UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
AO 88A — SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
SUBPOENA DUCES TECUM TO BRIARWOOD TRUCKING CO.
Issued Pursuant to Federal Rule of Civil Procedure 45
Date Issued: June 28, 2023
Prepared by: Simone Laroche, Associate, Calderwood & Harkness LLP
Issued on behalf of: Defendant Stonefield Logistics Group Inc.
I. IDENTIFICATION OF RECIPIENT
TO:
Briarwood Trucking Co. A corporation organized and existing under the laws of the Commonwealth of Virginia 1280 Jefferson Davis Highway, Suite 310 Arlington, VA 22202
Attention: Custodian of Records / General Counsel
II. COMMAND
You are hereby commanded, pursuant to Federal Rule of Civil Procedure 45, to produce and permit inspection and copying of the documents, electronically stored information, and tangible things described in Schedule A attached hereto and incorporated herein by reference. Production shall be made at the time and place set forth below:
Place of Production:
Calderwood & Harkness LLP 200 Park Avenue, 38th Floor New York, NY 10166
or, at the option of the producing party, via secure electronic transfer to the Pinnacle Forensics LLC hosted review platform:
Project ID: PF-SLG-2022-0914 Contact: Nathan Billings, Client Engagement Director Pinnacle Forensics LLC 12000 Findley Road, Suite 200 Johns Creek, GA 30097
Date and Time of Production:
On or before July 28, 2023 (thirty (30) days from the date of service of this subpoena).
Alternative Production Location:
In the alternative, production may be made at the offices of Briarwood Trucking Co., 1280 Jefferson Davis Highway, Suite 310, Arlington, VA 22202, upon reasonable advance notice to counsel for Defendant Stonefield Logistics Group Inc. at the address and contact information set forth below.
III. IDENTIFICATION OF ISSUING PARTY AND COUNSEL
Issuing Party:
Defendant Stonefield Logistics Group Inc.
Counsel for Defendant:
Calderwood & Harkness LLP 200 Park Avenue, 38th Floor New York, NY 10166
Responsible Partner: Samuel Eklund Lead Associate: Patrick Gallagher Contact Attorney: Simone Laroche, Associate
Telephone: (212) 558-4000 Facsimile: (212) 558-4001 Email: simone.laroche@calderwoodharkness.com
All communications regarding this subpoena should be directed to Simone Laroche at the contact information set forth above.
IV. CASE BACKGROUND
This subpoena is issued in connection with the above-captioned civil action currently pending before the Honorable Margaret T. Calloway, United States District Judge, in the United States District Court for the Southern District of New York.
The action arises out of a Transportation Services Agreement dated March 15, 2019 (Contract Reference No. SLG-VTS-2019-0315) (the "TSA"), entered into between Stonefield Logistics Group Inc. ("Stonefield" or "SLG") and Vantor Transport Services LLC ("VTS"), a wholly owned subsidiary of Plaintiff Vantor Holdings Corp. ("Vantor"). The TSA governed the provision of freight transportation services by VTS for the benefit of Stonefield across various designated shipping lanes throughout the eastern and southeastern United States.
Plaintiff Vantor Holdings Corp. commenced this action on or about September 19, 2022, alleging, among other things, that Stonefield wrongfully terminated the TSA effective March 4, 2022, in breach of its terms, and that Stonefield is liable for approximately $95.4 million in damages, inclusive of lost profits, consequential damages, and costs allegedly incurred by VTS as a result of the purported wrongful termination.
Among the allegations set forth in Vantor's Amended Complaint (Dkt. No. 34, filed December 2, 2022), Vantor asserts that Stonefield diverted freight shipments to competing carriers, including Briarwood Trucking Co., in purported violation of exclusivity provisions set forth in Schedule C of the TSA. Specifically, Vantor contends that Stonefield's engagement of Briarwood constituted a breach of the exclusivity covenants applicable to the fourteen (14) designated "Primary Lanes" identified in Schedule C, Section 1 of the TSA.
Stonefield denies any exclusivity violation and contends that its engagement of Briarwood Trucking Co. was limited to Lanes 8 through 14, which are classified as "Secondary Lanes" under Schedule C, Section 2(b) of the TSA and are not subject to the exclusivity restrictions applicable only to the fourteen (14) designated Primary Lanes. Stonefield further contends that Vantor's claims regarding the alleged diversion of freight are factually unsupported and that the documents in the possession, custody, or control of Briarwood Trucking Co. will confirm that Briarwood's services for Stonefield were confined exclusively to non-exclusive Secondary Lanes.
The documents sought by this subpoena are directly relevant to Stonefield's defenses in this action and are not available from any party to the litigation. Briarwood Trucking Co. is a non-party to this action and is believed to have in its possession, custody, or control documents and electronically stored information that are material to the issues in dispute, including the scope and nature of the transportation services Briarwood provided to Stonefield, the specific lanes and corridors on which Briarwood operated, and the terms and conditions governing that carrier relationship.
V. DEFINITIONS
A. Defined Terms
For purposes of this subpoena and the requests set forth in Schedule A, the following definitions shall apply:
1. "Briarwood" means Briarwood Trucking Co. and any of its subsidiaries, affiliates, divisions, predecessors, successors, officers, directors, employees, agents, and representatives, whether acting in an individual or representative capacity.
2. "Stonefield" or "SLG" means Stonefield Logistics Group Inc., a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 4200 Commerce Parkway, Suite 800, Fort Worth, TX 76102, and any of its subsidiaries, affiliates, divisions, officers, directors, employees, agents, and representatives.
3. "Vantor" means Vantor Holdings Corp. and/or Vantor Transport Services LLC, collectively or individually as the context requires, including any of their subsidiaries, affiliates, divisions, officers, directors, employees, agents, and representatives.
4. "TSA" means the Transportation Services Agreement dated March 15, 2019, bearing Contract Reference No. SLG-VTS-2019-0315, entered into between Stonefield Logistics Group Inc. and Vantor Transport Services LLC, together with all schedules, exhibits, appendices, amendments, supplements, addenda, and modifications thereto.
5. "Relevant Period" means January 1, 2019 through March 31, 2024. This period is intended to cover the full term of the TSA, including a reasonable period before the execution of the TSA and extending through the original expiration date of the agreement.
6. "Primary Lanes" means the fourteen (14) designated origin-destination pairs identified in Schedule C, Section 1 of the TSA as "Primary Lanes," to which the exclusivity provisions of the TSA apply.
7. "Secondary Lanes" means all lanes not designated as Primary Lanes under Schedule C of the TSA, including but not limited to Lanes 8 through 14 as identified in Briarwood's contracts, rate confirmations, load tenders, or other shipping documentation exchanged between Briarwood and Stonefield.
8. "Lanes 8–14" means the transportation lanes (origin-destination pairs) bearing those lane designations (i.e., Lane 8, Lane 9, Lane 10, Lane 11, Lane 12, Lane 13, and Lane 14) in rate confirmations, load tenders, dispatch records, or other shipping documentation exchanged between Briarwood and Stonefield during the Relevant Period.
9. "Document" or "Documents" shall have the broadest meaning permitted under Federal Rule of Civil Procedure 34(a) and includes, without limitation, all writings, communications, electronically stored information ("ESI"), correspondence, emails, text messages, instant messages, memoranda, contracts, agreements, rate confirmations, load tenders, invoices, bills of lading, delivery receipts, proof-of-delivery records, reports, analyses, spreadsheets, databases, presentations, notes, minutes, summaries, logs, calendars, diaries, recordings, photographs, charts, graphs, maps, and any other recorded information, regardless of form or medium, whether in paper, electronic, magnetic, optical, or any other format, and including all originals, copies, drafts, and revisions thereof.
10. "Communication" or "Communications" includes every manner or means of disclosure, transfer, or exchange of information, whether oral, written, or electronic, including but not limited to face-to-face conversations, telephone calls, voicemail messages, video conferences, emails, text messages, instant messages, social media messages, letters, facsimiles, and any other form of verbal or non-verbal exchange of information.
B. Rules of Construction
The following rules of construction shall apply to this subpoena and the requests set forth in Schedule A:
1. The terms "and" and "or" shall be construed conjunctively or disjunctively as necessary to make the applicable request inclusive rather than exclusive.
2. The term "including" means "including but not limited to" and shall not be construed to limit the scope of any request to the specific items or categories enumerated.
3. The terms "any" and "all" shall each mean "each and every."
4. The use of the singular form of any word includes the plural and vice versa.
5. The term "Communication" includes every manner or means of disclosure, transfer, or exchange of information, whether oral, written, or electronic, as further defined above.
6. The terms "relating to" or "concerning" mean referring to, describing, evidencing, constituting, reflecting, mentioning, pertaining to, or being in any way logically or factually connected with the subject matter referenced in the applicable request.
7. The term "person" includes any natural person, corporation, partnership, limited liability company, association, joint venture, governmental entity, or any other legal entity.
8. The term "identify," when used with respect to a natural person, means to provide the person's full name, last known address, telephone number, job title, and employer. When used with respect to a document, "identify" means to provide the document's date, author, type, subject matter, and current location or custodian.
VI. INSTRUCTIONS
A. General Instructions
1. Documents responsive to the requests set forth in Schedule A shall be produced as they are kept in the ordinary course of business, or they shall be organized and labeled to correspond to the categories set forth in each numbered request.
2. If any document responsive to any request is withheld in whole or in part on the basis of any claim of privilege, protection, or immunity from disclosure — including but not limited to attorney-client privilege, work product protection, or any other applicable privilege — Briarwood shall provide a privilege log in accordance with Federal Rule of Civil Procedure 45(e)(2)(A). The privilege log shall identify each document withheld and shall include the following information for each entry:
(a) the type or nature of the document (e.g., email, memorandum, letter);
(b) the date of the document;
(c) the author(s) or sender(s) of the document;
(d) the recipient(s) of the document and any persons copied (including CC and BCC recipients);
(e) a description of the subject matter of the document in sufficient detail to enable the Defendant and, if necessary, the Court to evaluate the claim of privilege or protection, without revealing the privileged content; and
(f) the specific privilege or protection asserted as the basis for withholding.
3. If any document responsive to any request has been lost, destroyed, discarded, deleted, or is otherwise no longer in Briarwood's possession, custody, or control, Briarwood shall identify such document with as much specificity as reasonably possible and shall state: (a) the nature and subject matter of the document; (b) the date or approximate date of the document; (c) the identity of the author(s) and recipient(s); (d) the date on which the document was lost, destroyed, or discarded; (e) the reason for and circumstances of the loss, destruction, or disposal; and (f) the identity of the person(s) who authorized or carried out the loss, destruction, or disposal.
4. Briarwood shall produce all non-identical copies of responsive documents, including drafts, preliminary versions, annotated copies, and any versions bearing handwritten notes, comments, marginalia, or other markings.
5. Documents shall not be separated from their attachments, appendices, or enclosures. Where a document consists of multiple pages or components (including cover letters with enclosures, emails with attachments, or reports with exhibits), all such pages and components shall be produced together as a single document unit.
6. Staples, clips, or bindings should be removed only if necessary for scanning purposes. The original unitization and organization of documents shall be preserved to the greatest extent practicable.
7. If any request is deemed ambiguous, Briarwood shall construe the request in a reasonable manner and shall produce documents responsive to such reasonable construction, noting any assumed interpretation.
B. ESI Instructions
1. Electronically stored information shall be produced in single-page TIFF image format (300 DPI, Group IV compression) accompanied by extracted or OCR text files and load files compatible with standard litigation review platforms (including but not limited to Relativity, Ashgrove Technologies, or equivalent). Load files shall include a DAT file with standard delimiters and an OPT or Harborline Services Inc. cross-reference file.
2. Notwithstanding the foregoing, spreadsheets (including Microsoft Excel files and .csv files) and databases shall be produced in their native format, preserving all formulas, hidden columns, tabs, and embedded data.
3. The following metadata fields shall be preserved and produced for all ESI:
(a) Custodian; (b) Author; (c) Date Created; (d) Date Last Modified; (e) Date Sent; (f) Date Received; (g) Sender (From); (h) Recipient(s) (To); (i) CC; (j) BCC; (k) Subject Line; (l) File Name; (m) Original File Path; (n) File Type / Extension; and (o) MD5 or SHA-1 Hash Value.
4. Email attachments shall be produced as separate documents linked to their parent email messages via unique document identifiers (e.g., Bates-prefix parent-child relationships or ATTACHMENTBEGDOC / ATTACHMENTENDDOC fields in the load file).
5. De-duplication may be performed on an exact-duplicate basis only (based on MD5 or SHA-1 hash values) across custodians, provided that the custodian field for each de-duplicated document identifies all custodians from whose files the document was collected.
C. Cooperation and Rights Under Fed. R. Civ. P. 45
1. Pursuant to Federal Rule of Civil Procedure 45(d)(2)(B), if Briarwood has any objection to the inspection or production of documents commanded by this subpoena, such objection must be served in writing on Defendant's counsel at the address set forth in Section III above within fourteen (14) days after service of this subpoena, or before the time specified for compliance, whichever is earlier. The objection shall state the grounds for each objection with specificity.
2. Briarwood is encouraged to contact Simone Laroche at Calderwood & Harkness LLP at the address, telephone number, and email address set forth in Section III above to discuss the scope of this subpoena, negotiate the terms of a reasonable production schedule, address any concerns regarding the burden or cost of compliance, or resolve any objections informally and cooperatively, consistent with the obligations of the parties and non-parties under the Federal Rules of Civil Procedure.
3. Briarwood is advised that, pursuant to Federal Rule of Civil Procedure 45(d)(3), it may file a motion to quash or modify this subpoena in the United States District Court for the Eastern District of Virginia (as the court for the district where compliance is required if production occurs at Briarwood's offices in Arlington, Virginia) or in this Court, on the grounds set forth in Rule 45(d)(3)(A) or (B).
VII. SCHEDULE A — DOCUMENTS AND CATEGORIES REQUESTED
Request No. 1
All contracts, agreements, master service agreements, carrier agreements, transportation agreements, broker-carrier agreements, rate confirmations, amendments, supplements, addenda, side letters, and any other related documents between Briarwood and Stonefield, entered into, effective, or in force at any time during the Relevant Period, including but not limited to any documents specifying the lanes, origin-destination pairs, service areas, geographic corridors, or regions for which Briarwood provided or agreed to provide transportation services to Stonefield or on behalf of Stonefield.
Request No. 2
All rate confirmations, rate sheets, pricing schedules, tariffs, accessorial charge schedules, fuel surcharge tables, and load tenders exchanged between Briarwood and Stonefield during the Relevant Period, including any documents identifying specific lane designations (including, without limitation, Lanes 8 through 14), origin cities, destination cities, origin and destination zip codes, mileage, per-mile rates, per-load rates, minimum charges, and any other pricing terms or conditions applicable to transportation services provided by Briarwood to Stonefield.
Request No. 3
All communications (including emails, letters, text messages, instant messages, voicemail messages, and any other form of written or electronic communication) between Briarwood and Stonefield (including any officer, director, employee, agent, or representative of either party) during the Relevant Period relating to:
(a) the scope, nature, or terms of the transportation services provided or to be provided by Briarwood to Stonefield;
(b) lane assignments, lane designations, origin-destination pairings, or the geographic corridors or regions serviced or to be serviced by Briarwood on behalf of Stonefield;
(c) any exclusivity arrangements, restrictions, limitations, or conditions on Briarwood's or Stonefield's use of other carriers, brokers, or service providers for particular lanes, corridors, or routes, or any communications in which the concept of exclusivity was discussed, referenced, or addressed in any manner;
(d) Vantor, Vantor Holdings Corp., Vantor Transport Services LLC, VTS, or the Transportation Services Agreement dated March 15, 2019 (Contract Reference No. SLG-VTS-2019-0315); and
(e) any actual or potential dispute, claim, or litigation involving the transportation services provided by Briarwood to Stonefield or the lanes or corridors on which such services were provided.
Request No. 4
All invoices, bills, payment records, remittance advices, check stubs, wire transfer confirmations, and accounts receivable and/or accounts payable records reflecting charges by Briarwood to Stonefield, or payments by Stonefield to Briarwood, for transportation services during the Relevant Period, including any documentation sufficient to identify the lanes, routes, origin-destination pairs, or corridors on which such services were performed, the dates of service, and the amounts charged and paid.
Request No. 5
All load tenders, shipment records, bills of lading, delivery receipts, proof-of-delivery documentation, dispatch records, trip sheets, driver logs, and any other shipping or transportation records for shipments transported by Briarwood on behalf of Stonefield during the Relevant Period, including any documentation sufficient to identify:
(a) the origin and destination of each shipment;
(b) the lane designation, lane number, or route identifier (if any) associated with each shipment;
(c) the date of each shipment, including the date of pickup and date of delivery;
(d) the commodity type, weight, or description of goods transported; and
(e) whether the shipment involved any of the fourteen (14) Primary Lanes as defined in Schedule C, Section 1 of the TSA, to the extent Briarwood has knowledge of, or possesses documentation reflecting, such lane designations or the corresponding origin-destination pairs.
Request No. 6
All internal Briarwood documents, including memoranda, reports, analyses, presentations, spreadsheets, business plans, financial models, forecasts, projections, meeting minutes, and board or management presentations, relating to Briarwood's business relationship with Stonefield during the Relevant Period, including but not limited to documents reflecting:
(a) the volume of freight (measured in loads, miles, weight, or any other metric) handled by Briarwood for Stonefield;
(b) the revenue derived by Briarwood from its relationship with Stonefield, whether in the aggregate or broken down by lane, corridor, time period, or other category;
(c) the specific lanes, corridors, or geographic regions serviced by Briarwood for Stonefield;
(d) any expansion, contraction, or modification of the scope of services provided by Briarwood to Stonefield, including any increase or decrease in the number of lanes serviced or the volume of freight handled; and
(e) any internal assessment, evaluation, or discussion of the competitive landscape for freight transportation services in the lanes or corridors serviced by Briarwood for Stonefield.
Request No. 7
All communications between Briarwood and any third party (other than Stonefield) during the Relevant Period relating to Briarwood's transportation services for Stonefield, including but not limited to communications with:
(a) Vantor Holdings Corp. or Vantor Transport Services LLC;
(b) Cascade Freight Systems Inc. (4700 Lakehurst Court, Columbus, OH 43016);
(c) any other carrier, broker, freight forwarder, or logistics provider;
(d) any shipper, consignee, or customer of Stonefield; or
(e) any regulatory or governmental agency;
concerning the lanes or corridors on which Briarwood operated for Stonefield, any exclusivity arrangements or restrictions applicable to such lanes, or the nature and scope of Briarwood's carrier relationship with Stonefield.
Request No. 8
All documents reflecting or relating to Briarwood's knowledge, understanding, or awareness of any exclusivity arrangement, primary lane designation, preferred carrier designation, or contractual restriction between Stonefield and any other carrier or service provider (including, without limitation, VTS or Vantor) applicable to any of the lanes or corridors on which Briarwood provided services to Stonefield during the Relevant Period. This request includes, without limitation, any documents in which Briarwood was advised, informed, or made aware — whether by Stonefield, by a third party, or through Briarwood's own investigation or analysis — that certain lanes were subject to exclusivity provisions or restrictions that might limit or prohibit Stonefield's use of Briarwood on such lanes.
Request No. 9
Documents sufficient to identify all Briarwood personnel (including officers, directors, employees, contractors, and agents) who had substantive communications with Stonefield or its representatives during the Relevant Period, including but not limited to communications with the following Stonefield personnel:
(a) Janet Kirkwood, Vice President, Carrier Relations;
(b) Carlos Medina, Senior Vice President, Operations;
(c) Raymond Hess, Director, Contract Compliance; and
(d) any other officer, director, manager, or employee of Stonefield with whom Briarwood personnel communicated regarding the provision of transportation services, lane assignments, pricing, or the terms of the carrier relationship.
For each such Briarwood employee or agent identified, please provide the individual's full name, job title, department, and a brief description of his or her role or responsibilities in connection with the Stonefield relationship.
Request No. 10
All documents reflecting or relating to the commencement, modification, suspension, or termination of Briarwood's carrier relationship with Stonefield at any time during the Relevant Period, including but not limited to:
(a) onboarding documentation, carrier qualification packets, and safety and compliance questionnaires;
(b) certificates of insurance, endorsements, and any updates or renewals thereof;
(c) any notices of termination, suspension, or expiration of services, whether issued by Briarwood or by Stonefield;
(d) any correspondence or communications relating to the decision to commence, expand, reduce, suspend, or terminate the carrier relationship; and
(e) any documents reflecting the effective dates of the commencement and termination (if applicable) of the carrier relationship between Briarwood and Stonefield.
VIII. COMPLIANCE AND RETURN OF SERVICE INFORMATION
This subpoena is served pursuant to Federal Rule of Civil Procedure 45(b). The manner and proof of service shall be documented as follows:
Prior notice of this subpoena has been served on all parties to this action, as required by Federal Rule of Civil Procedure 45(a)(4), including counsel for Plaintiff Vantor Holdings Corp.:
Caldwell Royce & Shapiro LLP 1 Liberty Plaza, 22nd Floor New York, NY 10006 Attention: Jason Whitford, Senior Associate Telephone: (212) 820-7500 Email: jwhitford@caldwellroyce.com
Caldwell Royce & Shapiro LLP remains counsel of record for Plaintiff Vantor Holdings Corp. as of the date of this subpoena.
IX. DUTIES IN RESPONDING TO SUBPOENA — FED. R. CIV. P. 45(d) & (e) NOTICE
Briarwood Trucking Co. is advised of the following obligations and rights under Federal Rule of Civil Procedure 45:
1. Duty to Avoid Undue Burden. 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 may impose an appropriate sanction — including lost earnings and reasonable attorney's fees — on a party or attorney who fails to comply with this duty. Fed. R. Civ. P. 45(d)(1).
2. Objections. A person commanded to produce documents 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. The objection must be served before the earlier of the time specified for compliance or fourteen (14) days after the subpoena is served. Fed. R. Civ. P. 45(d)(2)(B). If an objection is made, the serving party may move the court for an order compelling production. Fed. R. Civ. P. 45(d)(2)(B)(ii).
3. Motion to Quash or Modify. 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. Fed. R. Civ. P. 45(d)(3)(A). A motion to quash or modify may be filed in the issuing court or the court for the district where compliance is required.
4. Claiming Privilege. If Briarwood withholds any document or information on the basis of a claim of privilege or protection, Briarwood must: (i) expressly assert 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. Fed. R. Civ. P. 45(e)(2)(A).
5. Costs of Compliance. Defendant Stonefield Logistics Group Inc., as the issuing party, acknowledges its obligation to bear the reasonable costs of compliance with this subpoena, including the reasonable costs of copying, scanning, and producing responsive documents and ESI. Briarwood is encouraged to communicate with Defendant's counsel regarding costs of compliance prior to commencing production.
6. Contempt. The court for the district where compliance is required may hold in contempt a person who, having been served with a subpoena, fails without adequate excuse to obey the subpoena or an order related to the subpoena. Fed. R. Civ. P. 45(g).
X. SIGNATURE
The undersigned counsel hereby certifies that this subpoena is issued in good faith and not for any improper purpose, and that the documents and information sought are relevant to the claims and defenses in the above-captioned action and proportional to the needs of the case.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Simone Laroche, Associate Calderwood & Harkness LLP 200 Park Avenue, 38th Floor New York, NY 10166 Telephone: (212) 558-4000
Email: simone.laroche@calderwoodharkness.com
Attorneys for Defendant Stonefield Logistics Group Inc.
Date: June 28, 2023
EXHIBIT A
NOTICE OF SUBPOENA TO ALL PARTIES
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
NOTICE OF SUBPOENA DUCES TECUM Pursuant to Federal Rule of Civil Procedure 45(a)(4)
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure 45(a)(4), Defendant Stonefield Logistics Group Inc., by and through its attorneys, Calderwood & Harkness LLP, has caused the attached Subpoena Duces Tecum, together with Schedule A thereto, to be served upon the following non-party:
Briarwood Trucking Co. 1280 Jefferson Davis Highway, Suite 310 Arlington, VA 22202
Attention: Custodian of Records / General Counsel
The subpoena commands Briarwood Trucking Co. to produce the documents, electronically stored information, and tangible things described in Schedule A to the subpoena on or before July 28, 2023. A true and correct copy of the subpoena and Schedule A is attached hereto as Exhibit 1.
Served upon:
Caldwell Royce & Shapiro LLP Attorneys for Plaintiff Vantor Holdings Corp. 1 Liberty Plaza, 22nd Floor New York, NY 10006
Attention: Jason Whitford, Senior Associate
Method of Service of this Notice: Via email (to jwhitford@caldwellroyce.com) and first-class United States mail, postage prepaid.
Date of Notice: June 28, 2023
CALDERWOOD & HARKNESS LLP
By: ________
Simone Laroche, Associate 200 Park Avenue, 38th Floor New York, NY 10166 Telephone: (212) 558-4000
Email: simone.laroche@calderwoodharkness.com
Attorneys for Defendant Stonefield Logistics Group Inc.
CERTIFICATE OF SERVICE
I, Simone Laroche, an attorney admitted to practice before this Court and a member of the bar of the State of New York, hereby certify that on June 28, 2023, a true and correct copy of the foregoing Subpoena Duces Tecum to Briarwood Trucking Co., including Schedule A and the Notice of Subpoena to All Parties, was served upon the following:
1. Briarwood Trucking Co.
1280 Jefferson Davis Highway, Suite 310 Arlington, VA 22202
Attention: Custodian of Records / General Counsel
Method of Service: Certified United States Mail, Return Receipt Requested, and concurrent courtesy copy via overnight delivery service (Severin Partners LLC tracking confirmation to be filed upon receipt).
2. Caldwell Royce & Shapiro LLP
Attorneys for Plaintiff Vantor Holdings Corp. 1 Liberty Plaza, 22nd Floor New York, NY 10006
Attention: Jason Whitford, Senior Associate
Method of Service: Via email to jwhitford@caldwellroyce.com and via first-class United States mail, postage prepaid.
I declare under penalty of perjury that the foregoing is true and correct.
________________________________________
Simone Laroche, Associate Calderwood & Harkness LLP 200 Park Avenue, 38th Floor New York, NY 10166 Telephone: (212) 558-4000
Email: simone.laroche@calderwoodharkness.com
Attorneys for Defendant Stonefield Logistics Group Inc.
Date: June 28, 2023
VANTOR HOLDINGS CORP.,
| <!-- indent:2 -->Plaintiff,<!-- /indent --> | Case No. 22-cv-07841 |
| v. | Hon. Margaret T. Calloway, U.S.D.J. |
STONEFIELD LOGISTICS GROUP INC.,
<!-- indent:2 -->Defendant.<!-- /indent -->
| Field | Information |
| Date of Service: | ______ |
| Manner of Service: | Personal Delivery Certified Mail, Return Receipt Requested Overnight Delivery Service Other: ______ |
| Person Served: | ______ |
| Title of Person Served: | ______ |
| Address of Service: | ______ |
| Signature of Process Server / Serving Party: | ______ |
| Printed Name: | ______ |
| Date: | ______ |