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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland. Ohio 44113
Court of Common Pleas
NOTICE OF
June 23,2023 15:42
By: TAUREAN J. SHATTUCK 0097364
Confirmation Nbr. 2892099
DANITA MCNAIR CV 22 971846
vs.
Judge: JOAN SYNENBERG
LAKEWOOD SENIOR CAMPUS, LLC
Pages Filed: 9
Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
DANITA MCNAIR, ) CASE NO.: CV-22-971846
)
Plaintiff, ) JUDGE: DEBORAH M. TURNER
)
v. ) PLAINTIFF’S NOTICE OF FILING OF
) SERVICE OF SUBPOENAS PURSUANT
LAKEWOOD SENIOR CAMPUS, LLC ) TO CIV. R. 45
D/B/A O'NEILL HEALTHCARE )
ASSISTED LIVING, )
)
Defendant. )
Plaintiff, Danita McNair, by and through undersigned counsel, hereby provides notice of
service of subpoenas for non-party depositions pursuant to Civ. R. 45 for the following
individuals, attached hereto as Exhibit A:
• Samantha Willis
• Tracey Carlisle
Respectfully submitted,
/s/ Taurean J. Shattuck
Taurean J. Shattuck (0097364)
Spitz, The Employee’s Law Firm
25825 Science Park Drive, Suite 200
Beachwood, OH 44122
Phone: (216) 291-4744
Fax: (216) 291-5744
Email: Taurean. Shattuck@SpitzLawFirm.com
Attorneyfor Plaintiff
Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH
NOTE: A BLANK PAGE 2 MUST ALSO BE TURNED IN WITH COMPLETED PAGE 1.
Exhibit A
IN THE COURT OF COMMON PLEAS
SUBPOENA CIVIL RULE 45
THE STATE OF OHIO
ss.
Cuyahoga County
Danita McNair______________
Plaintiff/Petitioner No. CV-22-971846
vs.
Lakewood Senior Campus, LLC
Defendant/Respondent judge Joan Synenberg
To
Samantha Willis____________
3291 W 100th St Cleveland, OH 44111
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: Tower
Justice Center-Court 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.
25825 Science Park Drive, Suite 200, Beachwood, OH 44122______ June 26, 2023 9:30 am
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
PREMISES DATE TIME
YOU ARE COMMANDED to permit inspection of the following premises at the date 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.
Taurean Shattuck 25825 Science Park Drive, Suite 200, Beachwood, OH 44122
ATTORNEY NAME r ADDRESS
Danita McNair 5/30/2023
SIGNATURE REPRESENTING DATE
Cuyahoga County, Clerk of Courts
Clerk
Electronically Filed 06/23/2023 15:42 I NOT?Ce I CV 2
•r. 2892099 I BATCH
THE STATE OF OHIO
ss.
Cuyahoga County
Affidavit of Service of Subpoena by Sheriff or Officer, Attorney or Private Person
On the 30th day of May ,20^3__ ,
I served this Subpoena on the within named: Samantha Willis
as follows:
via USPS certified and regular mail
SHERIFF'S FEES
Service on $ ------ ----------
Deputy Sheriff/Attorney
Copy
Miles Travel Subscribed and sworn to before me, a
Return
$ This day of , 20
Witness entitled to 42 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 under specified 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, tn 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
Electronically Filed 06/23/2023 15:42 I NOTICE I CV 22 971846 I Confirmation Nbr. 2892099 I BATCH
Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH
Electronically Filed 06/23/2023 15:42 I NOTICE ICV 22 971846 / Confirmation Nbr. 2892099 I BATCH
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
Danita McNair______________
Plaintiff/Petitioner No. CV-22-971846
vs.
Lakewood Senior Campus, LLC
Defendant/Respondent judge Joan Synenberg
To
Tracey Carlisle____________
1560 Tuxedo Ave Parma, OH 44134
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: Tower
Justice Center-Court 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.
25825 Science Park Drive, Suite 200, Beachwood, OH 44122______ June 26, 2023 1:30 pm
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.
Taurean Shattuck 25825 Science Park Drive, Suite 200, Beachwood, OH 44122
ATTORNEY NAME ADDRESS
Danita McNair 5/30/2023
!
SIGNATURE REPRESENTING DATE
Cuyahoga County, Clerk of Courts
Clerk
Electronically Filed 06/23/2023 15:42 I NOTICE I CV 2
•r. 2892099 I BATCH
THE STATE OF OHIO
ss.
Cuyahoga County
Affidavit of Service of Subpoena by Sheriff or Officer, Attorney or Private Person
On the 30th day of May , 20 23 .
I served this Subpoena on the within named: Tracey Carlisle
as follows:
via USPS certified and regular mail
SHERIFF'S FEES
Service on $
Deputy Sheriff/Attorney
Copy
Miles Travel Subscribed and sworn to before me, a
Return
$ This day of , 20
Witness entitled to 28 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 under specified 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, tn 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
Electronically Filed 06/23/2023 15:42 I NOTICE I CV 22 971846 I Confirmation Nbr. 2892099 I BATCH
Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH
Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland. Ohio 44113 Court of Common Pleas NOTICE OF June 23,2023 15:42 By: TAUREAN J. SHATTUCK 0097364 Confirmation Nbr. 2892099 DANITA MCNAIR CV 22 971846 vs. Judge: JOAN SYNENBERG LAKEWOOD SENIOR CAMPUS, LLC Pages Filed: 9 Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO DANITA MCNAIR, ) CASE NO.: CV-22-971846 ) Plaintiff, ) JUDGE: DEBORAH M. TURNER ) v. ) PLAINTIFF’S NOTICE OF FILING OF ) SERVICE OF SUBPOENAS PURSUANT LAKEWOOD SENIOR CAMPUS, LLC ) TO CIV. R. 45 D/B/A O'NEILL HEALTHCARE ) ASSISTED LIVING, ) ) Defendant. ) Plaintiff, Danita McNair, by and through undersigned counsel, hereby provides notice of service of subpoenas for non-party depositions pursuant to Civ. R. 45 for the following individuals, attached hereto as Exhibit A: • Samantha Willis • Tracey Carlisle Respectfully submitted, /s/ Taurean J. Shattuck Taurean J. Shattuck (0097364) Spitz, The Employee’s Law Firm 25825 Science Park Drive, Suite 200 Beachwood, OH 44122 Phone: (216) 291-4744 Fax: (216) 291-5744 Email: Taurean. Shattuck@SpitzLawFirm.com Attorneyfor Plaintiff Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH NOTE: A BLANK PAGE 2 MUST ALSO BE TURNED IN WITH COMPLETED PAGE 1. Exhibit A IN THE COURT OF COMMON PLEAS SUBPOENA CIVIL RULE 45 THE STATE OF OHIO ss. Cuyahoga County Danita McNair______________ Plaintiff/Petitioner No. CV-22-971846 vs. Lakewood Senior Campus, LLC Defendant/Respondent judge Joan Synenberg To Samantha Willis____________ 3291 W 100th St Cleveland, OH 44111 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: Tower Justice Center-Court 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. 25825 Science Park Drive, Suite 200, Beachwood, OH 44122______ June 26, 2023 9:30 am 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 PREMISES DATE TIME YOU ARE COMMANDED to permit inspection of the following premises at the date 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. Taurean Shattuck 25825 Science Park Drive, Suite 200, Beachwood, OH 44122 ATTORNEY NAME r ADDRESS Danita McNair 5/30/2023 SIGNATURE REPRESENTING DATE Cuyahoga County, Clerk of Courts Clerk Electronically Filed 06/23/2023 15:42 I NOT?Ce I CV 2 •r. 2892099 I BATCH THE STATE OF OHIO ss. Cuyahoga County Affidavit of Service of Subpoena by Sheriff or Officer, Attorney or Private Person On the 30th day of May ,20^3__ , I served this Subpoena on the within named: Samantha Willis as follows: via USPS certified and regular mail SHERIFF'S FEES Service on $ ------ ---------- Deputy Sheriff/Attorney Copy Miles Travel Subscribed and sworn to before me, a Return $ This day of , 20 Witness entitled to 42 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 under specified 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, tn 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 Electronically Filed 06/23/2023 15:42 I NOTICE I CV 22 971846 I Confirmation Nbr. 2892099 I BATCH Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH Electronically Filed 06/23/2023 15:42 I NOTICE ICV 22 971846 / Confirmation Nbr. 2892099 I BATCH 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 Danita McNair______________ Plaintiff/Petitioner No. CV-22-971846 vs. Lakewood Senior Campus, LLC Defendant/Respondent judge Joan Synenberg To Tracey Carlisle____________ 1560 Tuxedo Ave Parma, OH 44134 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: Tower Justice Center-Court 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. 25825 Science Park Drive, Suite 200, Beachwood, OH 44122______ June 26, 2023 1:30 pm 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. Taurean Shattuck 25825 Science Park Drive, Suite 200, Beachwood, OH 44122 ATTORNEY NAME ADDRESS Danita McNair 5/30/2023 ! SIGNATURE REPRESENTING DATE Cuyahoga County, Clerk of Courts Clerk Electronically Filed 06/23/2023 15:42 I NOTICE I CV 2 •r. 2892099 I BATCH THE STATE OF OHIO ss. Cuyahoga County Affidavit of Service of Subpoena by Sheriff or Officer, Attorney or Private Person On the 30th day of May , 20 23 . I served this Subpoena on the within named: Tracey Carlisle as follows: via USPS certified and regular mail SHERIFF'S FEES Service on $ Deputy Sheriff/Attorney Copy Miles Travel Subscribed and sworn to before me, a Return $ This day of , 20 Witness entitled to 28 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 under specified 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, tn 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 Electronically Filed 06/23/2023 15:42 I NOTICE I CV 22 971846 I Confirmation Nbr. 2892099 I BATCH Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH Electronically Filed 06/23/2023 15:42 / NOTICE / CV 22 971846 / Confirmation Nbr. 2892099 / BATCH