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67696/0001-51773045v1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re:
)
Chapter 11
)
VYAIRE MEDICAL, INC., et al.,1
)
Case No. 24-11217 (BLS)
)
Debtors.
)
(Jointly Administered)
)
AMENDED NOTICE OF INTENT TO SERVE SUBPOENA
DUCES TECUM DIRECTED TO JONES LANG LASALLE BROKERAGE, INC.
PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil
Procedure, as made applicable by Rules 7034 and 9016 of the Federal Rules of Bankruptcy
Procedure, notice is hereby given that the Plan Administrator for Vyaire Medical, Inc., by and
through its counsel of record, intend to serve the subpoena attached hereto as Exhibit A on Jones
Lang LaSalle Brokerage, Inc.
[Remainder of Page Intentionally Left Blank]
1
The chapter 11 case is now being administered by the Plan Administrator pursuant to the terms of the Findings
of Fact, Conclusions of Law, and Order Approving the Debtors’ Disclosure Statement for, and Confirming the
Second Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor Affiliates Pursuant to Chapter
11 of the Bankruptcy Code [Docket No. 745]. The Plan Administrator’s mailing address is Vyaire Medical,
Inc., Attn: David M. Barse, Plan Administrator, c/o Cole Schotz P.C., 500 Delaware Avenue, Suite 600,
Wilmington, DE 19801.
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 1 of 11
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67696/0001-51773045v1
Dated: November 10, 2025
/s/ Patrick J. Reilley
Wilmington, Delaware
COLE SCHOTZ P.C.
Patrick J. Reilley (No. 4451)
Stacy L. Newman (No. 5044)
Melissa M. Hartlipp (No. 7063)
500 Delaware Avenue, Suite 600
Wilmington, Delaware 19801
Telephone:
(302) 652-3131
Facsimile:
(302) 652-3117
Email:
preilley@coleschotz.com
snewman@coleschotz.com
mhartlipp@coleschotz.com
- and -
Michael D. Sirota, Esq. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice)
Matteo Percontino, Esq. (admitted pro hac vice)
Court Plaza North, 25 Main Street
Hackensack, New Jersey 07601
Telephone:
(201) 489-3000
Facsimile:
(201) 489-1536
Email:
msirota@coleschotz.com
wusatine@coleschotz.com
mpercontino@coleschotz.com
Counsel to the Plan Administrator
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 2 of 11
67696/0001-51773045v1
EXHIBIT A
Jones Lang LaSalle Brokerage, Inc. Subpoena
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 3 of 11
B2570 (Form 2570 – Subpoena to Produce Documents, Information, or Objects or To Permit Inspection in a Bankruptcy Case or Adversary Proceeding) (12/15)
UNITED STATES BANKRUPTCY COURT
_________________________________________ District of _________________________________________
In re __________________________________________
Debtor
(Complete if issued in an adversary proceeding)
_________________________________________
Plaintiff
v.
__________________________________________
Defendant
Case No. _____________________
Chapter ___________
Adv. Proc. No. ________________
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT
INSPECTION OF PREMISES IN A BANKRUPTCY CASE (OR ADVERSARY PROCEEDING)
(Name of person to whom the subpoena is directed)
Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
material:
DATE AND TIME
Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
PLACE
DATE AND TIME
The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 9016, are
attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the potential consequences of not
doing so.
CLERK OF COURT
________________________
Signature of Clerk or Deputy Clerk
OR
Attorney’s signature
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things, or the
inspection of premises before trial, a notice and a copy of this subpoena must be served on each party before it is served on
the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
VYAIRE MEDICAL, INC.
Delaware
24-11217 (BLS)
11
To: _Jones Lang LaSalle Brokerage, Inc., 200 E. Randolph Street, Floor 44, Chicago, IL 60601________________
__
X
PLACE Cole Schotz P.C.
500 Delaware Ave, Suite 600
Wilmington, DE 19801
December 12, 2025 at 5:00 p.m.
11/10/2025
Date: _____________
____ /s/ Patrick J. Reilley
The name, address, email address, and telephone number of the attorney representing (name of party) Plan Administrator for
Vyaire Medical, Inc., who issues or requests this subpoena, are:
Patrick J. Reilley, 500 Delaware Ave, Suite 600, Wilmington, DE 19801, preilley@coleschotz.com, 302-651-2004
See attached Schedule A
AMENDED
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 4 of 11
B2570 (Form 2570 – Subpoena to Produce Documents, Information, or Objects or To Permit Inspection in a Bankruptcy Case or Adversary Proceeding) (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I received this subpoena for (name of individual and title, if any): ______________________________________________
on (date) __________ .
I served the subpoena by delivering a copy to the named person as follows: ____________________________________
___________________________________________________________________________________________________
__________________________________ on (date) ___________________ ; or
I returned the subpoena unexecuted because: ____________________________________________________________
___________________________________________________________________________________________________
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the
witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $ _______________________ .
My fees are $ _________ for travel and $_________ for services, for a total of $_________ .
I declare under penalty of perjury that this information is true and correct.
Date: _______________
________________________________________________
Server’s signature
________________________________________________
Printed name and title
________________________________________________
Server’s address
Additional information concerning attempted service, etc.:
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 5 of 11
B2570 (Form 2570 – Subpoena to Produce Documents, Information, or Objects or To Permit Inspection in a Bankruptcy Case or Adversary Proceeding) (Page 3)
Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13)
(made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)
(c) Place of compliance.
(1) For a Trial, Hearing, or Deposition. A subpoena may command a
person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or
regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly
transacts business in person, if the person
(i) is a party or a party’s officer; or
(ii) is commanded to attend a trial and would not incur substantial
expense.
(2) For Other Discovery. A subpoena may command:
(A) production of documents, or electronically stored information, or
things at a place within 100 miles of where the person resides, is employed,
or regularly transacts business in person; and
(B) inspection of premises, at the premises to be inspected.
(d) Protecting a Person Subject to a Subpoena; Enforcement.
(1) Avoiding Undue Burden or Expense; Sanctions. 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 for the district where compliance is
required 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 objection 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 court for the district where compliance is required 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 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.
(B) When Permitted. To protect a person subject to or affected by a
subpoena, the court for the district where compliance is required may, on
motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commercial information; or
(ii) disclosing an unretained expert's opinion or information that does
not describe specific occurrences in dispute and results from the expert's
study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(d)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under specified
conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot
be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably
compensated.
(e) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information. These
procedures apply to producing documents or electronically stored
information:
(A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary course of
business or must organize and label them to correspond to the categories in
the demand.
(B) Form for Producing Electronically Stored Information Not
Specified. If a subpoena does not specify a form for producing
electronically stored information, the person responding must produce it in
a form or forms in which it is ordinarily maintained or in a reasonably
usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The
person responding need not produce the same electronically stored
information in more than one form.
(D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored information
from sources that the person identifies as not reasonably accessible because
of undue burden or cost. On motion to compel discovery or for a protective
order, the person responding must show that the information is not
reasonably accessible because of undue burden or cost. If that showing is
made, the court may nonetheless order discovery from such sources if the
requesting party shows good cause, considering the limitations of Rule
26(b)(2)(C). The court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed
information under a claim that it is privileged or subject to protection as
trial-preparation material must:
(i) expressly make 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.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as trial-
preparation material, the person making the claim may notify any party that
received the information of the claim and the basis for it. After being
notified, a party must promptly return, sequester, or destroy the specified
information and any copies it has; must not use or disclose the information
until the claim is resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being notified; and may
promptly present the information under seal to the court for the district
where compliance is required for a determination of the claim. The person
who produced the information must preserve the information until the claim
is resolved.
…
(g) Contempt. The court for the district where compliance is required – and
also, after a motion is transferred, the issuing court – may hold in contempt
a person who, having been served, fails without adequate excuse to obey
the subpoena or an order related to it.
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013)
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 6 of 11
SCHEDULE A
DEFINITIONS
For the purposes of these Document Requests, the following definitions apply:
1.
“510 Technology Drive” shall mean that portion of the Premises located at 510
Technology Drive, Irvine, CA.
2.
“520 Technology Drive” shall mean that portion of the Premises located at 520
Technology Drive, Irvine, CA.
3.
“Bankruptcy Case” shall mean the above captioned bankruptcy case pending in the
United States Bankruptcy Court for the District of Delaware, bearing case no. 24-11217 (BLS).
4.
“Bankruptcy Code” shall mean Title 11 of the United States Code.
5.
“Communication” shall mean any transmission of information by oral, graphic,
written, pictorial or other perceptible means, including but not limited to, telephone conversations,
letters, documents, memoranda, notes, telegrams, facsimile, transmissions, electronic mail,
meetings and personal conversations.
6.
“Concerning” shall mean relating to, referring to, describing, evidencing,
reflecting, regarding, constituting, discussing, mentioning, noting, memorializing, analyzing,
commenting upon, evaluating, having any connection with or having a tendency to prove or
disprove.
7.
“Court” shall mean the United States Bankruptcy Court for the District of
Delaware.
8.
“Debtors” shall mean, collectively, Vyaire Medical Inc. and its debtor affiliates in
the Bankruptcy Case.
9.
“Document” shall be synonymous in meaning and equal in scope to the use of this
term in Federal Rule 34(a), or meeting the definition of “writings and recordings” set forth in Rule
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 7 of 11
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1001 of the Federal Rules of Evidence, and shall include therefore, without limitation, any
recording of information in whatever form, including but not limited to memoranda,
correspondence, e-mails, personal notes, spreadsheets, databases, work papers, telephone logs, text
messages, calendars, plan books, diaries, journals and daily records of activity, drawings, graphs,
charts, maps, photographs, video or audio recordings and other data compilations from which
information can be obtained or translated (with or without the use of detection devices), including
electronic files, records and archives. Document includes not only originals but also any copies
or reproductions of all such written, printed, typed, recorded or graphic matter upon which any
notations, comments or markings of any kind have been made that do not appear on the original
documents or that are otherwise not identical to the original documents. Any document with marks
such as initials, comments or notations of any kind is not deemed to be identical to one without
such marks and is to be produced as a separate document. For purposes of these Document
Requests, a document that is a copy of another document is intended to be separately requested if
the copy differs in any way by virtue of any changes, additions, redactions, annotations or
recipients.
10.
“Including” shall mean including but not limited to.
11.
“Objection” shall mean the Plan Administrator’s Omnibus Objection to (I) Proof
of Claim No. 132 Filed by Quad DBC Holdings LLC and (II) Quad DBC Holdings LLC Motion
for Allowance of Administrative Expense Claim [Docket No. 1056]
12.
“Person” shall mean any natural person or legal entity, including without limitation,
any business or governmental entity or association.
13.
“Premises” shall have the meaning set forth in the Lease.
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 8 of 11
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14.
“Quad DBC” shall mean Quad DBC Holdings LLC and/or its affiliates,
subsidiaries, or related persons or entities.
15.
“Relating” shall mean consisting of, referring to, pertaining to, reflecting,
evidencing or in any way logically or factually connected with the matter discussed.
16.
“Representative” of a Person shall mean any officer, director, partner, agent,
employee, broker, advisor or attorney of such Person.
17.
“Vyaire” shall mean Vyaire Medical Inc.
18.
“You” or “Your” shall mean Jones Lang LaSalle Incorporated and any of its
assigns, affiliates, Representatives and other Persons acting or purporting to act for or on their
behalf.
19.
Any other term used but not otherwise defined herein shall have the meaning given
such term by the Bankruptcy Code, the Bankruptcy Rules, the Federal Rules or common usage
unless otherwise required by the context.
INSTRUCTIONS
The following instructions apply to these Document Requests:
(i)
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 the context.
(ii)
The connectives “and” and “or” shall be construed disjunctively or
conjunctively as necessary to bring within the scope of the Request all Documents that might
otherwise be construed to be outside of its scope.
(iii)
The terms “any,” “all” and “each” shall be construed as necessary
to bring within the scope of each Request all Documents that might otherwise be construed as
outside of its scope.
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 9 of 11
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(iv)
Each Request seeks production of each Document in its entirety,
without abbreviation or redaction, and all drafts and non-identical copies of each Document.
(v)
If a Document is withheld under claim of privilege, at the time of
production, You shall (a) state with specificity the claim of privilege or other reason used to
withhold the information or Document and (b) identify all information or Documents by date and
subject matter, without disclosing their contents, in a manner sufficient to allow them to be
described to the Court for ruling on the privilege or other reason asserted. You shall also provide
all requested Documents that are not subject to a claim of privilege or other reason for non-
production by exercising or otherwise protecting the portions for which a privilege is asserted, if
such a technique does not result in disclosing the contents of the portions for which some privilege
is asserted.
(vi)
If any Document called for was formerly in Your possession,
custody or control and has been destroyed, discarded or otherwise disposed of, You shall furnish
a list setting forth, as to each Document or part thereof, the following information: (i) the nature
of the Document (e.g., letter, memorandum, e-mail, etc.); (ii) the name, address, occupation, title
and business affiliation of each person who prepared, received, viewed and has or had possession,
custody or control of the Document; (iii) the date of the Document; (iv) a description of the subject
matter of the Document; (v) the date of destruction or other disposition; (vi) a statement of the
reasons for destruction or other disposition; (vii) the name, address, occupation, title and business
affiliation of each person who authorized destruction or other disposition; (viii) the name, address,
occupation, title and business affiliation of each person who destroyed or disposed of the
Document; and (ix) the paragraph(s) or subparagraph(s) of the Requests that call for the production
of the Document.
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 10 of 11
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(vii)
Except as otherwise noted, these Requests cover all Documents in
Your possession, custody or control, including any Documents in Your constructive possession
whereby You have the right to compel production of Documents from a third party as well as
Documents maintained at such third party’s present or former offices, its attorneys’ offices or
elsewhere.
(viii)
In making production, You shall produce all Documents as kept in
the normal course of business and identify the file from which each Document was taken or
organize and label the Documents to correspond with the categories in these Requests.
(ix)
In producing electronically stored information, You shall produce
those items in accordance with the attached “Document Production Requirements.”
(x)
Each Request herein should be construed independently and not
with reference to any other Request for the purpose of limitation.
(xi)
These Requests are continuing and You shall promptly produce
supplemental Documents as they become known.
(xii)
Unless otherwise specified, these Requests cover all Documents and
Communications prepared, written, generated, sent, dated or received at any time.
REQUESTS FOR PRODUCTION OF DOCUMENTS
1.
All Documents and Communications concerning or relating to any potential tenants
and/or subtenants in connection with 510 Technology Drive between 2023 and 2024.
2.
All Documents and Communications concerning or relating to possible tenants
and/or subtenants in relation to 520 Technology Drive between 2023 and 2024.
3.
All Documents and Communications concerning or relating to 510 Technology
Drive or 520 Technology Drive.
Case 24-11217-BLS Doc 1139 Filed 11/10/25 Page 11 of 11