|
EXHIBIT A
<br />Instructions — This Subpoena for Production of Documents is issued pursuant to Federal Rules
<br />of Bankruptcy Procedure 2004(c) and 9016, and Federal Rule of Civil Procedure 45. Please
<br />consult the applicable Local Rules of this District, the Federal Rules of Bankruptcy Procedure,
<br />and the Federal Rules of Civil Procedure with respect to your obligations in connection herewith.
<br />Place of Production. The Documents designated in Exhibit B shall be produced at the
<br />offices of James B. Jameson & Associates, P.C., 2211 Norfolk, Suite 1150, Houston,
<br />Texas 77098, on or before January 30, 2076, or such other place and time as mutually
<br />agreed on by the parties.
<br />2. Scope of Production. You must produce the designated Documents that are under your
<br />care, custody, or control, including your constructive possession where you have a right,
<br />if any, to compel production of Documents from a third party.
<br />3. Time Frame for Production (also referred to as the "Relevant Period"). Unless
<br />otherwise specified, the Documents requested in Exhibit 13 are Documents issued, dated,
<br />received by you or covering the time period of January 1", 2013 through the present date.
<br />4. Allegations of Privilege. If you are relying on any attorney/client or attorney/work
<br />product privilege, then as to each communication or document for which such a privilege
<br />is claimed, state the following:
<br />a. the exact privilege relied on;
<br />b. the name of the attorney and the name of the client;
<br />c. the date the attorney/client relationship was established and the date it was
<br />terminated, if it has been terminated; and
<br />d. whether the matter for which the attorney was retained is specific
<br />litigation or some other matter (and state such other matter by description).
<br />Furthermore, if you are claiming a privilege, you should describe the nature of any
<br />documents, communications, or tangible things not produced and do so in a manner that,
<br />without revealing information itself privileged or protected, will enable the Trustee to
<br />assess the claim.
<br />Definitions
<br />The following definitions apply to the Document Requests set forth in Exhibit "B".
<br />Definitions applicable to words or phrases in their singular form apply to those same
<br />words or phrases used in their plural form. To the extent a term is not expressly defined
<br />herein, such term shall have the meaning set forth in 11 U.S.C. § 101.
<br />1. "all" means any and all.
<br />2. "and" means and/or.
<br />3. "any" means any and all.
<br />4. "Bankruptcy Case" means the Chapter 11 bankruptcy case styled In re Red Arrow
<br />Gold Corporation, Inc., Case No. 15-18720-TBM, pending before the United States
<br />Bankruptcy Court for the District of Colorado.
<br />5. "communication" means any transfer of information or language between or among
<br />two or more persons or entities, whether written, oral, or any other means.
<br />6. "copy" means true and correct unaltered copies of original documents.
<br />7. "Debtor" means Red Arrow Gold Corporation, Inc., including any of its directors,
<br />officers, shareholders, employees, agents, representatives, and assigns.
<br />8. "Debtor Affiliate" means: (A) any entity that directly or indirectly owns, controls, or
<br />holds with power to vote, 20 percent or more of the outstanding securities of the
<br />Debtor, (B) any entity 20 percent or more of whose outstanding securities are directly
<br />or indirectly owned, controlled, or held by the Debtor, or by an entity that directly or
<br />indirectly owns, controls, or holds 20 percent or more of the outstanding voting
<br />securities of the Debtor. (C) any person or entity whose business is operated under a
<br />lease or operating agreement by the Debtor, or person or entity substantially all of
<br />whose property is operated under an operating agreement with the Debtor, and (D)
<br />any person or entity that operates the business or substantially all of the property of
<br />the Debtor. The teen "Affiliate" includes, without limitation, (i) any director of the
<br />Debtor; (ii) any officer of the Debtor; (iii) any person in control of the Debtor; (iv)
<br />any partnership in which the Debtor is a general partner; (v) any general partner of
<br />the Debtor; and (vi) any relative of a general partner, director, officer, or person in
<br />control of the Debtor.
<br />9. "document" means any medium on which information is or can be recorded,
<br />including but not limited to papers, books, letters, electronic mail, notes, logs,
<br />manuals, diaries, calendars, appointment schedules, correspondence, telegrams,
<br />cables, telex messages, text messages, instant messages, memoranda, notebooks,
<br />minutes, ledgers, worksheets, journals, canceled checks, reports, summaries,
<br />photographs, maps, computer printouts, computer hard drives, computer files,
<br />embedded or removable memory devices, audio recordings, video tapes, inventory
<br />lists, transcripts, mechanical means of voice reproduction or any notes, summaries or
<br />excerpts prepared from any of the foregoing, or any other form of electronically,
<br />optically, or magnetically stored information. Where copies of the same document are
<br />dissimilar in any respect, both copies of documents are included in this definition.
<br />The term "document" also includes copies when originals are not in the possession,
<br />custody, or control of you as well as copies bearing notations or containing
<br />information in addition to that contained in the original.
<br />
|