Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
APF CRE ILLC, et al., Case No: 20 CV 007082
Plaintiffs, Judge Kim J. Brown
v.
Tehrah Hospitality LLC, et al.,
Defendants.
NOTICE OF SUBPOENA
Notice is hereby given that Defendants Abhijit and Bhavna Vasani, through counsel,
intend to serve the attached Subpoena on Horwath HTL at 999 Waterside Drive, Suite 1200,
Norfolk, VA 23510, on September 22, 2022, or as soon thereafter as service may be effectuated
Information regarding the date, time, and location to provide requested documents is located on
the attached Subpoena, which is hereby incorporated and made a part of this Notice.
Respectfully Submitted,
DOUCET GERLING CO.,, L.P.A.
‘s/ Andrew J. Gerling
Andrew J. Gerling (0087605)
655 Metro Place South, Suite 600
Dublin, OH 43017
PH: (614) 221-9800
Fax: (818) 638-5548
andrew@doucet.law
Attorney for Abhijit and Bhavna Vasani
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was served upon the following
parties via electronic mail (email) on this 22 day of September, 2022, pursuant to Civ.R.
SBQ)H:
Sean Gordon
Matthew Kerschner
Thompson Hine LLP
3900 Key Center
127 Public Square
Cleveland, OH 44114-1291
PH: (216) 556-5500
Fax: (216) 566-5800
sean. gordon@thompsonhine.com
matthew. kerschner@thompsonhine.com
Attorneys for Plaintiff
/s/ Andrew J. Gerling
Andrew J. Gerling (0087605)
ranklin County Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082
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SEP 13 222
%
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO CUDA BIB
APF CREI LLCO, st al Case No.: 20 CV 007082
Plaintiffs Judge Kim Brown
¥
FOR CLERK USE ONLY:
Tebrah Hospitality LLC, et al.
Reesipt
Defendants cd
CLERK $
SHERIFF
FORKIGN SH IFF g
TO.
Horwath HTL
999 Waterside Drive, Suite 1200
Norfolk, VA 23518
CIVIL SUBPOENA
YOU ARE HEREBY COMMANDER TO:
ATTEND AND GIVE TESTIMONY AT DEPOSITION ON THE DATE, TIME AND AT
THE PLACE SPECIFIED BELOW
ATTEND AND PRODUCE (DOCUMENTS) (TANGIBLE THINGS) AT A (TRIAL)
(HEARING) (DEPOSITION) ON THE DATE, TIME AND AT THE PLACE SPECIFIED
BELOW
PRODUCE AND PERMIT INSPE ON AND COPYING, ON THE DATE AND AT THE
TIME A PLACE $ TRIED OW, OF ANY DESIGNATED DOCUMENTS THAT
ARE IN YOUR POS: SION, CUSTODY GR CONTROL
PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING GR SAMPLING,
ON ND AT THE TIME AND PLAC CIFIED BELOW, OF ANY
TANGIBL 38 THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL.
PERMIT ENTRY UPON THE FOLLOWING DESCRIBED LAND GR OTHER
PROPERTY, POR THE PURPOS TRIBED IN CIPIL RULE. 34(4) (0), ON TRE
DA ND AT THE TIME SPECIFIED BELOW. DESCRIPTION OF LAND OR OTHER
PRE. ES:
F ranklin County Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082
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DESCRIPTION OF AREAS OF KNOWLEDG ED EXHIBIT A.
< fhe
DAY DATE TIME: 9 sees
PLACE: 655 Metre Place South, Suite 600, Dublin, OH 43017 eters
se RRERRRRRRRRSASLSRARRRRA
THA HHT RRR RESRT SSR RRRRA KTH HSH ELE RERRARAAHHGHRRRRERBRTR
THE STATE OF OHIO:
Franklin County 88:
COUNTY OF
FRANKLIN
To the Clerk of Courts
Greetings: YOU ARE HEREBY REQUESTED TO SUBPOENA THE ABOVE-NAMED
PERSON.
WITNESS MY HAND AND SEAL OF SAID COURT THIS 29 DAY OF AUGUST 2022.
Andrew Gerling, Attorney for Defendants
BY Ree wert
Cae bad CF be Lheadlase
REQUESTING PARTY INFORMATION;
NAME: LER BARE, _ ATTORNEY POR DEFENDANTS
ATTORNEY CODE: 0087603 HONE NUMBER: 814-221-9800
NOTE: READ ALL INFORMATION ON THE REVERSE SIDE OF THIS SUBPOENA
Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082
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EXRIBIT A
For purposes of responding to this subpoena, the following terms are defined as follows:
&. “Documents” means all written or printed matter of any kind, including originals and all
non-identical copies, whether different from the originals by reason of any notation made
:
on such copies or atherw e, including, without limitation, correspondence, e-mail, meta
data, memoranda, notes, diaries, statistics, letters, files, pieces of paper, telegraphs,
minutes, addenda, Cookies, Active Data, Ambient Data, expense Accounts, contracts,
reports, studies, checks, statements, receipts, returns, media, meta data, residual data,
stuummaries, pamphlets, books, inter-office and intra-office communications, notations oF
any sort of any conversations, including telephone conversations or meetings, bulletins,
conypniter print-onts, teletypes, telefaxes, faxes, invoices, worksheets, any drafts,
alterations, modifications, changes, and amendments of any of the foregoing. The term
“Documents” alse inchides all graphic or marmal records, or representatio of any kind
Gneluding, but not limited to, photographs, charts, graphs, microfilms, oucrofiche,
videotapes, records, and motion pictures), and all electronic, mechanical, or electric
records or representations of any kind including, but not limited to, audio tapes, casseties,
dises, and recordings.
“Jdentify Fully? in regard to any Person means providing the name, address, phone
number(s) and email address (if any} ever known to You.
c *¥ou” and “Your” refers to the entity named in this subpoena along with the employees,
agents, officers, directors, attorneys, investigators, etc. of it, ax well as all successors,
prede SSQTS, hors, assignees, indorsers, and indorsces, and all those acting or
purporting to act on its behalf.
sreomeetnennsnecsennentyanenvennnnnnnnn
Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082
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Compelied Docuntents
to
Produce a copy of the following Documents. You may email to holly@doucet.law or mail
Doucet Gerling Co., LPA, 655 Metro Place South, Suite 600, Dublin, OH 43017
all Documents
by the deadline in lieu of appearing. However, te avoid having to appear in person all
Documents most be accompanied by an affidavit certifying that they are true and accurate copies
personal
of business records, entered at or near the time of creation, by an individual with
to these
knowledge, and kept in the ordinary course of business, Such an affidavit is attached
requesta:
d,
i All Documents in your possession or under your control, inchuding all work performe
the same.
engagement letters, invoices, receipts, statements, letters, and notes regarding
that pertain to:
a, Abhijit Vasani, 5955 Doblin Grandville Road, New Albany, OH 43054
b. Bhavna Vasani, $99 Dmblin Granville Road, New Albany, OH 43064
& Tehrah Hospitality, LLC
a. Holiday Inn Express Toledo, 5855 Hagman Road, Toledo, OH 43612
All Decaments in your possession or under your control that reflect communications,
inchading emails, texts, and direct messages with others, whether or not you were directly
involved with those commumications about:
a, Abhijit Vasani, $995 Dublin Grandville Road, New Albany, OH 43054
bd. Bhavna Vasani, $955 Dublin Granville Road, New Albany, OH 43034
ce, Tebrah Hospitality, LLC
d. Holiday Inn Express Toleda, $855 Hagman Road, Toledo, OH 43612
Copies of any reference material you reviewed in. any work you performed regarding:
Abhijit Vasani, $955 Dublin Grandville Road, New Albany, OH 43034
Bhayna Vasani, 5958 Dublin Granville Road, New Albany, OH 43034
Tehrah Hospitality, £
Holiday Inn Express Toledo, $855 Hagman Road, Toledo, OH 43632
Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082
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iv. RS: ion of person: RE to gubgssena:
(0) A party or an atlomey responsible for the issuance and service of a subpneria shall take reasonable steps to
avoid imposing undue burden or expanse on a person subject ic that subpoena.
{2)(a} A person commander te produce under divisions (ANT HOKE , 2), oF of this rule nead not appear in
person al the place of production or inspection uniess commanded to attend and give isiimany at a dapasition,
bearing, of traf.
ib} Subject te a sion (OX2) of this rule, a person commanded fo produce under divisions (A) KOH, ii}, Gv}. oF (}
if such
xf this rule may, within fourteen days after sarvice of the subpoena ar before the time spacifies for compliance
fime is fess than fourteen days alter sanvice, serve upon t he party or attomey designated in the subpoena written
objection: § fo production. ff abjection is made, the party serving the subpoans shail nat be entities! fo production
except pursuant tig an ander of the court by which the subpoana was issued. {f objection has been made, the party
serving the subposna, uport notice fo the person commanded to Produce, may mo ve at any tree for an order to
ar an offiner of 3
compel the produntion. An onder to compel production shail protect any person who is not a party
party fram significant expense resulting from the proivation commanded.
{3} Gn timely motion, the court from which the subpoena was issuext shall quash or madify the subpoena, or onier
appearance or praduetion only under specified conditions, f the subpoana dous any ‘of the following:
{a} Pails to lew reasonable time te campy:
é} Requires disctosure of privileged or ciherwise protactad matier and no axcention or waiver apples:
{eo} Requires discios: ure nf a fant known of opinion held by an expert nat retained or specially amployed by any party
anticinalion of fitigation or preparation for tial as described by Civ. ZR(BNS), if the fact or opinion dasa not
describe specific events or ocnurrences in dispute and results from study by thet expert thai was not made at the
request of ary party;
{3} Subjects 2 person io undue burden.
& 4} Before filing a motinn qursuant fo divisic: n (COKIN) of this mule, a person resisting discovery under this rule shall
attempt ta resolve any claim of undue burden through discussions sath the issuing atiomey. A motion fed pursuant
to division (CNNe) of this nde shall be supported by an alfidavit of the subpoenaed person oF a ix inaie of that
persan’s attorney of the efforts made ic rescive any claim of undue auaten.
{8} fa motion is made under division (CN3Ko} ar (CK) of this rule, the court shall quash ar modify the subpoena
unless the party in whose behalf the subpoena is issued shows a subsiantial need for the iestimany of materis! that
cannot be othenvisa met without undue bardship and assures that the person te whom the subposns is addressed
wil be reasonably compensated.
GH.R, 45(0} Duties is responding te subpoena
{1}. A person responding to e sutipoens to produce dacuments shall, af the person's option, produce them as they are:
Kept it the aseal counse af guainass or organized and labeled to correspond with the categories in the subpoers
pereon producing documents pursuant to a subpoena for ther shall perant het inspection and nupying by a parties:
present at the time and ce set in the subpoena Tpection and copying.
£2) When information subject to a subpoena is withheld ora claim ihat # is povileged or subject to proleotion as iriat
preparation materiais under Civ R.26(RN3) ar {4}, he shall be made expressly and shall be supported by &
dasoription of the najure of the decuments, communications, ar thisgs not produced that is sufficient to enable the
demanding party to contest the cain.
CWR. 45(E} Sanctions
Failure by any peraon without adequaie excuse ic obey @ subpoena served upon that person may be deemed &
contempt of ihe court from which tha subpoena issued. A eubpoenged person of that parsan‘’s altorney who
frivolously resists disnavery under this rule may be required by the couri to pay the raasonabia expenses, indluding
reasonable aftamay’s feas, of the party sxeking the discovery. The court from whinh a subpoena was issued may
impose upon a party ar attorney in ores af the duty imposed by division {CN 1) af this rule ae appropriaie sanction,
which may include, but is nol fimited ic, jest earnings and reasonabi ie BERESTRUNTHRSSSERRRRRSEKKBTRAR
atiornay's fees.
ES
PRRHSRARRRRVHHSSSSLCRREKOKKRRRRRRRASSSSSS SSS
a RETURNOF SERVICE
~ fyaceived this subpoene Gn , asi served the party named on the reverse:
Q
erent by
o twas one fo ouniplete service for the fatiowin reas
Sheriff's Fees:
Service: {Signature of Serving Party)
Mileage: Circle One: Deputy Sherif Attomey
Copy Process Server Be ety Clark
Total Other _ foe
Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082
0G094 - PA
VERIFICATION PAGE
STATE OF
COUNTY OF | } ass
Before me, a Notary Public in and for asid State and County, personally appeared before me,
, legal representative of (the
Company”), who, being first duly cautioned and sworn. according to law, states that he/she has
been issued a civil subpoena and that responses and documents provided are true to the best of
hischer knowledge and belief.
1. Lam over the age of 18 and Iam fully competent and authorized to provide this
verification on behalf of the Company.
Lam a records custudian for the Company. | am familiar with the business records
maintained by the Company. The docurnents produced in response to this civil subpoena
are tue and accurate copies of records maintained by the Company, All records are kept
in the ordinary course of business of the Company.
It ia the regular course of business for an employee or representative of the Company
who had knowledge of an act, event, condition, or opinion recorded, to transmit
information to be inchided in such record. Each record was made at or near the thue of
the act, event, condition, or opinion recorded or reasonably soon thereafter.
Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082
0G094 - PA
4. Thave access to, and reviewed, all records and documents produced in response to this
civil subpoena. All records and documents are business records of the Company or
business records of its predecessor(s) in interest.
By: (signature)
By: (printed name} _
Fithe:
Date:
Sworn to before me and subseribed in my presence by this day of
seve 20,
Notary Public
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082 0GO94 - P3 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO APF CRE ILLC, et al., Case No: 20 CV 007082 Plaintiffs, Judge Kim J. Brown v. Tehrah Hospitality LLC, et al., Defendants. NOTICE OF SUBPOENA Notice is hereby given that Defendants Abhijit and Bhavna Vasani, through counsel, intend to serve the attached Subpoena on Horwath HTL at 999 Waterside Drive, Suite 1200, Norfolk, VA 23510, on September 22, 2022, or as soon thereafter as service may be effectuated Information regarding the date, time, and location to provide requested documents is located on the attached Subpoena, which is hereby incorporated and made a part of this Notice. Respectfully Submitted, DOUCET GERLING CO.,, L.P.A. ‘s/ Andrew J. Gerling Andrew J. Gerling (0087605) 655 Metro Place South, Suite 600 Dublin, OH 43017 PH: (614) 221-9800 Fax: (818) 638-5548 andrew@doucet.law Attorney for Abhijit and Bhavna Vasani Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082 0GO94 - P3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing was served upon the following parties via electronic mail (email) on this 22 day of September, 2022, pursuant to Civ.R. SBQ)H: Sean Gordon Matthew Kerschner Thompson Hine LLP 3900 Key Center 127 Public Square Cleveland, OH 44114-1291 PH: (216) 556-5500 Fax: (216) 566-5800 sean. gordon@thompsonhine.com matthew. kerschner@thompsonhine.com Attorneys for Plaintiff /s/ Andrew J. Gerling Andrew J. Gerling (0087605) ranklin County Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082 O0GO94 - P3 SEP 13 222 % IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO CUDA BIB APF CREI LLCO, st al Case No.: 20 CV 007082 Plaintiffs Judge Kim Brown ¥ FOR CLERK USE ONLY: Tebrah Hospitality LLC, et al. Reesipt Defendants cd CLERK $ SHERIFF FORKIGN SH IFF g TO. Horwath HTL 999 Waterside Drive, Suite 1200 Norfolk, VA 23518 CIVIL SUBPOENA YOU ARE HEREBY COMMANDER TO: ATTEND AND GIVE TESTIMONY AT DEPOSITION ON THE DATE, TIME AND AT THE PLACE SPECIFIED BELOW ATTEND AND PRODUCE (DOCUMENTS) (TANGIBLE THINGS) AT A (TRIAL) (HEARING) (DEPOSITION) ON THE DATE, TIME AND AT THE PLACE SPECIFIED BELOW PRODUCE AND PERMIT INSPE ON AND COPYING, ON THE DATE AND AT THE TIME A PLACE $ TRIED OW, OF ANY DESIGNATED DOCUMENTS THAT ARE IN YOUR POS: SION, CUSTODY GR CONTROL PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING GR SAMPLING, ON ND AT THE TIME AND PLAC CIFIED BELOW, OF ANY TANGIBL 38 THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL. PERMIT ENTRY UPON THE FOLLOWING DESCRIBED LAND GR OTHER PROPERTY, POR THE PURPOS TRIBED IN CIPIL RULE. 34(4) (0), ON TRE DA ND AT THE TIME SPECIFIED BELOW. DESCRIPTION OF LAND OR OTHER PRE. ES: F ranklin County Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082 0G094 - P3 DESCRIPTION OF AREAS OF KNOWLEDG ED EXHIBIT A. < fhe DAY DATE TIME: 9 sees PLACE: 655 Metre Place South, Suite 600, Dublin, OH 43017 eters se RRERRRRRRRRSASLSRARRRRA THA HHT RRR RESRT SSR RRRRA KTH HSH ELE RERRARAAHHGHRRRRERBRTR THE STATE OF OHIO: Franklin County 88: COUNTY OF FRANKLIN To the Clerk of Courts Greetings: YOU ARE HEREBY REQUESTED TO SUBPOENA THE ABOVE-NAMED PERSON. WITNESS MY HAND AND SEAL OF SAID COURT THIS 29 DAY OF AUGUST 2022. Andrew Gerling, Attorney for Defendants BY Ree wert Cae bad CF be Lheadlase REQUESTING PARTY INFORMATION; NAME: LER BARE, _ ATTORNEY POR DEFENDANTS ATTORNEY CODE: 0087603 HONE NUMBER: 814-221-9800 NOTE: READ ALL INFORMATION ON THE REVERSE SIDE OF THIS SUBPOENA Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082 0G094 - P3 EXRIBIT A For purposes of responding to this subpoena, the following terms are defined as follows: &. “Documents” means all written or printed matter of any kind, including originals and all non-identical copies, whether different from the originals by reason of any notation made : on such copies or atherw e, including, without limitation, correspondence, e-mail, meta data, memoranda, notes, diaries, statistics, letters, files, pieces of paper, telegraphs, minutes, addenda, Cookies, Active Data, Ambient Data, expense Accounts, contracts, reports, studies, checks, statements, receipts, returns, media, meta data, residual data, stuummaries, pamphlets, books, inter-office and intra-office communications, notations oF any sort of any conversations, including telephone conversations or meetings, bulletins, conypniter print-onts, teletypes, telefaxes, faxes, invoices, worksheets, any drafts, alterations, modifications, changes, and amendments of any of the foregoing. The term “Documents” alse inchides all graphic or marmal records, or representatio of any kind Gneluding, but not limited to, photographs, charts, graphs, microfilms, oucrofiche, videotapes, records, and motion pictures), and all electronic, mechanical, or electric records or representations of any kind including, but not limited to, audio tapes, casseties, dises, and recordings. “Jdentify Fully? in regard to any Person means providing the name, address, phone number(s) and email address (if any} ever known to You. c *¥ou” and “Your” refers to the entity named in this subpoena along with the employees, agents, officers, directors, attorneys, investigators, etc. of it, ax well as all successors, prede SSQTS, hors, assignees, indorsers, and indorsces, and all those acting or purporting to act on its behalf. sreomeetnennsnecsennentyanenvennnnnnnnn Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082 0GO94 - P3 Compelied Docuntents to Produce a copy of the following Documents. You may email to holly@doucet.law or mail Doucet Gerling Co., LPA, 655 Metro Place South, Suite 600, Dublin, OH 43017 all Documents by the deadline in lieu of appearing. However, te avoid having to appear in person all Documents most be accompanied by an affidavit certifying that they are true and accurate copies personal of business records, entered at or near the time of creation, by an individual with to these knowledge, and kept in the ordinary course of business, Such an affidavit is attached requesta: d, i All Documents in your possession or under your control, inchuding all work performe the same. engagement letters, invoices, receipts, statements, letters, and notes regarding that pertain to: a, Abhijit Vasani, 5955 Doblin Grandville Road, New Albany, OH 43054 b. Bhavna Vasani, $99 Dmblin Granville Road, New Albany, OH 43064 & Tehrah Hospitality, LLC a. Holiday Inn Express Toledo, 5855 Hagman Road, Toledo, OH 43612 All Decaments in your possession or under your control that reflect communications, inchading emails, texts, and direct messages with others, whether or not you were directly involved with those commumications about: a, Abhijit Vasani, $995 Dublin Grandville Road, New Albany, OH 43054 bd. Bhavna Vasani, $955 Dublin Granville Road, New Albany, OH 43034 ce, Tebrah Hospitality, LLC d. Holiday Inn Express Toleda, $855 Hagman Road, Toledo, OH 43612 Copies of any reference material you reviewed in. any work you performed regarding: Abhijit Vasani, $955 Dublin Grandville Road, New Albany, OH 43034 Bhayna Vasani, 5958 Dublin Granville Road, New Albany, OH 43034 Tehrah Hospitality, £ Holiday Inn Express Toledo, $855 Hagman Road, Toledo, OH 43632 Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082 0G094 - P3 iv. RS: ion of person: RE to gubgssena: (0) A party or an atlomey responsible for the issuance and service of a subpneria shall take reasonable steps to avoid imposing undue burden or expanse on a person subject ic that subpoena. {2)(a} A person commander te produce under divisions (ANT HOKE , 2), oF of this rule nead not appear in person al the place of production or inspection uniess commanded to attend and give isiimany at a dapasition, bearing, of traf. ib} Subject te a sion (OX2) of this rule, a person commanded fo produce under divisions (A) KOH, ii}, Gv}. oF (} if such xf this rule may, within fourteen days after sarvice of the subpoena ar before the time spacifies for compliance fime is fess than fourteen days alter sanvice, serve upon t he party or attomey designated in the subpoena written objection: § fo production. ff abjection is made, the party serving the subpoans shail nat be entities! fo production except pursuant tig an ander of the court by which the subpoana was issued. {f objection has been made, the party serving the subposna, uport notice fo the person commanded to Produce, may mo ve at any tree for an order to ar an offiner of 3 compel the produntion. An onder to compel production shail protect any person who is not a party party fram significant expense resulting from the proivation commanded. {3} Gn timely motion, the court from which the subpoena was issuext shall quash or madify the subpoena, or onier appearance or praduetion only under specified conditions, f the subpoana dous any ‘of the following: {a} Pails to lew reasonable time te campy: é} Requires disctosure of privileged or ciherwise protactad matier and no axcention or waiver apples: {eo} Requires discios: ure nf a fant known of opinion held by an expert nat retained or specially amployed by any party anticinalion of fitigation or preparation for tial as described by Civ. ZR(BNS), if the fact or opinion dasa not describe specific events or ocnurrences in dispute and results from study by thet expert thai was not made at the request of ary party; {3} Subjects 2 person io undue burden. & 4} Before filing a motinn qursuant fo divisic: n (COKIN) of this mule, a person resisting discovery under this rule shall attempt ta resolve any claim of undue burden through discussions sath the issuing atiomey. A motion fed pursuant to division (CNNe) of this nde shall be supported by an alfidavit of the subpoenaed person oF a ix inaie of that persan’s attorney of the efforts made ic rescive any claim of undue auaten. {8} fa motion is made under division (CN3Ko} ar (CK) of this rule, the court shall quash ar modify the subpoena unless the party in whose behalf the subpoena is issued shows a subsiantial need for the iestimany of materis! that cannot be othenvisa met without undue bardship and assures that the person te whom the subposns is addressed wil be reasonably compensated. GH.R, 45(0} Duties is responding te subpoena {1}. A person responding to e sutipoens to produce dacuments shall, af the person's option, produce them as they are: Kept it the aseal counse af guainass or organized and labeled to correspond with the categories in the subpoers pereon producing documents pursuant to a subpoena for ther shall perant het inspection and nupying by a parties: present at the time and ce set in the subpoena Tpection and copying. £2) When information subject to a subpoena is withheld ora claim ihat # is povileged or subject to proleotion as iriat preparation materiais under Civ R.26(RN3) ar {4}, he shall be made expressly and shall be supported by & dasoription of the najure of the decuments, communications, ar thisgs not produced that is sufficient to enable the demanding party to contest the cain. CWR. 45(E} Sanctions Failure by any peraon without adequaie excuse ic obey @ subpoena served upon that person may be deemed & contempt of ihe court from which tha subpoena issued. A eubpoenged person of that parsan‘’s altorney who frivolously resists disnavery under this rule may be required by the couri to pay the raasonabia expenses, indluding reasonable aftamay’s feas, of the party sxeking the discovery. The court from whinh a subpoena was issued may impose upon a party ar attorney in ores af the duty imposed by division {CN 1) af this rule ae appropriaie sanction, which may include, but is nol fimited ic, jest earnings and reasonabi ie BERESTRUNTHRSSSERRRRRSEKKBTRAR atiornay's fees. ES PRRHSRARRRRVHHSSSSLCRREKOKKRRRRRRRASSSSSS SSS a RETURNOF SERVICE ~ fyaceived this subpoene Gn , asi served the party named on the reverse: Q erent by o twas one fo ouniplete service for the fatiowin reas Sheriff's Fees: Service: {Signature of Serving Party) Mileage: Circle One: Deputy Sherif Attomey Copy Process Server Be ety Clark Total Other _ foe Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082 0G094 - PA VERIFICATION PAGE STATE OF COUNTY OF | } ass Before me, a Notary Public in and for asid State and County, personally appeared before me, , legal representative of (the Company”), who, being first duly cautioned and sworn. according to law, states that he/she has been issued a civil subpoena and that responses and documents provided are true to the best of hischer knowledge and belief. 1. Lam over the age of 18 and Iam fully competent and authorized to provide this verification on behalf of the Company. Lam a records custudian for the Company. | am familiar with the business records maintained by the Company. The docurnents produced in response to this civil subpoena are tue and accurate copies of records maintained by the Company, All records are kept in the ordinary course of business of the Company. It ia the regular course of business for an employee or representative of the Company who had knowledge of an act, event, condition, or opinion recorded, to transmit information to be inchided in such record. Each record was made at or near the thue of the act, event, condition, or opinion recorded or reasonably soon thereafter. Franklin Count ty Ohio Clerk of Courts of the Common Pleas- 2022 Sep 22 3:16 PM-20CV007082 0G094 - PA 4. Thave access to, and reviewed, all records and documents produced in response to this civil subpoena. All records and documents are business records of the Company or business records of its predecessor(s) in interest. By: (signature) By: (printed name} _ Fithe: Date: Sworn to before me and subseribed in my presence by this day of seve 20, Notary Public