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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Dermot Cawley, ef al., Case No. 19-CV-006074
Plaintiffs, Judge Julie M. Lynch
Vv
Vorys, Sater, Seymour and Pease LLP, et al.,
Defendants.
DEFENDANT’S NOTICE OF ISSUANCE AND SERVICE OF SUBPOENA
Defendant Vorys, Sater, Seymour and Pease respectfully provides notice of the issuance
and service of a subpoena upon Cooper & Elliott, LLC. A copy of the subpoena is attached
hereto as Exhibit 1.
Respectfully submitted,
/s/ Jonathan P. Corwin
James E. Arnold (0037712)
Jonanthan P. Corwin (0075056)
ARNOLD & CLIFFORD LLP
115 West Main Street, 4th Floor
Columbus, Ohio 43215
Tel: (614) 460-1600
Email: jarnold@arnlaw.com
jcorwin@arnlaw.com
Counsel for Defendant Vorys, Sater, Seymour
and Pease LLP
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CERTIFICATE OF SERVICE
This is to certify that on November 1, 2023, a copy of the foregoing Notice of Issuance
and Service of Subpoena was filed electronically. Notice of this filing will be sent to all parties
by operation of the Court’s electronic filing system. Parties may access this filing through the
Court’s system
In addition, copies have been sent by regular U.S. Mail to the following:
Patrizia Cawley
155 Kentworth Circle
Milton, Georgia 30004
Global Mill Supply, Inc., and
Cawley JV, LLC
c/o Dermot Cawley, Registered Agent
3968 Wardell Place
Orlando, Florida 32814
And, upon the following via email
Patrick Kasson
Jackie Jewell
REMINGER CO., LPA
200 Civic Center Drive, Suite 800
Columbus, Ohio 43215
pkasson@reminger.com
jiewell@reminger.com
Counsel
for Cooper & Elliott, LLC
s/ Jonathan P. Corwin
Jonathan P. Corwin
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074
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COURT OF COMMON PLEAS, FRANKLI COUNTY, OHIO
Subpoena - Civil
Dermot Cawley, ef al.
Plaintiff/Petitioner Case No. 19-CV-6074
-VS/AND (Example: LICV0142345)
Vorys, Sater, eymour and Pease LLP.
C1 scpo
Defendant/Petitioner
The State of Ohio, Franklin Cou
To: & Attorney (] Process Server Sheuiff of County, Olio Gre gs:
YOU ARE HEREBY COMMANDED TO SUBPOENA THE FOLLOWING JED PERSON, To wit:
© Person Business
Cooper & Elliott LLC cio Patrick Kasson
Last Name / Business Name Street Address:
200 Civic Center Drive, Suite 800
First Name Middle Int Designation Address Lit ine 2
Address Line 3
Columous Ohio 43245
City State Zip Code
To be and appear befere-the-Court-of Commoen-Pleas- of the-Comnty-of-Fras Hin;-General-Divisio 345--South- Hig Street;
Gohunibus--Ghio-$3245--OR at Arnold & Clifford, LLP, 115 W. Main St, 4th Fl, Columbus, OH 43215. on the 22nd day of
Location
November 20 23 t 12:00 o'clock Bum. of said day in courtroom to
ATTEND AND GIV IMONY AT A. RING OR Di TION ©} D. A DA PHE > ABOVE A
NONPARTY ORGAN! ION, PL H THE ING PAR’ GNAT SIN{S} WHO WILL T 1F
ATTEND AND PRE OCT ECTRONICAL! RED SRM ATION OR TANGIBLE THINGS ATRIAL, HEARING OR
DI NO} ATE ID AT PT THE PLACE SP ETE ABQ
fi] PRODUCE AND PEI Ti AND Ct , ON TE DA AND E TIM AND PLACE TED ABOVE ANY
DE ATED DOC NTS RONICALLY STORED IN MATIO! HAT A! IN YOUR POSSESS! YY OR CONTR!
Oo PRODUCE ND PERM INS! TIGN AND COPYING. TING OR SAMI ING. i THE DA NO AT THE ND PLA TPE
ABOVE, ANY TANGIB! HING! THAT ARE IN YOUR POSSESSIO CUSTODY OR CONTROL,
ye MIT YY UPON THE FOLLOW! GDI RIBE AND OR OTHE PROPERTY, FOR. Uy RG [BED IN CIV. R. 34¢ AG 33,
AKS ON
BAI ND Al TIME SPECIFIED BOV
DESCRIPTION OF LAND OR OTHER PREMISES:
SCRIPTION OF Tf MS TO B PRODUC
See Attachment A.
wuse One
Jonathan Corwin 18 W. Main St, 4th Fi Colurnbus, OH 43215 (614) 460-1600 0075056
Attorne ‘Address/Phone # (Required) Supreme Court # £1) Plain ff
Defendant
WITNESS my hand and seal of said court Maryelien O'Shaughnessy, Clerk of Court of Comman Pleas Other (Specify EXHINT
st a
ta X. A eo Maoany «
SHERIFF FEES RETURN OF SERVICE
/01/2023
Service 1 ceived this subpoena on and served the above named patty
Mileage by email to Patrick Kasson (pkasso minger.com) on EL/O1/2023
Copy i was unable to complete service for the following reason:
Total
a
sh
Signsture of Se p Party
eve: 1 Deputy sift EY Antomey C1] Process Server £1 Deputy Clerk
COC-CV-78 (Rev. 7- 23)
NOTE: Read all information on the second page of this subpoena
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074
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CIVIL RULE 45 (C} PROTECTION OF PERSONS SUBJECT TO SUBPOENAS
A party or an aitomey respon: for the issuance and service of a subpoena shail take reasonable steps to avoid imposing undue
uaden or expense on a person subject to thal subpoena.
(a)A person commanded to produce under divisions (a)(1)(b)(ii}, (iii), {iv}, or (v) of this = need not appear in person at the place of
produs ion or inspection unless commanded to attend and give iestimony ai a depesition, hear! or teal.
(b) Subject to division (d){2) of this rule, a person commanded to produce under divisions (a}{1)(b) {i }, (iii), @v), or (v) of this rule may,
within fourteen days after service of the subpoena or before @ specified for campliance if such time is jess than fourteen
days fer service, serve upon the party or attorney designated in the subpoena wr len objections to production. if objection is
made party serving the subpoena shail not be entitled to production except pursuant to an order he court by which the
subpoena was issued. if objection has been made, the party serving the subpoena, upon notice to ti person commanded to
produce, may move at any time for an order to compel the production. An order to compel production shall protect any person who
is not a party or an officer 0! party from significant expense resu ing from the production commanded.
On timely motion, the cou fr om which the subpoena was issued shail quash or modify the subpoena, or order appearance or pro-
duction only under specified conditions, if ihe subpoena does any of the following:
(a) Fails to allow reasonable time to comply;
(b) Require es disclosure of privileged or otherwise protec’ fed matter and no exception or waiver apr
(c) Requires disclosure of a fact known or opinion held by an expert not retained or specia' employed by any party in anticipation of
litigation or preparation for trial as described by Civ. R. 26(8)(5), if the fact or opinion does not describe specific events or occur-
rences in dispute and results from study by that expert that was not made at the reque: f any party;
(d) Subjects a person to undue burden.
Before filing a motion pursuant to divi ni (C)(3) f this rule, a person resisting discovery under this rule shail attempt to solve an
claim of undue burden through discussions with the suing attorney. A motion filed pursuant to division (c}(3){d) of this rule shall be
supported by an affidavit of the subpoenaed person or a certificate of that person’ ttomey of the efforts made to resolve any claim
of undue burden
fa motion is made under divi (}{3)(c) or (c}{3)(c} of this rule, the court shall quash or modify the subpoena unless the party in
whose behalf the subpoena i: sued shows 3 subsiant eed fo testimony or material that cannot be otherwise met without
undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensaied
CIVIL RULE 45 (D} DUTIES IN RESPONDING TO SUBPOENA.
A person responding to a subpoena to produce documents shail, at the person's option, produce them as they are kept in the usual
course of business or organized and iabeled to correspond with the categories in the subpoena. A person producing dacurnents or
electronically stored information pursuant to a subpoena for them shall permit their inspection and copying by all parties present at
the © and place set in the subpoena for inspection and copying
ifa request does not specify the form or form: for producing trortically sicred information, a person respon to a subpoe-
na may produce the formation in a form or forms in which the inforrnation is ordinarily maintained if that form is reasonably useable.
or in any form that is reasonably useable. Unless ordered by court or agreed to by the person subpoenaed person responding
to a subpoena need not produce the same electronically store formation in more than one form.
33. Aperson need not provide discovery o! tronica stored information when the production impo: s undue burden or expense. On
motion to compel iscevery or for a protect e order, the person from whom elestre: ally stored information is sought must show
that the infor: jon not reasonably accessible because of undue den or expense. showing of undue burden or expense
is made, the court may nonetheless order production of ‘onics iored information e requesting party shows good cause.
The court shi consider the factorsin civ. R. 26(0}(4) n determining if good cause exists. In ordering production of elecironically
stored information, the court may specify the format, exter ocation of expenses and other condifions for the discovery of
the electronically stored information.
Whe: rmation subject to a subpoena is \ Reid on a ciaim that it is privileged or subject to protection as trial preparation mate-
Hak the claim shall be made expressly and shail be supported by a description of the nature of the documents, comm tions, oF
things not produced that uficient to enable the demanding party to contest the claim.
information is produced in sponse to a subpoena that is subject to a claim of privilege or of protection as trial-preparati ion materi-
, the person making the claim may n any party thi ceived the information n@ Claim and the basis for it. After being notified,
a receiving party must promptly return, seques' r destroy th specified inforn: fon and any copies within the parly’s possession,
custody or control. A party may not use or disc! he infermaii until the claim is resolved. A receiving part may prony present
the information to the court under seal for a determination of the claim of privilege or ‘otection as triai-prepar n material
rec ing party disclosed the informa’ ion before being ied, it must take reasonable steps to r eve it. The person who produced
the i rmation must preserve information ui mis resolved
COC-DR-82 (Rev. 9-2018)
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074
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ATTACHMENT A
DEFINITIONS
As used in these Requests, the following definitions apply, regardless of the capitalization
of these terms:
“You,” or “Your” refers to Cooper & Elliott, LLC, along with the attorneys who
performed work in the Lawsuit, including but not limited to Rex Elliott, Barton Keyes, Sean Alto,
Melanie Lennon, and Jeffrey Kenney.
>
2 “Mrs. Cawley” refers to Plaintiff Patty Cawley, as well as any agents, employees,
representatives, and any and all persons acting or purporting to act on her behalf.
3
“Mr. Cawley” refer to Plaintiff Dermot Cawley, as well as any agents, employees,
representatives, and any and all persons acting or purporting to act on his behalf.
4 “Cawley JV” refers to Plaintiff Cawley SV LLC as well as its members, managers,
agents, employees, independent contractors, attorneys, consultants, experts, investigators, and any
other person acting for or on its behalf.
55. “GMS” refers to Plaintiff Global Mill Supply, Inc., as well as its owners,
hareholders, executives, agents, employees, independent contractors, attorneys, consultants,
experts, investigators, and any other person acting for or on its behalf.
6. “Plaintiffs” collectively refer to Mr. Cawley, Mrs. Cawley, GMS and Cawley FV,
as well as owners, shareholders, executives, agents, employees, independent contractors,
attorneys, consultants, experts, investigators, and any other person acting for or on their behalf.
7 “Vorys” or “Defendant” refers to Defendant Vorys, Sater, Seymour and Pease LLP,
as well as any agents, employees, representatives, and any and all persons acting or purporting to
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074
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act on its behalf. This includes, but is not limited to voluntarily dismissed Defendants Rajeev K.
Adlakha, Anthony J. O’Malley and Kari B. Coniglio.
8 “Quinn Emanuel” refers to Quinn Emanuel Urquhart & Sullivan, LLP, as well as
any agents, employees, representatives, and any and all persons acting or purporting to act on its
behalf.
9 “WSR” refers to Wall Street Recycling, LLC, as well as any members, managers,
agents, employees, representatives, and any and all persons acting or purporting to act on its behalf.
10. “WSR JV” refers to the joint venture between WSR on the one hand and GMS and
Cawley JV on the other hand, as alleged and further identified in the First Amended Complaint
i “WSR Litigation” refers to the lawsuit that was filed and litigated in the Cuyahoga
County Court of Common Pleas, Case No. CV-14-829204, between WSR. and Dermot Cawley,
Patty Cawley, GMS and Cawley JV.
12. “Person” or “persons” means individuals and any corporation, partnership, joint
venture, proprietorship, firm, company, governmental entity, unincorporated association,
association of individuals, or any other such entity.
13. “Lawsuit” refers to the lawsuit filed by Plaintiff against Defendant in the Franklin
County Court of Common Pleas, Case No. 19-CV-006074.
14. “First Amended Complaint” refers to the first amended complaint filed by Plaintiff
in the Lawsuit
©
15 “Communication” includes every manner of transmitting or receiving facts,
information, opinions, or thoughts from one person to another person, whether orally, by
documents, writing, email, or copy thereof, and to words transmitted by telephone, radio, or any
method of voice recording.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074
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16. “Document” is used in the broadest sense and includes, but is not limited to, the
following items: invoices; agreements; drafis; electronic and paper communications;
correspondence; emails, text messages; social media messages or posts (including Facebook,
Twitter, Instagram, Snapchat or any other social media platform), telegrams; cables; facsimiles;
memoranda; records, books; financial statements; summaries of records or notes of personal
conversations or interviews; diaries; calendars; forecasts; statistical statements; accountants work
papers; graphs; charts; maps; diagrams; tables; indexes; pictures; recordings; tapes; microfilm;
charge clips; accounts; analytical records; minutes or records of meetings or conferences; reports
and/or summaries of investigations, opinions or reports of consultants; appraisals; reports and/or
summaries of negotiations; brochures; pamphlets; circulars; trade letters; press releases; contracts;
stenographic, handwritten or any other notes; projections; working papers, federal and state
income tax returns; checks, front and back; check stubs or receipts; shipping documents: manifests;
invoice vouchers, computer printouts and computer disks and iapes; and tape data sheets or data
processing cards or disks or any other written, recorded, transcribed, punched, taped, filmed or
graphic matters; however produced or reproduced, including, without limitation, all copies and
duplicates in any form and electronically stored information.
4
1 Wherever appropriate in these Discovery Requests, the singular form of a word
shall include the plural form of the word and the masculine form of a word shall include the
feminine form of the word.
18 The terms “and” as well gs “
as or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of these Discovery Requests any information
which might otherwise be construed to be outside their scope.
19. “Including” shall be construed to mean “without limitation.”
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074
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20. “Relate to,” “related to,” or “relating to” shall be construed in their broadest sense
and shall mean directly or indirectly supporting, evidencing, discussing, describing, setting forth,
mentioning, reflecting, referring to, pertaining to, commenting upon, contradicting, constituting,
comprising, concerning, or having a logical connection with the subject or topic in question, either
in whole or in part
INSTRUCTIONS FOR THE REQUES Ss
1 Where a Discovery Request calls for an answer in more than one part, each part
should be separated in the answer so that itis clearly understandable. To the extent that you believe
any Discovery Request is objectionable, separately state the objection and each ground for the
objection to each sub-part in sufficient detail to allow the Court to adjudicate the merits of your
objection.
2 With respect to any document for which a privilege is being asserted, identify such
document by stating:
{a} The name, title and job or position of document's author;
(b) The name, title and job or position of document's sender,
(©) The name, title and job or position of every person who received or
saw the document or any of its copies;
(dp The date of the decument;
{e) A brief description of the document's subject matter: .>
a The basis for the privilege asserted; and
(g) The name, title and job or position of all persons on whose behalf the
privilege is asserted
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REQUESTS FOR PRODUCTION OF DOCUMENTS
Please produce the following:
i Your engagement agreement with Plaintiffs. Your response should include, but is not
limited to, any contingency fee agreements, fee agreements, statements of rights, or similar documents
laying out the terms by which You would represent Plaintiffs in this Lawsuit.
RESPONSE:
22 All Documents that reflect any amount Plaintiffs owe and/or owed You in connection with
Your representation of them in this Lawsuit. Your response should include, but is not limited to, invoices,
bills, statements. and any similar documents recording or identifying arnounts paid to You and/or which
Plaintiffs will ultimately be responsible for.
RESPONSE:
33 All Exhibits You intend to use or introduce at the Sanctions / Fee hearing currently
scheduled for December 13 and 14, 2023.
RESPONSE:
4 AH Documents that reflect communications You had with anyone at Quinn Emanuel about
(1) the potential of suing Vorys for malpractice on behalf of Plaintiffs, and/or (2) the Lawsuit.
RESPONSE:
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074
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35 All Documents that reflect communications You had with anyone at FirstMerit Bank about
(1) the potential of suing Vorys for malpractice on behalf of Plaimtiffs. and/or (2) the Lawsuit Your
response should include, but is not limited to, communications with Joseph Bilinovich
RESPONSE:
6 All Documents that reflect communications You had with anyone at WSR about (4) the
potential of suing Vorys for malpractice on behalf of Plaintiffs, and/or (2) the Lawsuit. Your response
should include, but is not limited to, communications with Michael Ambrose
RESPONSE:
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 O0G605 - O7 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Dermot Cawley, ef al., Case No. 19-CV-006074 Plaintiffs, Judge Julie M. Lynch Vv Vorys, Sater, Seymour and Pease LLP, et al., Defendants. DEFENDANT’S NOTICE OF ISSUANCE AND SERVICE OF SUBPOENA Defendant Vorys, Sater, Seymour and Pease respectfully provides notice of the issuance and service of a subpoena upon Cooper & Elliott, LLC. A copy of the subpoena is attached hereto as Exhibit 1. Respectfully submitted, /s/ Jonathan P. Corwin James E. Arnold (0037712) Jonanthan P. Corwin (0075056) ARNOLD & CLIFFORD LLP 115 West Main Street, 4th Floor Columbus, Ohio 43215 Tel: (614) 460-1600 Email: jarnold@arnlaw.com jcorwin@arnlaw.com Counsel for Defendant Vorys, Sater, Seymour and Pease LLP Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 O0G605 - O7 CERTIFICATE OF SERVICE This is to certify that on November 1, 2023, a copy of the foregoing Notice of Issuance and Service of Subpoena was filed electronically. Notice of this filing will be sent to all parties by operation of the Court’s electronic filing system. Parties may access this filing through the Court’s system In addition, copies have been sent by regular U.S. Mail to the following: Patrizia Cawley 155 Kentworth Circle Milton, Georgia 30004 Global Mill Supply, Inc., and Cawley JV, LLC c/o Dermot Cawley, Registered Agent 3968 Wardell Place Orlando, Florida 32814 And, upon the following via email Patrick Kasson Jackie Jewell REMINGER CO., LPA 200 Civic Center Drive, Suite 800 Columbus, Ohio 43215 pkasson@reminger.com jiewell@reminger.com Counsel for Cooper & Elliott, LLC s/ Jonathan P. Corwin Jonathan P. Corwin Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 0G605 o7 COURT OF COMMON PLEAS, FRANKLI COUNTY, OHIO Subpoena - Civil Dermot Cawley, ef al. Plaintiff/Petitioner Case No. 19-CV-6074 -VS/AND (Example: LICV0142345) Vorys, Sater, eymour and Pease LLP. C1 scpo Defendant/Petitioner The State of Ohio, Franklin Cou To: & Attorney (] Process Server Sheuiff of County, Olio Gre gs: YOU ARE HEREBY COMMANDED TO SUBPOENA THE FOLLOWING JED PERSON, To wit: © Person Business Cooper & Elliott LLC cio Patrick Kasson Last Name / Business Name Street Address: 200 Civic Center Drive, Suite 800 First Name Middle Int Designation Address Lit ine 2 Address Line 3 Columous Ohio 43245 City State Zip Code To be and appear befere-the-Court-of Commoen-Pleas- of the-Comnty-of-Fras Hin;-General-Divisio 345--South- Hig Street; Gohunibus--Ghio-$3245--OR at Arnold & Clifford, LLP, 115 W. Main St, 4th Fl, Columbus, OH 43215. on the 22nd day of Location November 20 23 t 12:00 o'clock Bum. of said day in courtroom to ATTEND AND GIV IMONY AT A. RING OR Di TION ©} D. A DA PHE > ABOVE A NONPARTY ORGAN! ION, PL H THE ING PAR’ GNAT SIN{S} WHO WILL T 1F ATTEND AND PRE OCT ECTRONICAL! RED SRM ATION OR TANGIBLE THINGS ATRIAL, HEARING OR DI NO} ATE ID AT PT THE PLACE SP ETE ABQ fi] PRODUCE AND PEI Ti AND Ct , ON TE DA AND E TIM AND PLACE TED ABOVE ANY DE ATED DOC NTS RONICALLY STORED IN MATIO! HAT A! IN YOUR POSSESS! YY OR CONTR! Oo PRODUCE ND PERM INS! TIGN AND COPYING. TING OR SAMI ING. i THE DA NO AT THE ND PLA TPE ABOVE, ANY TANGIB! HING! THAT ARE IN YOUR POSSESSIO CUSTODY OR CONTROL, ye MIT YY UPON THE FOLLOW! GDI RIBE AND OR OTHE PROPERTY, FOR. Uy RG [BED IN CIV. R. 34¢ AG 33, AKS ON BAI ND Al TIME SPECIFIED BOV DESCRIPTION OF LAND OR OTHER PREMISES: SCRIPTION OF Tf MS TO B PRODUC See Attachment A. wuse One Jonathan Corwin 18 W. Main St, 4th Fi Colurnbus, OH 43215 (614) 460-1600 0075056 Attorne ‘Address/Phone # (Required) Supreme Court # £1) Plain ff Defendant WITNESS my hand and seal of said court Maryelien O'Shaughnessy, Clerk of Court of Comman Pleas Other (Specify EXHINT st a ta X. A eo Maoany « SHERIFF FEES RETURN OF SERVICE /01/2023 Service 1 ceived this subpoena on and served the above named patty Mileage by email to Patrick Kasson (pkasso minger.com) on EL/O1/2023 Copy i was unable to complete service for the following reason: Total a sh Signsture of Se p Party eve: 1 Deputy sift EY Antomey C1] Process Server £1 Deputy Clerk COC-CV-78 (Rev. 7- 23) NOTE: Read all information on the second page of this subpoena Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 0G605 - o7 CIVIL RULE 45 (C} PROTECTION OF PERSONS SUBJECT TO SUBPOENAS A party or an aitomey respon: for the issuance and service of a subpoena shail take reasonable steps to avoid imposing undue uaden or expense on a person subject to thal subpoena. (a)A person commanded to produce under divisions (a)(1)(b)(ii}, (iii), {iv}, or (v) of this = need not appear in person at the place of produs ion or inspection unless commanded to attend and give iestimony ai a depesition, hear! or teal. (b) Subject to division (d){2) of this rule, a person commanded to produce under divisions (a}{1)(b) {i }, (iii), @v), or (v) of this rule may, within fourteen days after service of the subpoena or before @ specified for campliance if such time is jess than fourteen days fer service, serve upon the party or attorney designated in the subpoena wr len objections to production. if objection is made party serving the subpoena shail not be entitled to production except pursuant to an order he court by which the subpoena was issued. if objection has been made, the party serving the subpoena, upon notice to ti person commanded to produce, may move at any time for an order to compel the production. An order to compel production shall protect any person who is not a party or an officer 0! party from significant expense resu ing from the production commanded. On timely motion, the cou fr om which the subpoena was issued shail quash or modify the subpoena, or order appearance or pro- duction only under specified conditions, if ihe subpoena does any of the following: (a) Fails to allow reasonable time to comply; (b) Require es disclosure of privileged or otherwise protec’ fed matter and no exception or waiver apr (c) Requires disclosure of a fact known or opinion held by an expert not retained or specia' employed by any party in anticipation of litigation or preparation for trial as described by Civ. R. 26(8)(5), if the fact or opinion does not describe specific events or occur- rences in dispute and results from study by that expert that was not made at the reque: f any party; (d) Subjects a person to undue burden. Before filing a motion pursuant to divi ni (C)(3) f this rule, a person resisting discovery under this rule shail attempt to solve an claim of undue burden through discussions with the suing attorney. A motion filed pursuant to division (c}(3){d) of this rule shall be supported by an affidavit of the subpoenaed person or a certificate of that person’ ttomey of the efforts made to resolve any claim of undue burden fa motion is made under divi (}{3)(c) or (c}{3)(c} of this rule, the court shall quash or modify the subpoena unless the party in whose behalf the subpoena i: sued shows 3 subsiant eed fo testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensaied CIVIL RULE 45 (D} DUTIES IN RESPONDING TO SUBPOENA. A person responding to a subpoena to produce documents shail, at the person's option, produce them as they are kept in the usual course of business or organized and iabeled to correspond with the categories in the subpoena. A person producing dacurnents or electronically stored information pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the © and place set in the subpoena for inspection and copying ifa request does not specify the form or form: for producing trortically sicred information, a person respon to a subpoe- na may produce the formation in a form or forms in which the inforrnation is ordinarily maintained if that form is reasonably useable. or in any form that is reasonably useable. Unless ordered by court or agreed to by the person subpoenaed person responding to a subpoena need not produce the same electronically store formation in more than one form. 33. Aperson need not provide discovery o! tronica stored information when the production impo: s undue burden or expense. On motion to compel iscevery or for a protect e order, the person from whom elestre: ally stored information is sought must show that the infor: jon not reasonably accessible because of undue den or expense. showing of undue burden or expense is made, the court may nonetheless order production of ‘onics iored information e requesting party shows good cause. The court shi consider the factorsin civ. R. 26(0}(4) n determining if good cause exists. In ordering production of elecironically stored information, the court may specify the format, exter ocation of expenses and other condifions for the discovery of the electronically stored information. Whe: rmation subject to a subpoena is \ Reid on a ciaim that it is privileged or subject to protection as trial preparation mate- Hak the claim shall be made expressly and shail be supported by a description of the nature of the documents, comm tions, oF things not produced that uficient to enable the demanding party to contest the claim. information is produced in sponse to a subpoena that is subject to a claim of privilege or of protection as trial-preparati ion materi- , the person making the claim may n any party thi ceived the information n@ Claim and the basis for it. After being notified, a receiving party must promptly return, seques' r destroy th specified inforn: fon and any copies within the parly’s possession, custody or control. A party may not use or disc! he infermaii until the claim is resolved. A receiving part may prony present the information to the court under seal for a determination of the claim of privilege or ‘otection as triai-prepar n material rec ing party disclosed the informa’ ion before being ied, it must take reasonable steps to r eve it. The person who produced the i rmation must preserve information ui mis resolved COC-DR-82 (Rev. 9-2018) Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 0G605 - O7 ATTACHMENT A DEFINITIONS As used in these Requests, the following definitions apply, regardless of the capitalization of these terms: “You,” or “Your” refers to Cooper & Elliott, LLC, along with the attorneys who performed work in the Lawsuit, including but not limited to Rex Elliott, Barton Keyes, Sean Alto, Melanie Lennon, and Jeffrey Kenney. > 2 “Mrs. Cawley” refers to Plaintiff Patty Cawley, as well as any agents, employees, representatives, and any and all persons acting or purporting to act on her behalf. 3 “Mr. Cawley” refer to Plaintiff Dermot Cawley, as well as any agents, employees, representatives, and any and all persons acting or purporting to act on his behalf. 4 “Cawley JV” refers to Plaintiff Cawley SV LLC as well as its members, managers, agents, employees, independent contractors, attorneys, consultants, experts, investigators, and any other person acting for or on its behalf. 55. “GMS” refers to Plaintiff Global Mill Supply, Inc., as well as its owners, hareholders, executives, agents, employees, independent contractors, attorneys, consultants, experts, investigators, and any other person acting for or on its behalf. 6. “Plaintiffs” collectively refer to Mr. Cawley, Mrs. Cawley, GMS and Cawley FV, as well as owners, shareholders, executives, agents, employees, independent contractors, attorneys, consultants, experts, investigators, and any other person acting for or on their behalf. 7 “Vorys” or “Defendant” refers to Defendant Vorys, Sater, Seymour and Pease LLP, as well as any agents, employees, representatives, and any and all persons acting or purporting to Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 0G605 - O7 act on its behalf. This includes, but is not limited to voluntarily dismissed Defendants Rajeev K. Adlakha, Anthony J. O’Malley and Kari B. Coniglio. 8 “Quinn Emanuel” refers to Quinn Emanuel Urquhart & Sullivan, LLP, as well as any agents, employees, representatives, and any and all persons acting or purporting to act on its behalf. 9 “WSR” refers to Wall Street Recycling, LLC, as well as any members, managers, agents, employees, representatives, and any and all persons acting or purporting to act on its behalf. 10. “WSR JV” refers to the joint venture between WSR on the one hand and GMS and Cawley JV on the other hand, as alleged and further identified in the First Amended Complaint i “WSR Litigation” refers to the lawsuit that was filed and litigated in the Cuyahoga County Court of Common Pleas, Case No. CV-14-829204, between WSR. and Dermot Cawley, Patty Cawley, GMS and Cawley JV. 12. “Person” or “persons” means individuals and any corporation, partnership, joint venture, proprietorship, firm, company, governmental entity, unincorporated association, association of individuals, or any other such entity. 13. “Lawsuit” refers to the lawsuit filed by Plaintiff against Defendant in the Franklin County Court of Common Pleas, Case No. 19-CV-006074. 14. “First Amended Complaint” refers to the first amended complaint filed by Plaintiff in the Lawsuit © 15 “Communication” includes every manner of transmitting or receiving facts, information, opinions, or thoughts from one person to another person, whether orally, by documents, writing, email, or copy thereof, and to words transmitted by telephone, radio, or any method of voice recording. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 0G605 - o7 16. “Document” is used in the broadest sense and includes, but is not limited to, the following items: invoices; agreements; drafis; electronic and paper communications; correspondence; emails, text messages; social media messages or posts (including Facebook, Twitter, Instagram, Snapchat or any other social media platform), telegrams; cables; facsimiles; memoranda; records, books; financial statements; summaries of records or notes of personal conversations or interviews; diaries; calendars; forecasts; statistical statements; accountants work papers; graphs; charts; maps; diagrams; tables; indexes; pictures; recordings; tapes; microfilm; charge clips; accounts; analytical records; minutes or records of meetings or conferences; reports and/or summaries of investigations, opinions or reports of consultants; appraisals; reports and/or summaries of negotiations; brochures; pamphlets; circulars; trade letters; press releases; contracts; stenographic, handwritten or any other notes; projections; working papers, federal and state income tax returns; checks, front and back; check stubs or receipts; shipping documents: manifests; invoice vouchers, computer printouts and computer disks and iapes; and tape data sheets or data processing cards or disks or any other written, recorded, transcribed, punched, taped, filmed or graphic matters; however produced or reproduced, including, without limitation, all copies and duplicates in any form and electronically stored information. 4 1 Wherever appropriate in these Discovery Requests, the singular form of a word shall include the plural form of the word and the masculine form of a word shall include the feminine form of the word. 18 The terms “and” as well gs “ as or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of these Discovery Requests any information which might otherwise be construed to be outside their scope. 19. “Including” shall be construed to mean “without limitation.” Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 0G605 - 08 20. “Relate to,” “related to,” or “relating to” shall be construed in their broadest sense and shall mean directly or indirectly supporting, evidencing, discussing, describing, setting forth, mentioning, reflecting, referring to, pertaining to, commenting upon, contradicting, constituting, comprising, concerning, or having a logical connection with the subject or topic in question, either in whole or in part INSTRUCTIONS FOR THE REQUES Ss 1 Where a Discovery Request calls for an answer in more than one part, each part should be separated in the answer so that itis clearly understandable. To the extent that you believe any Discovery Request is objectionable, separately state the objection and each ground for the objection to each sub-part in sufficient detail to allow the Court to adjudicate the merits of your objection. 2 With respect to any document for which a privilege is being asserted, identify such document by stating: {a} The name, title and job or position of document's author; (b) The name, title and job or position of document's sender, (©) The name, title and job or position of every person who received or saw the document or any of its copies; (dp The date of the decument; {e) A brief description of the document's subject matter: .> a The basis for the privilege asserted; and (g) The name, title and job or position of all persons on whose behalf the privilege is asserted Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 O0G605 - 08 REQUESTS FOR PRODUCTION OF DOCUMENTS Please produce the following: i Your engagement agreement with Plaintiffs. Your response should include, but is not limited to, any contingency fee agreements, fee agreements, statements of rights, or similar documents laying out the terms by which You would represent Plaintiffs in this Lawsuit. RESPONSE: 22 All Documents that reflect any amount Plaintiffs owe and/or owed You in connection with Your representation of them in this Lawsuit. Your response should include, but is not limited to, invoices, bills, statements. and any similar documents recording or identifying arnounts paid to You and/or which Plaintiffs will ultimately be responsible for. RESPONSE: 33 All Exhibits You intend to use or introduce at the Sanctions / Fee hearing currently scheduled for December 13 and 14, 2023. RESPONSE: 4 AH Documents that reflect communications You had with anyone at Quinn Emanuel about (1) the potential of suing Vorys for malpractice on behalf of Plaintiffs, and/or (2) the Lawsuit. RESPONSE: Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 01 3:36 PM-19CV006074 OG605 - 08 35 All Documents that reflect communications You had with anyone at FirstMerit Bank about (1) the potential of suing Vorys for malpractice on behalf of Plaimtiffs. and/or (2) the Lawsuit Your response should include, but is not limited to, communications with Joseph Bilinovich RESPONSE: 6 All Documents that reflect communications You had with anyone at WSR about (4) the potential of suing Vorys for malpractice on behalf of Plaintiffs, and/or (2) the Lawsuit. Your response should include, but is not limited to, communications with Michael Ambrose RESPONSE: