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STATE OF SOUTH CAROLINA
2023CP400 £19
ISSUED BY THE COMMON PLEAS COURT IN THE COUNTY OF RICHLAND
STATE OF ILLINOIS ex rel. FORDE & O’MEARA
LLP, Plaintiff |
, |
SUBPOENA IN A CIVIL CASE |
v. :
VENDOR ASSISTANCE PROGRAM LLC; Case Number: 20211002381
BLUESTONE CAPITAL MARKETS LLC; and Pending in Cook County, Illinois
BLUE STONE FINANCE LLC, Defendants 1
TO: UNITED COMMUNITY BANK c/o C T CORPORATION SYSTEM, 2 OFFICE PARK CT STE 103. '
COLUMBIA, SOUTH CAROLINA 29223.
[J YOU ARE COMMANDED to appear in the above named court at the place, and time specified below to testify ini the
above case.
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PLACE OF TESTIMONY COURTROOM '
T
DATE AND TIME > AM
(1 YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking ofa
deposition in the above case.
PLACE OF DEPOSITION DATE AND TIME > AM
X] YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or ol )bjects in
your possession, custody or control at the place, date and time specified below (list documents or objects): |
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SEE ATTACHED ILLINOIS SUBPOENA AND RIDER, WHICH ARE INCORPORATED HEREIN.
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PLACE DATE AND TIME: 10/2/23, 10:00 AM
191 NORTH WACKER DRIVE, 31ST FLOOR,
CHICAGO, ILLINOIS 60606
(YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES DATE AND TIME > AM
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ANY SUBPOENAED ORGANIZATION NOT A PARTY TO THIS IS HEREBY DIRECTED TO RULE 30(b)(6), SOUTH CAROLINA RULES OF
CIVIL PROCEDURE, TO FILE A DESIGNATION WITH THE COURT SPECIFYING ONE OR MORE OFFICERS, DIRECTORS, OR MANAGING
AGENTS, OR OTHER PERSONS WHO CONSENT TO TESTIFY ON ITS BEHALF, SHALL SET FORTH, FOR EACH PERSON DESIGNATED, THE
MATTERS ON WHICH HE WILL TESTIFY OR PRODUCE DOCUMENTS OR THINGS. THE PERSON SO DESIGNATED TESTIFY AS TO
MATTERS KNOWN OR REASONABLY AVAILABLE TO THE ORGANIZATION |
I CERTIFY THAT THE SUBPOENA IS ISSUED IN COMPLIANCE WITH RULE 45(c)(), AND THAT NOTICE AS REQUIRED BY RULE BOW HAS BEEN
GIVEN TO ALL PARTIES.
/s/ Ellen C. Carey 9/1/23 Ellen C. Carey
Attomey/Issuing Officer’s Signature Date Print Name.
Attomey for Plaintiff
Attomey’s Address and Telephone Number :
191 North Wacker Drive, 31st Floor, Chicago, IL' 60606
(312) 641-1441 1
‘ourv/Issuing Officer
AN ¢j23 leanette W-FIC
Print Name
iol
Clerk,
SCCA 254 (05/2015) (Sce Rule 45, South Carolina Rules of Civil Procedure, Parts (c) & (d) on pages 2 and 3)
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PROOF OF SERVICE |
SERVED DATE FEES AND MILEAGE TO BE TENDERED TO WITNESS UPON
DAILY ARRIVAL
PLACE
Oyes [no AMOUNT $
SERVED ON MANNER OF SERVICE
SERVED BY TITLE
DECLARATION OF SERVER
| certify that the foregoing information contained in the Proof of Service is true and correct
:
Executed on,
SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45, South Carolina Rules of Civil Procedures, Parts (c) and (d):
{c) Protection of Persons Subject to Subpoenas
(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burdeh or
expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upcn the party
or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee.
(2)(A) A person commanded to produce and permit inspection and copying of designated electronically stored information, books, papers, documents or
tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for
deposition, hearing or trial. A party or an attorney responsible for the issuance and service of a subpoena for production of books, papers and
documents without a deposition shall provide to another party copies of documents so produced upon written request. The party requesting copies shall
pay the reasonable costs of reproduction.
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(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the
subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the
subpoena written objection to inspection or copying of any or all of the designated materials or of the premises—or to producing electronically stored
information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or
inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the
subpoena may, upon notice to the person commanded to produce, move at any time in the court that issued the subpoena for an order to compel the
production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from
the inspection and copying commanded.
(3)(A) On timely motion, the court by which a. subpoena was issued, or regarding a subpoena commanding appearance at a deposition, or production or
inspection directed to a non-party, the court in the county where the non-party resides, is employed or regularly transacts business in person, shall
quash or modify the subpoena if it:
(i) fails to allow reasonable time for compliance; or
(ii) requires a person who is not a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to
travel more than 50 miles from the county where that person resides, is employed or regularly transacts business in person, except that, subject to the
provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in
which the trial is held; or
(iii) requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; or
{iv) subjects a person to undue burden
(B) Ifa subpoena
t
(i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting trom the
expert's study made not at the request of any party, or
SCCA 254 (05/2015) (See Rule 45, South Carolina Rules ofCivil Procedure, Parts (c) & (4) on pages 2 and 3)
;
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g (iii) requires a person who is not a party nor an officer, director of managing agent of a party, nor a general partner of a partnership that is a party, to
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incur substantial expense to travel from the county where that person resides, is employed or regularly transacts business in person, the court i may, to
protect a person subject to or affected by the subpoena, quash oft modify the subpoena or, if the party in whose behalf the subpoena is issuec| shows a
substantial need for the testimony or material that cannot be otherwise met t without undue hardship and assures that the person to whom the ‘subpoena
is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
(d) Duties in Responding to Subpoena. |
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(1)(A)A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall | organize
and label them to correspond with the categories in the demar
(B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must, produce
the information in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
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(C) A person responding to a subpoena need not produce the same electronically stored information in more than one form, |
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(D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifi ies as not
reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must
show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(6)(B). The court may specify
conditions for the discovery. 11
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(2)(A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials; the claim
shall be made expressly and shall be supported by a descriptionjof the nature of the documents, communications, or things not produced that is
Sufficient to enable the demanding party to contest the claim. 1
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(8) If information produced in response to a subpoena is subject fo 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 party must promptly return, sequester,
or destroy the specified information and any copies it has and may not 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 detérmination of the claim. If the receiving party disclosed the information before being
notified, the receiving party must take reasonable steps to retrieve the information. The-person who produced the information must preserve the
information until the claim Is resolved. i
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SCCA 254 (05/2015) (ee Rule 45, South Carolina Rules of Civil Procedure, Parts (c) & (d) on pages 2 and 9
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2023CP400 45719
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Subpoena in a Civil Matter (For Testimony and/or Documents) (12/01/20) CCG 0106 A
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
t
State of Illinois ex rel Forde & O'Meara LLP
Plaintiff/Petitioner
Case No. 20211002381
‘Vendor Assistance Program
LLC; Bluestone Capital
Markets
LLC; and Blue Stone Fmance, LLC
Defendant/Respondent
Mm
os
SUBPOENA IN A CIVIL MATTER
OF wo
(For Testimony and/or Documents) ct
To: : ys
United Community Bank | =
c/o CT Corporation System wn (rt a
2 Office Park Ct Ste 103 toc
t QoS
Columbia, South Carolina 29223 i
on or before _10/2/23 at 10:00 a.m. OAM OPM
(THIS IS FOR RECORDS ONLY. THERE WILL BE NO ORAL INTERROGATORIES):
SEE ATTACHED RIDER. ||
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M1 Description continued on attached page().
Se
Iris Y. Martinez, Clerk of: the Circuit Court of Cook County, Illinois
cookcountyclerkofcourt. org
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1 of 2
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Subpoena in a Civil Matter (For Testimony and/or Documents) (12/01/20) cce 0106 B
Notice to Deponent: :
}
1. O The deponent is a public or private corporation, partnership, association, or governmental agency. The
matter(s) on which examination is requested are as follows:
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O Description continued on attached page(s).
(A nonparty organization has a duty to designate one or more officers, directors, or managing agents,
or other persons to testify on its behalf, and may set forth, for each person designated, the mattérs on
which that person will testify. Il. Sup. Ct. Rule 206.)
2. O The deponent’s testimony will be recorded by use of an audio-visual recording device, opetated
by
(Name of Recording Device Operator)
3. No discovery deposition of any party or witnésses shall exceed three hours regardless of the number of
patties involved in the case, except by stipulation of the parties or by order upon showing that good cause
warrants a lengthier examination. Ill. Sup. Ct. Rule 206(d). 1
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© Pro Se 99500
Name: Ellen M. Carey of Forde & O'Meara ue
Atty. for (if applicable): Issued by: /s/ Ellen M. Carey
State of Illinois ex rel Forde & O'Meara LLP Signature
€ Attorney O Clerk of Court
Addtess: 191 North Wacker Drive, 31st Floor
Chicago Date: 9/11/23
City:
State: IL Zip, $0606
Teleph&hk) 641-1441
Primary Emai J, ©carey@fordellp.com
|
0) Iserved this subpoena by mailing a copy, as required by I. Sup. Ct. Rules 11, 12 and 204() (2),
to by certified mail, return receipt requested
Receipt # Jon . I paid the witness $ for
witness and mileage fees. i
1 Isetved this subpoena by handing a copy to
on . Ipaid the witness $ _* for witness and mileage fees.
1
/s/
Gignature of Server) (Print Name)
Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois
cookcountyclerkofcourt.org
Page 2 of 2
RIDER TO UNITED COMMUNITY BANK
DOCUMEN ‘T SUBPOENA
Defin ns and Instructions
@) “Document” and “Docurients” are used in the broadest sense utilized in Illinois
Supreme Court Rules 201(b)(1) and 214 and shall mean, without limitation, any written, graphic,
or recorded material of every kind and description, however produced or reproduced, whether
draft or final, original or reproduction, signed or unsigned, and regardless of whether approved, *
sent or received including, but not limited to: communications, memoranda, notes, lists, logs,
tapes, disks, e-mails, facsimiles, telegrams, books, notebooks, binders, records, receipts, audio
recordings, transcripts of verbal conversations or statements, handwritten or typed statements, i
articles, publications, reports, notices, printouts, messages, agreements, contracts, papers, files, |
summaries, and calendar or diary entries.
(b) “Communication” and “Communications” shall mean any oral or written
utterance, notation, depiction, or statement of any nature whatsoever, including, but not limited ‘
to: correspondence, conversations, telephone calls, facsimiles, dialogues, discussions, interviews,
consultations, telegrams, telexes, text messages, chats (e.g., Google Hangout chats), messages
exchanged on any app or social media site (e.g., WhatsApp messages, Facebook messages, Slack
messages), statements posted on or to the Internet or any social media site, cables, e-mails,
letters, voicemails, memoranda, agreements, and other verbal and non-verbal understandings.
() “Related to” or “Relating to” shall mean to embody, mention, reflect, describe on,
be in any way logically or factually connected with the matter discussed.
@ “Person” or “Persons” shall mean any natural person, association, partnership,
corporation, organization, business trust, joint venture, receiver, estate, syndicate or any other
combination acting as a unit or acting as a form of legal entity, including the parties to this suit
and their officers, agents, employees and tepresentatives.
() “You” or “Your” shall mean United Community Bank, its representatives,
employees, agents, affiliates, and any person acting or purporting to act on behalf of any of the
foregoing.
@ “VAP” shall mean Vendor Assistance Program, LLC, and any person acting or
purporting to act on its behalf, including but not limited to any successor company or assignee.
() “BCM” shall mean Bluestone Capital Markets, LLC, and any person acting or
purporting to act on its behalf, including but not limited to any successor company or assignee.
:
(h) “BSF” shall mean Blue Stone Finance, LLC, and any person acting or purporting
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to act on its behalf, including but not limited to any successor company or assignee. ‘
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@ “BFH” shall mean BFH Investments, LLC, and any person acting or purporting to
act on its behalf, including but not limited to any successor company or assignee.
‘
@) “CHGO” shall mean CHGO Real Estate Investments, LLC, and any person acting
or purporting to act on its behalf, including but not limited to any successor company or
assignee. i
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«&) “VAP-Managed Trusts” shall mean any trust managed by, created by, or affiliated
with VAP, including but not limited to:
1) Illinois Receivables Trust
2) Illinois Receivables Trust Series 2015-1
3) Illinois Receivables Trust II
4) Illinois Receivable Trust II Series 2016-1
5) Illinois Receivable Trust II Series 2016-2
6) Illinois Receivable Trust II Series 2016-3
7) Illinois Receivable Trust II Series 2016-4
8) Illinois Receivable Trust II Series 2016-5
9) Illinois Receivable Trust II Series 2016-6
10) Illinois Receivable Trust II Series 2017-1
11) Illinois Receivable Trust II Series 2017-2
12) Illinois Receivable Trust II Series 2017-3
13) Illinois Receivable Trust II Series 2017-4
14) Illinois Receivable Trust II Series 2017-5
15) Illinois Receivable Trust II Series 2017-6
16) Illinois Receivable Trust II Series 2018-1
17) Illinois Receivable Trust II Series 2018-2
18) Illinois Receivable Trust II Series 2018-3
19) Illinois Receivable Trust II Series 2018-4
20) Illinois Receivable Trust II Series 2018-5
21) Illinois Receivable Trust II Series 2018-6
22) Illinois Receivable Trust II Series 2018-7
23) Illinois Receivable Trust II Series 2019-2
24) Illinois Receivable Trust II Series 2020-1
25) Illinois Receivable Trust II Series 2020-2
26) VAP Funding Master Note Trust
27) VAP Funding Master Note Trust (Illinois)
28) VAP Funding Master Trust II
29) VAP Funding Master Trust II (Illinois)
30) VAP RRT Master Trust II
31) VAP RRT Master Trust 2016
32) IRT Funding Trust
33) IRT Funding Trust Series 2017-1
34) IRT Funding Trust Series 2017-2
35) IRT Funding Trust Series 2017-3
36) IRT Funding Trust Series 2017-5
37) IRT Funding Trust Series 2018-4
@ “Financial Statements” includes, without limitation, any balance sheet, income
statement, statement of cash flows, check ledgers or check registers, subsidiary ledger, journal
entries, bank statements (including for DDA accounts) or the like |1
(m) “State of Illinois” shall mean the State of Illinois, including but not limited to the,
Illinois Department of Central Management Services and the Illinois Office of the Comptroller, '
any of their representatives, employees, agents, affiliates, and any person acting or purporting to
act on behalf of any of the foregoing.
@) “Vendor Payment Program” shall mean the State of Illinois Vendor Payment
Program established pursuant to 30 ILCS 540/8
(0) The singular form of a word means and includes the plural and the plural form of.
a word means and includes the singular whenever necessary to bring within the scope of these
requests any and all Documents that might otherwise be construed to be outside their scope.
() “And” shall mean “or” and “or” shall mean “and” to make these requests
inclusive rather than exclusive. i
@ In producing the Documents requested herein, You should indicate the specific
request(s) in response to which each Document or group of Documents is being produced.
© If objecting to a request for production, state the objection with particularity,
providing specific grounds for the objection.
(s) If You claim any privilege with respect to any of the Documents covered by these
requests, provide a privilege log.
® For any materials that You claim no longer exist or cannot be located, provide all
of the following: (i) a statement identifying the material; (ii) a statement of how and when the
material ceased to exist or when it could no longer be located; (iii) the reasons for the material’
nonexistence or loss; (iv) the identity, address, and job title of each person having knowledge
about the nonexistence or loss of the material; and (v) the identity of any other materials
:
evidencing the nonexistence or loss of the material or any facts about the nonexistence or loss.
(u) These requests shall be deemed continuing, and You are required to promptly
supplement Your response if You obtain or discover further Documents or information between!
the date You receive these requests and the date of any hearing. '
i
) Unless otherwise indicated, the time period for these requests is from January 1,
2015 to the present. '
(w) Produce electronically stored information in single-page searchable Tagged Image
File Format (TIFF) with a metadata load file. For any source code, audio, video, presentation file
types (e.g., PowerPoint, Keynote, Google Slides, etc.) and spreadsheet-type files (e.g., Microsoft
Excel), produce in native format. In addition, electronically stored information should be
produced in native format where specifically requested.
1
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REQUESTS TO PRODUCE
1 All Documents reflecting Communications referencing VAP, BCM, BSF, BFH,
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CHGO, or the VAP-Managed Trusts.
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2. All Documents and Communications that refer to, relate to, or reflect the
relationship between or among VAP, BCM, BSF, BFH, CHGO and/or any VAP-Managed Trust,
including but not limited to any assignment, beneficial interest, or any other economic or other
1
interest in any of the foregoing held by BCM and/or BSF.
3 All Financial Statements (including but not limited to account and bank
statements) for VAP, BCM, BSF, BFHL,:CHGO, or the VAP-Managed Trusts.
u
Richland County Common Pleas
Clerk Jeanette W. McBride
Richland. County Judicial Center
Columbia, SC 29201
x03) 576-1999
Received From: State Of Illinois, Date: 9/18/2023
Receipt #: 329859
Clerk: c40rmoorma
Paying for: Self 1
Transaction Type: Payment a Reference #: 5833
Payment Type: Check $50.00 Comment:
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Total Paid: $50.00
I
Total Received: $50.00
Non-Refundable
Change Due: $0.00
Case # Caption i Previous Balance Amount Paid Balance|Due S/T
2023CP4004879 State Of Illinois vs Venitor Agsistance $50.00 $50.00 $0.00 650
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Program Lic WV
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Total Cases:
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$50.00 $50.00 $0.00
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ReceiptMULTICasexpt V6.1
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STATE OF SOUTH CAROLINA 2023CP400 £19 ISSUED BY THE COMMON PLEAS COURT IN THE COUNTY OF RICHLAND STATE OF ILLINOIS ex rel. FORDE & O’MEARA LLP, Plaintiff | , | SUBPOENA IN A CIVIL CASE | v. : VENDOR ASSISTANCE PROGRAM LLC; Case Number: 20211002381 BLUESTONE CAPITAL MARKETS LLC; and Pending in Cook County, Illinois BLUE STONE FINANCE LLC, Defendants 1 TO: UNITED COMMUNITY BANK c/o C T CORPORATION SYSTEM, 2 OFFICE PARK CT STE 103. ' COLUMBIA, SOUTH CAROLINA 29223. [J YOU ARE COMMANDED to appear in the above named court at the place, and time specified below to testify ini the above case. i1 PLACE OF TESTIMONY COURTROOM ' T DATE AND TIME > AM (1 YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking ofa deposition in the above case. PLACE OF DEPOSITION DATE AND TIME > AM X] YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or ol )bjects in your possession, custody or control at the place, date and time specified below (list documents or objects): | 11 SEE ATTACHED ILLINOIS SUBPOENA AND RIDER, WHICH ARE INCORPORATED HEREIN. 7 PLACE DATE AND TIME: 10/2/23, 10:00 AM 191 NORTH WACKER DRIVE, 31ST FLOOR, CHICAGO, ILLINOIS 60606 (YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES DATE AND TIME > AM + ANY SUBPOENAED ORGANIZATION NOT A PARTY TO THIS IS HEREBY DIRECTED TO RULE 30(b)(6), SOUTH CAROLINA RULES OF CIVIL PROCEDURE, TO FILE A DESIGNATION WITH THE COURT SPECIFYING ONE OR MORE OFFICERS, DIRECTORS, OR MANAGING AGENTS, OR OTHER PERSONS WHO CONSENT TO TESTIFY ON ITS BEHALF, SHALL SET FORTH, FOR EACH PERSON DESIGNATED, THE MATTERS ON WHICH HE WILL TESTIFY OR PRODUCE DOCUMENTS OR THINGS. THE PERSON SO DESIGNATED TESTIFY AS TO MATTERS KNOWN OR REASONABLY AVAILABLE TO THE ORGANIZATION | I CERTIFY THAT THE SUBPOENA IS ISSUED IN COMPLIANCE WITH RULE 45(c)(), AND THAT NOTICE AS REQUIRED BY RULE BOW HAS BEEN GIVEN TO ALL PARTIES. /s/ Ellen C. Carey 9/1/23 Ellen C. Carey Attomey/Issuing Officer’s Signature Date Print Name. Attomey for Plaintiff Attomey’s Address and Telephone Number : 191 North Wacker Drive, 31st Floor, Chicago, IL' 60606 (312) 641-1441 1 ‘ourv/Issuing Officer AN ¢j23 leanette W-FIC Print Name iol Clerk, SCCA 254 (05/2015) (Sce Rule 45, South Carolina Rules of Civil Procedure, Parts (c) & (d) on pages 2 and 3) aS : PROOF OF SERVICE | SERVED DATE FEES AND MILEAGE TO BE TENDERED TO WITNESS UPON DAILY ARRIVAL PLACE Oyes [no AMOUNT $ SERVED ON MANNER OF SERVICE SERVED BY TITLE DECLARATION OF SERVER | certify that the foregoing information contained in the Proof of Service is true and correct : Executed on, SIGNATURE OF SERVER ADDRESS OF SERVER Rule 45, South Carolina Rules of Civil Procedures, Parts (c) and (d): {c) Protection of Persons Subject to Subpoenas (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burdeh or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upcn the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2)(A) A person commanded to produce and permit inspection and copying of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. A party or an attorney responsible for the issuance and service of a subpoena for production of books, papers and documents without a deposition shall provide to another party copies of documents so produced upon written request. The party requesting copies shall pay the reasonable costs of reproduction. |i (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises—or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time in the court that issued the subpoena for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the court by which a. subpoena was issued, or regarding a subpoena commanding appearance at a deposition, or production or inspection directed to a non-party, the court in the county where the non-party resides, is employed or regularly transacts business in person, shall quash or modify the subpoena if it: (i) fails to allow reasonable time for compliance; or (ii) requires a person who is not a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to travel more than 50 miles from the county where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; or (iii) requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; or {iv) subjects a person to undue burden (B) Ifa subpoena t (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting trom the expert's study made not at the request of any party, or SCCA 254 (05/2015) (See Rule 45, South Carolina Rules ofCivil Procedure, Parts (c) & (4) on pages 2 and 3) ; : j: g (iii) requires a person who is not a party nor an officer, director of managing agent of a party, nor a general partner of a partnership that is a party, to Hi incur substantial expense to travel from the county where that person resides, is employed or regularly transacts business in person, the court i may, to protect a person subject to or affected by the subpoena, quash oft modify the subpoena or, if the party in whose behalf the subpoena is issuec| shows a substantial need for the testimony or material that cannot be otherwise met t without undue hardship and assures that the person to whom the ‘subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) Duties in Responding to Subpoena. | | (1)(A)A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall | organize and label them to correspond with the categories in the demar (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must, produce the information in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. i! (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form, | i '| (D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifi ies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(6)(B). The court may specify conditions for the discovery. 11 || (2)(A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials; the claim shall be made expressly and shall be supported by a descriptionjof the nature of the documents, communications, or things not produced that is Sufficient to enable the demanding party to contest the claim. 1 | (8) If information produced in response to a subpoena is subject fo 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 party must promptly return, sequester, or destroy the specified information and any copies it has and may not 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 detérmination of the claim. If the receiving party disclosed the information before being notified, the receiving party must take reasonable steps to retrieve the information. The-person who produced the information must preserve the information until the claim Is resolved. i i : ! a h 4 4 i 1" li u I i i : SCCA 254 (05/2015) (ee Rule 45, South Carolina Rules of Civil Procedure, Parts (c) & (d) on pages 2 and 9 ti ‘ 4 I! ! 2023CP400 45719 if ‘| Subpoena in a Civil Matter (For Testimony and/or Documents) (12/01/20) CCG 0106 A IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS t State of Illinois ex rel Forde & O'Meara LLP Plaintiff/Petitioner Case No. 20211002381 ‘Vendor Assistance Program LLC; Bluestone Capital Markets LLC; and Blue Stone Fmance, LLC Defendant/Respondent Mm os SUBPOENA IN A CIVIL MATTER OF wo (For Testimony and/or Documents) ct To: : ys United Community Bank | = c/o CT Corporation System wn (rt a 2 Office Park Ct Ste 103 toc t QoS Columbia, South Carolina 29223 i on or before _10/2/23 at 10:00 a.m. OAM OPM (THIS IS FOR RECORDS ONLY. THERE WILL BE NO ORAL INTERROGATORIES): SEE ATTACHED RIDER. || | | M1 Description continued on attached page(). Se Iris Y. Martinez, Clerk of: the Circuit Court of Cook County, Illinois cookcountyclerkofcourt. org i Page 1 of 2 i f Subpoena in a Civil Matter (For Testimony and/or Documents) (12/01/20) cce 0106 B Notice to Deponent: : } 1. O The deponent is a public or private corporation, partnership, association, or governmental agency. The matter(s) on which examination is requested are as follows: i ‘ ! O Description continued on attached page(s). (A nonparty organization has a duty to designate one or more officers, directors, or managing agents, or other persons to testify on its behalf, and may set forth, for each person designated, the mattérs on which that person will testify. Il. Sup. Ct. Rule 206.) 2. O The deponent’s testimony will be recorded by use of an audio-visual recording device, opetated by (Name of Recording Device Operator) 3. No discovery deposition of any party or witnésses shall exceed three hours regardless of the number of patties involved in the case, except by stipulation of the parties or by order upon showing that good cause warrants a lengthier examination. Ill. Sup. Ct. Rule 206(d). 1 |1 1 © Pro Se 99500 Name: Ellen M. Carey of Forde & O'Meara ue Atty. for (if applicable): Issued by: /s/ Ellen M. Carey State of Illinois ex rel Forde & O'Meara LLP Signature € Attorney O Clerk of Court Addtess: 191 North Wacker Drive, 31st Floor Chicago Date: 9/11/23 City: State: IL Zip, $0606 Teleph&hk) 641-1441 Primary Emai J, ©carey@fordellp.com | 0) Iserved this subpoena by mailing a copy, as required by I. Sup. Ct. Rules 11, 12 and 204() (2), to by certified mail, return receipt requested Receipt # Jon . I paid the witness $ for witness and mileage fees. i 1 Isetved this subpoena by handing a copy to on . Ipaid the witness $ _* for witness and mileage fees. 1 /s/ Gignature of Server) (Print Name) Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois cookcountyclerkofcourt.org Page 2 of 2 RIDER TO UNITED COMMUNITY BANK DOCUMEN ‘T SUBPOENA Defin ns and Instructions @) “Document” and “Docurients” are used in the broadest sense utilized in Illinois Supreme Court Rules 201(b)(1) and 214 and shall mean, without limitation, any written, graphic, or recorded material of every kind and description, however produced or reproduced, whether draft or final, original or reproduction, signed or unsigned, and regardless of whether approved, * sent or received including, but not limited to: communications, memoranda, notes, lists, logs, tapes, disks, e-mails, facsimiles, telegrams, books, notebooks, binders, records, receipts, audio recordings, transcripts of verbal conversations or statements, handwritten or typed statements, i articles, publications, reports, notices, printouts, messages, agreements, contracts, papers, files, | summaries, and calendar or diary entries. (b) “Communication” and “Communications” shall mean any oral or written utterance, notation, depiction, or statement of any nature whatsoever, including, but not limited ‘ to: correspondence, conversations, telephone calls, facsimiles, dialogues, discussions, interviews, consultations, telegrams, telexes, text messages, chats (e.g., Google Hangout chats), messages exchanged on any app or social media site (e.g., WhatsApp messages, Facebook messages, Slack messages), statements posted on or to the Internet or any social media site, cables, e-mails, letters, voicemails, memoranda, agreements, and other verbal and non-verbal understandings. () “Related to” or “Relating to” shall mean to embody, mention, reflect, describe on, be in any way logically or factually connected with the matter discussed. @ “Person” or “Persons” shall mean any natural person, association, partnership, corporation, organization, business trust, joint venture, receiver, estate, syndicate or any other combination acting as a unit or acting as a form of legal entity, including the parties to this suit and their officers, agents, employees and tepresentatives. () “You” or “Your” shall mean United Community Bank, its representatives, employees, agents, affiliates, and any person acting or purporting to act on behalf of any of the foregoing. @ “VAP” shall mean Vendor Assistance Program, LLC, and any person acting or purporting to act on its behalf, including but not limited to any successor company or assignee. () “BCM” shall mean Bluestone Capital Markets, LLC, and any person acting or purporting to act on its behalf, including but not limited to any successor company or assignee. : (h) “BSF” shall mean Blue Stone Finance, LLC, and any person acting or purporting ‘t to act on its behalf, including but not limited to any successor company or assignee. ‘ t @ “BFH” shall mean BFH Investments, LLC, and any person acting or purporting to act on its behalf, including but not limited to any successor company or assignee. ‘ @) “CHGO” shall mean CHGO Real Estate Investments, LLC, and any person acting or purporting to act on its behalf, including but not limited to any successor company or assignee. i 1 «&) “VAP-Managed Trusts” shall mean any trust managed by, created by, or affiliated with VAP, including but not limited to: 1) Illinois Receivables Trust 2) Illinois Receivables Trust Series 2015-1 3) Illinois Receivables Trust II 4) Illinois Receivable Trust II Series 2016-1 5) Illinois Receivable Trust II Series 2016-2 6) Illinois Receivable Trust II Series 2016-3 7) Illinois Receivable Trust II Series 2016-4 8) Illinois Receivable Trust II Series 2016-5 9) Illinois Receivable Trust II Series 2016-6 10) Illinois Receivable Trust II Series 2017-1 11) Illinois Receivable Trust II Series 2017-2 12) Illinois Receivable Trust II Series 2017-3 13) Illinois Receivable Trust II Series 2017-4 14) Illinois Receivable Trust II Series 2017-5 15) Illinois Receivable Trust II Series 2017-6 16) Illinois Receivable Trust II Series 2018-1 17) Illinois Receivable Trust II Series 2018-2 18) Illinois Receivable Trust II Series 2018-3 19) Illinois Receivable Trust II Series 2018-4 20) Illinois Receivable Trust II Series 2018-5 21) Illinois Receivable Trust II Series 2018-6 22) Illinois Receivable Trust II Series 2018-7 23) Illinois Receivable Trust II Series 2019-2 24) Illinois Receivable Trust II Series 2020-1 25) Illinois Receivable Trust II Series 2020-2 26) VAP Funding Master Note Trust 27) VAP Funding Master Note Trust (Illinois) 28) VAP Funding Master Trust II 29) VAP Funding Master Trust II (Illinois) 30) VAP RRT Master Trust II 31) VAP RRT Master Trust 2016 32) IRT Funding Trust 33) IRT Funding Trust Series 2017-1 34) IRT Funding Trust Series 2017-2 35) IRT Funding Trust Series 2017-3 36) IRT Funding Trust Series 2017-5 37) IRT Funding Trust Series 2018-4 @ “Financial Statements” includes, without limitation, any balance sheet, income statement, statement of cash flows, check ledgers or check registers, subsidiary ledger, journal entries, bank statements (including for DDA accounts) or the like |1 (m) “State of Illinois” shall mean the State of Illinois, including but not limited to the, Illinois Department of Central Management Services and the Illinois Office of the Comptroller, ' any of their representatives, employees, agents, affiliates, and any person acting or purporting to act on behalf of any of the foregoing. @) “Vendor Payment Program” shall mean the State of Illinois Vendor Payment Program established pursuant to 30 ILCS 540/8 (0) The singular form of a word means and includes the plural and the plural form of. a word means and includes the singular whenever necessary to bring within the scope of these requests any and all Documents that might otherwise be construed to be outside their scope. () “And” shall mean “or” and “or” shall mean “and” to make these requests inclusive rather than exclusive. i @ In producing the Documents requested herein, You should indicate the specific request(s) in response to which each Document or group of Documents is being produced. © If objecting to a request for production, state the objection with particularity, providing specific grounds for the objection. (s) If You claim any privilege with respect to any of the Documents covered by these requests, provide a privilege log. ® For any materials that You claim no longer exist or cannot be located, provide all of the following: (i) a statement identifying the material; (ii) a statement of how and when the material ceased to exist or when it could no longer be located; (iii) the reasons for the material’ nonexistence or loss; (iv) the identity, address, and job title of each person having knowledge about the nonexistence or loss of the material; and (v) the identity of any other materials : evidencing the nonexistence or loss of the material or any facts about the nonexistence or loss. (u) These requests shall be deemed continuing, and You are required to promptly supplement Your response if You obtain or discover further Documents or information between! the date You receive these requests and the date of any hearing. ' i ) Unless otherwise indicated, the time period for these requests is from January 1, 2015 to the present. ' (w) Produce electronically stored information in single-page searchable Tagged Image File Format (TIFF) with a metadata load file. For any source code, audio, video, presentation file types (e.g., PowerPoint, Keynote, Google Slides, etc.) and spreadsheet-type files (e.g., Microsoft Excel), produce in native format. In addition, electronically stored information should be produced in native format where specifically requested. 1 1 REQUESTS TO PRODUCE 1 All Documents reflecting Communications referencing VAP, BCM, BSF, BFH, ,i CHGO, or the VAP-Managed Trusts. i 2. All Documents and Communications that refer to, relate to, or reflect the relationship between or among VAP, BCM, BSF, BFH, CHGO and/or any VAP-Managed Trust, including but not limited to any assignment, beneficial interest, or any other economic or other 1 interest in any of the foregoing held by BCM and/or BSF. 3 All Financial Statements (including but not limited to account and bank statements) for VAP, BCM, BSF, BFHL,:CHGO, or the VAP-Managed Trusts. u Richland County Common Pleas Clerk Jeanette W. McBride Richland. County Judicial Center Columbia, SC 29201 x03) 576-1999 Received From: State Of Illinois, Date: 9/18/2023 Receipt #: 329859 Clerk: c40rmoorma Paying for: Self 1 Transaction Type: Payment a Reference #: 5833 Payment Type: Check $50.00 Comment: Ih Total Paid: $50.00 I Total Received: $50.00 Non-Refundable Change Due: $0.00 Case # Caption i Previous Balance Amount Paid Balance|Due S/T 2023CP4004879 State Of Illinois vs Venitor Agsistance $50.00 $50.00 $0.00 650 ! Program Lic WV il Total Cases: i $50.00 $50.00 $0.00 al Il 1 t {I | yy il h ‘ if 4 4 ty i Hi i t i! i ReceiptMULTICasexpt V6.1 i