Preview
FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023
Exhibit B
FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023
SUBP-015
ATTORNEY OR PARTY WITHOUT ATTORNEY(Name. State Bar number, and address):
FOR COURT USE ONLY
Michael John Miguel (State Bar No. 145182)
McKool Smith, P.C.
300 S. Grand Ave., Ste 2900, Los Angeles 90071
TELEPHONE NO.: 213-694-1200 FAX NO.(Optional): 213-694-1234
E-MAIL ADDRESS(Optional): mmiguel@mckoolsmith.eom
ATTORNEY FOR (Name): pQx Paine & Company, LLC et al.
SUPERIOR COURT OF CALIFORNIA,COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAlllster St.
MAILING ADDRESS:
CITY AND ZIP CODE: San Francisco, CA 94102
BRANCH NAME: Civic Center Courthouse
PLAINTIFF/PETITIONER: Fox Paine & Company, LLC et al.
DEFENDANT/RESPONDENT: Twin City Fire Insurance Company
CASE NUMBER:
DEPOSITION SUBPOENA
CGC-17-557275
FOR PERSONAL APPEARANCE
THE PEOPLE OF THE STATE OF CALIFORNIA,TO(name, address, and telephone number of deponent, if known):
Mitchell Presser
250 W 55th St, New York. NY 10019
(212)336-4432
1 YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and
place:
Date: October 27, 2023 Time:9:00 A.M. Address: 395 9th Avenue, 50th Fir. New York, NY 10001
a. I I As a deponent who Is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 2.(Code Civ. Proc., § 2025.230.)
b. CX] This deposition will be recorded stenographically I x I through the instant visual display of testimony
and by I I audiotape I x I videotape.
c. 13 This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
I I If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are as
follows:
3. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you
sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at
the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the
court orders or you agree otherwise, if you are being deposed as an individual the deposition must take place within 75 miles of your
residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is
pending. The location ofthe deposition for all deponents is govemed by Code of Civil Procedure section 2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT.YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: 10/11/2023
Michael Miguel
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA)
Attorney
(TITLE)
(Proof of service on reverse) Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure §§ 2020.310,
DEPOSITION SUBPOENA 2025.220, 2025.230, 2025.250, 2025.620
Judicial Council of California
Government Code,§68097.1
SUBP-01S[Rev. January 1.2009] FOR PERSONAL APPEARANCE wvm.coutts.ca.gov
FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023
SUBP-015
PLAINTIFF/PETITIONER: Fox Paine & Company, LLC et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Twin City Fire Insurance Company CGC-17-557275
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
1. I served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows:
a. Person served (name)\
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. Witness fees and mileage both ways(check one):
(1) I I were paid. Amount: $
(2) I I were not paid.
(3) I I were tendered to the witness's
public entity employer as
required by Government Code
section 68097.2. The amount
tendered was (specify): $
f. Fee for service: $
2. I received this subpoena for service on (date):
3. Person serving:
a. I I Not a registered California process server
b. I I California sheriff or marshal
c. I I Registered California process server
d. I I Employee or independent contractor of a registered California process server
e. I I Exempt from registration under Business and Professions Code section 22350(b)
f. I I Registered professional photocopier
g. I I Exempt from registration under Business and Professions Code section 22451
h. Name, address, telephone number, and, if applicable, county of registration and number:
I declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)
California that the foregoing is true and correct. I certify that the foregoing is true and correct.
Date: Date:
(SIGNATURE) (SIGNATURE)
SUBP-015[Rev. January 1.2009) PROOF OF SERVICE OF ^ ^
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023
1 Zachary Mazin (NY Bar No. 4187175)
zmazin@mckoolsmith.com
2 MCKOOL SMITH, P.C.
One Manhattan West
3 395 9th Avenue, 50th Floor
New York, NY 10001
4 Telephone: (212) 402-9400
Facsimile: (212) 402-9444
5
Michael John Miguel (CA Bar No. 145182)
6 mmiguel@mckoolsmith.com
Jack L. Meyer (CA Bar No. 323915)
7 jmeyer@mckoolsmith.com
Makenna A. Miller (CA Bar No. 329244)
8 mmiller@mckoolsmith.com
MCKOOL SMITH, P.C.
9 300 South Grand Avenue, Suite 2900
Los Angeles, California 90071
10 Telephone: (213) 694-1200
Facsimile: (213) 694-1234
11
Attorneys for Plaintiffs
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SAN FRANCISCO
15
16 FOX PAINE & COMPANY, LLC; FOX PAINE ) Civil Action No. CGC-17-557275
CAPITAL FUND II INTERNATIONAL, L.P.; ) [Assigned for all purposes to the Hon.
17 FP INTERNATIONAL LPH, L.P.; ) Andrew Y.S. Cheng in Dept. 613]
FOX PAINE INTERNATIONAL GP, LTD.; and )
18
SAUL A. FOX, )
19 Plaintiffs, ) SUBPOENA AD TESTIFICANDUM
v. )
20 )
TWIN CITY FIRE INSURANCE )
21 ) Complaint filed: February 27, 2017
COMPANY; ST. PAUL MERCURY Trial Date: January 22, 2024
INSURANCE COMPANY; LIBERTY )
22 )
MUTUAL INSURANCE COMPANY;
)
23 and DOES )
1-5, INCLUSIVE. )
24 )
Defendants. )
25
)
26 )
27
28
SUBPOENA AD TESTIFICANDUM
FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023
1 THE PEOPLE OF THE STATE OF NEW YORK,
2 TO: Mitchell Presser
250 W 55th St, New York, NY 10019
3
(212) 336-4432
4
PLEASE TAKE NOTICE that pursuant to Articles 23 and 31 of the New York Civil
5
Practice Law and Rules (“CPLR”), you are hereby commanded to appear and attend
6
before McKool Smith, P.C. attorney(s) for Plaintiffs Fox Paine & Company, LLC; Fox Paine
7
8 Capital Fund II International, L.P.; FP International LPH, LP.; Fox Paine International LPH GP,
9 Ltd.; and Saul A. Fox (collectively, “Plaintiffs”) on October 27, 2023 at 9:00 A.M. at McKool
10 Smith P.C., One Manhattan West, 395 9th Avenue, 50th Flr. New York, NY 10001.
11
PLEASE TAKE NOTICE that, pursuant to NYCRR § 202.15, the deposition will be
12
recorded by videographic and stenographic means by an employee of Magna Legal Services, 320
13
West 37th Street, 12th Floor, New York, NY 10018.
14
15 PLEASE TAKE FURTHER NOTICE that failure to respond to the Subpoena may
16 subject you to a penalty, damages in a civil suit and punishment for contempt of court.
17
18 Dated: New York, New York
19
October 11, 2023
20
/s/ Zachary Mazin
21 MCKOOL SMITH, P.C.
By: Zachary Mazin
22
Michael John Miguel
23 Jack L. Meyer
Makenna Miller
24 Attorneys for Plaintiff
25
26
27
28
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SUBPOENA AD TESTIFICANDUM
FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023
1 Additional Counsel of Record
2 Christopher C. Frost Attorneys for Defendant,
Maynard, Cooper & Gale
3 Twin City Fire Insurance Company
1901 Sixth Avenue North
4 2400 Regions Harbert Plaza
Birmingham, AL 35203
5 cfrost@maynardcooper.com
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8
9
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-2-
SUBPOENA AD TESTIFICANDUM
Preview
FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023 Exhibit B FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023 SUBP-015 ATTORNEY OR PARTY WITHOUT ATTORNEY(Name. State Bar number, and address): FOR COURT USE ONLY Michael John Miguel (State Bar No. 145182) McKool Smith, P.C. 300 S. Grand Ave., Ste 2900, Los Angeles 90071 TELEPHONE NO.: 213-694-1200 FAX NO.(Optional): 213-694-1234 E-MAIL ADDRESS(Optional): mmiguel@mckoolsmith.eom ATTORNEY FOR (Name): pQx Paine & Company, LLC et al. SUPERIOR COURT OF CALIFORNIA,COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAlllster St. MAILING ADDRESS: CITY AND ZIP CODE: San Francisco, CA 94102 BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETITIONER: Fox Paine & Company, LLC et al. DEFENDANT/RESPONDENT: Twin City Fire Insurance Company CASE NUMBER: DEPOSITION SUBPOENA CGC-17-557275 FOR PERSONAL APPEARANCE THE PEOPLE OF THE STATE OF CALIFORNIA,TO(name, address, and telephone number of deponent, if known): Mitchell Presser 250 W 55th St, New York. NY 10019 (212)336-4432 1 YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: October 27, 2023 Time:9:00 A.M. Address: 395 9th Avenue, 50th Fir. New York, NY 10001 a. I I As a deponent who Is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 2.(Code Civ. Proc., § 2025.230.) b. CX] This deposition will be recorded stenographically I x I through the instant visual display of testimony and by I I audiotape I x I videotape. c. 13 This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). I I If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are as follows: 3. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an individual the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is pending. The location ofthe deposition for all deponents is govemed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT.YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: 10/11/2023 Michael Miguel (TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA) Attorney (TITLE) (Proof of service on reverse) Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure §§ 2020.310, DEPOSITION SUBPOENA 2025.220, 2025.230, 2025.250, 2025.620 Judicial Council of California Government Code,§68097.1 SUBP-01S[Rev. January 1.2009] FOR PERSONAL APPEARANCE wvm.coutts.ca.gov FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023 SUBP-015 PLAINTIFF/PETITIONER: Fox Paine & Company, LLC et al. CASE NUMBER: DEFENDANT/RESPONDENT: Twin City Fire Insurance Company CGC-17-557275 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 1. I served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows: a. Person served (name)\ b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways(check one): (1) I I were paid. Amount: $ (2) I I were not paid. (3) I I were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify): $ f. Fee for service: $ 2. I received this subpoena for service on (date): 3. Person serving: a. I I Not a registered California process server b. I I California sheriff or marshal c. I I Registered California process server d. I I Employee or independent contractor of a registered California process server e. I I Exempt from registration under Business and Professions Code section 22350(b) f. I I Registered professional photocopier g. I I Exempt from registration under Business and Professions Code section 22451 h. Name, address, telephone number, and, if applicable, county of registration and number: I declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) SUBP-015[Rev. January 1.2009) PROOF OF SERVICE OF ^ ^ DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023 1 Zachary Mazin (NY Bar No. 4187175) zmazin@mckoolsmith.com 2 MCKOOL SMITH, P.C. One Manhattan West 3 395 9th Avenue, 50th Floor New York, NY 10001 4 Telephone: (212) 402-9400 Facsimile: (212) 402-9444 5 Michael John Miguel (CA Bar No. 145182) 6 mmiguel@mckoolsmith.com Jack L. Meyer (CA Bar No. 323915) 7 jmeyer@mckoolsmith.com Makenna A. Miller (CA Bar No. 329244) 8 mmiller@mckoolsmith.com MCKOOL SMITH, P.C. 9 300 South Grand Avenue, Suite 2900 Los Angeles, California 90071 10 Telephone: (213) 694-1200 Facsimile: (213) 694-1234 11 Attorneys for Plaintiffs 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SAN FRANCISCO 15 16 FOX PAINE & COMPANY, LLC; FOX PAINE ) Civil Action No. CGC-17-557275 CAPITAL FUND II INTERNATIONAL, L.P.; ) [Assigned for all purposes to the Hon. 17 FP INTERNATIONAL LPH, L.P.; ) Andrew Y.S. Cheng in Dept. 613] FOX PAINE INTERNATIONAL GP, LTD.; and ) 18 SAUL A. FOX, ) 19 Plaintiffs, ) SUBPOENA AD TESTIFICANDUM v. ) 20 ) TWIN CITY FIRE INSURANCE ) 21 ) Complaint filed: February 27, 2017 COMPANY; ST. PAUL MERCURY Trial Date: January 22, 2024 INSURANCE COMPANY; LIBERTY ) 22 ) MUTUAL INSURANCE COMPANY; ) 23 and DOES ) 1-5, INCLUSIVE. ) 24 ) Defendants. ) 25 ) 26 ) 27 28 SUBPOENA AD TESTIFICANDUM FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023 1 THE PEOPLE OF THE STATE OF NEW YORK, 2 TO: Mitchell Presser 250 W 55th St, New York, NY 10019 3 (212) 336-4432 4 PLEASE TAKE NOTICE that pursuant to Articles 23 and 31 of the New York Civil 5 Practice Law and Rules (“CPLR”), you are hereby commanded to appear and attend 6 before McKool Smith, P.C. attorney(s) for Plaintiffs Fox Paine & Company, LLC; Fox Paine 7 8 Capital Fund II International, L.P.; FP International LPH, LP.; Fox Paine International LPH GP, 9 Ltd.; and Saul A. Fox (collectively, “Plaintiffs”) on October 27, 2023 at 9:00 A.M. at McKool 10 Smith P.C., One Manhattan West, 395 9th Avenue, 50th Flr. New York, NY 10001. 11 PLEASE TAKE NOTICE that, pursuant to NYCRR § 202.15, the deposition will be 12 recorded by videographic and stenographic means by an employee of Magna Legal Services, 320 13 West 37th Street, 12th Floor, New York, NY 10018. 14 15 PLEASE TAKE FURTHER NOTICE that failure to respond to the Subpoena may 16 subject you to a penalty, damages in a civil suit and punishment for contempt of court. 17 18 Dated: New York, New York 19 October 11, 2023 20 /s/ Zachary Mazin 21 MCKOOL SMITH, P.C. By: Zachary Mazin 22 Michael John Miguel 23 Jack L. Meyer Makenna Miller 24 Attorneys for Plaintiff 25 26 27 28 -1- SUBPOENA AD TESTIFICANDUM FILED: NEW YORK COUNTY CLERK 12/07/2023 10:35 AM INDEX NO. 161881/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/07/2023 1 Additional Counsel of Record 2 Christopher C. Frost Attorneys for Defendant, Maynard, Cooper & Gale 3 Twin City Fire Insurance Company 1901 Sixth Avenue North 4 2400 Regions Harbert Plaza Birmingham, AL 35203 5 cfrost@maynardcooper.com 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- SUBPOENA AD TESTIFICANDUM