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WHITETo be returned after Service completed Tiff oF Process Server with Proof of Service; WHITE-To be s! “on Witness; WHITE™Clerk’s Copy;
WHITE—Attorney's Copy.
COURT OF COMMON PLEAS, DELAWARE COUNTY, OHIO
BRAD J. RATLIFF Plaintiff Case No 23CVH010037
SUBPOENA
[Y] civil O Domestic
SAMUELJ. HILL, et. al Defendant
Y Duces Tecum
The State of Ohio
Delaware County, ss:
To the Sheriffof Attorney to Serve County, Ohio, Greetings:
YOU ARE HEREBY COMMANDED TO SUBPOENA THE FOLLOWING NAMED PERSON,
to-wit:
Mike Dulla 1023 Burlington Avenue, Western Springs, I 60558
«Name) (Address) ~
Type of Service: (Personal) (Residential).
To the above name Person:
You are hereby required to produce the requested records to Attorney Nathan D. Painter whose
address is 5029 Cemetery Road, Hilliard, OH 43026
emmen
=O ; on the jin day
of May Fv pat 12:00 o'clock _P. M., te-testify-as-e
YOU ARE FURTHER ORDERED TO BRING WITH YOU
See attached exhibit A.
Please contact Attorney Nathan D. Painter upon receipt of this Subpoena at 614-319-3306 or
nathan@painterandassociates.com
Herein fail not, under penalty of the law. And, have you then and there this writ
Witness fee of $ paid by. attached.
SHERIFF'S FEES: FF TN =
Rrosecuting-Attorney) (Attorney for Defendant)
Service Type of Service WITNESS my hand and Seal of Said
Court this | jn day of
Mileage
Date of Service
Total
ori AdA3
Clerk of this. asta,
"ey
_
Court of Common Pleas, s ap,
Deputy Sheriff or Delaware County, Ohio
Process Server
Cy of
CLERK OF COURTS - DELAWARE COUNTY, OH - COMMON Les irs
23 CVH01 HAMESUP- THIS FORM FOR YOUR RIGHTS AND DUTIES UNDER SUBPO! S
FILED: 04/11/2023 02:31 PM “as: ws
“in, vara anee
~
RULES OF CIVIL PROCEDURE
RULE 45. Subpoena
(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 stepsto avoid imposing undue burdenor
expense on a person subject to that subpoena.
(2) (a)A person commanded to produce under divisions (A)(1)(b), (It), {iv}, (v), or (vi) of this rule need not appear in person at the place
of production or inspection unless commanded to attend and give testimony at a deposition, hearing, or trial.
{b) Subject to division (D){2) of this rule, a person commanded to produce under divisions (A){1)(b), (iii), (iv), (v), or (vi) of this rule
may, within fourteen days after service of the subpoena or before the time specified for compliance if such time is less than fourteen
days after service, serve upon the party or attorney designated in the subpoena written objections to production. If objection is
made, the party serving the subpoena shall not be entitled to production except pursuantto an order of the court by which the
subpoena was issued. If objection has been made, the party serving the subpoena, upon notice to the 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 of a party from significant expense resulting from the production commanded.
(3) On timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order appearance or production
only under specified conditions, if the subpoena does any of the following:
(a) Fails to allow reasonable time to comply;
{b) Requires disclosure of privileged or otherwise protected matter and no exception or waiver applies;
{c} Requires disclosure of a fact known or opinion held by an expert not retained or specially employed by any party in anticipation
of litigation or preparation for trial as described by Civ.R. 26(B)(5), if the fact or opinion does not describe specific events or
‘occurrences in dispute and results from study by that expert that was not made at the request of any party;
{d) Subjects a person to undue burden.
(4) Before filing a motion pursuant to division (C)(3)(d) of this rule, a person resisting discovery under this rule shall attempt to resolve any claim
of undue burden through discussions with the issuing attorney. A motion filed pursuantto division (C)(3))(d) of this rule shall be supported by
an affidavit of the subpoenaed person or a certificate of that person’s attorney of the efforts made to resolve any claim of undue burden.
{5) Ifa motion is made under division (C)(3){c) or (C)(3)(d) of this rule, the court shall quash or modify the subpoena unless the party in whose
behalf of the subpoena is Issued shows a substantial need for the 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 compensated.
(D) Duties in responding to subpoena
(1) A person responding to a subpoena to produce documents shall, at the person’s option, produce them as they are kept in the usual course
of business or organized and labeled to correspond with the categories in the subpoena. A person producing documents or electronically
stored information pursuantto a subpoena for them shall permit their inspection and copying by all parties present at the time and place set in
the subpoena for inspection and copying.
(2) Ifa request does not specifythe form or forms for producing electronically stored Information, a person responding toa subpoena may
produce the information in a form or forms in which the information is ordinarily maintained if that form is reasonably useable, or in any form
to a subpoena need not
that is reasonably useable. Unless ordered by the court or agreed to by the person subpoenaed, a person responding
produce the same electronically stored Information in more than one form.
(3) A person need not provide discovery of electronically stored information when the production imposes undue burden or expense. On
or for a protective order, the person from whom electronically stored information is sought must show that the
motion to compel discovery
information is not reasonably accessible because of undue burden or expense. If a showing of undue burden or expense is made, the court may
nonetheless order production of electronically stored information if the requesting party shows good cause. The court shalt consider the
factors in Civ. R. 26(B)(4) when determining if good cause exists. In ordering production of electronically stored information, the court may
specify the format, extent, timing, allocation of expenses and other conditions for the discovery of the electronically stored information.
(4) 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 description of the nature of the documents, communications, or things not produced
that is sufficient to enable the demanding party to contest the claim.
{5) if information Is produced in response toa subpoena that Is subject to 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 recelving
party must promptly return, sequester, or destroy the specified Information and any coples within the party's possession, custody or control. A
party may not sue or disclose the Information until the claim is resolved. A receiving party may promptly present the Information to the court
under seal for a determination of the claim of privilege or of protection as trial-preparation material. If the receiving party disclosed the
information before being notified, it must take reasonable stepsto retrieve It. The person who produced the information must preserve the
information until the claim is resolved.
~
Ne
IN THE DELAWARE COUNTY, OHIO COURT OF COMMON PLEAS
CIVIL DIVISION
BRAD J. RATLIFF CASE NO. 23 CV H 01 0037
Plaintiff, JUDGE: SCHUCK
vs.
SAMUEL J. HILL, ET AL.
Defendants
TO: Mike Dulla
1023 Burlington Avenue
Western Springs, IL 60558
Please produce the following documents and records that you have in your possession, custody
2023 __ to the office of Attorney Nathan D. Painter located at
or control on or before May.12th,
5029 Cemetery Road, Hilliard, OH 43026 or nathan@painterandassociates.com.
1. All document(s) or record(s) involving Brad J. Ratliff from 01/01/2021 - 03/01/2023,
defined as follows:
a. “Document(s)” or “Record(s)” mean any writing 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 others), including, without limitation, emails,
text messages, Microsoft Teams messages, Google Chat messages, LinkedIn
messages, Facebook messages and any other communications from a social media
network or business platform, correspondence, memoranda, notes, desk calendars,
diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks,
invoices, statements, receipts, tax returns, w-2s, k-1s, any other tax or income
statements, pay stubs, warranties, guarantees, summaries, pamphlets, ownership
documents, books, prospectuses, employment agreements interoffice and
~
~
intra-office communications, human resource records, offers, notations, or records
of any and all conversations, telephone calls, meetings and/or other
communications bulletins, magazines, publications, printed matters, photographs,
computer printouts, teletypes, telefaxes, invoices, worksheets and all drafts,
alterations, odifications, changes and amendments of any of the foregoing,
tapes, tape recordings, transcripts, graphic or aural records or representations of
any kind, and electronic, mechanical or electric records or representations of any
kind, of which you have knowledge or which are now or were formerly in your
actual or constructive possession, custody or control.
Please contact my office at 614-319-3306 or nathan@painterandassociates.com upon receipt of
this Subpoena.
Respectfully submitted,
Fs
Kyle Lindenbaum (0093408)
Nathan D. Painter (0076274)
PAINTER & ASSOCIATES, LLC
5029 Cemetery Road
Hilliard, Ohio 43026
Phone: 614.319.3306
Fax: 614.241.5141
Email: kyle@painterandassociates. com
Email:
Counsel forDefendants
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WHITETo be returned after Service completed Tiff oF Process Server with Proof of Service; WHITE-To be s! “on Witness; WHITE™Clerk’s Copy; WHITE—Attorney's Copy. COURT OF COMMON PLEAS, DELAWARE COUNTY, OHIO BRAD J. RATLIFF Plaintiff Case No 23CVH010037 SUBPOENA [Y] civil O Domestic SAMUELJ. HILL, et. al Defendant Y Duces Tecum The State of Ohio Delaware County, ss: To the Sheriffof Attorney to Serve County, Ohio, Greetings: YOU ARE HEREBY COMMANDED TO SUBPOENA THE FOLLOWING NAMED PERSON, to-wit: Mike Dulla 1023 Burlington Avenue, Western Springs, I 60558 «Name) (Address) ~ Type of Service: (Personal) (Residential). To the above name Person: You are hereby required to produce the requested records to Attorney Nathan D. Painter whose address is 5029 Cemetery Road, Hilliard, OH 43026 emmen =O ; on the jin day of May Fv pat 12:00 o'clock _P. M., te-testify-as-e YOU ARE FURTHER ORDERED TO BRING WITH YOU See attached exhibit A. Please contact Attorney Nathan D. Painter upon receipt of this Subpoena at 614-319-3306 or nathan@painterandassociates.com Herein fail not, under penalty of the law. And, have you then and there this writ Witness fee of $ paid by. attached. SHERIFF'S FEES: FF TN = Rrosecuting-Attorney) (Attorney for Defendant) Service Type of Service WITNESS my hand and Seal of Said Court this | jn day of Mileage Date of Service Total ori AdA3 Clerk of this. asta, "ey _ Court of Common Pleas, s ap, Deputy Sheriff or Delaware County, Ohio Process Server Cy of CLERK OF COURTS - DELAWARE COUNTY, OH - COMMON Les irs 23 CVH01 HAMESUP- THIS FORM FOR YOUR RIGHTS AND DUTIES UNDER SUBPO! S FILED: 04/11/2023 02:31 PM “as: ws “in, vara anee ~ RULES OF CIVIL PROCEDURE RULE 45. Subpoena (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 stepsto avoid imposing undue burdenor expense on a person subject to that subpoena. (2) (a)A person commanded to produce under divisions (A)(1)(b), (It), {iv}, (v), or (vi) of this rule need not appear in person at the place of production or inspection unless commanded to attend and give testimony at a deposition, hearing, or trial. {b) Subject to division (D){2) of this rule, a person commanded to produce under divisions (A){1)(b), (iii), (iv), (v), or (vi) of this rule may, within fourteen days after service of the subpoena or before the time specified for compliance if such time is less than fourteen days after service, serve upon the party or attorney designated in the subpoena written objections to production. If objection is made, the party serving the subpoena shall not be entitled to production except pursuantto an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena, upon notice to the 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 of a party from significant expense resulting from the production commanded. (3) On timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order appearance or production only under specified conditions, if the subpoena does any of the following: (a) Fails to allow reasonable time to comply; {b) Requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; {c} Requires disclosure of a fact known or opinion held by an expert not retained or specially employed by any party in anticipation of litigation or preparation for trial as described by Civ.R. 26(B)(5), if the fact or opinion does not describe specific events or ‘occurrences in dispute and results from study by that expert that was not made at the request of any party; {d) Subjects a person to undue burden. (4) Before filing a motion pursuant to division (C)(3)(d) of this rule, a person resisting discovery under this rule shall attempt to resolve any claim of undue burden through discussions with the issuing attorney. A motion filed pursuantto division (C)(3))(d) of this rule shall be supported by an affidavit of the subpoenaed person or a certificate of that person’s attorney of the efforts made to resolve any claim of undue burden. {5) Ifa motion is made under division (C)(3){c) or (C)(3)(d) of this rule, the court shall quash or modify the subpoena unless the party in whose behalf of the subpoena is Issued shows a substantial need for the 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 compensated. (D) Duties in responding to subpoena (1) A person responding to a subpoena to produce documents shall, at the person’s option, produce them as they are kept in the usual course of business or organized and labeled to correspond with the categories in the subpoena. A person producing documents or electronically stored information pursuantto a subpoena for them shall permit their inspection and copying by all parties present at the time and place set in the subpoena for inspection and copying. (2) Ifa request does not specifythe form or forms for producing electronically stored Information, a person responding toa subpoena may produce the information in a form or forms in which the information is ordinarily maintained if that form is reasonably useable, or in any form to a subpoena need not that is reasonably useable. Unless ordered by the court or agreed to by the person subpoenaed, a person responding produce the same electronically stored Information in more than one form. (3) A person need not provide discovery of electronically stored information when the production imposes undue burden or expense. On or for a protective order, the person from whom electronically stored information is sought must show that the motion to compel discovery information is not reasonably accessible because of undue burden or expense. If a showing of undue burden or expense is made, the court may nonetheless order production of electronically stored information if the requesting party shows good cause. The court shalt consider the factors in Civ. R. 26(B)(4) when determining if good cause exists. In ordering production of electronically stored information, the court may specify the format, extent, timing, allocation of expenses and other conditions for the discovery of the electronically stored information. (4) 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 description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. {5) if information Is produced in response toa subpoena that Is subject to 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 recelving party must promptly return, sequester, or destroy the specified Information and any coples within the party's possession, custody or control. A party may not sue or disclose the Information until the claim is resolved. A receiving party may promptly present the Information to the court under seal for a determination of the claim of privilege or of protection as trial-preparation material. If the receiving party disclosed the information before being notified, it must take reasonable stepsto retrieve It. The person who produced the information must preserve the information until the claim is resolved. ~ Ne IN THE DELAWARE COUNTY, OHIO COURT OF COMMON PLEAS CIVIL DIVISION BRAD J. RATLIFF CASE NO. 23 CV H 01 0037 Plaintiff, JUDGE: SCHUCK vs. SAMUEL J. HILL, ET AL. Defendants TO: Mike Dulla 1023 Burlington Avenue Western Springs, IL 60558 Please produce the following documents and records that you have in your possession, custody 2023 __ to the office of Attorney Nathan D. Painter located at or control on or before May.12th, 5029 Cemetery Road, Hilliard, OH 43026 or nathan@painterandassociates.com. 1. All document(s) or record(s) involving Brad J. Ratliff from 01/01/2021 - 03/01/2023, defined as follows: a. “Document(s)” or “Record(s)” mean any writing 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 others), including, without limitation, emails, text messages, Microsoft Teams messages, Google Chat messages, LinkedIn messages, Facebook messages and any other communications from a social media network or business platform, correspondence, memoranda, notes, desk calendars, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, invoices, statements, receipts, tax returns, w-2s, k-1s, any other tax or income statements, pay stubs, warranties, guarantees, summaries, pamphlets, ownership documents, books, prospectuses, employment agreements interoffice and ~ ~ intra-office communications, human resource records, offers, notations, or records of any and all conversations, telephone calls, meetings and/or other communications bulletins, magazines, publications, printed matters, photographs, computer printouts, teletypes, telefaxes, invoices, worksheets and all drafts, alterations, odifications, changes and amendments of any of the foregoing, tapes, tape recordings, transcripts, graphic or aural records or representations of any kind, and electronic, mechanical or electric records or representations of any kind, of which you have knowledge or which are now or were formerly in your actual or constructive possession, custody or control. Please contact my office at 614-319-3306 or nathan@painterandassociates.com upon receipt of this Subpoena. Respectfully submitted, Fs Kyle Lindenbaum (0093408) Nathan D. Painter (0076274) PAINTER & ASSOCIATES, LLC 5029 Cemetery Road Hilliard, Ohio 43026 Phone: 614.319.3306 Fax: 614.241.5141 Email: kyle@painterandassociates. com Email: Counsel forDefendants