFF/ PETITIONER: Aerotek Affiliated Services, Inc. et al. DEFENDANT/ RESPONDENT: Jobot LLC, et al. CASE NUMBER: DEPOSITION SUBPOENA 30-2022-01281583-CU-BT-CXC FOR PRODUCTION OF BUSINESS RECORDS THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known). Nick Skafec - 4664 Jeremy Ave, Springfield, OH 4550: 4 YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows To (name of deposition officer): Nationwide Legal, LLC c/o The Mckenzie Group On (date) : April 15, 2024 At (time): 10:00 am Location (address): P.O. Box 115 Medway, OH 45341 (213) 249-9968 Do not release the requested records to the deposition officer prior to the date and time stated above. a. [3] by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1 b. [__] by delivering a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). c. [J by making the original business records described in item 3 available for inspection at your business address by the attotney's representative and permitting copying at your business address under reasonable conditions during|normal business hours. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them 1 available or copying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561 The records to be produced are described as follows (if electronically stored information is demanded, the form or forms in which each type of information is to be produced may be specified). See Exhibit A [G_] Continued on Attachment 3. IF YOU HAVE;BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR. EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS, DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE'LIABLE FOR THE/SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE-TO OBEY. Date issued: March 14, 2024 Olga Savage | > /S/ Olga Savage (TYPE OR PRINT NAME) (SIGNATURE 9F PERSON ISSUING. SUBPOE) Attorney for Plaintiffs TITLEY 1 (Proof of service on reverse) | Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, §§ 2020.410-2020.440; ‘Judicial Council of Califomia DEPOSITION SUBPOENA FOR PRODUCTION ‘Government Code, § 68087.1 ‘SUBP-010 (Rev, January 1, 2012] OF BUSINESS RECORDS www.courts.ca.gov |1 , | suBP-01 Q PLAINTIFF/PETITIONER: Aerotek Affiliated Services, Inc. et al. CASE NUMBER: DEFENDANT/RESPONDENT: Jobot LLC, et al. 30-2022-01281583-CU-BT-CXC | PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR |} PRODUCTION OF BUSINESS RECORDS 1. [served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person ser red | as follows: i || | a, Person served (name): ii b. Address where served: Date of delivery: Time of delivery: (1) [] Witness fees were paid. Amount: (2) [_] Copying fees were paid. Amount: f. Fee for service: | received this ‘subpoena for service on (date): Person serving: a. |. [_] Nota registered California process server. b. . [J California sheriff or marshal. ©. - [__] Registered California process server. d. |. [] Employee or independent contractor of a registered California process server. e. [__] Exempt from registration under Business and Professions Code section 22350(b). f. [1 Registered professional photocopier. 9, . [] Exempt from registration under Business and Professions Code section 22451. h. Name, address, telephone number, and, if applicable, county of registration and number: | 1 t | declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. I certify that the foregoing is true and correct. |1 Date: Date: > > (SIGNATURE) (SIGNATURE) ‘SUBP.010 [Rev. January 1, 2012} DEPOSITION SUBPOENA FOR PRODUCTION Page 2 of 2 OF BUSINESS RECORDS EXHIBIT A | DEFINITIONS | 4 Notwithstanding any definition stated below, each word, term, or phrase used in these ' | Requests is intended to have the broadest meaning permitted under the California Rules of Civil Procedure. 1 The terms “YOU” and “YOUR?” refer to NICK SKAFEC. 2 JOBOT, LLC refers to Defendant JOBOT, LLC in the above-entitled action, and any third party, representative, or agent acting on its behalf, and any related entity operating as a 1 staffing company or otherwise engaged in the staffing business or industry. 3 The term “PLAINTIFFS” refer to Plaintiff AEROTEK AFFILIATED SERVICES, INC., to Plaintiff AEROTEK, INC., Plaintiff ASTON CARTER, INC., and Plaintiff ACTALENT, INC. and any employees, officers, representatives, third parties, or agents acting on their behalf. 4 The terms “DOCUMENT” and “DOCUMENTS” shall have the meaning employed in California Evidence Code section 250, and also includes, without limitation: any written, 1 recorded, filmed, or graphic matter, whether produced or reproduced on paper, cards, tapes, film, electronic media, facsimile, computer storage device, or any other media; including, without limitation memoranda, notes, electronic mail (“e-mail”), minutes, records, employment files, 7 files, pleadings, photographs, slides, correspondence, telegrams, diaries, bookkeeping entries, financial statements, tax returns, checks, check stubs, reports, studies, charts, graphs, blueprints, drawings, statements, notebooks, handwritten notes, applications, agreements, books, pamphlets, Periodicals, appointment calendars, notes, records and recordings of oral conversations, and work papers, and also including, without limitations, originals, drafts, and all copies that are differenti 1 1 any way from the original whether by interlineation, receipt stamp, notation, indication of copies 1 sent or received, or otherwise. 1 5 The term “COMMUNICATION(S)” means any transfer of information, ideas, | opinions or thoughts by any means, written, electronically, orally or otherwise, at any time or place under any circumstances and is not limited to transfers between persons and/or entities but includes other transfers, such as e-mails, instant messages, records and memoranda to file, any written letter, memorandum, or other document which was sent by one or more individuals and/or entities io another or others; ary DOCUMENT memorializing or reflecting a telephone call between one or more individual and another or others; and any DOCUMENT memorializing a conversation or i meeting between one or more individuals and another in YOUR current possession, custody, or control, including without limitation, those COMMUNICATIONS maintained on YOUR personal devices. 6 The terms “TRADE SECRET” or “TRADE SECRETS” refers to any and all information identified by PLAINTIFFS in their trade secret identification pursuant to Section 2019.2 10 of the Code of Civil Procedure enclosed herein. b. The term “REFERRING TO” means constituting, containing, consisting of comprising, embodying, summarizing, mentioning, memorializing, discussing, showing, supporting or describing. 8 The term “ALL” means “any and all” and “each and every.” 1 9 “And” or “or” as used herein shall be construed both conjunctively and disjunctively and shall include the other whenever such construction will serve to bring within the 11 scope of these requests any information that would otherwise not be brought within their scope, 1 i | } ' i 10. The singular shall, as used herein, shall include the plural, and the masculine shall include the feminine gender and neutral. | | | INSTRUCTIONS 1 Each of these Requests shall be construed independently and shall not be limited : by any other Request, except those documents responsive to more than one Request need be i | produced only once. | 2. If, in answering these Requests, You claim that any Request (or a definition or instruction applicable thereto) is ambiguous, do not use such a claim as a basis for refusing to respond, but rather respond and set forth as part of the response the language you claim jis ambiguous and the interpretation you have used to respond to the individual Request. 3 If, in answering these Requests, You object to any part of a Request, each part of said Request shall be treated separately. If an objection is made to part of a Request, the Request shall be answered to the extent that it is not objectionable. i4, The use of the singular form of any word includes the plural and vice versa. The term “and” as well as “or” shall be read in the disjunctive, conjunctive, or both, as the case may be, consistent with an interpretation that results in the more extensive document production. 6 The use of a verb in any tense shall be construed as the use of the verb in all other tenses. | REQUESTS FOR PRODUCTION | | | :1 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS i by text, email, LinkedIn, instant messaging or social media) between YOU and JOBOT, Luc i i1 |1 (including without limitation any of JOBOT, LLC’s employees or officers) at any time before YOU began working for JOBOT, LLC, including those REFERRING TO: YOUR recruitme: I hiring processes, YOUR potential employment, employment opportunities, what it is like working at JOBOT, LLC, compensation and bonus packages. ! 2. ALL DOCUMENTS YOU provided to JOBOT, LLC (including without limitation any of JOBOT, LLC’s employees or officers) at any time before YOU began working for JOBOT, LLC including those reflecting any applications, cover letters, resumes, and written 1 COMMUNICATIONS, YOU submitted to obtain employment with JOBOT, LLC. 1 | 3 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS by text) email, LinkedIn, instant messaging or social media) between YOU and JOBOT, LL! Gncluding without limitation any of JOBOT, LLC’s employees or officers) at any time after Y' OU | stopped working for JOBOT, LLC, including those REFERRING TO: the LAWSUIT. 4 ALL COMMUNICATIONS (including without limitation COMMUNICATIONS by text, email, LinkedIn, instant messaging or social media) between YOU and MORGAD > LEWIS & BOCKIUS LLP, including those REFERRING TO: the LAWSUIT. 5 ALL DOCUMENTS sufficient to show YOUR cell phone provider(s) and cell phone number(s), including without limitation your personal cell phone numbers and work cell phone numbers, utilized six (6) months prior to YOUR employment at JOBOT, LLC and during YOUR employment at JOBOT, LLC until the present. 6 ALL COMMUNICATIONS in YOUR possession, custody, or control between YOU and any person or entity that YOU knew to be a client of PLAINTIFFS at the time of tf eC COMMUNICATION, including without limitation, COMMUNICATIONS referring to recruitment or solicitation of persons or entities. 7. ALL COMMUNICATIONS in YOUR possession, custody, or control between YOU and any person or entity for whom YOU performed services while employed with PLAINTIFES. | 8 ALL DOCUMENTS belonging to PLAINTIFFS in YOUR possession, custody, br 1 control. 9. ALL DOCUMENTS obtained by YOU through YOUR work with PLAINTIFFS | any person or entity that YOU knew to be a client of PLAINTIFFS. | | 10. ALL DOCUMENTS containing or REFERRING