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SUBP
SUMMIT COBY EO Rien PLEAS COURT
RULE 45
THE STANDARD FIRE INSUR, ANEESPR 12 AM 738 2024 00 0014
en
PLAINTIFF
CASE NO.
im
1 ry .
wd uh CV2023-013503
a
vs. ou ‘(FOREIGN CASE NO.
recy (if applicable)
AMANDA ELGEY lr SUBPOENA IN CIVIL CASE
DEFENDANT
Anthony Julian, Esq.
ATTORNEY/PRO SE:
40 N. Central Ave.
Appress: Phoenix, AZ 85004
602-263-44-4
Paragon Subrogation Services PHONE:
(NAME)
695 Boston Mills Road
(ADDRESS) SUPREME CT. NO. a
Hudson, Ohio 44236
(CITY, STATE, ZIP)
YOU ARE HEREBY COMMANDED TO.
ATTEND AND GIVE TESTIMONY AT A (TRIAL)(HEARING)(DEPOSITION) ON THE
at j24 . 9:30AM Jones, Skelton & Hochuli
DATE, PLACE;
PRODUCE DOCUMENTS, ELECTRONICALLY STORED INFORMATION, OR TANGIBLE THINGS AT
TRIAL,HEARING OR DESPOSITION.
>X_PRODUCE AND PERMIT INSPECTION AND COPYING OF ANY DESIGNATED DOCUMENTS OR
ELECTRONICALLY STORED INFORMATION THAT ARE IN YOUR POSSESSION, CUSTODY, OR CONTROL.
PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING, OR SAMPLING OF ANY TANGIBLE THING
THAT ARE IN YOUR POSSESSION, CUSTODY, OR CONTROL.
PERMIT ENTRY UPON DESIGNATED LAND OR OTHER PROPERTY THAT IS IN THE POSSESSION OR,
CONTROL OF YOU FOR THE PURPOSES DESCRIBED IN CIV. R. 34(A)(3),
See Exhibit A of Local Subpoena
DESCRIPTION OF ITEMS TO BE PRODUCED:
HEREOF FAIL NOT UNDER PENALTY OF THE LAW WITNESS MY SIGNATURE AND SEAL OF SAID COURT, THIS
TAVIA GALONSKI /"°4pitl_»
CLERK OF COURTS Clerk, Auomey, Notary
Deputy Sigh
RETURN OF SERVICE
Received this Subpoena on the day of 20__at M. and on the, day of 20_,at
M., I served the same upon by delivering to
Personally or Residential a true copy of this subpoena.
‘Sheriff Attomey-Process Server-Notary
Mileage: miles@ : TOTALS
*
PROTECTION OF PERSONS SUBJECT TO SUBPOENAS:
1 A panty or an attomey responsible for the issuance and sarvice af'a subpoena shall take reasonable steps to avoid
imposing undue burden or expense on a person subject to that subpoena,
2. (a) A person, commanded to preduce under divisions (A)(1)(bYii (it), (iv) or (v) of this rule need net 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 (D2) of this rule, a person commanded to produce under divisions (A)(1)(bMi),(iii)(iv), or (v)
ofthis 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 attomey designated in the subpoena written objections to
production. If objection is made, the party serving the subpoena shal! not be entitled to production except pursuant to an
order ofthe 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 o! fFicer ofa perty from significant expense resulting
from the production commanded.
3,0n timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order
appearance or production only under specitied conditions, if the subpoena does any of the Following — Fails to allow
reasonable time to comply; requires disclosure of privileged or otherwise protected matter end no exception or waiver
plies; requires disclosure of a fect 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 C1V R. 26(B)(4), if the fact or opinion does not describe
specific events or occurrences in dispute and results from study by the expert that was not made at request of any party;
subjects a person to undue burden.
4 Before filing a motion pursuant ta division (C) (3) (d) of this rule, a person resisting discovery under this rule shall
attempt to resolve any claim of undue burden though discussions with the issuing attomey. A motion filed pursuant to
division (C) (3)(d) of this rule shall be supported by an affidavit of the subpocnaed 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)(¢) of this rule, the court shall quash or modify the subpoena unless
the party in whose behalf 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,
DUTIES IN RESPONDING TO SUBPOENAS:
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 he categories in the subpoena. A person
producing documents or electronically stored information pursuant toa 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.
Ifa request does not specify the form or forms for praducing electronically stored information, a person responding to
a subpoena may produce the information in a form or forms in which the information responding is ordinarily
maintained if that form is reasonable useable, or in any form that is reasonably useable. Unless ordered by the court
or agreed to by the person subpoenaed, a person responding toa subpoena need net produce the same electronically
stored information in more than one form.
3. A person need not provide discovery ofelectronically stored information when the production imposes undue burden
or expense, On motion to compel discovery of for a protective order, the person from wham elestronically stored
information is sought must show that the information is not reasonably accessibie because of undue burden or
expense, Ifa showing of undue burden or expense is made, the court may nonetheless order production of
clectronically stored information if the requesting party shows gocd cause. The court shall consider the factors in
Civ. R, 26(B)(4) when determining if good cause exists. In ordering production of electronically stared information,
the court may specify the format, extent, timing, allocation of expenses and other conditions for discovery of the
electronically stored information.
When information subject to «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.
If information is produced in response to a 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 receiving perty must promptly return, sequester, or destroy the specified
inform: iw and any copies within the party's possession, custody or control. A party may not use or disclose the
information until the claim is resclved, A receiving party may promptly present the information to the court under
seat for determination ofthe claim of privilege or ofprotection as trial-preparation material. If the receiving party
disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced
‘the information must preserve the information until the claim is resolved.
SANCTIONS:
1, Failure by any person without adequate excuse to obey a subpoena served upon thet person may be deemed contempt of the court
from which the subpoena issued, A subpoenaed person or that person’s attomiey who frivolously resists discovery under this rule may
be required by the court to pay the reasonable expenses, including reasonable attomey’s fees of the party seeking discovery, The court
from which a subpoena was issued may impose upon a party or attorney in breach ofthe duty imposed by division (C)(1) of this rule
2n appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attomey’s fees.
WG! KI
TA ALOONS!
WH APR 2 ART 38
Po UNTY:
A RTS
William D. Holm, Bar #007412 :
AnthonyJ. Julian, Bar #037897
JONES, SKELTON & HOCHULI P.L.C
40 N. Central Avenue, Suite 2700
2024 00 0014
Phoenix, Arizona 85004
Telephone: (602) 263-1712
Fax: (602) 200-7804
wholm@jshfirm.com
ajulian@jshfirm.com
minuteentries@jshfirm.com
Attorneys for Defendant Amanda Elgey
SUPERIOR COURT OF THE STATE OF ARIZONA
COUNTY OF MARICOPA
THE STANDARD FIRE INSURANCE NO. CV2023-013503
10) COMPANY,
SUBPOENA DUCES TECUM
ll Plaintiff,
(FOR RECORDS ONLY)
12 Vv.
(Assigned to the Honorable Katherine Cooper)
13 AMANDA ELGEY, an Arizona individual
ABC PARTNERSHIPS I-X, XYZ
14 CORPORATIONS I-X, JOHN DOES I-X:
AND JANE DOES I-X,
15
Defetidants
16
17 TO: Paragon Subrogation Services
695 Boston Mills Road
18 Hudson, Ohio 44236
19
20
(Place a check mark in one or more of the following box(es), as appropriate.)
21
22
23
116822127.1
1. ] For Attendance of Witnesses at Hearing or Trial:
YOU ARE ORDERED TO APPEAR in the Superior Court of Arizona in County County,
at the date, time, and place specified below to testify ata [] Hearing [Trial in the
case named above, before:
Judicial Officer:
(at) Address:
Building:
Floor: Room #:
Date: Time:
-
2. CL) For Taking of Depositions:
YOU ARE ORDERED TO APPEAR at the place, date and time specified below to testify
at the taking of a deposition in the above-named case?
10 Place of Deposition:
Ii (at) Address
Building
12 Floor: Room #:
Date. Time:
13 Method of Recording:
14
CIVIL SUBPOENA DUCES TECUM
15
3. XX] For Production of Documentary Evidence Or Objects or Inspection of Premises:
16
~ YOU ARE ORDERED to produce and permit inspection, copying, testing, or sampling
17 of the following designated documents, electronically stored information or tangible
things, or to permit the inspection of the premises at the place, date, and time specified
18 below:
19 LIST Documents, Information or Objects:
20
See Exhibit A
21
22
23 XX] Additional items listed on attached page(s)
24 EJ TO BRING WITH YOU to the court proceeding or deposition, OR to the following
place of Production or Inspection:
25
116822127.1
Place of Production or Inspection: Jones, Skelton & Hochuuli, PLC
(at) Address: 40 North Central Avenue
Phoenix, Arizona 85004
Floor: Suite 2700 Room #:
Date: 4/12/24 Time: 9:30 A.M.
YOUR APPEARANCE IS NOT REQUIRED if the items ordered to be produced are
delivered to the requesting party within the time allowed AND you are not otherwise
ordered to appear.
10
11
12)
13
14)
15
16
17
18
19)
20)
21
22)
23
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116822 127.1
YOUR DUTIES IN RESPONDING TO THIS CIVIL SUBPOENA*
*See Arizona Rules of Civil Procedure (A.R.C.P.), Rules 45(b), (c), and (e), and the "Your
Right to Object to this Subpoena" section below.
ATTENDANCE AT A TRIAL: If this subpoena commands you to appear at a trial, you must
appear at the place, date and time designated in the subpoena unless you file a timely motion with
the court and the court quashes or modifies the subpoena. Unless a court orders otherwise, you
are required to travel to any part of the state to attend and give testimony at a trial.
ATTENDANCE AT A HEARING OR DEPOSITION: If this subpoena commands you to
appear at a hearing or deposition, you must appear at the place, date and time designated in this
subpoena unless either:
(1) you file a timely motion with the court and the court quashes or modifies the subpoena; or
(2) you are not a party or a party's officer and this subpoena commands you to travel to a place
other than:
10
(a) the county where you reside or you transact business in person; or
11
(b) the county in which you were served with the subpoena or within forty (40) miles from
12 the place of service; or
13 (c) such other convenient place fixed by a court order
14) PRODUCTION OF DOCUMENTARY EVIDENCE: If this subpoena commands you to
produce and permit inspection, copying, testing or sampling of designated documents,
15 electronically stored information, or tangible things, you must make the items available at the
place, date and time designated in this subpoena, and in the case of electronically stored
16 information, in the form or forms requested, unless you provide a good faith written objection to
the party or attorney who served the subpoena.
17
You may object to the production of electronically stored information from sources that you
identify as not reasonably accessible because of undue burden or expense, including sources that
18
are unduly burdensome or expensive to access because of the past good-faith operation of an
electronic information system or good faith or consistent application of a document retention
19 policy. See "Your Right to Object to This Subpoena” section below.
20) If this subpoena does not specify a form for producing electronically stored information, you may
produce it in native form or in another reasonably usable form that will enable the receiving party
21 to have the same ability to access, search, and display information as the responding person, but
you need not produce the same electronically stored information in more than one form.
22)
If the subpoena commands you to produce documents, you have the duty to produce the
23 designated documents as they are kept by you in the usual course of business, or you may organize
the documents and label them to correspond with the categories set forth in the subpoena
24)
INSPECTION OF PREMISES: If this subpoena commands you to make certain premises
25 available for inspection, you must make the designated premises available for inspection on the
4
116822127.1
yi
date and time designated in this subpoena unless you provide a good faith written objection to the
party or attorney who served the subpoena.
COMBINED SUBPOENA: You should note that a command to produce certain designated
materials, or to permit the inspection of premises, may be combined with a command to appear at
a trial, hearing or deposition. You do not, however, need to appear in person at the place of
production or inspection unless the subpoena also states that you must appear for and give
testimony at a hearing, trial, or deposition.
YOUR RIGHT TO OBJECT TO THIS SUBPOENA
I. GENERALLY. If you have concerns or questions about this subpoena, you should first
contact the party or attorney who served the subpoena. The party or attorney serving the
subpoena has a duty to take reasonable steps to avoid imposing an undue burden or expense
on you. The superior court enforces this duty and may impose sanctions upon the party or
attorney serving the subpoena if this duty is breached.
Unless otherwise ordered by the court for good cause, the party seeking discovery from you
10 must pay your reasonable expenses incurred in responding to a subpoena seeking the
production of documents, electronically stored information, tangible things, or an inspection
11 of premises.
12) © If you seek payment of expenses other than routine clerical and per-page costs as
allowed by A.R.S. § 12-351, you must object on the grounds of undue burden to
13 producing the materials without the subpoenaing party's payment, and send an
advanced estimate of those expenses to the subpoenaing party before the time specified
14 for compliance or within 14 days after the subpoena is served, whichever is earlier.
15 You-need not comply with those parts of the subpoena that are the subject of the
objection, unless the court. orders. you to-do so. The court may enter an order
16 conditioning your response to the subpoena on payment of your additional expenses,
including ordering payment of those expense in advance.
17
PROCEDURE FOR OBJECTING TO A SUBPOENA FOR ATTENDANCE AT A
18 HEARING, TRIAL OR DEPOSITION:
‘th
If you wish to object to a subpoena commanding your a| earance at a hearing, trial
©
19 or deposition, you must file a motion to quash or modify ¢ subpoena with the court
to obtain a court order excusing you from complying with this subpoena.*
20
The motion must be filed in the superior court of the county in which the case is
21 pending or in the superior court of the county from which the subpoena was issued.*
22 The motion must be filed before the time specified for compliance or within 14 days
after the subpoena is served, whichever is earlier.*
23
You must send a copy of any motion to quash or modify the subpoena to the party
24 or attorney who served the subpoena.
Even if you file such a motion, you must still attend and testify at the date, time and
25 place specified in the subpoena, unless excused from doing so—by the party or
5
116822127.1
attorney serving the subpoena or by a court order—before the date and time
specified for your appearance.
Hi. COURT MODIFIES or VOIDS (quashes) CIVIL SUBPOENA
A The court must quash or modify a subpoena jf. ...
ay the subpoena does not provide a reasonable time for compliance;
Q) unless the subpoena commands your attendance at a trial, if you are not a
party or a party's officer and if the subpoena commands you to travel to a
place other than:
a. the county in which you reside or transact business in person;
b the county in which you were served with a subpoena, or within forty
(40) miles from the place of service; or
10 C. such other convenient place fixed by a court order; or
11 G) the subpoena requires disclosure of privileged or other protected matter, if
no exception or waiver applies; or
12
(4) the subpoena subjects you to undue burden,
13
The court may quash or modify a subpoena if wee
14
(1) the subpoena requires you to disclose a trade secret or other confidential
15 research, development or commercial information;
16 Q) you are an unretained expert and the subpoeia requires you to disclose your
opinion or information resulting from your study that you have not been
17 requested by any party to give on matters that are specific to the dispute;
18) @) you are not a party or a party's officer and the subpoena would require you
to incur substantial travel expense; or
19
(4) the court determines’
that justice requires the subpoena to be quashed or
20 modified.
21 In these last four circumstances a court may instead of quashing or modifying a
subpoena, order your appearance or order the production of material under specified
22 conditions if:
23| a. the serving party or attorney shows a substantial need for the
testimony or material that cannot be otherwise met without undue
24 hardship; and
25 your travel expenses or the expenses resulting from the production are
at issue, the court ensures that you will be reasonably compensated.
6
146822127.1
1 IV. PROCEDURE FOR OBJECTING to subpoena for production of documentary evidence:
2 A If you wish to object to a subpoena commanding you to produce documents,
electronically stored information or tangible items, or to permit the inspection of
3 premises, you may send a good faith written objection to the party or attorney
serving the subpoena that objects to: .
4
(dy producing, inspecting, copying, testing or sampling any or all of the materials
designated in the subpoena;
(2) inspecting the premises; or
@) producing electronically stored information in the form or forms requested
or from sources that are not reasonably accessible because of undue burden
or expense, the good faith routine operation of an electronic information
system, or the good faith and consistent application of a document retention
policy.
10 You may also object on the ground that the subpoena seeks the production of
materials that have already been produced in the action or that are available from
ll parties to the action.
12) If you seek payment of expenses other than routine clerical and per page copying
costs as allowed by A.R.S. § 12-351, you must object on the grounds of undue
13 burden to producing the materials without subpoenaing party's payment, and
provide an advance estimate of those additional expenses.
14
You must send your written objection to the party or. attorney who served the
15 subpoena before the time specified for compliance or within 14 days after the
subpoena is served, whichever is earlier.
16
If you object because you claim the information requested is privileged, protected,
17 or subject to protection as trial preparation material, you must express the objection
clearly, and identify in writing the information, document, or electronically stored
18 information withheld and describe the nature of that information, document, or
electronically stored information in a matter that — without revealing information
19 that is itself privileged or protected — will enable the demanding party to access the
claim.
20
You may object to providing the information required by Rule 26(b)(6)(A) if
21 providing the information would impose an undue burden or expense.
22 If you object to the subpoena in writing, you do not need to comply with the
subpoena until a court orders you to do so. It will be up to the party or attomey
23 serving the subpoena to first personally consult with you and engage in good faith
efforts to resolve your objection and, if the objection cannot be resolved, to seek an
24 order from the court to compel you to provide the documents or inspection
requested, after providing notice to you.
25
116822127.1
If you are not a party to the litigation, or a party's officer, the court will issue an
order to protect you from any significant expense resulting from the inspection and
copying commanded. See Rule 45(c)(6)(B) of the Arizona Rules of Civil Procedure
Instead of sending a written objection to the party or attorney who served the
subpoena, you also have the option of raising your objections in a motion to quash
or modify the subpoena, or through a protective order. See Rule 45(c)(6)(B) and
(e)(2) of the Arizona Rules for Civil Procedure. The procedure and grounds for
doing so are described in the section above entitled "Procedure for Objecting to a
Subpoena for Attendance at a Hearing, Trial or Deposition.
If the subpoena also commands your attendance at a hearing, trial or deposition,
sending a written objection to the party or.attorney who served the subpoena does
not suspend or modify your obligation to attend and give testimony at the date, time
and place specified in the subpoena. See Rule 45(c)(6)(A)(iii) of the Arizona Rules
of Civil Procedure.
ay If you wish to object to the portion of this subpoena requiring your attendance
10) at a hearing, trial or deposition, you must file a motion to quash or modify
the subpoena as ‘described in the section above entitled "Procedure for
11 Objecting to a Subpoena for Attendance at a Hearing, Trial or Deposition.”
See Rule 45(b)(S) and 45(6) (AMG) of the Arizona Rules of Civil
12) Procedure.
13 2) Even if you file such a motion, you must still attend and testify at the date.
time, and place specified in the subpoena, unless excused from doing so—by
14 the party or attorney serving the subpoena or by a court order—before the date
and time specified for your appearance
15
ADA NOTIFICATION
16
Requests for reasonable accommodation for persons with disabilities must be made to the division
17 assigned to the case by the party needing accommodation or his/her counsel at least three (3)
judicial days in advance of a scheduled proceeding,
18
INTERPRETER NOTIFICATION
19
Requests for an interpreter for persons with limited English proficiency must be made to the
20) division assigned to the case by the party needing the interpreter and/or translator or his/her
counsel at Jeast ten (10) judicial days in advance of a scheduled court proceeding.
SIGNED AND SEALED this date
22 i ne
Jeff Fine, Clerk of Supéito Ir Counts
23
wr? en
st oiie
24 BY,
a
aan
Deputy Clerk pr Cour”
25
8
116822127.1
Exhibit A
Case No, CV2023-013503
You are to produce your entire file, concerning the incident which occurred on July 9, 2022
at 2834 South Extension Road, Unit 1082, Mesa, Arizona 85210, including but not limited to
reports, supplemental reports, native photos of the premises, interviews and/or reports with
any witnesses, estimates for repairs from any and all vendors involved with the subject
project and any communications related to your investigation of the property.
10
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12)
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22)
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116822127.1
1 COPY of the foregoing mailed/e-mailed
this 20th day of March, 2024, to:
Walter Grochowski
3} Ray Lego & Associates
PO Box 64093
4] St. Paul, MN 55164-0093
Attorneys for Plaintiff
6
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(fs Hitmen
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116822127.
Jud
ISH.
CHRISTINE F. GLEITSMANN
Powe: (602) 235-7117 JONES, AON. CENTRAL AVENUE
Suire 2700
Fax: (602) 651-7518
CGLEITSMANN@JSHFIRM.COM
SKELTON& PHOENIX, ARIZONA 85004
Puone: (602) 263-1700
HOCHUL, PL.C. Fax: (602) 651-7599
J SHFIRM.COM
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March 27, 2024
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Paragon Subrogation Services
695 Boston Mills Road 2024 00 0014 2
Hudson, Ohio 44236 oft
eS
ra 62 aS
Re: The Standard Fire Insurance Co. v. Elgey
Case No, CV2023-013503
Dear Sir/Madam
Enclosed is a Subpoena Duces Tecum, directing your office to produce its complete
file as set forth in the Subpoena. We do not intend to take testimony at a deposition, but merely
want to procure all records regarding this matter
You may comply with the Subpoena Duces Tecum by e-mailing, faxing or mailing
the documents to me by the date specified in the subpoena. If you wish to appear in person with
the records, please contact me and we will schedule a court reporter.
Please forward your statement for photocopying along with the records, and we will
remit payment. Pursuant to A.R.S. § 12-351, payment will be made at the rate of $0.25 per page
of photocopying and $25.00 per hour of clerical time necessary in locating and photocopying the
records upon presentation of an itemized statement: Please do not include copies of our subpoena
and letters in your invoice.
Please be sure you sign the attached Declaration of the Custodian of Records to
attest that the records you are producing pursuant to the Subpoena Duces Tecum served upon you.
are your entire file(s) as requested. Please contact me if at (602) 235-7117 if you will not be able
to produce the documents by the date indicated on the subpoena.
We appreciate your cooperation and look forward to receiving your records.
Sincerely,
(i six ibaa
Christine F, Gleitsmann
Paralegal
CFG/
116855071 |
,
DECLARATION OF THE CUSTODIAN OF RECORDS
1. I, , of Paragon Subrogation Services, am the duly
authorized custodian of records of the entity described in the attached Subpoena Duces Tecum
and J have authority to certify the records.
2. The attached copy is a true copy of all the records described in the Subpoena and
consists of pages.
3 The records were prepared in the ordinary course of business of our office at or
near the time of the act, condition or event described therein or were received and maintained by
our office in the ordinary course of our business.
4. I declare and verify under penalty of perjury that the contents thereof are true and
correct to the best of my knowledge.
DATED this day of 2024.
Custodian of Records
11685$241.1
Preview
” SUBP SUMMIT COBY EO Rien PLEAS COURT RULE 45 THE STANDARD FIRE INSUR, ANEESPR 12 AM 738 2024 00 0014 en PLAINTIFF CASE NO. im 1 ry . wd uh CV2023-013503 a vs. ou ‘(FOREIGN CASE NO. recy (if applicable) AMANDA ELGEY lr SUBPOENA IN CIVIL CASE DEFENDANT Anthony Julian, Esq. ATTORNEY/PRO SE: 40 N. Central Ave. Appress: Phoenix, AZ 85004 602-263-44-4 Paragon Subrogation Services PHONE: (NAME) 695 Boston Mills Road (ADDRESS) SUPREME CT. NO. a Hudson, Ohio 44236 (CITY, STATE, ZIP) YOU ARE HEREBY COMMANDED TO. ATTEND AND GIVE TESTIMONY AT A (TRIAL)(HEARING)(DEPOSITION) ON THE at j24 . 9:30AM Jones, Skelton & Hochuli DATE, PLACE; PRODUCE DOCUMENTS, ELECTRONICALLY STORED INFORMATION, OR TANGIBLE THINGS AT TRIAL,HEARING OR DESPOSITION. >X_PRODUCE AND PERMIT INSPECTION AND COPYING OF ANY DESIGNATED DOCUMENTS OR ELECTRONICALLY STORED INFORMATION THAT ARE IN YOUR POSSESSION, CUSTODY, OR CONTROL. PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING, OR SAMPLING OF ANY TANGIBLE THING THAT ARE IN YOUR POSSESSION, CUSTODY, OR CONTROL. PERMIT ENTRY UPON DESIGNATED LAND OR OTHER PROPERTY THAT IS IN THE POSSESSION OR, CONTROL OF YOU FOR THE PURPOSES DESCRIBED IN CIV. R. 34(A)(3), See Exhibit A of Local Subpoena DESCRIPTION OF ITEMS TO BE PRODUCED: HEREOF FAIL NOT UNDER PENALTY OF THE LAW WITNESS MY SIGNATURE AND SEAL OF SAID COURT, THIS TAVIA GALONSKI /"°4pitl_» CLERK OF COURTS Clerk, Auomey, Notary Deputy Sigh RETURN OF SERVICE Received this Subpoena on the day of 20__at M. and on the, day of 20_,at M., I served the same upon by delivering to Personally or Residential a true copy of this subpoena. ‘Sheriff Attomey-Process Server-Notary Mileage: miles@ : TOTALS * PROTECTION OF PERSONS SUBJECT TO SUBPOENAS: 1 A panty or an attomey responsible for the issuance and sarvice af'a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena, 2. (a) A person, commanded to preduce under divisions (A)(1)(bYii (it), (iv) or (v) of this rule need net 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 (D2) of this rule, a person commanded to produce under divisions (A)(1)(bMi),(iii)(iv), or (v) ofthis 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 attomey designated in the subpoena written objections to production. If objection is made, the party serving the subpoena shal! not be entitled to production except pursuant to an order ofthe 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 o! fFicer ofa perty from significant expense resulting from the production commanded. 3,0n timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order appearance or production only under specitied conditions, if the subpoena does any of the Following — Fails to allow reasonable time to comply; requires disclosure of privileged or otherwise protected matter end no exception or waiver plies; requires disclosure of a fect 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 C1V R. 26(B)(4), if the fact or opinion does not describe specific events or occurrences in dispute and results from study by the expert that was not made at request of any party; subjects a person to undue burden. 4 Before filing a motion pursuant ta division (C) (3) (d) of this rule, a person resisting discovery under this rule shall attempt to resolve any claim of undue burden though discussions with the issuing attomey. A motion filed pursuant to division (C) (3)(d) of this rule shall be supported by an affidavit of the subpocnaed 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)(¢) of this rule, the court shall quash or modify the subpoena unless the party in whose behalf 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, DUTIES IN RESPONDING TO SUBPOENAS: 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 he categories in the subpoena. A person producing documents or electronically stored information pursuant toa 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. Ifa request does not specify the form or forms for praducing electronically stored information, a person responding to a subpoena may produce the information in a form or forms in which the information responding is ordinarily maintained if that form is reasonable useable, or in any form that is reasonably useable. Unless ordered by the court or agreed to by the person subpoenaed, a person responding toa subpoena need net produce the same electronically stored information in more than one form. 3. A person need not provide discovery ofelectronically stored information when the production imposes undue burden or expense, On motion to compel discovery of for a protective order, the person from wham elestronically stored information is sought must show that the information is not reasonably accessibie because of undue burden or expense, Ifa showing of undue burden or expense is made, the court may nonetheless order production of clectronically stored information if the requesting party shows gocd cause. The court shall consider the factors in Civ. R, 26(B)(4) when determining if good cause exists. In ordering production of electronically stared information, the court may specify the format, extent, timing, allocation of expenses and other conditions for discovery of the electronically stored information. When information subject to «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. If information is produced in response to a 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 receiving perty must promptly return, sequester, or destroy the specified inform: iw and any copies within the party's possession, custody or control. A party may not use or disclose the information until the claim is resclved, A receiving party may promptly present the information to the court under seat for determination ofthe claim of privilege or ofprotection as trial-preparation material. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced ‘the information must preserve the information until the claim is resolved. SANCTIONS: 1, Failure by any person without adequate excuse to obey a subpoena served upon thet person may be deemed contempt of the court from which the subpoena issued, A subpoenaed person or that person’s attomiey who frivolously resists discovery under this rule may be required by the court to pay the reasonable expenses, including reasonable attomey’s fees of the party seeking discovery, The court from which a subpoena was issued may impose upon a party or attorney in breach ofthe duty imposed by division (C)(1) of this rule 2n appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attomey’s fees. WG! KI TA ALOONS! WH APR 2 ART 38 Po UNTY: A RTS William D. Holm, Bar #007412 : AnthonyJ. Julian, Bar #037897 JONES, SKELTON & HOCHULI P.L.C 40 N. Central Avenue, Suite 2700 2024 00 0014 Phoenix, Arizona 85004 Telephone: (602) 263-1712 Fax: (602) 200-7804 wholm@jshfirm.com ajulian@jshfirm.com minuteentries@jshfirm.com Attorneys for Defendant Amanda Elgey SUPERIOR COURT OF THE STATE OF ARIZONA COUNTY OF MARICOPA THE STANDARD FIRE INSURANCE NO. CV2023-013503 10) COMPANY, SUBPOENA DUCES TECUM ll Plaintiff, (FOR RECORDS ONLY) 12 Vv. (Assigned to the Honorable Katherine Cooper) 13 AMANDA ELGEY, an Arizona individual ABC PARTNERSHIPS I-X, XYZ 14 CORPORATIONS I-X, JOHN DOES I-X: AND JANE DOES I-X, 15 Defetidants 16 17 TO: Paragon Subrogation Services 695 Boston Mills Road 18 Hudson, Ohio 44236 19 20 (Place a check mark in one or more of the following box(es), as appropriate.) 21 22 23 116822127.1 1. ] For Attendance of Witnesses at Hearing or Trial: YOU ARE ORDERED TO APPEAR in the Superior Court of Arizona in County County, at the date, time, and place specified below to testify ata [] Hearing [Trial in the case named above, before: Judicial Officer: (at) Address: Building: Floor: Room #: Date: Time: - 2. CL) For Taking of Depositions: YOU ARE ORDERED TO APPEAR at the place, date and time specified below to testify at the taking of a deposition in the above-named case? 10 Place of Deposition: Ii (at) Address Building 12 Floor: Room #: Date. Time: 13 Method of Recording: 14 CIVIL SUBPOENA DUCES TECUM 15 3. XX] For Production of Documentary Evidence Or Objects or Inspection of Premises: 16 ~ YOU ARE ORDERED to produce and permit inspection, copying, testing, or sampling 17 of the following designated documents, electronically stored information or tangible things, or to permit the inspection of the premises at the place, date, and time specified 18 below: 19 LIST Documents, Information or Objects: 20 See Exhibit A 21 22 23 XX] Additional items listed on attached page(s) 24 EJ TO BRING WITH YOU to the court proceeding or deposition, OR to the following place of Production or Inspection: 25 116822127.1 Place of Production or Inspection: Jones, Skelton & Hochuuli, PLC (at) Address: 40 North Central Avenue Phoenix, Arizona 85004 Floor: Suite 2700 Room #: Date: 4/12/24 Time: 9:30 A.M. YOUR APPEARANCE IS NOT REQUIRED if the items ordered to be produced are delivered to the requesting party within the time allowed AND you are not otherwise ordered to appear. 10 11 12) 13 14) 15 16 17 18 19) 20) 21 22) 23 24 25 116822 127.1 YOUR DUTIES IN RESPONDING TO THIS CIVIL SUBPOENA* *See Arizona Rules of Civil Procedure (A.R.C.P.), Rules 45(b), (c), and (e), and the "Your Right to Object to this Subpoena" section below. ATTENDANCE AT A TRIAL: If this subpoena commands you to appear at a trial, you must appear at the place, date and time designated in the subpoena unless you file a timely motion with the court and the court quashes or modifies the subpoena. Unless a court orders otherwise, you are required to travel to any part of the state to attend and give testimony at a trial. ATTENDANCE AT A HEARING OR DEPOSITION: If this subpoena commands you to appear at a hearing or deposition, you must appear at the place, date and time designated in this subpoena unless either: (1) you file a timely motion with the court and the court quashes or modifies the subpoena; or (2) you are not a party or a party's officer and this subpoena commands you to travel to a place other than: 10 (a) the county where you reside or you transact business in person; or 11 (b) the county in which you were served with the subpoena or within forty (40) miles from 12 the place of service; or 13 (c) such other convenient place fixed by a court order 14) PRODUCTION OF DOCUMENTARY EVIDENCE: If this subpoena commands you to produce and permit inspection, copying, testing or sampling of designated documents, 15 electronically stored information, or tangible things, you must make the items available at the place, date and time designated in this subpoena, and in the case of electronically stored 16 information, in the form or forms requested, unless you provide a good faith written objection to the party or attorney who served the subpoena. 17 You may object to the production of electronically stored information from sources that you identify as not reasonably accessible because of undue burden or expense, including sources that 18 are unduly burdensome or expensive to access because of the past good-faith operation of an electronic information system or good faith or consistent application of a document retention 19 policy. See "Your Right to Object to This Subpoena” section below. 20) If this subpoena does not specify a form for producing electronically stored information, you may produce it in native form or in another reasonably usable form that will enable the receiving party 21 to have the same ability to access, search, and display information as the responding person, but you need not produce the same electronically stored information in more than one form. 22) If the subpoena commands you to produce documents, you have the duty to produce the 23 designated documents as they are kept by you in the usual course of business, or you may organize the documents and label them to correspond with the categories set forth in the subpoena 24) INSPECTION OF PREMISES: If this subpoena commands you to make certain premises 25 available for inspection, you must make the designated premises available for inspection on the 4 116822127.1 yi date and time designated in this subpoena unless you provide a good faith written objection to the party or attorney who served the subpoena. COMBINED SUBPOENA: You should note that a command to produce certain designated materials, or to permit the inspection of premises, may be combined with a command to appear at a trial, hearing or deposition. You do not, however, need to appear in person at the place of production or inspection unless the subpoena also states that you must appear for and give testimony at a hearing, trial, or deposition. YOUR RIGHT TO OBJECT TO THIS SUBPOENA I. GENERALLY. If you have concerns or questions about this subpoena, you should first contact the party or attorney who served the subpoena. The party or attorney serving the subpoena has a duty to take reasonable steps to avoid imposing an undue burden or expense on you. The superior court enforces this duty and may impose sanctions upon the party or attorney serving the subpoena if this duty is breached. Unless otherwise ordered by the court for good cause, the party seeking discovery from you 10 must pay your reasonable expenses incurred in responding to a subpoena seeking the production of documents, electronically stored information, tangible things, or an inspection 11 of premises. 12) © If you seek payment of expenses other than routine clerical and per-page costs as allowed by A.R.S. § 12-351, you must object on the grounds of undue burden to 13 producing the materials without the subpoenaing party's payment, and send an advanced estimate of those expenses to the subpoenaing party before the time specified 14 for compliance or within 14 days after the subpoena is served, whichever is earlier. 15 You-need not comply with those parts of the subpoena that are the subject of the objection, unless the court. orders. you to-do so. The court may enter an order 16 conditioning your response to the subpoena on payment of your additional expenses, including ordering payment of those expense in advance. 17 PROCEDURE FOR OBJECTING TO A SUBPOENA FOR ATTENDANCE AT A 18 HEARING, TRIAL OR DEPOSITION: ‘th If you wish to object to a subpoena commanding your a| earance at a hearing, trial © 19 or deposition, you must file a motion to quash or modify ¢ subpoena with the court to obtain a court order excusing you from complying with this subpoena.* 20 The motion must be filed in the superior court of the county in which the case is 21 pending or in the superior court of the county from which the subpoena was issued.* 22 The motion must be filed before the time specified for compliance or within 14 days after the subpoena is served, whichever is earlier.* 23 You must send a copy of any motion to quash or modify the subpoena to the party 24 or attorney who served the subpoena. Even if you file such a motion, you must still attend and testify at the date, time and 25 place specified in the subpoena, unless excused from doing so—by the party or 5 116822127.1 attorney serving the subpoena or by a court order—before the date and time specified for your appearance. Hi. COURT MODIFIES or VOIDS (quashes) CIVIL SUBPOENA A The court must quash or modify a subpoena jf. ... ay the subpoena does not provide a reasonable time for compliance; Q) unless the subpoena commands your attendance at a trial, if you are not a party or a party's officer and if the subpoena commands you to travel to a place other than: a. the county in which you reside or transact business in person; b the county in which you were served with a subpoena, or within forty (40) miles from the place of service; or 10 C. such other convenient place fixed by a court order; or 11 G) the subpoena requires disclosure of privileged or other protected matter, if no exception or waiver applies; or 12 (4) the subpoena subjects you to undue burden, 13 The court may quash or modify a subpoena if wee 14 (1) the subpoena requires you to disclose a trade secret or other confidential 15 research, development or commercial information; 16 Q) you are an unretained expert and the subpoeia requires you to disclose your opinion or information resulting from your study that you have not been 17 requested by any party to give on matters that are specific to the dispute; 18) @) you are not a party or a party's officer and the subpoena would require you to incur substantial travel expense; or 19 (4) the court determines’ that justice requires the subpoena to be quashed or 20 modified. 21 In these last four circumstances a court may instead of quashing or modifying a subpoena, order your appearance or order the production of material under specified 22 conditions if: 23| a. the serving party or attorney shows a substantial need for the testimony or material that cannot be otherwise met without undue 24 hardship; and 25 your travel expenses or the expenses resulting from the production are at issue, the court ensures that you will be reasonably compensated. 6 146822127.1 1 IV. PROCEDURE FOR OBJECTING to subpoena for production of documentary evidence: 2 A If you wish to object to a subpoena commanding you to produce documents, electronically stored information or tangible items, or to permit the inspection of 3 premises, you may send a good faith written objection to the party or attorney serving the subpoena that objects to: . 4 (dy producing, inspecting, copying, testing or sampling any or all of the materials designated in the subpoena; (2) inspecting the premises; or @) producing electronically stored information in the form or forms requested or from sources that are not reasonably accessible because of undue burden or expense, the good faith routine operation of an electronic information system, or the good faith and consistent application of a document retention policy. 10 You may also object on the ground that the subpoena seeks the production of materials that have already been produced in the action or that are available from ll parties to the action. 12) If you seek payment of expenses other than routine clerical and per page copying costs as allowed by A.R.S. § 12-351, you must object on the grounds of undue 13 burden to producing the materials without subpoenaing party's payment, and provide an advance estimate of those additional expenses. 14 You must send your written objection to the party or. attorney who served the 15 subpoena before the time specified for compliance or within 14 days after the subpoena is served, whichever is earlier. 16 If you object because you claim the information requested is privileged, protected, 17 or subject to protection as trial preparation material, you must express the objection clearly, and identify in writing the information, document, or electronically stored 18 information withheld and describe the nature of that information, document, or electronically stored information in a matter that — without revealing information 19 that is itself privileged or protected — will enable the demanding party to access the claim. 20 You may object to providing the information required by Rule 26(b)(6)(A) if 21 providing the information would impose an undue burden or expense. 22 If you object to the subpoena in writing, you do not need to comply with the subpoena until a court orders you to do so. It will be up to the party or attomey 23 serving the subpoena to first personally consult with you and engage in good faith efforts to resolve your objection and, if the objection cannot be resolved, to seek an 24 order from the court to compel you to provide the documents or inspection requested, after providing notice to you. 25 116822127.1 If you are not a party to the litigation, or a party's officer, the court will issue an order to protect you from any significant expense resulting from the inspection and copying commanded. See Rule 45(c)(6)(B) of the Arizona Rules of Civil Procedure Instead of sending a written objection to the party or attorney who served the subpoena, you also have the option of raising your objections in a motion to quash or modify the subpoena, or through a protective order. See Rule 45(c)(6)(B) and (e)(2) of the Arizona Rules for Civil Procedure. The procedure and grounds for doing so are described in the section above entitled "Procedure for Objecting to a Subpoena for Attendance at a Hearing, Trial or Deposition. If the subpoena also commands your attendance at a hearing, trial or deposition, sending a written objection to the party or.attorney who served the subpoena does not suspend or modify your obligation to attend and give testimony at the date, time and place specified in the subpoena. See Rule 45(c)(6)(A)(iii) of the Arizona Rules of Civil Procedure. ay If you wish to object to the portion of this subpoena requiring your attendance 10) at a hearing, trial or deposition, you must file a motion to quash or modify the subpoena as ‘described in the section above entitled "Procedure for 11 Objecting to a Subpoena for Attendance at a Hearing, Trial or Deposition.” See Rule 45(b)(S) and 45(6) (AMG) of the Arizona Rules of Civil 12) Procedure. 13 2) Even if you file such a motion, you must still attend and testify at the date. time, and place specified in the subpoena, unless excused from doing so—by 14 the party or attorney serving the subpoena or by a court order—before the date and time specified for your appearance 15 ADA NOTIFICATION 16 Requests for reasonable accommodation for persons with disabilities must be made to the division 17 assigned to the case by the party needing accommodation or his/her counsel at least three (3) judicial days in advance of a scheduled proceeding, 18 INTERPRETER NOTIFICATION 19 Requests for an interpreter for persons with limited English proficiency must be made to the 20) division assigned to the case by the party needing the interpreter and/or translator or his/her counsel at Jeast ten (10) judicial days in advance of a scheduled court proceeding. SIGNED AND SEALED this date 22 i ne Jeff Fine, Clerk of Supéito Ir Counts 23 wr? en st oiie 24 BY, a aan Deputy Clerk pr Cour” 25 8 116822127.1 Exhibit A Case No, CV2023-013503 You are to produce your entire file, concerning the incident which occurred on July 9, 2022 at 2834 South Extension Road, Unit 1082, Mesa, Arizona 85210, including but not limited to reports, supplemental reports, native photos of the premises, interviews and/or reports with any witnesses, estimates for repairs from any and all vendors involved with the subject project and any communications related to your investigation of the property. 10 1] 12) 13 14 15 16) 17 18 19) 20 21 22) 23 24 25 116822127.1 1 COPY of the foregoing mailed/e-mailed this 20th day of March, 2024, to: Walter Grochowski 3} Ray Lego & Associates PO Box 64093 4] St. Paul, MN 55164-0093 Attorneys for Plaintiff 6 7 (fs Hitmen 10 11 12 13 14) 15 16 17 18 19 20 21 22 23 24 25 10 116822127. Jud ISH. CHRISTINE F. GLEITSMANN Powe: (602) 235-7117 JONES, AON. CENTRAL AVENUE Suire 2700 Fax: (602) 651-7518 CGLEITSMANN@JSHFIRM.COM SKELTON& PHOENIX, ARIZONA 85004 Puone: (602) 263-1700 HOCHUL, PL.C. Fax: (602) 651-7599 J SHFIRM.COM oe noe = > wat March 27, 2024 wo Cy> Paragon Subrogation Services 695 Boston Mills Road 2024 00 0014 2 Hudson, Ohio 44236 oft eS ra 62 aS Re: The Standard Fire Insurance Co. v. Elgey Case No, CV2023-013503 Dear Sir/Madam Enclosed is a Subpoena Duces Tecum, directing your office to produce its complete file as set forth in the Subpoena. We do not intend to take testimony at a deposition, but merely want to procure all records regarding this matter You may comply with the Subpoena Duces Tecum by e-mailing, faxing or mailing the documents to me by the date specified in the subpoena. If you wish to appear in person with the records, please contact me and we will schedule a court reporter. Please forward your statement for photocopying along with the records, and we will remit payment. Pursuant to A.R.S. § 12-351, payment will be made at the rate of $0.25 per page of photocopying and $25.00 per hour of clerical time necessary in locating and photocopying the records upon presentation of an itemized statement: Please do not include copies of our subpoena and letters in your invoice. Please be sure you sign the attached Declaration of the Custodian of Records to attest that the records you are producing pursuant to the Subpoena Duces Tecum served upon you. are your entire file(s) as requested. Please contact me if at (602) 235-7117 if you will not be able to produce the documents by the date indicated on the subpoena. We appreciate your cooperation and look forward to receiving your records. Sincerely, (i six ibaa Christine F, Gleitsmann Paralegal CFG/ 116855071 | , DECLARATION OF THE CUSTODIAN OF RECORDS 1. I, , of Paragon Subrogation Services, am the duly authorized custodian of records of the entity described in the attached Subpoena Duces Tecum and J have authority to certify the records. 2. The attached copy is a true copy of all the records described in the Subpoena and consists of pages. 3 The records were prepared in the ordinary course of business of our office at or near the time of the act, condition or event described therein or were received and maintained by our office in the ordinary course of our business. 4. I declare and verify under penalty of perjury that the contents thereof are true and correct to the best of my knowledge. DATED this day of 2024. Custodian of Records 11685$241.1