1. UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
SUBPOENA IN A CASE UNDER
THE BANKRUPTCY CODE
In re:
Case No. 12-11893 (CSS)
Cordillera Golf Club, LLC, (Bankr. D. Del.)
dba The Club at Cordillera, Chapter 11
Debtor.
To: John L. Emmerling
c/o Vincent J. Marriott III, Esq.
Ballard Spahr LLP
1735 Market Street, 5l't Floor
Philadelphia, Pennsylvania 19103-7599
0 YOU ARE COMMANDED to appear in the United States Bankruptcy Court at the place, date, and time specified below
to testify in the above case.
PLACE OF TESTIMONY
I COURTROOM
DATE AND TIME
~ YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case.
PLACE OF DEPOSITION: Ballard Spahr LLP DATE AND TIME
1225 17th Street, Suite 2300 July 18, 2012, at 9:00 a.m. (MT)
Denver, CO 80202-5596
[gl YOU ARE COMMANDED to produce and permit inspection and copying of the documents listed on the
attached Schedule of Requested Documents at the place, date, and time specified below by electronic medium and
transmission, overnight courier, or such other methods as the parties may direct.
PLACE: Young Conaway Stargatt & Taylor, LLP
Rodney Square DATE AND TIME
1000 North King Street July 16, 2012, at 5:00 p.m. (ET)
Wilmington, DE 19801
Attn: Travis G. Buchanan
YOU ARE COMMANDED to produce and permit inspection of the following premises at the date and time specified below.
PREMISES DATE AND TIME
Date: July 9, 2012
Issuing Officer's Name, Address, and Phone Number
Travis G. Buchanan
Young Conaway Stargatt & Taylor, LLP, Rodney Square, 1000 N. King Street, Wilmington, DE, 19801
(302) 571-5024
(See Rule 45, Federal Rules of Civil Procedure Parts C & D on Reverse)
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2. PROOF OF SERVICE
DATE PLACE
July 9, 2012
SERVED Served electronically by agreement of
Ballard Spahr LLP
and to Ballard Spahr LLP
1735 Market Street, 51 ' 1 Floor
Philadelphia, Pennsylvania 19103-7599
SERVED ON (PRINT NAME) MANNER OF SERVICE
Vincent J. Marriott III E-mail to marriott@ballardspahr.com as agreed to by
Ballard Spahr LLP and via Federal Express
SERVED BY (PRINT NAME) TITLE
Travis G. Buchanan Counsel for the Debtor
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing
information contained in the Proof of Service is true and correct.
~
Executed on lj
v
DAT
J l, z._c. ( 2._
Young Conaway Stargatt & Taylor, LLP
Rodney Square, 1000 N. King Street,
Wilmington, DE 19801
ADDRESS OF SERVER
(c) Protecting a Person Subject to a Subpoena.
(1) Avoiding Undue Burden or Expense; Sanctions. A part or attorney responsible for issues and serving a subpoena must
take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court 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 object 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 issuing court 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 issuing court must quash or modify a subpoena that-
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that
person resides, is employed, or regularly transacts business in person- except that, subject to Rule
45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the
state where the trial is held;
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
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4. IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
Cordillera Golf Club, LLC,1 Case No. 12-11893 (CSS)
dba The Club at Cordillera,
Debtor.
SCHEDULE OF REQUESTED DOCUMENTS DIRECTED TO
JOHN L. EMMERLING AT TROPHY PROPERTY COMPANY, INC.
DEFINITIONS
As used in these Document Requests, the meanings ascribed to the following
terms are to be interpreted in accordance with the below definitions. Undefined terms shall have
the meanings ascribed to them in the Debtor’s Motion (as defined below) or in the Declaration of
Daniel L. Fitchett, Jr. in Support of the Chapter 11 Petition and First Day Relief (the “Fitchett
Declaration”) filed on June 26, 2012 [Docket No. 2].
A. The term “Alpine Prepetition Collateral” shall have the meaning ascribed
to it in the Motion and includes, without limitation, the Real Property and the Personal Property.
B. The terms “and” and “or” shall be construed either disjunctively or
conjunctively, as necessary, to bring within the scope of these Requests any information that
might otherwise be construed to be outside its scope.
C. The term “Appraisal” shall mean and refer to the appraisal prepared by
John L. Emmerling, President, Trophy Property Company, Inc., 2224 S. Queen St., Lakewood,
Colorado 80227, regarding the Debtor’s Real Property, Personal Property, and/or the Alpine
Prepetition Collateral.
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The Debtor in this chapter 11 case, and the last four digits of its employer tax identification number, is: XX-
XXX1317. The corporate headquarters address for the Debtor is 97 Main Street, Suite E202, Edwards, CO 81632.
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5. D. The term "Bankruptcy Case" shall mean and refer to In re Cordillera Golf
Club, LLC, .dba The Club at Cordillera, Case No. 12-11893 (CSS) in the United States
Bankruptcy Court for the District of Delaware.
E. The term "Bankruptcy Code" shall mean Title 11, United States Code, 11
U.S.C. §§ 101 et. seq., as in effect on the Petition Date as amended.
F. The term "Bankruptcy Court" shall mean the United States Bankruptcy
Court for the District of Delaware.
G. The term "Communication" shall mean any oral or written statement or
exchange of words, thoughts or ideas, conveyed or made by one person or entity to another
person or entity in person, by telephone, letter, telex or by another process, electric, electronic or
otherwise, or any documents delivered by one person or entity to another person or entity.
H. The term "Debtor" shall mean and refer to Cordillera Golf Club, LLC, dba
The Club at Cordillera, which has filed a voluntary petition for bankruptcy relief under Chapter
11 in this Bankruptcy Case.
I. The term "Documents" shall have the full meaning stated in Fed. R. Civ.
P. 34(a), including, but not limited to the original and any non-conforming copies of any and all
writings, drawings, graphs, charts, photographs, phone records, computer records, other data
compilations from which information can be obtained or translated, and visual or otherwise
recorded matter of any kind or nature, however produced or reproduced, including non-identical
copies, whether different from the original by reason of any notation made on such copies or
otherwise, including preliminary, intermediate or final drafts, writings, drawings, or recordings
of every kind and description, whether inscribed by hand or by mechanical, electronic,
microfilm, photographic or other means, as well as audio or visual reproduction of all statements,
conversations or events, including but not limited to: agreements, appointment books or diaries,
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6. bids, calendars, checks, contracts, correspondence, statements, telegrams, telexes, receipts,
accounting records, including ledgers, vouchers, and books of account, computer records,
drawings and charts, including additions and revisions, estimates, evaluations, financial
statements and records, instructions, inter- and intra-office communications, invoices, logs or
memoranda of any kind, minutes of all meetings, notes of all kinds, questionnaires and surveys,
schedules, statistical records, reports, analyses or studies of any kind, tape recordings, including
any form of recording of any telephone or other conversations, interviews, conferences, or
meetings. A reference herein to any one or more of these types of documents shall be construed
to include all other types of documents without limitation.
1. The term "Hearing" shall mean the hearing in connection with the Motion
which is currently scheduled for July 19, 2012 at 2:00p.m. (ET).
K. The term "identify" shall mean:
1. When used in reference to a natural person, to state (i) his or her
full name, (ii) present or last known home and business addresses,
(iii) present or last known home and business telephone numbers,
and (iv) present or last known employer and job title.
2. When used in reference to a business concern, to state (i) the full
name of the business, (ii) its last known address and main
telephone number, (iii) the nature of such business concern, and
(iv) the name of its chief executive officer.
3. When used in reference to a document, to state (i) the name or title
of the document, (ii) its date, (iii) its author(s), (iv) its recipient(s)
or the person(s) for whom it was prepared, (v) the type of
document (e.g., letter, agreement, plan, memorandum, chart, email,
etc.), (vi) its present location or custodian, (vii) a summary of its
contents, including the specific provisions of such document that
you relied on for any of your objections and contentions, and (viii)
any other information necessary to render the document
distinguishable from all others and subject to ready location. In
lieu of identifying a document, a copy of the document may be
supplied.
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7. 4. When used in reference to a communication or action, to state (i)
the persons present when the communication or act occurred, (ii)
the date and location of such communication or act, (iii) the
substance of such communication or act, and (iv) all documents
that record, refer to or otherwise concern such communication or
act.
L. The term "Motion" shall mean the Emergency Motion for Entry of Interim
and Final Orders Pursuant to 11 US. C.§§ 105, 361, 362, 363(c), 364(c), 364(d), and 364(e)
and Fed. R. Bankr. P. 2002, 4001 and 9014 (I) Authorizing Debtor to Obtain Post-Petition
Secured Financing, (II) Granting Security Interests and Superpriority Administrative Expense
Claims, (III) Granting Adequate Protection to Pre-Petition Secured Parties, (IV) Authorizing the
Use of Cash Collateral as Provided Herein, and (V) Scheduling a Final Hearing, filed in the
Bankruptcy Case by the Debtor on July 2, 2012, and entered at Docket No. 59.
M. The term "person" shall mean any individual, corporation, proprietorship,
partnership, trust, association, or other entity.
N. The term "Personal Property" shall have the meaning ascribed to it in the
Motion.
0. The term "property" shall mean all owned, hereinafter acquired or existing
property of the Debtor's estate of any kind or nature, real or personal, tangible or intangible,
including, without limitation, all of the Debtor's present and future accounts; instruments;
investment property; contract rights; chattel paper; documents; general intangibles, including,
without limitation, intellectual property; inventory; equipment; deposit accounts; motor vehicles;
licenses; and real property and fixtures; and the products and proceeds thereof.
P. The terms "pertain to," "pertaining to," or "regarding" means relates to,
refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, comprises,
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01:12266722.4
8. comprising, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes,
rebuts, controverts or contradicts.
Q. The "Petition Date" shall mean June 26, 2012, the date the Debtor filed its
Bankruptcy Case.
R. The term "Real Property" shall have the meaning ascribed to it by that
Deed of Trust dated June 26, 2009, and recorded in the Eagle County Record's Office on June
29, 2009, as Document No. 200912623.
S. The terms "relate to," "relating to" or "relates to," shall mean consist of,
referred to, reflect or be in any way logically or factually connected with the matter discussed.
T. The terms "You," "Your," and "Alpine Bank" shall include Alpine Bank,
its attorneys, agents, and employees, and all persons or entities acting or purporting to act on its
behalf and/or under its direction or control.
INSTRUCTIONS
A. The preceding definitions apply to these instructions and each of the
Document Requests.
B. Where knowledge or information in possession of parties is requested,
such request includes knowledge of the party's agents, representatives, accountants, advisors and
unless privileged, his or her attorneys.
C. Where Documents are requested, such request includes Documents in
possession or control of the party's agents, representatives, accountants, advisors and unless
privileged, his or her attorneys.
D. If no Documents responsive to a request exist, you should so state in
response to such request.
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9. E. If a Document is responsive to a Document Request and is in Your
control, but is not in Your possession or custody, state the full name, present (or last known)
address and telephone number of: (a) the person with current possession or custody of such
Document; and (b) each person that has had possession or custody of such document (including
the dates, or approximate dates) of such possession or custody.
F. If a Document is responsive to a Document Request and was, but is no
longer, in Your possession, custody or control, state what disposition was made of it, by whom,
the date(s), or approximate date(s), on which such disposition was made, and why.
G. If a Document Request, or any part thereof, asks for information which
could have at one time been supplied by consulting documents which are no longer in existence
because they were destroyed, then in answer to such request or part thereof, for each such
Document:
1. identifY the Document;
11. state the time period during which it was maintained;
111. state the circumstance Uflder which it ceased to exist, and the date thereof;
IV. identity each person having knowledge of the circumstances described in
response to subsection (iii) above; and
v. identity each person who has possession, custody or control of the
Document, or to whom it was available or who had knowledge of the
Document and/or the contents thereof.
H. If the answer to a Document Request is based upon information and belief,
set forth the sources of the information and the grounds of the belief.
I. If You cannot fully answer any interrogatory or part thereof after
exercising due diligence to secure the information needed to do so, state an answer to the extent
possible, specifying the reasons not subject to a claim of privilege for Your inability to answer
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10. the remainder and stating whatever information or knowledge You have concerning the
unanswered portions.
J. In the event You are able to produce only some ofthe writings called for
in a particular request, please produce all writings You are able to produce.
K. To the extent that any of the following Document Requests calls for what
You believe to be information subject to a claim of privilege, answer so much of each Document
Request, and each part thereof as does not request, in Your view, privileged information and with
respect to each document or communication or portion thereof that the respondent does not
produce or divulge based upon a claim of privilege or for any other reason, prepare a privilege
log which states the following: (a) the name and address of the originator or sender ofthe
document or communication; (b) the name and address of the author of the document or
communication; (c) the name, and address of each person or entity to whom the document was
directed or addressed; (d) the name and address of each person or entity to whom a copy of the
document was directed or sent; (e) the name and address of each person or entity who has seen
the document, any copy of the document, participated in communications about the document, or
participated in the communication; (f) the job title of each person listed in items (a) through (e)
above; (g) the date of the document or communication; (h) the length of the document or
communication; (i) whether the document or communication contained any attachments, exhibits
or appendices; G) a general description of the nature and subject matter of the document or
communication; (k) the present custodian of the document or communication; (1) the date that the
document, or a copy thereof, was received by each person or entity having possession of the
document or a copy thereof; and (m) the reason the document or communication was not
produced.
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11. L. Whenever a Document Request is framed in the conjunctive, it shall also
be taken in the disjunctive and vice versa. Whenever a Document Request is framed in the
singular, it shall also be taken in the plural, and vice versa. The use of any tense of any verb
shall be considered also to include within its meaning all other tenses of the verb so used.
M. Documents attached to each other should not be separated. Documents
that are located in files, folders, binders and the like must be produced in a manner that enables
the Debtor to determine which particular pages were contained in a given file, folder or binder.
The labels of any files, folders or binders that contain responsive Documents must also be
copied.
N. All electronic documents should be produced as TIFFs with load files
including all standard metadata information associated with the document (including searchable
text when available) or in PDF-searchable format, except that the Debtor requests that electronic
documents be produced in a native format where the native format includes relevant information
not available with a TIFF or PDF file or where a TIFF of PDF file is relatively cumbersome to
view. For example, Excel spreadsheets often contain important information, such as formulas,
that are unviewable in a TIFF format. As another example, relevant audio, video, or executable
files would not be viewable in TIFF format.
0. For each TIFF file provided the following instructions shall apply:
1. TIFFs. Single-page Group IV TIFFs should be provided, at least 300 dpi.
Include a Concordance image load file for Opticon.
11. Text Files. For each document, a text file should be provided along with
the TIFF. The text of native files should be extracted directly from the
native file.
111. Unique IDs. Each image should have a unique file name - bates number.
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12. IV. Metadata Fields. The following metadata should be provided if they exist:
1. Begin Bates, End Bates
2. Begin Attachment, End Attachment (Used to determine Parent-
child relationships (the association between an attachment and its
parent document))
3. Date Sent, Date Created, Date Modified (maintained in GMT)
4. Document type (i.e. Email, Word, Excel) and Page Count
5. Author, To, From, Copy, BCC
6. Custodian or source of documents
P. If there are tape or voice recordings that are responsive to any request,
then You must produce the tape itself (or an accurate copy thereof) and any existing
transcriptions thereof. Production of a transcription alone will not be considered sufficient.
Q. If You object to any part of any specific Document Request, You shall
state fully the nature of the objection. Notwithstanding any objections, You must comply fully
with the other parts of the Document Request not objected to.
R. Some of the specific Document Requests may call for a category of
Documents "including, but not limited to" a designated subcategory of Documents. The
specified subcategory shall not be construed to restrict the generality of such Document Request.
You must produce all Documents responsive to the general category identified in the Document
Request, even if You think that the subcategory does not fall within the scope of the general
category. And You must produce all Documents responsive to the identified subcategories, even
if You think that they do not fall within the scope ofthe general category.
S. Unless otherwise indicated by the language of a particular Document
Request, each Document Request refers to and includes the time period from January 1, 2008
through the date of the Hearing.
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13. T. These Document Requests are continuing so as to require immediate
supplemental answers and responses if you or your attorney or other representatives obtain
further information or responsive documents between the time your answers and responses
hereto are served and the time of the Hearing.
DOCUMENTS REQUESTED
Please produce the following:
1. Identify and produce the Appraisal(s) or any other evaluation(s) or
opinion(s) you prepared for or on behalf of Alpine Bank regarding the value of the Debtor's Real
Property, Personal Property, and/or the Alpine Prepetition Collateral.
2. Identify and produce any and all documents and communications relating
to or pertaining to the Appraisal(s) or any other evaluation(s) or opinion(s) regarding the value of
the Debtor's Real Property, Personal Property, and/or the Alpine Prepetition Collateral,
including, but not limited to, documents supporting the Appraisal(s), evaluation(s), or opinion(s)
and the conclusions contained therein.
3. Identify and produce any and all documents reviewed, relied on, or used to
prepare the Appraisal(s) related to the Debtor's Real Property, Personal Property, and/or the
Alpine Prepetition Collateral.
4. Identify and produce any and all documents and communications provided
to you by Alpine Bank related to or pertaining the Appraisal(s), evaluation(s), or opinion(s).
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