Free Certificate of Service - District Court of Delaware - Delaware

if Case 1 :07-cv-00362-SLR Document 17 Filed 10/19/2007 Page 1 of 4
., AO88 (Delaware Rev. 7/00) Subgoena in a Civil Case V
Issued by the
UNITED STATES DISTRICT COURT Z K; WI EZ D
DISTRICT OF DELAWARE _
I . mutt Ia R l’ i3
ELIZABETH A. HUOVINEN
(Uk/A ELIZABETH TAYLOR) OF F mg QF
SUEPOENA IN A cIyII,r©A,sarMPHQv$Al’€§,l°“
. ` .31,/\iE Ul: UH-A
V.
CITY OF WILMINGTON and I
KENNETH BUKWOSKI Case Number: 07-362 (SLR)
T O: Delaware Department of Labor
Office of Industrial Affairs, Discrimination Unit
4425 North Market Street I
Wilmington, Delaware 19802
__ YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below
in the above case.
PLACE OF TESTIMONY COURTROOM
DATE AND TIME ’
__ YOU ARE COMIVIANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE OF DEPOSITION DATE AND TIME
[Q1 YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at
the place, date, and time specified below (list documents or objects):
** SEE ATTACHED DUCES TECUM **
PLACE DATE AND TIME
Biggs & Battaglia, 921 North Orange Street Monday, November 5, 2007, at 2:00 p.m. *
Wilmington, Delaware 19801 (302) 655-9677 *Appearance is waived if documents are produced
on or before above date
__ YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
PREMISES DATE AND TIME U
Any organization not a party to this suit that is subpoenaed 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 Rules of Civil Procedure, 30(b)(6).
1SSUING?1QE§% sIc TE IF ATTORNEY POR PLAINTIPP OR DEFENDANT) DATE /OA?/U 7 r
Steven F. Mones, Esquir , iggs and Battaglia, 921 North Orange Street, Wilmington, DE 19801 (302) 655-9677 " ·
ISSUING OPPICER’s NAME, ADDRESS AND PHONE NUMBER
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
I If action is pending in district other than district of issuance, state district under case number. ‘ if L U

{ L Case 1:07-cv-00362-SLR Document 17 Filed 10/19/2007 Page 2 of 4
Duces Tecum
Pursuant tothe attached subpoena, please produce copies ofthe following documents and
records: ‘
l. All documents and written materials of any kind comprising the Department of
Labor’s tile on the charges of discrimination, harassment, and retaliation tiled by
Elizabeth Taylor (now known as Elizabeth Huovinen).
2. All statements, transcripts, notes, and other written materials of any kind
comprising or relating to interviews conducted by or for the Department of Labor
in connection with its investigation of the charges of discrimination, harassment,
and retaliation tiled by Elizabeth Taylor (now known as Elizabeth Huovinen).
3. All reports prepared by or for the Department of Labor in connection with its
investigation ofthe charges of discrimination, harassment, and retaliation tiled by
Elizabeth Taylor (now known as Elizabeth Huovinen).
4. All documents sent to, or obtained by, the Department of Labor in connection
with its investigation of the charges of discrimination, harassment, and retaliation
tiled by Elizabeth Taylor (now known as Elizabeth Huovinen).
5. All documents and written materials of any kind sent or submitted to the
Department of Labor by the City of Wilmington or the Wilmington Fire
Department in connection with the Department of Labor’s investigation of the
charges of discrimination, harassment, and retaliation tiled by Elizabeth Taylor
(now known as Elizabeth Huovinen).
6. To the extent not included within the scope of the above categories, all documents
and written materials of any kind obtained by, submitted to, or generated by the
Department of Labor in connection with the investigation of the charges of
discrimination, harassment, and retaliation tiled by Elizabeth Taylor (now known
as Elizabeth Huovinen).

Case 1:07-cv-00362-SLR Document 17 Filed 10/19/2007 Page 3 of 4
,, AO88 (Delaware Rev. 7/O0) Subgoena in a Civil Case `
PROOF OF SERVICE
SERVED DATE M "/ 07 PLACE 6-/1/¤··»¤M&t' ;[>££
De/qronwa D·%;7= etc Laévf /!7Letn&/
SERVED ON (PRINT N E) MANNER OF SERVICE
/MGl4€.f" /¢'i7l?N`¢/lcag ‘§f IO/¤r»·/JYGVQ
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing infomation
contained in the Proof of Service is true and correct.
/ ..
Executed on /0; /9/ij Z Z ;
SIGNATURE OF SERVER
Ll/r‘!|»*’lI"lg'Z$~*__¤ _
ADDRESS OF RVER
Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(I) A party or an attorney responsible for the (iii) employed or regularly transacts
issuance and service of a subpoena shall take business in person, except that, subject to the
reasonable steps to avoid imposing undue burden or provisions of clause (c)(3)(B)(iii) of this rule, such a
expense on a person subject to that subpoena. The person may in order to attend trial be commanded to
Court shall enforce this duty and impose upon the party travel from any such place within the state in which the
or attomey in breach of this duty an appropriate trial is held, or
sanction, which may include, but is not limited to, lost (iv) requires disclosure of privileged or
earnings andareasonable attorney’s fee. other protected matter and no exception or waiver
(2)(A) A person commanded to produce and applies, or
permit inspection and copying of designated (v) subjectsaperson to undue burden.
books, papers, documents or tangible things or
inspection of premises need not appear in person (B) If a subpoena
at the place of production or inspection unless (i) requires disclosure of atrade secret or
commanded to appear for deposition, hearing or other confidential research, development, or
trial. commercial information, or
(B) Subject to paragraph (d)(2) of this rule, a (ii) requires disclosure of an unretained
person° commanded to produce and permit expert’s opinion or information not describing specific
inspection and copying may, within I4 days after events or occurrences in dispute and resulting from the
service of the subpoena or before the time expert’s study made not at the request of any party,
specified for compliance if such time is less than (iii) requires a person who is not a party
I4 days after service, serve upon the party or or an officer of a party to incur substantial expense to
attorney designated in the subpoena written travel more than 100 miles to attend trial, the court
objection to inspection or copying of any or all of may, to protect a person subject to or affected by the
the designated materials or of the premises. lf subpoena is issued shows a substantial need for the
objection is made, the party serving the subpoena testimony or material that cannot be otherwise met
shall not be entitled to inspect and copy the without undue hardship and assures that the person to
materials or inspect the premises except pursuant whom the subpoena is addressed will be reasonably
to an order of the Court. If objection has been compensated, the court may order appearance or
made, the party serving the subpoena may, upon production only specified conditions.
notice to the person commanded to produce, move
at any time for an order to compel the production. (d) DUTIES IN RESPONDING TO SUBPOENA.
Such an order to compel production shall protect (I) A person responding to a subpoena to
any person who is not a party or an officer of a produce documents shall produce them as they are kept
party from significant expense resulting from the in the usual course of business or shall organize and
inspection and copying commanded. label them to correspond with the categories in the .
(3)(A) On timely motion, the Court shall quash or demand.
modify the subpoena if it (2) When information subject to a subpoena
(i) fails to allow reasonable time for is withheld on a claim that it is privileged or subject to '
compliance, protection as trial preparation materials, the claim shall
(ii) requires a person who is not a party be made expressly and shall be supported by a
or an officer of a party to travel to a place more than description of the nature of the documents,
100 miles from the place where that person resides, is communications, or things not produced that is
, sufficient to enable the demanding party to contest the _
claim. *

Case 1:07-cv-00362-SLR Document 17 Filed 10/19/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I certify that, on this date, one copy of plaintiff s Subpoena Duces Tecum to the
Delaware Department of Labor was served, by electronic filing (and one copy by hand), on the
following individual:
Gary W. Lipkin, Esquire
City of Wilmington Law Department
City/County Building, 9th Floor
800 N. French Street
Wilmington, DE 19801-3537
/s/ Steven F. Mones
Steven F. Mones (Del. Bar #2611)
October 19, 2007