Free Notice (Other) - District Court of Delaware - Delaware


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Case 1:05-cv-00879-SLR Document 37 Filed 04/17/2006 Page 1 of 4
1N THE UNITED STATES DISTRICT COURT
POR THE DISTRICT OP DELAWARE
PIKE ELECTRIC CORPORATION &
PIKE ELECTRIC, INC.,
Plaintiff
C.A. No. 054379 (SLR)
v.
MICK DUBEA,
Defendant.
RE—N()TICE OF SUBPOENA OF MARK STYSLINGER
TO:
Lewis H. Lazarus, Esquire Teri L. Danish, Esquire
Morris James Hitchens & Williams LLP Rodriguez, Colvin, Chaney & Saenz, LLP
222 Delaware Avenue, 10*1* Floor UU} E- Vim BUYER
Wilmington, DE l9899 PrO» Box ZZI55
Brownsville, TX 78522
PLEASE TAKE NOTICE that pursuant to Rule 45 of the Federal Rules of Civil
Procedure, the attached subpoena ad testyficrmdzwz will be served on Mark Styslinger.
OF COUNSEL: William .I. Qde (#704)
Michael A. Paskin wade@r·lf,com
Cravatli, Swaine & Moore LLP Alyssa M. Schwartz (#4351)
Worldwide Plaza [email protected]
825 Eighth Avenue One Rodney Square
New York, NY l00l9—7475 P.O. Box 551
(2l2) 474—l00O Wilmington, DE 19899
(302) 65l»7700
Attorneys for Plaintiffs Pike Electric
Dated: April 17, 2006 Corporation and Pike Electric, Inc.
atri-asuzieqa

Case 1:05-cv-00879-SLR Document 37 Filed O4/17/2006 Page 2 of 4
Qiiniteh étatce E istrict Qiuu t
NORTHERN mstrucrr or ALABAMA
PIKE ELECTRIC CORPORATION and
PIKE ELECTRIC, INC.
v. SUBPOENA IN A CIVIL CASE
MICK BUBEA
case Nuivieea: C.A. No. 05-879(SLR)
TO: Mark Stysiinger
c/o Robert D. Hunter
Genera! Counsel
Altec, Inc.
220 Inverness Center Dr.
Birmingham, AL 35242
UYOU ARE COMMANDED to appear in the United States District Court at the piace, date, and time specified beiow to
testify in the above case.
PLACE DF TESTIMDNY COURTRODM
GATE AND TIME
X YOU ARE COMMANDED to appear at the piace, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE OF DEFDSITHZJN GATE AND TIME
Adams and Reese, Concord Center, 2100 3rd Avenue North, Suite 1100, May 10, 2006 at 9:00 :1.:11.
Conference Room 11E, Birrnin ham, Alabama 35205
lj YOU ARE COIVIIVEANDEEJ to produce and permit inspection and copying ofthe following documents or objects at the
piace, date, and time specified below iiist documents or obiects}:
PLACE I DATE AND TIME
Ki YOU ARE CGIVIIVIANDED to permit inspection ot the following premises at the date and time specified below.
FFIEIVHSES l i3ATE AND TIME
Any organization not a party to this suit that is subpoeneed for the taking of a deposition shall designate one or more
officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each
person designated, the matters on which the person will testify. Federal Flutes of Civii Procedure, 30{bl(6).
IS IN DFHCER SIGNATURE AND T$T IIN I : · l FINEY FDR PLAINTIFF DFI DEFENDANU DATE I [ LO
· ttomey for Plaintiffs Lf fl
u I M J
"i’
assume orrtcrrrs NAME. Aoorrsss Amo snows Numan Aiyssa M Schwartz, Esq , Richards Layton & Finger, One Rodney Square,
P O Box SSI, Wilmington, Delaware 19899 (302) 651-7756
iSae Role 45. Federal Rules of Civil Procedure. Pans C Bi D on Reversel
rttri-2002700-i

Case 1:05-cv-00879-SLR Document 37 Filed O4/17/2006 Page 3 of 4
PROOF OF SERVICE
one PLACE
SERVED
saeyeo on term? NAME] Mamas or senvics
senyao av [PRINT NAME; rrrte
DECLARA TION OF SERVER
l deciare under penalty oi periury under the laws ot the United States of America that the foregoing information
contained in the Proof of Service is true and oorrecti
Executed on
oars
saomruas Us sraavse
Aoortess or ssevee
Rule 45. Federal Rules of Civit Procedure. Parts C Et D:
lc) PROTECTION OF PERSONS SUBJECT TO SUBPGENAS son, except that. subject to the provisions ot clause ic)i3iiBllii£}
ii) A party or an attorney responsibia for the issuance and service oi this rule, such e person may in order to attend trial be
ol a subpoena shall take reasonable steps to avoid imposing undue commanded to travel lrorn any such place within the state in
burden or expense on a person stttniect to that subpoena The court on which the trial is held. or
behait of which the subpoenas was issued shall enforce this duty and
impose upon the party or attorney in breach or this duty an appropriate iii) requires oisctosure of privileged or other protected matter and
sanction, which may include, but is not limited to, lost earnings and a no exception or waiver applies, or
reasonable attorney‘s faei
{21iA) A person commanded to produce and permit inspection end iv) subjects e person to undue burden
copying of designated books, papers, documents or tangible things. or lB)If at subpoena
inspection oi premises need not appear in person et the place of ii} requires disclosure of a trade secret or other confidential
production or inspection unless commanded to appear for deposition. research, development, or commercial information, or
hearing or trial
lB) Subject to paragraph ld)(2) of this ruia, a person commanded ii} requires disclosure ot an unreteined expert's opinion or in-
to produce and permit inspection and copying may, within 14 dys after tormation not describing specific events or occurrences in dispute
service of the subpoena or before the time specified for compliance if and resulting from the expert's study made not at the request of
such time is tees than 14 days after service, serve upon the party or any party, or
attorney designated in the subpoena written objection to inspection or
copying of any or all of the designated materials or oi the premises. ti iii} requires a person who is not e party or an ofiicr of a party to
objection is made, the party serving the subpoena shall not be entitled incur substantial expense to travel more than t0D miles to attend
to inspect and copy the materials or inspect the premises xcept triai, the court may. to protect a person subject to or aiiacted by
pursuant to an order of the court by which the subpoena was issued if the subpoena. quash or modify the subpoena or, if the party in
objection has been made, the party serving the subpoena may, upon whose behalf the subpoena is issued shows e substantial need
notice to the person commanded to produce, move at any time for an tot the testimony or materiai that cannot be otherwise rnet
order to compel the production Such an order to compel production without undue hardship and assures that the person to whom the
Sheli protect any person who is note party or an officer of a party from subpoena is addressed will be reasonably compensated. the court
significant expense resulting from tne inspection and copying may order appearance or production oniy upon spaoiiied
commanded. conditions.
l3)(A} On timely motion, the court by which a subpoena was issued idlDUTiES iN RESPONDING TG SUBPOENA.
sheli quash or modify the subpoena ii it (li A person responding to e subpoena to produce documents shall
li) foils to aliow reasonable time for compliance: produce them as they are kept in the usual course oi business or shall
liil requires a person who is not a party or an ofiicer of at party organiz and label thorn to correspond with the categories in tha
to travel to place more than TOO miles from the place where that demand.
person resides, is employed or reguiarly transaots business in per— (2} When information subiect to a subpoena is withheld on e claim
that it is priviioged or subject to protection as trial preparation
materials, the claim shalt be made expressly and shall be supported by
a description of the nature of the documents. communications, or
things not produced that is suiticient to enable the demanding party to
contest the oiaim
RLF E -30027GO-1

Case 1:05-cv-00879-SLR Document 37 Filed O4/17/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 17, 2006, 1 electronically filed the foregoing
document with the Clerk of`Conrt using CM/ECP, and have also served the document as noted:
BY HAND DELIVERY
Lewis H. Lazarus, Esquire
Morris James Hitchens & Williams LLP
222 Delaware Avenue, 10* Floor
Wilmington, DE 19899
1 hereby certify that on April E7, 2006, 1 have caused the foregoing to he sent by Federal
Express to the following non-registered paiticipantz
Teri L, Danish, Esquire
Rodriguez, Colvin, Chaney & Saenz, LLP
1201 E. Van Buren
PO, Box 2155
Brownsville, TX 78522
t § Alger gchwartz (#43éil
Run-zscsssr-t