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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
NOTICE OF FILING OF SUBPOENA $2 (WITHOUT SERVICE RETURN)
April 4,2023 14:29
By: DAVID M. PARIS 0001358
Confirmation Nbr. 2820701
DEBRA NAMONSKE, ADMINISTRATOR CV 22 969633
vs.
Judge: MICHAEL P. SHAUGHNESSY
UNIVAR SOLUTIONS USA, INC., ET AL.
Pages Filed: 2
Electronically Filed 04/04/2023 14:29 / SERVICE / CV 22 969633 / Confirmation Nbr. 2820701 / CLNS1
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
DEB__ NAMOSKE, Administrator of the Estate of SHAWN MOORE
Plaintiff/Petitioner No.2S22 CV 9SS6SS___________
vs.
OODJI^^^ SODUTfONS OOSEN, OONNm oh al.
Defendant/Respondent Judge MI~O~el S. SOau~Oneoo~_____
To P l e a s e co n t a ct P l a i n t i IT s c o u n s e l , D a v i d M . P a r i s, u p o n r e ce i p t o O t h i s s u b p o e n a . 2 16-694-5206
Trooper Andrew Sliwoski, #1422___________________________________
Ohio State Highway Patrol_______________________________________
9196 Ohio Route 700
OOSEoohmI OH 4OOO8 ~
YOU ARE COMMANDED to appear in the Court of Common Pleas to testify as witness on behalf of the
(PLAINTIFF/DEFENDANT) in the above entitled case and not depart the Court without leave. Fail not under penalty
of the law. Your appearance is required on the of at o'clock .M. in Courtroom
No. of the:
Justice Center-Court Tower Courthouse Square Cuyahoga County Courthouse
1200 Ontario Street 310 W. Lakeside Avenue One Lakeside Avenue
Cleveland, Ohio 44113 Cleveland, Ohio 44113 Cleveland, Ohio 44113
YOU ARE COMMANDED to appear at the place, date and time specified below to testify at the taking of deposition
in the above case.
smlo Shaho Sigmway PahooE 91OO Omlo Romhe 700| Wlmdam, t~Ot OOO88 S4EO1E2S2S OlSS 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):
^N^ir^ N^^ mh SNim Snmne HimNwam ~mnreh nmmmmhimm nNm dmtm mh mrash mm Ammmmt OOI OmOO Somlvihlm Shmwhl Smhoml
Omlo Shaho Highw^ SOhOol, Oh96 f~moe RoPe 000, WimOamI OS OOOO8
PLACE DATE OEShO2S
S4/1 TIMESM
O l00
YOU ARE COMMANDED to permit inspection of the following premises at the date and time spe cified 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.
Loole J. 00^ 65~ Svernh~S Rdm Sulhe 1^, CorpuoCOrIshII TX ^4^
ATTORNEY NAME ADDRESS
/s/ Louie J. Cook Plalnhl1m hesN03Nsnms3
SIGNATURE REPRESENTING DATE
Cuyahoga County, Clerk of Courts
Electronically Filed 04/04/2023 14:29 / SERVICE / CV 22 969633 / Confir . 2820701 / CLNS1 Clerk
By: X
THE STATE OF OHIO
ss.
Cuyahoga County
Affidavit of Service of Subpoena by Sheriff or Officer, Attorney or Private Person
On the day of , 20 .
I served this Subpoena on the within named:
as follows:
SHERIFF'S FEES
Service on $ By
Deputy Sheriff/Attorney
Copy
Miles Travel Subscribed and sworn to before me, a
Return
$ This day of , 20
Witness entitled to miles
RULE 45. RULES OF CIVIL PROCEDURE, PARTS C & D
(C) Protection of persons subject to subpoenas. (1) A party or an attorney responsible (D) Duties in responding to subpoena. (1) A person responding to a subpoena to
for the issuance and service of a subpoena shall take reasonable steps to avoid produce documents shall, at the person's option, produce them as they are kept in
imposing undue burden or expense on a person subject to that subpoena. (2)(a) A the usual course of business or organized and labeled to correspond with the
person commanded to produce under divisions (A)(1)(b), (iii), (iv), (v), or (vi) of this categories in the subpoena. A person producing documents or electronically stored
rule need not appear in person at the place of production or inspection unless information pursuant to a subpoena for them shall permit their inspection and
commanded to attend and give testimony at a deposition, hearing, or trial. (b) Subject copying by all parties present at the time and place set in the subpoena for inspection
to division and copying. (2) If a request does not specify the form or forms for producing
(D) (2) of this rule, a person commanded to produce under divisions (A)(1)(b), (iii), electronically stored information, a person responding to a subpoena may produce
(iv), (v), or (vi) of this rule may, within fourteen days after service of the subpoena or the information in a form or forms in which the information is ordinarily maintained if
before the time specified for compliance if such time is less than fourteen days after that form is reasonably useable, or in any form that is reasonably useable. Unless
service, serve upon the party or attorney designated in the subpoena written ordered by the court or agreed to by the person subpoenaed, a person responding to
objections to production. If objection is made, the party serving the subpoena shall a subpoena need not produce the same electronically stored information in more
not be entitled to production except pursuant to an order of the court by which the than one form. (3) A person need not provide discovery of electronically stored
subpoena was issued. If objection has been made, the party serving the subpoena, information when the production imposes undue burden or expense. On motion to
upon notice to the person commanded to produce, may move at any time for an order compel discovery or for a protective order, the person from whom electronically
to compel the production. An order to compel production shall protect any person stored information is sought must show that the information is not reasonably
who is not a party or an officer of a party from significant expense resulting from the accessible because of undue burden or expense. If a showing of undue burden or
production commanded. (3) On timely motion, the court from which the subpoena expense is made, the court may nonetheless order production of electronically stored
was issued shall quash or modify the subpoena, or order appearance or production information if the requesting party shows good cause. The court shall consider the
only 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. In ordering
allow reasonable time to comply; (b) Requires disclosure of privileged or otherwise production of electronically stored information, the court may specify the format,
protected matter and no exception or waiver applies; (c) Requires disclosure of a fact extent, timing, allocation of expenses and other conditions for the discovery of the
known or opinion held by an expert not retained or specially employed by any party in electronically stored information. (4) When information subject to a subpoena is
anticipation of litigation or preparation for trial as described by Civ.R. 26(b)(5), if the withheld on a claim that it is privileged or subject to protection as trial preparation
fact or opinion does not describe specific events or occurrences in dispute and results materials, the claim shall be made expressly and shall be supported by a description of
from study by that expert that was not made at the request of any party; (d) Subjects the nature of the documents, communications, or things not produced that is
a person to undue burden. sufficient to enable the demanding party to contest the claim. (5) If information is
(4) Before filing a motion pursuant to division (C)(3)(d) of this rule, a person resisting produced in response to a subpoena that is subject to a claim of privilege or of
discovery under this rule shall attempt to resolve any claim of undue burden through protection as trial-preparation material, the person making the claim may notify any
discussions with the issuing attorney. A motion filed pursuant to division (C)(3)(d) of party that received the information of the claim and the basis for it. After being
this rule shall be supported by an affidavit of the subpoenaed person or a certificate of notified, a receiving party must promptly return, sequester, or destroy the specified
that person's attorney of the efforts made to resolve any claim of undue burden. (5) If information and any copies within the party's possession, custody or control. A party
a motion is made under division (C)(3)(c) or (C)(3)(d) of this rule, the court shall quash may not use or disclose the information until the claim is resolved. A receiving party
or modify the subpoena unless the party in whose behalf the subpoena is issued may promptly present the information to the court under seal for a determination of
shows the claim of privilege or of protection as trial-preparation material. If the receiving
a substantial need for the testimony or material that cannot be otherwise met without party disclosed the information before being notified, it must take reasonable steps to
undue hardship and assures that the person to whom the subpoena is addressed will retrieve it. The person who produced the information must preserve the information
be reasonably compensated. until the claim is resolved.
Revised As Of 10/2018
Electronically Filed 04/04/2023 14:29 / SERVICE / CV 22 969633 / Confirmation Nbr. 2820701 / CLNS1
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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas NOTICE OF FILING OF SUBPOENA $2 (WITHOUT SERVICE RETURN) April 4,2023 14:29 By: DAVID M. PARIS 0001358 Confirmation Nbr. 2820701 DEBRA NAMONSKE, ADMINISTRATOR CV 22 969633 vs. Judge: MICHAEL P. SHAUGHNESSY UNIVAR SOLUTIONS USA, INC., ET AL. Pages Filed: 2 Electronically Filed 04/04/2023 14:29 / SERVICE / CV 22 969633 / Confirmation Nbr. 2820701 / CLNS1 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 DEB__ NAMOSKE, Administrator of the Estate of SHAWN MOORE Plaintiff/Petitioner No.2S22 CV 9SS6SS___________ vs. OODJI^^^ SODUTfONS OOSEN, OONNm oh al. Defendant/Respondent Judge MI~O~el S. SOau~Oneoo~_____ To P l e a s e co n t a ct P l a i n t i IT s c o u n s e l , D a v i d M . P a r i s, u p o n r e ce i p t o O t h i s s u b p o e n a . 2 16-694-5206 Trooper Andrew Sliwoski, #1422___________________________________ Ohio State Highway Patrol_______________________________________ 9196 Ohio Route 700 OOSEoohmI OH 4OOO8 ~ YOU ARE COMMANDED to appear in the Court of Common Pleas to testify as witness on behalf of the (PLAINTIFF/DEFENDANT) in the above entitled case and not depart the Court without leave. Fail not under penalty of the law. Your appearance is required on the of at o'clock .M. in Courtroom No. of the: Justice Center-Court Tower Courthouse Square Cuyahoga County Courthouse 1200 Ontario Street 310 W. Lakeside Avenue One Lakeside Avenue Cleveland, Ohio 44113 Cleveland, Ohio 44113 Cleveland, Ohio 44113 YOU ARE COMMANDED to appear at the place, date and time specified below to testify at the taking of deposition in the above case. smlo Shaho Sigmway PahooE 91OO Omlo Romhe 700| Wlmdam, t~Ot OOO88 S4EO1E2S2S OlSS 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): ^N^ir^ N^^ mh SNim Snmne HimNwam ~mnreh nmmmmhimm nNm dmtm mh mrash mm Ammmmt OOI OmOO Somlvihlm Shmwhl Smhoml Omlo Shaho Highw^ SOhOol, Oh96 f~moe RoPe 000, WimOamI OS OOOO8 PLACE DATE OEShO2S S4/1 TIMESM O l00 YOU ARE COMMANDED to permit inspection of the following premises at the date and time spe cified 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. Loole J. 00^ 65~ Svernh~S Rdm Sulhe 1^, CorpuoCOrIshII TX ^4^ ATTORNEY NAME ADDRESS /s/ Louie J. Cook Plalnhl1m hesN03Nsnms3 SIGNATURE REPRESENTING DATE Cuyahoga County, Clerk of Courts Electronically Filed 04/04/2023 14:29 / SERVICE / CV 22 969633 / Confir . 2820701 / CLNS1 Clerk By: X THE STATE OF OHIO ss. Cuyahoga County Affidavit of Service of Subpoena by Sheriff or Officer, Attorney or Private Person On the day of , 20 . I served this Subpoena on the within named: as follows: SHERIFF'S FEES Service on $ By Deputy Sheriff/Attorney Copy Miles Travel Subscribed and sworn to before me, a Return $ This day of , 20 Witness entitled to miles RULE 45. RULES OF CIVIL PROCEDURE, PARTS C & D (C) Protection of persons subject to subpoenas. (1) A party or an attorney responsible (D) Duties in responding to subpoena. (1) A person responding to a subpoena to for the issuance and service of a subpoena shall take reasonable steps to avoid produce documents shall, at the person's option, produce them as they are kept in imposing undue burden or expense on a person subject to that subpoena. (2)(a) A the usual course of business or organized and labeled to correspond with the person commanded to produce under divisions (A)(1)(b), (iii), (iv), (v), or (vi) of this categories in the subpoena. A person producing documents or electronically stored rule need not appear in person at the place of production or inspection unless information pursuant to a subpoena for them shall permit their inspection and commanded to attend and give testimony at a deposition, hearing, or trial. (b) Subject copying by all parties present at the time and place set in the subpoena for inspection to division and copying. (2) If a request does not specify the form or forms for producing (D) (2) of this rule, a person commanded to produce under divisions (A)(1)(b), (iii), electronically stored information, a person responding to a subpoena may produce (iv), (v), or (vi) of this rule may, within fourteen days after service of the subpoena or the information in a form or forms in which the information is ordinarily maintained if before the time specified for compliance if such time is less than fourteen days after that form is reasonably useable, or in any form that is reasonably useable. Unless service, serve upon the party or attorney designated in the subpoena written ordered by the court or agreed to by the person subpoenaed, a person responding to objections to production. If objection is made, the party serving the subpoena shall a subpoena need not produce the same electronically stored information in more not be entitled to production except pursuant to an order of the court by which the than one form. (3) A person need not provide discovery of electronically stored subpoena was issued. If objection has been made, the party serving the subpoena, information when the production imposes undue burden or expense. On motion to upon notice to the person commanded to produce, may move at any time for an order compel discovery or for a protective order, the person from whom electronically to compel the production. An order to compel production shall protect any person stored information is sought must show that the information is not reasonably who is not a party or an officer of a party from significant expense resulting from the accessible because of undue burden or expense. If a showing of undue burden or production commanded. (3) On timely motion, the court from which the subpoena expense is made, the court may nonetheless order production of electronically stored was issued shall quash or modify the subpoena, or order appearance or production information if the requesting party shows good cause. The court shall consider the only 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. In ordering allow reasonable time to comply; (b) Requires disclosure of privileged or otherwise production of electronically stored information, the court may specify the format, protected matter and no exception or waiver applies; (c) Requires disclosure of a fact extent, timing, allocation of expenses and other conditions for the discovery of the known or opinion held by an expert not retained or specially employed by any party in electronically stored information. (4) When information subject to a subpoena is anticipation of litigation or preparation for trial as described by Civ.R. 26(b)(5), if the withheld on a claim that it is privileged or subject to protection as trial preparation fact or opinion does not describe specific events or occurrences in dispute and results materials, the claim shall be made expressly and shall be supported by a description of from study by that expert that was not made at the request of any party; (d) Subjects the nature of the documents, communications, or things not produced that is a person to undue burden. sufficient to enable the demanding party to contest the claim. (5) If information is (4) Before filing a motion pursuant to division (C)(3)(d) of this rule, a person resisting produced in response to a subpoena that is subject to a claim of privilege or of discovery under this rule shall attempt to resolve any claim of undue burden through protection as trial-preparation material, the person making the claim may notify any discussions with the issuing attorney. A motion filed pursuant to division (C)(3)(d) of party that received the information of the claim and the basis for it. After being this rule shall be supported by an affidavit of the subpoenaed person or a certificate of notified, a receiving party must promptly return, sequester, or destroy the specified that person's attorney of the efforts made to resolve any claim of undue burden. (5) If information and any copies within the party's possession, custody or control. A party a motion is made under division (C)(3)(c) or (C)(3)(d) of this rule, the court shall quash may not use or disclose the information until the claim is resolved. A receiving party or modify the subpoena unless the party in whose behalf the subpoena is issued may promptly present the information to the court under seal for a determination of shows the claim of privilege or of protection as trial-preparation material. If the receiving a substantial need for the testimony or material that cannot be otherwise met without party disclosed the information before being notified, it must take reasonable steps to undue hardship and assures that the person to whom the subpoena is addressed will retrieve it. The person who produced the information must preserve the information be reasonably compensated. until the claim is resolved. Revised As Of 10/2018 Electronically Filed 04/04/2023 14:29 / SERVICE / CV 22 969633 / Confirmation Nbr. 2820701 / CLNS1