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SUBPOENA
SUMMIT COUNTY COMMON PLEAS COURT
My GALONK
RULE. @3
Michael Watt
PLAINTIFY Zi aLftib HRYIO Bio yg caseno, 202
YS 1-0C019
0
23C1054
¥S.
FOREIGN CASE NOD. ___
NE te
xeUl
Comprehensive Logistics Co, Inc. fe ¥ fMtapplieaBie]
ny if
5 SUBPOENA IN CIVIL CASE
DEFENDANT A it NTO
& Adam F. Rust
ATTORNEYIPRO SE:
P.G. Box 2425
Knoxville, TN 37901-242,
ADDRESS: ——-
565-546-4646
John vVitullo, Registered Agant
TO: Omega Laborateéries, Inc. PHONE:
{NAMIE}
400 N. Cleveland Ave,
(ADDRESS) SUPREME CT. NO.
Mogadore, OH 44260-1209
(CITY, STATE, ZIP)
YOU ARE UEZREBY COMMANDED TO
ATTEND AND GIVE TESTIMONY ATA (TRIAL) REARINGHDEPOSETION} ON THE
OaND42024 10:00 a.m. Lewis Thomason, PC
DATE, TIME: PLACE),
— — — —
x PRODUCE DOCUMENTS, ELECTRONICALLY’ ‘STORED INFORMATION, OR TANGIBL
E THINGS AT .
TRIALHEARING OR DESPOSITEGN.
x PRODUCE AND PERSAT INSPECTION AND COPYING OF ANY DESICNATED
DOCUMENTS O
ELECTRONICALLY STORED INFORMATION THAT ARE IN YOUR POSSESSION, CUSTODY, MR CONTROL,
> PRODUCE
AND PERMAT INSPECTION AND COPYING, TESTING, OR SAMPLING OF ANY TANCIDLE THING
THAT ARE IN YOUR FOSSESSION, CUSTON' MY, OR CONTRO
PERMIT ENTRY DPON DESIGNATED LAND OR OTHER PROPERTY THAT IS IN
CONTROL OF YOU FOR THE PURBOSES DESCRIBED IN CIM, Be. atta. THE ROSSESSION OF
See Altached
DESCRIPTION OF ITEMS TO BE PRODUCED:
HEREOF FAIL NOT UNDER PENALTY OF THE LAW WITNESS MY SICNATURE AND SEAL OF SAID COURT, THIS
(Dosver Mig
TAVIA GALONSKI mu Zy
CLERK OF COURTS Chek, Notary
RETURNOF SERVICE
DepChak
Rocrived this Subpoena athe aya, 2b__at__ Mand onthe daa’ + a0__at
—™,, Leenved the same upon: by dellvnetng sa
Prssenally cr Restdential acre copy of vhts subpoena,
‘Sherif Mtcenay-Procees Server-Netary
Mileage: mates TOTAL §,
PROTECTION OF PERSONS SUBJECT TO
SUBPOENAS:
1 A partoryan attomey responsible for the
imposing undue burden or expense on a peissuanc e avd service of a sub posna shall take reasonable steps to aveid
2. (a) A persoa commanded to produce under di ions n subject to that subpoena.
b)(i), (il), (iv) oF (¥) of this rule need not appear
at the place of production or inspection unless com: mende(A(1 d {0 attend and give testimon: y at a deposition, hearing orin trial. person
{b) Subject to division (D)(2) ofthis mule, a person commanded
to produc e under
of this rule may, wi in fou teen days afier service ofthe subpoena or before the time ions (A)(1 )(0}Cii) div iv), or (Vv)
is less than fourteen days after service, se T¥e upon the party or attome 'Y design speciiied for compliance } ifsuch time
production. If objection is made, the pa ’ ated in the subpoena written objections to
order ofthe court by which the subpoenairtywasServing the subpoena shall not be entitled to production
ied. If objection has been made, the pary serving ‘except
notice to the person commanded to produce mayissumove
pursuant to an
at any time the s subpoena, upon
compel production shall protect any person who is not a pany or an officer for an order to compel the production, . An order to
from the production commanded, of a party from significant e pense resulting
3.On timely motion, the court from which the subpoe
appearance or production only under specified conditinaons,ws if35 issued shall quash or modify the subpoena, or order
reasonable time to comply; requires disclosure of priviles: ed ortheotherwi subpoena does any of the followin ~ Fails
se protected raatter and no exception or allow
g to
opp! requires disclosure of a fact known or opinion hel ld by an exp retained or 5; pecially employed by any partyin
waiv
znticipation oflitiga or tio
preparatnion for trial as descr ibs ed by CIV R. 26(B)(4 notert
specific events or occurrences in dispute and results ), if the fa ict or opinion does not describe
from study by the expert that was not made at request
subjects a person to undue burden, of any panty:
4.Before filing a motion pursuant to division {C) (3) (4) of this rule, a person
resisting discove under this rule shall
attempt to resolve any yy claim of undue burden
division (C) (3)(d) of this nule shall be supportedthrough discussions with the issuing attomey, Arymotion
attomey of the efforts made to resolve any claim ofby undue an affidavit ofthe subpoenaed person or a certificatefiledof pursuan t to
that person's
burden,
5, fa motion is made under division(CX(3)(c) or.
the party in whose behalf the subpoena is issued (CX3)(d) of this rule, thé court shall quash or modify the subpoena unless
otherwise met without undue hardship and assuresshows a substantial ne ed for the testimony or material
that the person to wi ‘hom the subpoena is addressed will
that cannot be
compensated, be reasonably
DUTIES IN RESPONDING TO SUBPOENAS:
1. A person responding to a subpoens to produce decuments shall, at the person’s
in the usual course of business or orgat option, produce them as they are kept
producing documents or electronical] ly nized and labeled to comespond with the categor
stored information Pursuent to a subpoena for them ies in the subpoena, A person
inspection and copying by all parties present shall permit their
Ifa request does not specify the form or formsat forthe produci
time and, place set in the subpoena for inspec tion and copyin
stored information, a person respondg,ing to
a subpoena may produce the information in a form or formsn inslectronically the infc formation responding is ordinari
maintained if that form is reasonable useable, in any form thatwhich
or agreed to by the person subpoen aed, a personof respondin: is reasonably useable. Unless ordered by lythe court
stored information in more than ons ¢ form. tG a subpoena need not produce the same electronically
3. A person need not provide discovery ofelectronically stored information when
the
or expense. On motion to compel
information is sought must show |thatdiscovery or fora Protective order, the person fiomproduct whom
ion imposes undue burden
expense, If a showing of undue burdentheorinformati jon is not reasonably accessible because of electro nically stored
undue burden or
expens
electronically stored information if the requesting
e is made, the court may nonetheless order production of
‘Party shows good cav: se, The court shall consider the factors
Civ, R. 26(B)(4) when determinin; g if good cause exists. In ordering Product in.
the court may specify the forma , eXtent, timing, allocation of expenst es and othe: ion of electronically stored information,
electronically stored informatioy conditions for discovery of the
‘When information subject to a subpoena is withheld on a Claim that it is privile
reparation materials, the claim be made expressly and shall be supported ged or subject to Protection as trial
documents, communications, or shall by
things not produced th at is sufficient to enable the. demand a description of the nature of the
claim. ing partyto contest the
Tf information is producedin response to a subpoena that
eparation material, the person making the claim may is sul Ibject to a claim of privilege or of protection as trial-
otify any party that received the information of the
the basis for it, After being notified rece claim and
information and any copies withia ,thea party's ing party must promptly retum, sequester, or destroy the
possession, custody or control. A. party may not use
specified
information until the claim is resolved. A rec elving party may or disclose the
promptly present the information to the court under
seal for determination of the claim of privileg ¢ or of protec
disclosed the information before being notifi
tion as trial-preparation mat: torial. If the receiving party
it must take reasonable steps to rewieve eit. The
the information must preserve the informati ionied,until the claim is resolved,
person who produced
SANCTIONS:
1. Failure by any perion without adequate excuse to obey a subpoena served
upon that person
from which the subpoens issued. A subpoe person or that person ‘Sattomey who frivolouslymay resists
be required by the court to ay the reasonablenaedexpens
be deemed contempt of the court
discovery und: ler this rule may
from which a subpoena was issued may impose upon esa party including reasonable attomey’ 's fees of the party
seeking
y int breach of the duty imposed by divisiondiscove ry. The court
an appropriate sanction, which may inch lude, but is not limited orto,attome
lost eam ings and reasonable attomey’s fees.
(C)(1) of this rule
SUBPOENA DUCES TECUM CASE FILE NUMBER
STATE OF TENNESSEE
(ORDER TO PRODUCE) 2301093
HAMILTON COUNTY
CIRCUIT COURT MS 2024-26 -C0!9
PLAINTIFF: DEFENDANTS:
Michael Watt Comprehensive Logistics Co., Inc.
pr BS
CTI =
a En —
TO: ATTN: John Vitullo, Registered Agent
Omega Laboratories, Inc.
400 N. Cleveland Ave. De
te
eS
Mogadore, OH 44260-1209 =o
oe=>
5. 2 —
Civil procedure=youae col i andéctto
In accordance with the requirements of Rule 45. 02 of the Tennessee Rules of
in the above-entitled
produce the items, records, and/or documents listed below for revi jew by Defendant's counsel
a motion to quash or modify within 14 days of
case at the place, date, and time specified below. The failure to file le cost for
right to seek the reasonab
service of the subpoena waives all objections to the subpoena, except the
producing books, papers, documents, electronically stored information or tangible things.
DATE/TIME OF PRODUCTION: ITEMS TO BRING: Any documentation or materials related to the
June 4, 2024 at 10:00 a.m. drug testing for lab account number 26652 and specimen id/CCF
No. 5776630 collected on April 27, 2023; Any documentation or
PLACE: l
materials related to the drug screen for Michael Watt alk/a Michae
Waly in Chattanooga, TN on April 27, 2023. This request includes ,
Lewis Thomason, P.C. +Ext Opi
900 S. Gay St., Ste. 300 but is not limited to, the results of testing related to panel-4
P.O, Box 2425 Panel H4PEO; Any documentation listed in ExhibitA related to
Knoxville, TN 37901 Michael Watt.
THESE RECORDS MAY BE MAILED IN LIEU OF APPEARANCE
You may comply with this subpoena by providing legible copies of the items to be
produced to Adam F. Rust; Lewis Thomason, P.C., 900 S. Gay St., Ste. 300, P.O.
Box 2425, Knoxville, Tennessee 37901 (Phone: 865-546-4646)
on or before the
scheduled date of production. You may condition the preparation of the copies
upon the payment in advai nce of the reasonable cost of preparation. You may mail
or deliver the copies to attorney Adam F. Rust and thereby eliminate your
ight to object to
appearance at the time and place specified above. You have the ri
at any time before the production by
the production pursuant to this subpoena
name appears on this subpoen a.
giving written notice to the attorney whose
This subpoena is being issued on DATE ISSUED: Yjowlau
ENRYGLERK
behalf of Pltf F Di ef
LH
CIRCUIT COURT CLERK:
a
We
LA RR Y
x —
Attorney: Adam F, Rust BY: ee
900 S. Gay St., Ste. 300
P.O, Box 2425
Knoxville, TN 37901
{05558442.DOC}
RETURN ON SERVICE
y; an attorney's return must be sworn to; 3.
Check one: (1. or 2. are for the return of ai n authorized officer or attome
ess's signature.)
witness who will acknowledge service and requires the witn
4 | certify that on the date indicat ed below | served a copy of this subpoen a on the witness stated above by:
2. !falled to serve a copy of this subpoena on the witness because
date indicated below.
3. L acknowledge being served with this subpoena on the
(Oath, if served by Attorney) DATE OF SERVICE:
Sworn to and described before me on this
, 20 :
day of SIGNATURE OF WITNESS, OFFICER OR
ATTORNEY.
Signature of Notary Public or Deputy Clerk
My Commission Expire s:
If you fail to (1) appear as specifie d, or (2) furnish the records
instead of appearing as provided above, or (3) objectto
s on this
, may be in con tempt of Court.
this subpoenayou You are subpoenaed by the attorney whose name appear
d.
subpoena and unless excuse: d from this subpoena
by the attorney or t! ‘he Court, you shall respond as directe
{05558442,.DO0C}
Exhibit A
Synopsis of procedures and results
Copies of the federal CCF and associated paperwork;
Initial drug and SVT procedures and descriptions thereof;
Initial test data {including specimen chain of custody, screening aliquot chain of
custody, screening batch chain of custody, QC summary report for the applicable
batch, calibration report, and screening data);
Confirmation data and/or SVT procedures and descriptions thereof;
Confirmation data (including GCIMS data package summary, confirmation aliquot
chain of custody, prep batch worksheet(s), and sequence table);
Any other data or procedural description associated with the above-referenced
result
Preview
SUBPOENA SUMMIT COUNTY COMMON PLEAS COURT My GALONK RULE. @3 Michael Watt PLAINTIFY Zi aLftib HRYIO Bio yg caseno, 202 YS 1-0C019 0 23C1054 ¥S. FOREIGN CASE NOD. ___ NE te xeUl Comprehensive Logistics Co, Inc. fe ¥ fMtapplieaBie] ny if 5 SUBPOENA IN CIVIL CASE DEFENDANT A it NTO & Adam F. Rust ATTORNEYIPRO SE: P.G. Box 2425 Knoxville, TN 37901-242, ADDRESS: ——- 565-546-4646 John vVitullo, Registered Agant TO: Omega Laborateéries, Inc. PHONE: {NAMIE} 400 N. Cleveland Ave, (ADDRESS) SUPREME CT. NO. Mogadore, OH 44260-1209 (CITY, STATE, ZIP) YOU ARE UEZREBY COMMANDED TO ATTEND AND GIVE TESTIMONY ATA (TRIAL) REARINGHDEPOSETION} ON THE OaND42024 10:00 a.m. Lewis Thomason, PC DATE, TIME: PLACE), — — — — x PRODUCE DOCUMENTS, ELECTRONICALLY’ ‘STORED INFORMATION, OR TANGIBL E THINGS AT . TRIALHEARING OR DESPOSITEGN. x PRODUCE AND PERSAT INSPECTION AND COPYING OF ANY DESICNATED DOCUMENTS O ELECTRONICALLY STORED INFORMATION THAT ARE IN YOUR POSSESSION, CUSTODY, MR CONTROL, > PRODUCE AND PERMAT INSPECTION AND COPYING, TESTING, OR SAMPLING OF ANY TANCIDLE THING THAT ARE IN YOUR FOSSESSION, CUSTON' MY, OR CONTRO PERMIT ENTRY DPON DESIGNATED LAND OR OTHER PROPERTY THAT IS IN CONTROL OF YOU FOR THE PURBOSES DESCRIBED IN CIM, Be. atta. THE ROSSESSION OF See Altached DESCRIPTION OF ITEMS TO BE PRODUCED: HEREOF FAIL NOT UNDER PENALTY OF THE LAW WITNESS MY SICNATURE AND SEAL OF SAID COURT, THIS (Dosver Mig TAVIA GALONSKI mu Zy CLERK OF COURTS Chek, Notary RETURNOF SERVICE DepChak Rocrived this Subpoena athe aya, 2b__at__ Mand onthe daa’ + a0__at —™,, Leenved the same upon: by dellvnetng sa Prssenally cr Restdential acre copy of vhts subpoena, ‘Sherif Mtcenay-Procees Server-Netary Mileage: mates TOTAL §, PROTECTION OF PERSONS SUBJECT TO SUBPOENAS: 1 A partoryan attomey responsible for the imposing undue burden or expense on a peissuanc e avd service of a sub posna shall take reasonable steps to aveid 2. (a) A persoa commanded to produce under di ions n subject to that subpoena. b)(i), (il), (iv) oF (¥) of this rule need not appear at the place of production or inspection unless com: mende(A(1 d {0 attend and give testimon: y at a deposition, hearing orin trial. person {b) Subject to division (D)(2) ofthis mule, a person commanded to produc e under of this rule may, wi in fou teen days afier service ofthe subpoena or before the time ions (A)(1 )(0}Cii) div iv), or (Vv) is less than fourteen days after service, se T¥e upon the party or attome 'Y design speciiied for compliance } ifsuch time production. If objection is made, the pa ’ ated in the subpoena written objections to order ofthe court by which the subpoenairtywasServing the subpoena shall not be entitled to production ied. If objection has been made, the pary serving ‘except notice to the person commanded to produce mayissumove pursuant to an at any time the s subpoena, upon compel production shall protect any person who is not a pany or an officer for an order to compel the production, . An order to from the production commanded, of a party from significant e pense resulting 3.On timely motion, the court from which the subpoe appearance or production only under specified conditinaons,ws if35 issued shall quash or modify the subpoena, or order reasonable time to comply; requires disclosure of priviles: ed ortheotherwi subpoena does any of the followin ~ Fails se protected raatter and no exception or allow g to opp! requires disclosure of a fact known or opinion hel ld by an exp retained or 5; pecially employed by any partyin waiv znticipation oflitiga or tio preparatnion for trial as descr ibs ed by CIV R. 26(B)(4 notert specific events or occurrences in dispute and results ), if the fa ict or opinion does not describe from study by the expert that was not made at request subjects a person to undue burden, of any panty: 4.Before filing a motion pursuant to division {C) (3) (4) of this rule, a person resisting discove under this rule shall attempt to resolve any yy claim of undue burden division (C) (3)(d) of this nule shall be supportedthrough discussions with the issuing attomey, Arymotion attomey of the efforts made to resolve any claim ofby undue an affidavit ofthe subpoenaed person or a certificatefiledof pursuan t to that person's burden, 5, fa motion is made under division(CX(3)(c) or. the party in whose behalf the subpoena is issued (CX3)(d) of this rule, thé court shall quash or modify the subpoena unless otherwise met without undue hardship and assuresshows a substantial ne ed for the testimony or material that the person to wi ‘hom the subpoena is addressed will that cannot be compensated, be reasonably DUTIES IN RESPONDING TO SUBPOENAS: 1. A person responding to a subpoens to produce decuments shall, at the person’s in the usual course of business or orgat option, produce them as they are kept producing documents or electronical] ly nized and labeled to comespond with the categor stored information Pursuent to a subpoena for them ies in the subpoena, A person inspection and copying by all parties present shall permit their Ifa request does not specify the form or formsat forthe produci time and, place set in the subpoena for inspec tion and copyin stored information, a person respondg,ing to a subpoena may produce the information in a form or formsn inslectronically the infc formation responding is ordinari maintained if that form is reasonable useable, in any form thatwhich or agreed to by the person subpoen aed, a personof respondin: is reasonably useable. Unless ordered by lythe court stored information in more than ons ¢ form. tG a subpoena need not produce the same electronically 3. A person need not provide discovery ofelectronically stored information when the or expense. On motion to compel information is sought must show |thatdiscovery or fora Protective order, the person fiomproduct whom ion imposes undue burden expense, If a showing of undue burdentheorinformati jon is not reasonably accessible because of electro nically stored undue burden or expens electronically stored information if the requesting e is made, the court may nonetheless order production of ‘Party shows good cav: se, The court shall consider the factors Civ, R. 26(B)(4) when determinin; g if good cause exists. In ordering Product in. the court may specify the forma , eXtent, timing, allocation of expenst es and othe: ion of electronically stored information, electronically stored informatioy conditions for discovery of the ‘When information subject to a subpoena is withheld on a Claim that it is privile reparation materials, the claim be made expressly and shall be supported ged or subject to Protection as trial documents, communications, or shall by things not produced th at is sufficient to enable the. demand a description of the nature of the claim. ing partyto contest the Tf information is producedin response to a subpoena that eparation material, the person making the claim may is sul Ibject to a claim of privilege or of protection as trial- otify any party that received the information of the the basis for it, After being notified rece claim and information and any copies withia ,thea party's ing party must promptly retum, sequester, or destroy the possession, custody or control. A. party may not use specified information until the claim is resolved. A rec elving party may or disclose the promptly present the information to the court under seal for determination of the claim of privileg ¢ or of protec disclosed the information before being notifi tion as trial-preparation mat: torial. If the receiving party it must take reasonable steps to rewieve eit. The the information must preserve the informati ionied,until the claim is resolved, person who produced SANCTIONS: 1. Failure by any perion without adequate excuse to obey a subpoena served upon that person from which the subpoens issued. A subpoe person or that person ‘Sattomey who frivolouslymay resists be required by the court to ay the reasonablenaedexpens be deemed contempt of the court discovery und: ler this rule may from which a subpoena was issued may impose upon esa party including reasonable attomey’ 's fees of the party seeking y int breach of the duty imposed by divisiondiscove ry. The court an appropriate sanction, which may inch lude, but is not limited orto,attome lost eam ings and reasonable attomey’s fees. (C)(1) of this rule SUBPOENA DUCES TECUM CASE FILE NUMBER STATE OF TENNESSEE (ORDER TO PRODUCE) 2301093 HAMILTON COUNTY CIRCUIT COURT MS 2024-26 -C0!9 PLAINTIFF: DEFENDANTS: Michael Watt Comprehensive Logistics Co., Inc. pr BS CTI = a En — TO: ATTN: John Vitullo, Registered Agent Omega Laboratories, Inc. 400 N. Cleveland Ave. De te eS Mogadore, OH 44260-1209 =o oe=> 5. 2 — Civil procedure=youae col i andéctto In accordance with the requirements of Rule 45. 02 of the Tennessee Rules of in the above-entitled produce the items, records, and/or documents listed below for revi jew by Defendant's counsel a motion to quash or modify within 14 days of case at the place, date, and time specified below. The failure to file le cost for right to seek the reasonab service of the subpoena waives all objections to the subpoena, except the producing books, papers, documents, electronically stored information or tangible things. DATE/TIME OF PRODUCTION: ITEMS TO BRING: Any documentation or materials related to the June 4, 2024 at 10:00 a.m. drug testing for lab account number 26652 and specimen id/CCF No. 5776630 collected on April 27, 2023; Any documentation or PLACE: l materials related to the drug screen for Michael Watt alk/a Michae Waly in Chattanooga, TN on April 27, 2023. This request includes , Lewis Thomason, P.C. +Ext Opi 900 S. Gay St., Ste. 300 but is not limited to, the results of testing related to panel-4 P.O, Box 2425 Panel H4PEO; Any documentation listed in ExhibitA related to Knoxville, TN 37901 Michael Watt. THESE RECORDS MAY BE MAILED IN LIEU OF APPEARANCE You may comply with this subpoena by providing legible copies of the items to be produced to Adam F. Rust; Lewis Thomason, P.C., 900 S. Gay St., Ste. 300, P.O. Box 2425, Knoxville, Tennessee 37901 (Phone: 865-546-4646) on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advai nce of the reasonable cost of preparation. You may mail or deliver the copies to attorney Adam F. Rust and thereby eliminate your ight to object to appearance at the time and place specified above. You have the ri at any time before the production by the production pursuant to this subpoena name appears on this subpoen a. giving written notice to the attorney whose This subpoena is being issued on DATE ISSUED: Yjowlau ENRYGLERK behalf of Pltf F Di ef LH CIRCUIT COURT CLERK: a We LA RR Y x — Attorney: Adam F, Rust BY: ee 900 S. Gay St., Ste. 300 P.O, Box 2425 Knoxville, TN 37901 {05558442.DOC} RETURN ON SERVICE y; an attorney's return must be sworn to; 3. Check one: (1. or 2. are for the return of ai n authorized officer or attome ess's signature.) witness who will acknowledge service and requires the witn 4 | certify that on the date indicat ed below | served a copy of this subpoen a on the witness stated above by: 2. !falled to serve a copy of this subpoena on the witness because date indicated below. 3. L acknowledge being served with this subpoena on the (Oath, if served by Attorney) DATE OF SERVICE: Sworn to and described before me on this , 20 : day of SIGNATURE OF WITNESS, OFFICER OR ATTORNEY. Signature of Notary Public or Deputy Clerk My Commission Expire s: If you fail to (1) appear as specifie d, or (2) furnish the records instead of appearing as provided above, or (3) objectto s on this , may be in con tempt of Court. this subpoenayou You are subpoenaed by the attorney whose name appear d. subpoena and unless excuse: d from this subpoena by the attorney or t! ‘he Court, you shall respond as directe {05558442,.DO0C} Exhibit A Synopsis of procedures and results Copies of the federal CCF and associated paperwork; Initial drug and SVT procedures and descriptions thereof; Initial test data {including specimen chain of custody, screening aliquot chain of custody, screening batch chain of custody, QC summary report for the applicable batch, calibration report, and screening data); Confirmation data and/or SVT procedures and descriptions thereof; Confirmation data (including GCIMS data package summary, confirmation aliquot chain of custody, prep batch worksheet(s), and sequence table); Any other data or procedural description associated with the above-referenced result