EFiled: Nov 18 2021 04:46PMEEST
`Case No. 2021-0498-MTZ ieLy
`Transaction ID 67108752 eahil A=
`
`OFDAS
`
`
`Exhibit A
`Exhibit A
`
`
`
`EFiled: Nov 18 2021 04:46PM EST
`Transaction ID 67108752
`Case No. 2021-0498-MTZ
`
`
`Case No. 2021-0498-MTZ ieLy
`Transaction ID 67108752 eahil A=
`
`OFDAS
`
`
`Exhibit A
`Exhibit A
`
`
`
`EFiled: Nov 18 2021 04:46PM EST
`Transaction ID 67108752
`Case No. 2021-0498-MTZ
`
`
`
`v.
`
`
`CALIFORNIA SAFE SOIL, LLC, et al.,
`Counter-Defendants.
`
`
`
`
`
`
`
`
`
`v.
`
`IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
`
`CALIFORNIA SAFE SOIL, LLC, a Delaware
`
`limited liability company,
`
`Plaintiff,
`
`
`C.A. No. 2021-0498-MTZ
`
`
`
`
`
`
`
`KDC AGRIBUSINESS, LLC, et al.,
` Defendants.
`
`KDC AGRIBUSINESS LLC, et al.,
`Counter-Plaintiffs,
`
`SUBPOENA DUCES TECUM
`
`
`THE STATE OF DELAWARE
`KENT COUNTY
`
`TO: Track-X, Inc.
`
`c/o Paracorp Incorporated
`
`2140 DuPont Highway
`
`Camden, DE 19934
`
`YOU ARE HEREBY COMMANDED:
`
`
`
`Pursuant to Court of Chancery Rules 26, 34, and 45, to produce for copying
`
`and inspection the documents specified in Schedule A attached hereto, within 20
`
`days after service of this Subpoena, at the offices of Duane Morris LLP, 1201 N.
`
`
`
`Market Street, Suite 501, Wilmington, DE 19801, or at such other time and location
`
`as agreed upon by the parties or ordered by the Court.
`
`PLEASE TAKE NOTICE:
`
`
`
`This subpoena is issued pursuant to Court of Chancery Rules 26, 34, and 45.
`
`Subsections (c) and (d) of Rule 45 are as follows:
`
`(c) Protection of persons subject to subpoenas
`
`(1) A party or an attorney responsible for the issuance and service of a
`
`subpoena shall take reasonable steps to avoid imposing undue burden or
`
`expense on a person subject to that subpoena. The court on behalf of which
`
`the subpoena was issued shall enforce this duty and may impose upon the
`
`party or attorney in breach of this duty an appropriate sanction, which may
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`include, but is not limited to, lost earnings and a reasonable attorney’s fee.
`
`(2)(A) A person commanded to produce and permit inspection and copying of
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`designated documents, electronically stored information, or tangible things or
`
`inspection of premises need not appear in person at the place of production or
`
`inspection unless commanded to appear for deposition, hearing or trial.
`
`(B) Subject to paragraph (d)(2) of this rule, a person commanded to
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`produce and permit inspection and copying may, within 14 days after
`
`service of the subpoena or before the time specified for compliance if
`
`such time is less than 14 days after service, serve upon the party or
`
`
`
`
`2
`
`
`
`attorney designated in the subpoena written objection to inspection or
`
`copying of any or all of the designated materials or of the premises. If
`
`objection is made, the party serving the subpoena shall not be entitled
`
`to inspect and copy the materials or inspect the premises except
`
`pursuant to an order of the court by which the subpoena was issued. If
`
`objection has been made, the party serving the subpoena may, upon
`
`notice to the person commanded to produce, move at any time for an
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`order to compel production. Such an order to compel production shall
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`protect any person who is not a party or an officer of a party from
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`significant expense resulting from the inspection and copying
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`commanded.
`
`(3)(A) On timely motion, the court on behalf of which the subpoena was
`
`issued shall quash or modify the subpoena if it (i) Fails to allow reasonable
`
`time for compliance; (ii) Requires disclosure of privileged or other protected
`
`matter and no exception or waiver applies; or (iii) Subjects a person to undue
`
`burden.
`
`(B) If a subpoena (i) Requires disclosure of a trade secret or other
`
`confidential research, development, or commercial information, or (ii)
`
`Requires disclosure of an unretained expert’s opinion or information
`
`not describing specific events or occurrences in dispute and resulting
`
`
`
`
`3
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`
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`from the expert's study made not at the request of any party, the court
`
`on behalf of which the subpoena was issued may, to protect a person
`
`subject to or affected by the subpoena, quash or modify the subpoena
`
`or, if 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, the Court may
`
`order appearance or production only upon specified conditions.
`
`(d) Duty in responding to subpoena
`
`(1) If a subpoena does not specify a form for producing documents or
`
`electronically stored information, the person responding shall produce it in a
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`form or forms in which it is ordinarily maintained, or in which it is reasonably
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`usable. Absent a showing of good cause, the person responding need not
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`produce the same documents or electronically stored information in more than
`
`one form. The person responding need not provide discovery of documents or
`
`electronically stored information from sources that the person identifies as not
`
`reasonably accessible because of undue burden or cost. On a motion to compel
`
`discovery or for a protective order, the person responding to a subpoena must
`
`show that the information is not reasonably accessible because of undue
`
`burden or cost. If that showing is made, the Court nevertheless may order
`
`
`
`
`4
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`
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`discovery from such sources if the requesting party shows good cause. The
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`Court may specify the conditions for the discovery.
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`(2) When information subject to a subpoena is withheld on a claim that it is
`
`privileged or subject to protection as trial preparation materials, the claim
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`shall be made expressly and shall be supported by a description of the nature
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`of the documents, electronically stored information, or tangible things not
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`produced that is sufficient to enable the demanding party to contest the claim.
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`
`
`
`
`
`
`
`Dated: November 17, 2021
`
`Of Counsel:
`
`Sean S. Zabaneh
`Andrew R. Sperl
`Kevin M. Moran
`DUANE MORRIS LLP
`30 South 17th Street
`Philadelphia, PA 19103
`Telephone: (215) 979-1000
`sszabaneh@duanemorris.com
`arsperl@duanemorris.com
`kmoran@duanemorris.com
`
`
`
`
`
`DUANE MORRIS LLP
`
`
` /s/ Tracey E. Timlin
`Richard L. Renck (#3893)
`Mackenzie M. Wrobel (#6088)
`Tracey E. Timlin (#6469)
`Duane Morris LLP
`1201 N. Market Street, Suite 501
`Wilmington, DE 19801
`Telephone: (302) 657-4906
`rlrenck@duanemorris.com
`mmwrobel@duanemorris.com
`ttimlin@duanemorris.com
`
`Counsel for Plaintiff/Counter-
`Defendants
`
`
`5
`
`
`
`SCHEDULE A
`
`DEFINITIONS
`
`1.
`
`2.
`
`“All” includes “each” and “any,” and vice versa.
`
`“All Documents” and/or “each Document” shall mean every
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`Document which can be located, discovered, or obtained by reasonably diligent
`
`efforts, including without limitation all Documents possessed by: (a) You or Your
`
`Counsel; or (b) any other Person or entity from whom You can obtain such
`
`Documents by requests or which You have a legal right to bring within Your
`
`possession by demand.
`
`3.
`
`“And” and “or” are interchangeable. “And” is understood to include or
`
`encompass “or,” or vice versa, so as to bring within the scope of the discovery
`
`Request all responses that might otherwise be construed to be outside of its scope.
`
`4.
`
`“Communication” means, without
`
`limitation, oral or written
`
`communication of any kind, all electronic communications, emails, facsimiles,
`
`telephone communications, correspondence, exchange of written or recorded
`
`information, or face-to-face meetings. The phrase “Communication between” is
`
`defined to include instances where one party addresses the other party but the other
`
`party does not necessarily respond.
`
`5.
`
`“Concerning” shall mean relating to, referring to, describing,
`
`evidencing, supporting, or constituting.
`
`
`
`6.
`
`“CSS” means California Safe Soil, LLC, as well as its predecessors,
`
`successors, divisions, subsidiaries, officers, directors, employees, agents, or anyone
`
`acting or purporting to act on its behalf.
`
`7.
`
`“Confidential Information” means all material, information and
`
`documents, in whatever form provided, identified as confidential or proprietary in
`
`nature relating to business, finances, operations, strategic planning, research and
`
`development activities, forecasts, products, designs, systems, processes, firmware
`
`technical specifications, engineering data, flowcharts, logic diagrams, source code,
`
`schematics, notes, data, memoranda, know-how, purchasing activities, trade secrets,
`
`as well as any material and information which, from the circumstances in which they
`
`are made available to You, should reasonably be considered confidential or
`
`proprietary.
`
`8.
`
`“CSS Facility” means the recycling facility operated by CSS in
`
`McClellan, California.
`
`9.
`
`“Intellectual Property” means all intellectual property rights of any
`
`kind and nature, including without limitation: (i) patents, patent applications and
`
`continuations, industrial design registrations and applications therefore, (ii)
`
`trademarks, service marks, trade names, Internet domain names, trade dress and the
`
`goodwill associated therewith, and all registrations or applications for registration
`
`thereof; (iii) copyrights, database rights and moral rights in both published works
`
`
`
`
`7
`
`
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`and unpublished works, including all such rights in software, user and training
`
`manuals, marketing and promotional materials, websites, internal reports, business
`
`plans and any other expressions, mask works, firmware and videos, whether
`
`registered or unregistered, and all registrations or applications for registration
`
`thereof; and (iv) trade secret and confidential information, including such rights in
`
`inventions (whether or not reduced to practice), know-how, customer lists, technical
`
`information, proprietary information, technologies, processes and formulae,
`
`software, data, plans, drawings and blue prints, whether tangible or intangible and
`
`whether
`
`stored,
`
`compiled or memorialized physically,
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`electronically,
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`photographically, or otherwise.
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`10.
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`“CSS Process” means the process employed at the CSS Facility to
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`collect, handle, sort, process and recycle Residuals into fertilizer, animal feed, or
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`animal feed ingredients, including, but not limited to, the development and design
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`of the facility and the technology and the equipment used at the facility.
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`11.
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`“Trade Secrets” include all trade secrets, including, but are not limited
`
`to, facility design and specifications; equipment specifications and manufacturer
`
`information; collection procedures and equipment
`
`information;
`
`feedstock
`
`preparation methodology; operating procedures and specifications; workplace safety
`
`information; representative Supermarket contract terms; enzyme types, sources, and
`
`application methodologies; product stabilization inputs, sources and methodologies;
`
`
`
`
`8
`
`
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`certified organic production methodology; quality control procedures and
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`methodology; quality assurance procedures and methodology; research and Field
`
`Trial results; employee handbooks.
`
`12.
`
`“Defendants”
`
`shall mean Defendants/Counter-Plaintiffs KDC
`
`Agribusiness, LLC (“KDC Ag”), KDC Agribusiness Fairless Hills, LLC (“KDC
`
`Fairless Hills”), KDC Agribusiness North Dakota, LLC (“KDC North Dakota”),
`
`Kamine Safe Soil, LLC, Harold N. Kamine, Justin Kamine, Matthew Kamine, and
`
`Barry Starkman.
`
`13.
`
`“Document” shall be broadly interpreted as used in Rule 34(a) of the
`
`Delaware Court of Chancery Rules and applies equally to hard copy and
`
`electronically stored information. The term “Document” includes, without
`
`limitation, the original and all non-identical copies of all written or printed items,
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`including, without limitation, letters, correspondence, memoranda, legal pleadings,
`
`calendars, diaries, day planners, card files or Rolodex files, expense reports, travel
`
`records, lists, outlines, summaries, records of telephone conversations, telegrams,
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`facsimiles, notes, reports, data, data compilations, data analyses, compilations,
`
`notebooks, work papers, graphs, charts, spreadsheets, blueprints, books, pamphlets,
`
`brochures, circulars, manuals,
`
`instructions,
`
`ledgers, drawings,
`
`sketches,
`
`photographs, videotapes, audiotapes, film and sound reproductions, emails, internal
`
`or external web site content, compact discs, computer files and disks, sales,
`
`
`
`
`9
`
`
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`advertising and promotional literature, agreements, contracts, stored recordings,
`
`minutes or other recordings of meetings, all written or graphic representations of any
`
`kind, and all mechanical or electronic data, records, or representations of any kind.
`
`14.
`
`“Electronically stored information” or “ESI” has the same full
`
`meaning as construed by Delaware Court of Chancery Rule 34 and includes, without
`
`limitation, the following: (a) structured and unstructured data, as those terms are
`
`defined in The Sedona Conference Glossary: eDiscovery & Digital Information
`
`Management, available at www.thesedonaconference.org/publications; (b) activity
`
`listings of electronic mail receipts and/or transmittals; (c) output resulting from the
`
`use of any software program, including, without limitation, word processing
`
`documents, spreadsheets, database files, charts, graphs and outlines, electronic mail,
`
`instant messaging programs and applications (e.g., WhatsApp, AOL Instant
`
`Messenger™, Blackberry Messenger™, iChat and iCloud, Signal, and the like), text-
`
`messaging programs or applications, or bulletin board programs, operating and
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`backup systems, source code, PRF files, PRY files, batch files, ASCII files, and all
`
`miscellaneous media on which they reside and regardless of whether said electronic
`
`data exists in an active file, a backup file or system, a deleted file or system, or file
`
`or fragment; (d) any and all items stored on computer memories, hard disks, floppy
`
`disks, CD-ROM, magnetic tape, microfiche, virtual or cloud based storage (e.g.,
`
`iCloud), or in any other vehicle for digital data storage or transmittal, such as, but
`
`
`
`
`10
`
`
`
`not limited to, desktop computers; servers and other network computers; backup
`
`tapes or systems; laptop computers; tablets (e.g., iPads); home or personal computers
`
`used for business purposes; cellphones, smartphones, personal digital assistants, or
`
`similar devices running mobile operating systems, including such devices owned by
`
`Your employees and used in any way for business purposes; external storage devices
`
`(such as “keychain” drives) and file folder tabs; or containers and labels appended
`
`to or relating to any physical storage device associated with each original or copy of
`
`all documents requested herein; (e) any and all items stored on voice-mail systems,
`
`websites, company intranet sites, chat rooms and social networking websites (e.g.,
`
`Facebook and LinkedIn); and (f) any and all data, data compilations, and data
`
`analyses. The term “ESI” is included in the definition of Document.
`
`15.
`
`“Fairless Hills Facility” means the facility owned and/or controlled by
`
`KDC Ag and/or KDC Fairless Hills and/or any affiliated person and/or entity located
`
`at or around 250 Canal Road, Fairless Hills, Pennsylvania on Tax Parcel No. 13-
`
`047-126-004, including, but not limited to, the project and facility described in the
`
`Offering Memorandum.
`
`16.
`
`“Identify” shall mean:
`
`a. When referring to a natural Person, “identify” means to give, to the
`extent known, the following:
`
`
`i. his/her name;
`ii. his/her last known home address;
`iii. his/her last known home, mobile, and work telephone numbers;
`
`
`
`
`11
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`
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`iv. his/her last known email address(es);
`v. the name and address of his/her last known employer;
`vi. a description of his/her last known profession, occupation, or
`employment; and
`vii. a description of his/her relationship to You.
`
`
`Once a natural Person has been identified in accordance with this subparagraph, only
`
`the name of that Person needs to be listed in response to subsequent discovery
`
`requesting the identification of that Person.
`
`b. When used to refer to a Person other than a natural Person, “identify”
`means to give, to the extent known, the following:
`
`
`i. its formal name and any other name(s) by which it is known or
`under which it operates;
`ii. its principal place of business;
`iii. the name(s) of the jurisdiction(s) under the laws of which it
`was/is formed and/or organized;
`iv. the address(es) of its registered office in the jurisdiction(s) under
`the laws of which it was/is formed and/or organized;
`v. the name(s) of its registered agent(s) in the jurisdiction(s) under
`the laws of which it was/is formed and/or organized;
`vi. the identities of any Persons who/which, in relation to the acts,
`omissions, transactions, and occurrences from which the claims
`or defenses asserted in this matter arise, have acted, act or may
`act;
`vii. a description of the activities in which it engages; and
`viii. a description of its relationship with You.
`
`
`Once a Person other than a Natural Person has been identified in accordance with
`
`this subparagraph, only the name of that Person needs to be listed in response to
`
`subsequent discovery requesting the identification of that Person.
`
`c. When referring to any Document, Communication, or thing, You shall
`provide, either:
`
`
`
`
`
`12
`
`
`
`i. A complete and accurate copy or reproduction thereof; or
`ii. As applicable:
`
`
`1. the Date(s) the Document/thing was created and/or
`modified;
`2. the identity of all Persons who participated in its
`preparation or modification, to whom it is addressed, who
`received it, and who have seen it or who otherwise have
`knowledge of it or are aware of its contents;
`3. a description of its type (e.g., contract, e-mail, letter,
`memorandum, etc.);
`4. a detailed description of its contents;
`5. a description of its last known location(s); and
`6. the identity of its last known custodian(s).
`
`“Including” is used to emphasize certain types of documents requested
`
`17.
`
`and should not be construed as limiting the request in any way.
`
`18.
`
`“North Dakota Facility” means the facility owned, leased, and/or
`
`controlled by KDC Ag and/or any affiliated person and/or entity located at or around
`
`1202 Jahr Ave., Portland, ND 58274.
`
`19.
`
`“Offering Memorandum” means the Limited Offering Memorandum
`
`Dated May 14, 2020 for Exempt Facility Revenue Bonds issued by the Pennsylvania
`
`Economic Development Financing Authority for the KDC Agribusiness Fairless
`
`Hills LLC Project.
`
`20.
`
`“Other Facility” means any facility contemplated, planned, owned,
`
`operated, or otherwise controlled by any Defendant(s) or any of their affiliates to
`
`recycle products into animal feed products, fertilizer, and/or to otherwise employ
`
`any aspect of any food or waste recycling process.
`
`
`
`
`13
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`
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`21.
`
`“Person” means any natural person, corporation, or partnership, or any
`
`business, legal, or government entity, organization, or association.
`
`22.
`
`“Relating to,” “referring to,” or “with respect to” mean, without
`
`limitation, the following concepts: concerning, discussing, describing, reflecting,
`
`dealing with, pertaining to, analyzing, evaluating, estimating, constituting, studying,
`
`surveying, projecting, assessing, recording, summarizing, criticizing, reporting,
`
`commenting, or otherwise involving, in whole or in part.
`
`23.
`
`“Residuals” means unspoiled biodegradable animal, plant or other
`
`residual organic products from supermarkets or other sources that are no longer
`
`being offered to consumers, or post-consumer sources of such materials, which are
`
`suitable for the production of fertilizer, animal feed, or animal feed ingredients.
`
`24.
`
`“You” or “Your” means the parties to whom the Requests are directed,
`
`inclusive of any owners, members, shareholders, managers, officers, directors,
`
`representatives, servants, workmen, representatives, employees, contractors,
`
`accountants, attorneys, investigators, indemnitors, insurers, consultants, sureties,
`
`agents, and other Persons acting or purporting to act in the name of said parties, and
`
`shall also be construed to mean any predecessors in interest thereof.
`
`
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`
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`
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`
`14
`
`
`
`INSTRUCTIONS
`
`1.
`
`Unless otherwise noted, the relevant time period for these Requests is
`
`January 1, 2011, through the present (the “Relevant Time Period”). Each Request
`
`seeks Documents limited to the Relevant Time Period unless otherwise noted.
`
`2.
`
`You are requested to produce all Documents designated below which
`
`are in your possession, custody or control, or in the possession, custody or control
`
`of your counsel, members, officers, directors, partners, agents, employees, attorneys,
`
`representatives, affiliated or associated companies or any other Person or entity
`
`acting or purporting to act in concert with you or on your behalf, wherever located.
`
`3.
`
`Each Request seeks production of each Document in its entirety,
`
`without abbreviation, redaction or expurgation, including all attachments, exhibits,
`
`lists, schedules, or other matters at any time affixed thereto.
`
`4.
`
`Documents not otherwise responsive to these Requests are to be
`
`produced if such Documents are attached to, or enclosed with, any Document that is
`
`responsive. Examples of such Documents include, but are not limited to, routing
`
`slips, transmittal memoranda or letters, comments, evaluations, or similar
`
`documents.
`
`5.
`
`In answering these Requests, You must make a diligent search of Your
`
`records and other papers and materials in Your possession or available to You or
`
`Your representatives.
`
`
`
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`15
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`6.
`
`The use of the singular shall be deemed to include the plural, and the
`
`use of one gender shall include the other, as appropriate in context.
`
`7.
`
`If You claim any privilege as a basis for not answering any Request, or
`
`any portion thereof, or for withholding any otherwise responsive Document, please
`
`set forth in your response with respect to each such Document, in sufficient detail to
`
`identify the particular Document, and to allow the court to adjudicate the validity of
`
`your claim of privilege, without disclosing the information which is claimed to be
`
`privileged, the following:
`
`a. The type of Document (e.g., letter, memorandum, report, etc.);
`
`b. The date on which the Document was prepared and (where applicable)
`
`transmitted;
`
`c. Its title and file reference, if any;
`
`d. The subject matter of the Document;
`
`e. The name, title, employer and address (or last known title, employer
`
`and address if current information is unavailable) of each Person who
`
`drafted, revised, signed, provided information for, or received the
`
`original or a copy of such Document, and state for each such person
`
`whether he or she is an attorney and, if so, on whose behalf he or she
`
`was acting; and
`
`
`
`
`16
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`
`
`f. The specific basis of your claim of privilege, and each fact upon which
`
`You rely in claiming the privilege.
`
`8.
`
`To the extent a response to a Request is based upon information and
`
`belief, set forth the source of the information and the grounds for the belief.
`
`9.
`
`If You object on the basis of ambiguity or vagueness to the Requests,
`
`or to any related definition or instruction, You must respond to the Requests and set
`
`forth Your interpretation of the language You claim is vague or ambiguous.
`
`10.
`
`If You refuse to provide a response to the Requests because the
`
`response or the responsive Document(s) is considered confidential, proprietary, non-
`
`public, and/or trade secret, Your response should include a statement of the basis for
`
`the claim, but such response or responsive Document(s) should still be produced
`
`subject to a confidentiality agreement between the parties.
`
`11.
`
`If any Document requested herein was formerly in Your possession,
`
`custody, or control and has been lost, destroyed or otherwise disposed of, You are
`
`directed to submit in lieu of each such Document a written statement: (a) describing
`
`in detail the nature of the Document and its contents; (b) identifying the Person(s)
`
`who prepared or authored the Document and, if applicable, the Person(s) to whom
`
`the Document was sent or shown; (c) specifying the date on which the Document
`
`was prepared or transmitted; and (d) specifying, if possible, the date on which the
`
`Document was lost or destroyed and, if destroyed, the reason(s) for such destruction,
`
`
`
`
`17
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`
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`the Person(s) requesting and/or performing the destruction, and the Person(s)’
`
`employer(s) and positions.
`
`12.
`
`In accordance with Delaware Court of Chancery Rules, each Request
`
`shall be deemed continuing so as to require supplemental responses if You obtain or
`
`discover additional Documents between the time of initial production and the time
`
`of the hearing or trial. Such supplemental Documents must be produced as soon as
`
`practicable after acquisition, but in no event later than ten (10) days after acquisition.
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`13. All Documents are to be produced as they are kept in the usual course
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`of business so that the non-producing party can ascertain the files in which they are
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`located, their relative order in such files and how such files were maintained, or,
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`alternatively, each Document or set of Documents produced shall be labeled to
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`correspond with the categories in these Requests.
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`14. Documents stored electronically should be produced in a manner of
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`production that is agreed to by the parties in advance of the production.
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`15.
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`If You discover that a response is incomplete or incorrect, You must,
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`in a timely manner, supplement or correct such response in accordance with Rule
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`26.
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`16. Documents produced in response to these Requests shall be identified
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`by consecutive bates numbers and shall identify the source of the Document(s).
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`18
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`17. A copy of the Stipulation and Order Governing the Production and
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`Exchange of Confidential and Highly Confidential Information entered in this action
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`on June 24, 2021 (the “Protective Order”) is attached hereto as Exhibit 1. The
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`protections contained in the Protective Order are available to non-parties receiving
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`subpoenas in this Action pursuant to Paragraphs 11 and 29 of that order.
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`DOCUMENT REQUESTS
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`Document Request No. 1: All Documents relating to the Fairless Hills Facility, the
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`North Dakota Facility, and/or any Other Facility.
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`Document Request No. 2: All Documents relating to the development,
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`construction, design, and the actual and/or anticipated operation of the Fairless Hills
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`Facility, the North Dakota Facility, and/or any Other Facility, including, but not
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`limited to: (a) the equipment used or anticipated to be used at any of them; (b) the
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`products produced or anticipated to be produced at any of them; (c) the process
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`utilized or intended to be utilized at any of them; (d) the mass balance of fat levels
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`in any products produced or anticipated to be produced at any of them; (e) food
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`collection data considered in connection with any of them; (f) the size of the
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`collection bins or totes, collection frequency, process schedule, and number of bins
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`needed at any of them; (g) the calculation of ratios for raw material inputs needed to
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`be blended to achieve the desired fat levels in any product produced or anticipated
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`19
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`to be produced at any of them; (h) plans, diagrams and drawings of any of them;
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`and/or (i) communications with any other subcontractors involved in any of them.
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`Document Request No. 3: All Documents relating to CSS, including, but not
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`limited to: (a) any visits to any facility owned or controlled by CSS; (b) any review
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`or analysis of information owned, controlled, or provided by CSS, including
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`Confidential Information, Intellectual Property, and/or Trade Secrets; (c) any
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`Communications with Defendant(s) or any affiliates or representative(s) of
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`Defendant(s) or any subcontractors regarding CSS; and/or (d) any other Documents
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`relating to CSS at all.
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`Document Request No. 4: All Documents relating to any Defendant(s) or any
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`affiliates or representatives of any Defendant(s), including, but not limited to: (a)
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`any draft or final agreements; (b) billing, invoices, and/or payment; (c) engagement
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`letters; (d) meeting minutes; and/or (e) any other Documents at all related to any of
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`them.
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`Document Request No. 5: All Documents relating to the Offering Memorandum,
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`including, but not limited to, any subject matter addressed in the Offering
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`Memorandum.
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`Document Request No. 6: All Documents relating to any Confidential Information,
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`Intellectual Property, and/or Trade Secrets to which You were given access in
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`connection with your engagement by Defendant(s), and Documents sufficient to
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`20
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`identify the source of ownership, control, and/or development of any such
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`Confidential Information, Intellectual Property, and/or Trade Secrets.
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`21
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