Welded - Notice of Subpoena TransCanada

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:

WELDED CONSTRUCTION, L.P., et al.,

Debtors.1

Chapter 11

Case No. 18-12378 (KG)

(Jointly Administered)

NOTICE OF SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A BANKRUPTCY CASE

TO: TransCanada/Columbia Pipeline Group 700 Louisiana Street Houston, Texas 77002

PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil Procedure,

Gopher Mats, LLC, by and through its undersigned counsel, caused to be served on

TransCanada/Columbia Pipeline Group (“TransCanada”) the attached Subpoena requesting

TransCanada produce and permit for inspection and copying the documents listed on Schedule A

annexed to the Subpoena (collectively, the “Document Requests”) on or before the 3rd day of

April 2019 at 9:00 a.m. (CDT) at the offices of Veritext Legal Solutions, 4295 San Felipe Street,

#125, Houston, Texas 77027, or at such other agreed time and place. A true and correct copy of

the Subpoena is attached hereto and incorporated herein by reference.

[SIGNATURE TO FOLLOW]

1 The debtors in these chapter 11 cases (the “Debtors”), along with the last four digits of each Debtor’s federal tax

identification number, are: Welded Construction, L.P. (5008) and Welded Construction Michigan, LLC (9830). The mailing address for each of the Debtors is 26933 Eckel Road, Perrysburg, OH 43551.

Case 18-12378-KG Doc 574 Filed 03/20/19 of 13

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1812378190320000000000001

Docket #0574 Date Filed: 03/20/2019

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Dated: March 20, 2019 Wilmington, Delaware CHIPMAN BROWN CICERO & COLE, LLP

/s/ William E. Chipman, Jr. William E. Chipman, Jr. (No. 3818) Mark D. Olivere (No. 4291) Hercules Plaza 1313 North Market Street, Suite 5400 Wilmington, Delaware 19801 Telephone: (302) 295-0191 Facsimile: (302) 295-0199 Email: [email protected] [email protected]

—and—

STOEL RIVES LLP Gabrielle Glemann 600 University Street, Suite 3600 Seattle, Washington 98101 Telephone: (206) 386-7530 Facsimile: (206) 386-7500 Email: [email protected]

Attorneys for Gopher Mats, LLC d/b/a Viking Mat Company


B2570 (Form 2570 – Subpoena to Produce Documents, Information, or Objects or To Permit Inspection in a Bankruptcy Case or Adversary Proceeding) (12/15)

UNITED STATES BANKRUPTCY COURT_________________________________________ District of _________________________________________

In re __________________________________________Debtor

(Complete if issued in an adversary proceeding)

_________________________________________Plaintiff

v.__________________________________________

Defendant

Case No. _____________________

Chapter ___________

Adv. Proc. No. ________________

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A BANKRUPTCY CASE (OR ADVERSARY PROCEEDING)

To: ________________________________________________________________________________________(Name of person to whom the subpoena is directed)

Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the followingdocuments, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of thematerial:

PLACE DATE AND TIME

Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, orother property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. PLACE DATE AND TIME

The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 9016, are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date: _____________CLERK OF COURT

________________________Signature of Clerk or Deputy Clerk

OR

________________________Attorney’s signature

The name, address, email address, and telephone number of the attorney representing (name of party)____________________________ , who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things, or the inspection of premises before trial, a notice and a copy of this subpoena must be served on each party before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

_____________________________________ __________Attorney’s siggggnature

Delaware

Welded Construction, L.P., et al.

18-12378 (KG)

11

TransCanada/Columbia Pipeline Group, 700 Louisiana Street, Houston, Texas 77002

William E. Chipman, Jr., Esquire c/o Veritext Legal Solutions4295 San Felipe Street, #125, Houston, Texas 77027 (T: 713-481-2180) April 3, 2019 at 9:00 a.m.

March 19, 2019

Gopher Mats, LLC

William E. Chipman, Jr., Esquire, Chipman Brown Cicero & Cole, LLP, 1313 North Market Street, Suite 5400, Wilmington, Delaware 19801(T: 302-295-0193)


B2570 (Form 2570 – Subpoena to Produce Documents, Information, or Objects or To Permit Inspection in a Bankruptcy Case or Adversary Proceeding) (Page 2)

( p , , j p p y y g) ( g )

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any): ______________________________________________ on (date) __________ .

I served the subpoena by delivering a copy to the named person as follows: ____________________________________ ___________________________________________________________________________________________________ __________________________________ on (date) ___________________ ; or

I returned the subpoena unexecuted because: ____________________________________________________________ ___________________________________________________________________________________________________ Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $ _______________________ .

My fees are $ _________ for travel and $_________ for services, for a total of $_________ .

I declare under penalty of perjury that this information is true and correct.

Date: _______________

________________________________________________

Server’s signature

________________________________________________ Printed name and title

________________________________________________

Server’s address Additional information concerning attempted service, etc.:


B2570 (Form 2570 – Subpoena to Produce Documents, Information, or Objects or To Permit Inspection in a Bankruptcy Case or Adversary Proceeding) (Page 3)

( p , , j p p y y g) ( g )

Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13) (made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)

(c) Place of compliance. (1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state where the person resides, is employed, or regularly transacts business in person, if the person (i) is a party or a party’s officer; or (ii) is commanded to attend a trial and would not incur substantial expense.

(2) For Other Discovery. A subpoena may command: (A) production of documents, or electronically stored information, or things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and (B) inspection of premises, at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction — which may include lost earnings and reasonable attorney's fees — on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises — or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limits specified in Rule 45(c); (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; or

(ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party. (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated. (e) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to a subpoena 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 party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. … (g) Contempt. The court for the district where compliance is required – and also, after a motion is transferred, the issuing court – may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013)


EXHIBIT A

DOCUMENT REQUESTS

1. All Documents concerning Equipment Leases for Mats between Gopher and the

Debtors.

2. All Documents concerning Equipment Leases for Mats between the Debtors and

You.

3. All Documents concerning Mats that were damaged, destroyed, rendered non-

usable, or lost.

4. All Documents concerning requests by Gopher to You to return or retrieve Mats.

5. All Documents concerning requests by the Debtors to You to return or retrieve

Mats.

6. All Documents concerning Mats You received from the Debtors in connection

with the Mountaineer Xpress Pipeline project.

7. All Documents concerning Mats deployed by You in connection with the

Mountaineer Xpress Pipeline project.

8. All Documents concerning Mats You received from the Debtors in connection

with the Leach Xpress Pipeline project.

9. All Documents concerning Mats deployed by You in connection with the Leach

Xpress Pipeline project.

10. All Documents concerning which Mats are currently in Your possession, custody

or control.

11. All Documents concerning the location of each Mat currently in Your possession,

custody or control.


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12. All Documents concerning which Mats were returned to Gopher.

13. All Documents concerning all communications between You and Gopher

regarding the Mats.

14. All Documents concerning all communications between You and the Debtors

regarding the Mats.

15. All Documents concerning all communications between You and any third party

regarding the Mats.


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DEFINITIONS

As used herein, unless specifically indicated otherwise, the following terms shall have the

indicated meanings:

1. As used herein, “you” or “your” shall mean TransCanada, as successor to

NiSource Corporate Services Company/Columbia Pipeline Group, and all persons acting on its

behalf, including without limitation, all of its officers, directors, employees, agents, consultants,

accountants, attorneys and anyone else acting on their behalf or otherwise subject to their

control.

2. As used herein, “Debtors” shall mean, collectively or individually, as context

requires and to encompass responsive documents, Welded Construction, L.P. and Welded

Construction Michigan, LLC, and all persons acting on their behalf, including without limitation,

all of its officers, directors, employees, agents, consultants, accountants, attorneys and anyone

else acting on their behalf or otherwise subject to their control.

3. As used herein, “person” shall mean any natural person or any corporation,

limited liability company, partnership, association, joint venture, firm or other business

enterprise or legal entity and means both the singular and plural.

4. As used herein, “Equipment Leases” shall mean lease or rental agreements in

connection with the use of Mats.

5. As used herein, “Mats” shall mean timber mats provided to the Debtors by

Gopher pursuant to Equipment Leases.

6. As used herein, “Document” and “Documents” mean and include all written,

recorded, transcribed or graphic matter of every nature, type and kind, however and by whoever

produced, reproduced, disseminated, and maintained including, but not limited to, the items


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described in Federal Rule of Civil Procedure 34(a) and Bankruptcy Rule 7034. Without limiting

its scope, the terms, Document and Documents include each and every writing, of whatever

nature, whether an original, a draft, or a copy, however produced, reproduced or stored, whether

manually, mechanically, electronically, electromagnetically, or otherwise, and each and every

tangible thing from which information can be processed or transcribed. Non-identical copies are

deemed to be separate Documents. Document and Documents include, but are not limited to,

letters, e-mails, text messages, instant messaging records or logs, telegrams, telexes, mailgrams,

facsimiles, contracts, agreements, memoranda, receipts, calendars, diaries, appointment books,

personal files, telephone messages, telephone message logs, notes or notations, schedules, work

sheets, minutes, booklets, books, pamphlets, summaries, proposals, photographs, ledgers,

statements, files, invoices, billing information, notebooks, verifications of assets, adding machine

tapes, financial statements, studies, analysis, other compilations of financial data, work papers,

bank statements and associated bank records, checks, records of wire transfers or cash payments,

charts, drawings, graphs, research materials, prospectuses, registration statements, attachments,

exhibits, schedules, Documents incorporated by reference, electronic tapes, microfilms, discs or

other recordings, computer programs, computer printouts and other computer-generated writings,

and any similar items. Document and Documents also include all information stored in a

computer system although not printed out, all information stored in computer hard drives, all

information stored on computer tape backups, all information stored on floppy diskettes, all

information stored on CD-ROM, all information stored in electronic mail, all information stored

on zip drives, usb drives and any other form of electronic storage. The term also includes all

information stored in or originating from personal computers or laptops, Bloomberg Terminals,

Palm Pilots, Blackberrys, iPhones, iPads, or other personal digital assistants (PDAs), telephones


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or tablets used by Your officers, employees or representatives, whether or not such Documents

were sent or received through any of Your computer networks. The term also refers to and

includes all metadata associated with the subject document.

7. As used herein, the term “communication” refers to every manner or means of

disclosure, transfer or exchange of information, of any kind in the form of facts, ideas, inquiries,

or otherwise, whether orally or by Document, whether face-to-face, by telephone, telecopier, any

form of video transmission, mail, e-mail, facsimile, personal delivery, overnight delivery,

computer transmission or otherwise.

8. As used herein, the terms “Person” or “Persons” mean natural persons, firms,

partnerships, associations, joint ventures, corporations, and all other types of business, social, or

fraternal groups or entities.

9. As used herein, the term “including” means including, without limitation.

10. As used herein, the words “and” and “or” shall be construed both conjunctively

and disjunctively as required by the context to elicit all information requested and discoverable

within the scope of this Request.

11. The use of a verb in any tense shall be construed as the use of the verb in all other

tenses and the singular form shall be deemed to include the plural, and vice-versa.

12. As used herein, the term “concerning” includes regarding, referring to, relating to,

reflecting or reflecting upon, mirroring, addressing, discussing, forming the basis of, discussing,

analyzing, supporting, constituting, comprising, containing, evidencing, setting forth, showing,

disclosing, embodying in, forming the basis of, in connection with, commenting on, responding

to, demonstrating, declaring, describing, analyzing, explaining, summarizing, mentioning,

evidencing, or reflecting any event, act, or occurrence.


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INSTRUCTIONS

A. All instructions set forth in the Federal Rules of Civil Procedure are incorporated

herein by reference.

B. You are requested to produce all Documents that are in the possession, custody or

control of You or any of Your employees, agents, representatives, attorneys, investigators, or any

other person acting or purporting to act on Your behalf.

C. Each request herein for a Document or Documents to be produced, whether

memoranda (including interoffice memoranda, intraoffice memoranda, memoranda for files, and

memoranda of telephone, meeting, or other conversations), reports, letters, financial statements,

or other Documents of any description, requires the production of the Document or Documents

in their entirety without redaction, abbreviation, or expurgation and including all attachments

affixed to the Document. If a Document cannot be produced in its entirety, You shall produce

the Document to the extent possible and indicate in Your written response what portion of the

Document is not produced and why it could not be produced. If any portion of any Document is

redacted, please state with specificity the basis or ground for the redaction.

D. If You contend that no Documents exist concerning to all or part of a request,

please state this contention and respond as fully as possible to all parts of the request for which

Documents do exist.

E. Documents are to be produced in a way that identifies the request or requests to

which each Document applies, or as they are maintained in the usual course of business.

Documents to be produced shall be the original of all Documents in the regular files as

maintained, together with any Documents that were stapled, clipped, or attached to them and any


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originals or copies containing handwriting. A complete and legible copy may be produced in

lieu of producing the Document itself.

F. With respect to any Documents called for by these Document requests but that are

no longer in Your possession, custody or control because of destruction, loss or cannot be

produced for any other reason, list for each such Document: (a) the type of Document (e.g.,

letter, memorandum); (b) the contents of the Document; (c) the date of the Document; (d) the

author of the Document; (e) the addressee and any other recipients of the Document; (f) the

relationship of the author, addressees, and recipients to each other; and (g) the manner and date

of disposition of the Document.

G. If you object to a portion or an aspect of any Request, state the grounds of your

objection with specificity and respond to the remainder of the Request.

H. Where a claim of privilege is asserted in objecting to producing any Document, or

any portion thereof, or to disclosing any information contained therein, then with respect to each

such Document, provide separately, in writing, at the time of the response, the following

information: (i) the nature of the privilege (including work product) which is being claimed and

if the privilege is being asserted in connection with a claim or defense governed by state law,

indicate the state's privilege rule being invoked; and (ii) unless divulgence of such information

would cause disclosure of the allegedly privileged information, (1) the title of the Document; (2)

the type of Document (e.g., letter, note, memorandum, etc.); (3) the date of the Document; (4)

the subject matter of the document; (5) the identities of all persons who authored the Document,

or assisted in its preparation, or in whose name the Document was prepared; (6) the identities of

all persons to whom the Document was addressed; and (7) the identities of all other persons to


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whom the Document was sent, or who received, have seen, have had possession or custody of, or

have had disclosed to them the contents of, the Document or any copies thereof.

I. If the requested Documents are maintained in a file, the file folder is included in

the request for production of those Documents.

J. These requests are continuing in nature and require You to supplement Your

production if You come into possession, custody, or control of responsive Documents or things

between the time of initial production and the time of trial herein.

K. The Documents to be produced pursuant to this Request are limited to Documents

created on and after January 1, 2017.


Welded - Notice of Subpoena TransCanada

Documents

Transcript of Welded - Notice of Subpoena TransCanada