New Era Publications v Henry Holt and Co. Notice (June 30, 1988)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

NEW ERA PUBLICATIONS INTERNATIONAL, :
ApS, a corporation of Denmark,
Plaintiff,

-against-

HENRY HOLT and COMPANY, INC.,
A New York Corporation,
Defendant.

Civil Action No. 88 Civ. 3126 (PNL)

NOTICE TO TAKE DEPOSITION OF THE MILITARY RECORDS

SIR/MADAM:

PLEASE TAKE NOTICE that pursuant to Rules 30 and 45 of the Federal Rules of Civil Procedure (“FRCP”), the undersigned will take the deposition of the National Personnel Records Center (Military Records), 9700 Page Boulevard, St. Louis, Missouri 63132, Attention: Department of the Navy (referred to as the “Military Records Center”) through its Custodian of Records on July 6, 1988 at 12:00 noon at the offices of Schroeder Reporting, 818 Olive Street, St. Louis, Missouri 63101 before a notary public. The deposition will be continued from day to day until completed.

The Military Records Center shall make available for deposition at the above time and location the Custodian of Records of the Military Records Center concerning the  documents set forth in plaintiff’s document request in the paragraph below.

PLEASE TAKE FURTHER NOTICE that pursuant to Rules 30 and 45 of the FRCP, the undersigned requests production at the deposition of the following documents: the Freedom of Information Act request of Russell Miller dated on or about December 5, 1985 and any response and/or documents sent to Mr. Miller and all correspondence and documents relating to the request.

[Handwritten: The pertinent file would be the records of Lafayette Ronald Hubbard, who served in the Navy during WWII.]

Dated: New York, New York
June 30, 1988

LUBELL AND LUBELL
220 Fifth Avenue
New York, New York 10001
(212) 683-5000

Michael Lee Hertzberg
275 Madison Avenue
New York, New York 10016
(212) 679-1167

Michael C. Elmer
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER
1775 K Street, N.W.
Washington, D.C. 20006
(202) 293-6850

Attorneys for Plaintiff
New Era Publications ApS

TO: Robert Callagy, Esq.
Satterlee, Stevens, Burke & Burke
230 Park Avenue
New York, New York 10169

Mallory Rintoul, Esq.
General Counsel
Henry Holt and Company, Inc.
115 W. 18th Street
New York, New York 10011

Attorneys for Defendant
Henry Holt and Company, Inc.

AFFIDAVIT OF PERSONAL SERVICE
STATE OF NEW YORK )
COUNTY OF NEW YORK )

CHARLES LAVIN, being duly sworn, deposes and says: Deponent is not a party to this action, is over 18 years of age and resides at New York, New York.

On the 30th day of June, 1988, deponent served the within Notice to Take Deposition of Military Records Center by its Custodian of Records on Robert Callagy, Esq., Satterlee, Stevens, Burke & Burke, the attorneys for defendant in this action by delivering a true copy to them personally at 230  Park Avenue, New York, New York 10169. Deponent knew the law firm so served to be the attorneys for the defendant.

CHARLES LAVIN
Sworn to before me this
30th day of June, 1988.

Notary Public

NAN C. BASES
Notary Public, State of New York