Vyaire - Sachin Murthy - Notice of Intent to Serve Subpoena Duces Tecum to Produce Documents
- Date
- 2025-11-10
Summary
A Notice of Intent to Serve Subpoena Duces Tecum directed to Sachin Murthy, filed November 10, 2025 as Doc 1138 in Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), a jointly administered Chapter 11 case in the United States Bankruptcy Court for the District of Delaware. The notice states that the Plan Administrator for Vyaire Medical, Inc., through counsel, intends to serve the attached subpoena under Rule 45 of the Federal Rules of Civil Procedure, as made applicable by Rules 7034 and 9016 of the Federal Rules of Bankruptcy Procedure. Exhibit A is the subpoena on Form 2570, commanding production of documents at Cole Schotz P.C. by November 24, 2025 at 5:00 p.m. A Schedule A sets out definitions and document requests, including communications about potential tenants or subtenants at two portions of the premises in Irvine between 2023 and 2024.
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Case 24-11217-BLS Doc 1138 Filed 11/10/25 Page 1 of 11
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)
)
NOTICE OF INTENT TO SERVE SUBPOENA
DUCES TECUM DIRECTED TO SACHIN MURTHY
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 Sachin
Murthy.
[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.
67696/0001-51773028v1
Case 24-11217-BLS Doc 1138 Filed 11/10/25 Page 2 of 11
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
2
67696/0001-51773028v1
Case 24-11217-BLS Doc 1138 Filed 11/10/25 Page 3 of 11
EXHIBIT A
Sachin Murthy Subpoena
67696/0001-51773028v1
Case 24-11217-BLS Doc 1138 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) (12/15)
UNITED STATES BANKRUPTCY COURT
Delaware
_________________________________________ District of _________________________________________
In re VYAIRE MEDICAL, INC.
__________________________________________
Debtor
Case No. 24-11217 (BLS)
_____________________
(Complete if issued in an adversary proceeding)
11
Chapter ___________
_________________________________________
Plaintiff
v. Adv. Proc. No. ________________
__________________________________________
Defendant
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT
INSPECTION OF PREMISES IN A BANKRUPTCY CASE (OR ADVERSARY PROCEEDING)
To: _Sachin Murthy, 269 Mill Road Chelmsford, MA 01824______________________________________________
___ (Name of person to whom the subpoena is directed)
X 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: See attached Schedule A
PLACE Cole Schotz P.C. DATE AND TIME
500 Delaware Ave, Suite 600 November 24, 2025 at 5:00 p.m.
Wilmington, DE 19801
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.
11/10/2025
Date: _____________
CLERK OF COURT
OR
________________________ __/s/ Patrick J. Reilley______
Signature of Clerk or Deputy Clerk Attorney’s signature
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
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).
Case 24-11217-BLS Doc 1138 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 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 1138 Filed 11/10/25 Page 6 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. (ii) disclosing an unretained expert's opinion or information that does
not describe specific occurrences in dispute and results from the expert's
(1) For a Trial, Hearing, or Deposition. A subpoena may command a study that was not requested by a party.
person to attend a trial, hearing, or deposition only as follows: (C) Specifying Conditions as an Alternative. In the circumstances
(A) within 100 miles of where the person resides, is employed, or described in Rule 45(d)(3)(B), the court may, instead of quashing or
regularly transacts business in person; or modifying a subpoena, order appearance or production under specified
(B) within the state where the person resides, is employed, or regularly conditions if the serving party:
transacts business in person, if the person (i) shows a substantial need for the testimony or material that cannot
(i) is a party or a party’s officer; or be otherwise met without undue hardship; and
(ii) is commanded to attend a trial and would not incur substantial (ii) ensures that the subpoenaed person will be reasonably
expense. compensated.
(2) For Other Discovery. A subpoena may command: (e) Duties in Responding to a Subpoena.
(A) production of documents, or electronically stored information, or
things at a place within 100 miles of where the person resides, is employed, (1) Producing Documents or Electronically Stored Information. These
or regularly transacts business in person; and procedures apply to producing documents or electronically stored
(B) inspection of premises, at the premises to be inspected. information:
(A) Documents. A person responding to a subpoena to produce
(d) Protecting a Person Subject to a Subpoena; Enforcement.
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
(1) Avoiding Undue Burden or Expense; Sanctions. A party or
the demand.
attorney responsible for issuing and serving a subpoena must take
(B) Form for Producing Electronically Stored Information Not
reasonable steps to avoid imposing undue burden or expense on a person
Specified. If a subpoena does not specify a form for producing
subject to the subpoena. The court for the district where compliance is
electronically stored information, the person responding must produce it in
required must enforce this duty and impose an appropriate sanction —
a form or forms in which it is ordinarily maintained or in a reasonably
which may include lost earnings and reasonable attorney's fees — on a
usable form or forms.
party or attorney who fails to comply.
(C) Electronically Stored Information Produced in Only One Form. The
person responding need not produce the same electronically stored
(2) Command to Produce Materials or Permit Inspection.
information in more than one form.
(A) Appearance Not Required. A person commanded to produce
(D) Inaccessible Electronically Stored Information. The person
documents, electronically stored information, or tangible things, or to
responding need not provide discovery of electronically stored information
permit the inspection of premises, need not appear in person at the place of
from sources that the person identifies as not reasonably accessible because
production or inspection unless also commanded to appear for a deposition,
of undue burden or cost. On motion to compel discovery or for a protective
hearing, or trial.
order, the person responding must show that the information is not
(B) Objections. A person commanded to produce documents or tangible
reasonably accessible because of undue burden or cost. If that showing is
things or to permit inspection may serve on the party or attorney designated
made, the court may nonetheless order discovery from such sources if the
in the subpoena a written objection to inspecting, copying, testing or
requesting party shows good cause, considering the limitations of Rule
sampling any or all of the materials or to inspecting the premises — or to
26(b)(2)(C). The court may specify conditions for the discovery.
producing electronically stored information in the form or forms requested.
The objection must be served before the earlier of the time specified for
(2) Claiming Privilege or Protection.
compliance or 14 days after the subpoena is served. If an objection is made,
(A) Information Withheld. A person withholding subpoenaed
the following rules apply:
information under a claim that it is privileged or subject to protection as
(i) At any time, on notice to the commanded person, the serving party
trial-preparation material must:
may move the court for the district where compliance is required for an
(i) expressly make the claim; and
order compelling production or inspection.
(ii) describe the nature of the withheld documents, communications,
(ii) These acts may be required only as directed in the order, and the
or tangible things in a manner that, without revealing information itself
order must protect a person who is neither a party nor a party's officer from
privileged or protected, will enable the parties to assess the claim.
significant expense resulting from compliance.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as trial-
(3) Quashing or Modifying a Subpoena.
preparation material, the person making the claim may notify any party that
(A) When Required. On timely motion, the court for the district where
received the information of the claim and the basis for it. After being
compliance is required must quash or modify a subpoena that:
notified, a party must promptly return, sequester, or destroy the specified
(i) fails to allow a reasonable time to comply;
information and any copies it has; must not use or disclose the information
(ii) requires a person to comply beyond the geographical limits
until the claim is resolved; must take reasonable steps to retrieve the
specified in Rule 45(c);
information if the party disclosed it before being notified; and may
(iii) requires disclosure of privileged or other protected matter, if no
promptly present the information under seal to the court for the district
exception or waiver applies; or
where compliance is required for a determination of the claim. The person
(iv) subjects a person to undue burden.
who produced the information must preserve the information until the claim
(B) When Permitted. To protect a person subject to or affected by a
is resolved.
subpoena, the court for the district where compliance is required may, on
…
motion, quash or modify the subpoena if it requires:
(g) Contempt. The court for the district where compliance is required – and
(i) disclosing a trade secret or other confidential research,
also, after a motion is transferred, the issuing court – may hold in contempt
development, or commercial information; or
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 1138 Filed 11/10/25 Page 7 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 1138 Filed 11/10/25 Page 8 of 11
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.
2
Case 24-11217-BLS Doc 1138 Filed 11/10/25 Page 9 of 11
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 Sachin Murthy and any of his assigns, heirs,
Representatives and other Persons acting or purporting to act for or on his 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.
(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.
3
Case 24-11217-BLS Doc 1138 Filed 11/10/25 Page 10 of 11
(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.
(vii) Except as otherwise noted, these Requests cover all Documents in
Your possession, custody or control, including any Documents in Your constructive possession
4
Case 24-11217-BLS Doc 1138 Filed 11/10/25 Page 11 of 11
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 Quad DBC, 510
Technology Drive, or 520 Technology Drive.
5
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