Assignment:
Prepare a subpoena duces tecum for Acme Corporation, seeking their product safety procedures before and after Robert Roe changed procedures on May 5, 2001; the hazardous waste disposal procedures for Acme Corporation before and after May 5, 2001; and other such records that will advance the case against Acme. Remember that your complete Duces Tecum should seek all of the documents that you need for questioning this witness and for trial.
After you prepare the subpoena duces tecum, provide a screenprint of a saved copy of the template as a form in AbacusLaw, CLIO, or another legal office management software. Write a separate memorandum to your supervising attorney with the screen prints and step-by-step directions on how to save a form in AbacusLaw, CLIO, or the system that you used.
Use the appropriate format for the memorandum with step-by-step direction and screen prints.
On a separate page, cite all sources using the Bluebook format.For the final project, you will study the Acme Corporation case and organize a Trial Notebook. A Trial Notebook is an outline that a trial attorney will follow during a trial. It contains case pleadings, motions, pre-trial orders, subpoenas, and copies of the deposition transcripts that will be used at the trial, copies of documentary evidence, trial briefs, and proposed jury instructions. During the five weeks of the course, you will prepare many documents that constitute a Trial Notebook.
Acme Corporation Case
Acme Corporation, incorporated in Delaware maintains its principal place of business at Denver, Colorado. Acme manufactures and distributes vitamin supplements for sale in health food stores. The manufacturing process involves the use of some chemicals that produce a toxic by-product. Corporate profits are declining because of the costly production processes that Acme needs to use to prevent the toxic material from contaminating the vitamin products. In addition, federal and state regulations mandatea costly procedure to control the disposal of the toxic material.
The annual bonus of Robert Roe, President, Acme Corporation, is directly related to annual corporate profits. He decides to implement procedures that will reduce costs and increase profits. These procedures evade the toxic waste disposal requirements of the federal and state regulations. In addition, the procedures bypass some of the safeguards used to prevent product contamination.
According to the new procedures, toxic waste from the production process is discharged to a dry streambed. It is absorbed by the ground, and the ground water beneath the soil is contaminated. The toxic waste causes severe and permanent damage to the digestive systems of hundreds of residents of a Denver suburb whose water supply is drawn from the ground water that Acme is polluting.
Samuel Smith, a resident of the state of Nevada, is a 47-year-old senior partner in a prestigious accounting firm. He makes $170,000 per year. He purchases a bottle of Acme Corporation's vitamin pills from his local health store. Samuel takes a tablet as directed on the vitamin bottle. Within four hours, Samuel collapses and dies due to poisoning. The medical examiner informs the Food and Drug Administration (FDA) that there might be a link between the pills and Samuel's demise. The FDA orders Acme Corporation to recall all its vitamin products. A later evaluation by the Centers for Disease Control (CDC) determines that a large number of people across the United States became ill or died after taking contaminated Acme Corporation's vitamin pills.
You will complete the following:
• In Week 1, you will prepare a class action complaint against Acme Corporation.
• In Week 2, you will prepare a Subpoena Duces Tecum for Acme Corporation seeking their product safety procedures, hazardous waste disposal procedures, and other such records.
• In Week 3, you will prepare the appropriate Request for Admissions
• In Week 4, you will prepare a Rule 37 based on the opposing party's failure to respond to the interrogatories.
• In Week 5, you will prepare a Notice of Appeal against Acme Corporation. In addition, you will put together a trial notebook using all the documents drafted for the final project.