Free Subpoena Returned Executed - District Court of Delaware - Delaware

I Case 1 :07-cv-00226-JJF Document 41 Filed 10/25/2007 Page 1 of 4

P ~ ‘ ' "“ I "` Issued by the
UNITED STATES DISTRICT COURT
` DISTRICT OF DELAWARE
VOITH PAPER GMBH & CO. KG
Civil Action No. 07-226 UF
Plaintiff,
v.
JOHNSONFOILS, INC. V
Defendant.
TO; Voith Paper, Inc.
2200 N. Roemer Road
Appleton, WI 54911
‘ El YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to
testify in the above case.
PLACE oI= TEsTIMoNY COURTROOM
DATE AND TIME
I YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
PLACE OF DEPOSITION DATE AND TIME
XYOU 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 obj ects): See Schedule A.
l PLACE l DATE AND TIME
Seitz, Van Ogtrop & Green, P.A.
222 Delaware Avenue, Suite 1500 10/26/07 at gzgg a_m_
Wilmington, DE 19899
El YOU ARE COMMANDED to emiit ins ection of the following premises at the date and time s ecified below.
p P P P
1 PREMISES I DATE AND TIME `
; 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 o consent to testify on its behalf] and may set forth, for each person designated, the matters on
which the person w estify. Feder N les of Ci il Procedure, 30(b)(6).
. A
ISSUING orrrcsa Aw! P ATToIzNEv Pon PLAINTIFF on DEFENDANT) DATE
. , Counsel for Plaintiff October 1* 2007
I ISSUING 0 r ICEPJS NAME, ADDRESS AND PH NIJMEER
George ". Seitz, III, Seitz, Van Ogtro & Green, PA., 222 Delaware Avenue, Suite 1500, Wilmington DE
i 19801: (302l 888-7602
(See Rule 45, Federal Rules of Civil Procedure Parts C & D on reverse)
61 I84 vl

Case 1 :07-cv-00226-JJF Document 41 Filed 10/25/2007 Page 2 of 4
.,,. ,._,_,...................._..
. C ' · "

PROOF OF SERVICE
PLA
DATE ID *5 —O7 Z,J39frr) CE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
Var/U @@4 » fom · ca ,/, gy
S MIO » é) rj
L,} O usf on
SERVED BY (PRINT NAME) TITLE
H/;,C;],eg.L A). 5goL2fL cteéé .5

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the
Proof of Service is true and correct.
Executed on gg - Q~ Q Z .
. DATE
SIGNATURE OF SERVER
/16 7 gpm}; A7}/é /77ért/4U}//f M ,)/7
ADDRESS OF SERVER


Rule 45, Federal Rules of Civil Procedure, Parts C & D.
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. attend trial be commanded to travel from any such place within the state in which
the t1·ial is held, or the demanding party to contest the claim.
(l) A party or an attomey responsible for the issuance and service of a
. subpoena shall take reasonable steps to avoid imposing undue burden or expense (iii) requires disclosure of privileged or other protected matter
on a person subject to that subpoena. The court on behalf of which the subpoena and no exception or waiver applies, or
was issued shall enforce this duty and impose upon the party or attomey in breach
of this duty an appropriate sanction which may include, but is not limited to, lost (iv) subjects a person to undue burden.
, eamings and reasonable attomey‘s fee.
l (B) if a subpoena
i (2) (A) A person commanded to produce and permit inspection and
— copying of designated books, papers, documents or tangible things, or inspection (i) requires disclosure of a trade secret or other confidential
of premises need not appear in person at the place of production or inspection research, development, or commercial information, or
unless commanded to appear for deposition, hearing or trial.
‘ (ii) requires disclosure of an unretaincd expert's opinion or
(B) Subject to paragraph (d) (2) of this rule, a person commanded to information not describing specitic events or occurrences in dispute and resulting
produce and pemiit inspection and copying may, within I4 days after service of from the expert‘s's study made not at the request of any party, or
i subpoena or before the time specified for compliance if such time is less than 14
days after service, serve upon the party or attomey designated in the subpoena (iii) requires a person who is not a party or an officer of a party
2 written objection to inspection or copying of any or all of the designated to incur substantial expense to travel more than IOO miles to attend trial, the court
` materials or of the premises. if objection is made, the party sewing the subpoena may, to protect a person subject to or affected by the subpoena, quash or modify
` shall not be entitled to inspect and copy materials or inspect the premises except the subpoena, or, if the party in whose behalf the subpoena is issued shows a
pursuant to an order of the court by which the subpoena was issued. lf objection substantial need for the testimony or material that cannot be otherwise met without
has been made, the party serving the subpoena may, upon notice to the person undue hardship and assures that the person to whom the subpoena is addressed will
commanded to produce, move at any time for an order to compel the production. be reasonably compensated, the court may order appearance or production only
Such an order to compel production shall protect any person who is not a party or upon specified conditions.
an officer of a party from signiticant expense resulting from the inspection and
copying commanded. (d) DUTIES IN RESPONDING TO SUBPOENA.
(3) (A) On timely motion, the court by which a subpoena was issued (1) A person responding to a subpoena to produce documents shall
shall quash or modify the subpoena if it produce them as they are kept in the usual course of business or shall organize and
W label them to correspond with the categories in the demand.
` (i) fails to allow reasonable time for compliance;
(2) When information subject to a subpoena is withheld on a claim that it
(ii) requires a person who is not a party or an ofticer of a party is privileged or subject to protection as trial preparation materials, the claim shall
to travel to a place more than IOO miles from the place where that person resides, be made expressly and shall be supported by a description of the nature of the
is employed or regularly transacts business in person, except that, subject to the documents, communications, or things not produced that is sufficient to enable
provisions of clause (c) (3) (B)( iii) of this rule, such a person may in order to the demanding party to contest the claim.
61184 vl

Case 1:07-cv-00226-JJF Document 41 Filed 10/25/2007 Page 3 of 4
) U.S. District Court
VOITH PAPER GMBH & 90* KE > District of Delaware ‘
V ‘ I g Docket/Index # 07-226
`jOHNSONFO"“S’ INC' ( Affidavit of Service
County of 0lf75é·8'”"§ SS: V A
Mg iL#}m2l»~ J- 6’éU(’Y not a party to this action, is over 18 years of age and resides in the State of Wisconsin.
On /0 ~ 5 · 07 at 3-’.5’0 AM/érgdeponent served the within
named SUBPOENA
Upon Voith Paper, Inc..
Said service was effected at 2200 N. Roemer Rd., Appleton, WI 54911, or

( ) INDIVIDUAL SERVICE: Served the within-named personally.
( )SUBSTITUTE SERVICE: By serving ,
QKCORPORATE or GOVERNMENT AGENCY SERVICE: Jo/JJ 4366 ,
( ) OTHER SERVICE: As described in the comments below, by serving

( ) NON SERVICE: For the reasons detailed in the comments below.
COMMENTS:
I · Mm iimwfr rf/@5640 an/c - 5%%% 42; Lew; Mm! ams P5? e- f »r2·m¤~iiéz
l V www/¤v&»= /I//’ /ma/»07 . gw /0- 547 www 60 .0/7%%*740 2*7 kh/L
} fvég Q, . ggw ·./a»%i/ xiiwg @@12/0 ,;.»;¢>.i//z£c.. . {weve /z/1*5 ff ¢i/
The person accepting service is described tothe best of deponent's ability at the time and circumstances
of service as follows:
Sex: Fly Skin: g/Q Hair: BVI- Age(Approx): J/0 I-lt.(Approx):__:i'_§_" Wt.(Approx):/70 lbs.
Other:
l
I certify that the foregoing statements made by me are true, correct and my free act and deed. I am
aware that if any of the foregoing statements made by me are willfully false, I am subject to
punishment. _
1 Sworn before me On c/o Dennis Richman's e The Professional
1500 JFK Boulevard, Suite 1706
Philadelphia, PA 19102 _
' (215) 977-9393 , (215) 977-9806 (Fax)
Job #63917

I Case 1:07-cv-00226-JJF Document 41 Filed 10/25/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I, Patricia R MCGOHJQJG, Esquire, hereby certify that on this 25*** day of
October 2007, I electronically filed the foregoing Subpcena to Vcitlz Papeig
Inc. with Affidardt of Service with the Clerk of Court using CM/ECF which
will send notification of such filing to all counsel of record.
» ’°'Yi4 /s/ » c cnigle
atricia P. cGonigle (ID No. 3126)
mc on" sv law.com
1
61582 vl