Free Notice to Take Deposition - District Court of Delaware - Delaware

- _ Case 1 :07-cv-00057-M PT . Document 147 Filed 04/30/2008 Page _1 of 4 . ‘
· ‘ Issued by the _ I
I I I UNITED STATES DISTRICT COURT S " (
I _ p SOUTHERN DISTRICT OF CALIFORNIA . I
V VENETEC INTERNATIONAL, INC. SUBPOENA IN A CIVIL CASE
V A NEXUS MEDICAL, LLC _ 5 ‘ I Case Number? O7_057 (MPT) - .
T0; Steven F. Bierman, M.D. · ` _ S i _ I l
c/ogMichaeI A. David, Esq.-- Latham & Watkins LLP V I ·I _ . ‘ ,
1 _ 555 Eleventh Street, NW, Suite 1000 _ _
_ ’ ` Washington, D.C. 20004-1304 V I (
l El YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to i V _
testify in the above case. _ : ‘ ' _ I _ · . _
‘ . PLACE OF TESTIMONY , _ R . .. I COURTROOM -
__ D I 1 DATE AND TIME . ·
_ El YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition -
in the above case. SEE DEPOSITION NOTICE ATTACHED AS EXHIBIT A , _
PEACE or DEPOSITION Fish & Richardson PIC- _ · _ DATE AND TLMEI -
I I 12390 El, Camino Real, San Diego, California 92130 5/14/2008 9:00 am
El YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the - I
place, date, and time specified below (list documents or objects): · »
S PLACE _ ‘ ` . ‘ _ _ I _ lDATEANDTIME,
, El YOU COMMANDED to permit inspection of the following premises at the date and time specified below. · l _ T
PREMISES _ . _ l ~ I 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, 4 I P
· · 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). . V
· ISS Z9¤F1=1cER’s SIGNATURE AND TITL • ICATE IF ATTORNEY FOR 1>LA1NT1F1= OR DEFENDANT) DATE` I l
, ` M[_ ,_/ I Attorney for Defendant 4L ’-3 O" Zoo 9 »
ISSUJNG 0I*FICER’S NAME, · DRESS AND 1=Ho :5 : ER . ` ‘ _ ·
Patrick A. Lujin, Esq. I · I
I _ : Shook, Hardy & Bacon L.L.P., 2555'Grand Blvd., Kansas City, Missouri 64108-2613; Telephone: (816) 474-6550 l
: l ‘ A (See Rule 45, Federal Rules of Civil Procedure, Subdivisions (c),‘ (d), and (e), on next page) · A ‘
' ' If action is pending in district other than district of issuance, state district under case number. _ _ I i

’ Case 1 :07-cv-00057-IVIPT Document 1.47 Filed O4/30/2008 Page 2 of 4

PROOF OF SERVICE · »

_ - DATE PLACE _
SERVED _ c

SERVED ON (PRINT NAME) _ MANNER OF SERVICE _

SERVED BY (PRINT NAME) 4 TITLE

- . DECLARATION OF SERVER .
I
I declare under penalty of peijury under the laws ofthe United States of America that the foregomg mformation contamed
111 the Proof of SCIVICC 1S true and correct. —
Executed on
_ V _ DATE SIGNATURE OF SERVER
_ _ ADDRESS OF SERVER · ‘ -

_ · Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
~ . (c) Pnoracrron or Persons Susrncrro Sunroswas. ` ` to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf
(1) A party or an attorney responsible for the issuance and service of a subpoena shall take the subpoena is issued shows a substantial need for the testimony or material that cannot be
reasonable steps to avoid imposing undue burden or expense on a person subject to that otherwise met without undue hardship aud assures that the person to whom the subpoena is
_ subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and addressed will be reasonably compensated, thecourt may order appearance orproduotion only
impose upon the party or attomey in breach of this duty an appropriate sanction, which may upon specified conditions. ` _
include, but is not limited to, lost eamings and a reasonable attomey’s fee. . _
' (2) (A) A person commanded to produce and permit inspection, copying, testing, or (d) DUTIES IN RESFONDING TO SUBPOENA. _
sampling of designated electronically stored infomation, books, papers, documents or tangible _ (1) (A) A person responding to a subpoena to produce documents shall produce them as
things, or inspection of premises need not appear in person at the place of production or they are keptin theusual course of business or shall organize and label them to correspond with
inspection unless commanded to appear for deposition, hearing or trial. n the categories in the demand. · · ‘
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit (B) Ifa subpoena does not specify the form or forms for producing electronically stored
inspection, copying, testing, or sampling may, within 14 days after service ofthe subpoena or information, a person responding to a subpoena must produce the infomation in a fom or
before the time specified for compliance if such time is less than 14 days atier service, serve foms in which the person ordinarily maintains it or in a fom or forms that are reasonably
· upon the party or attomey designated in the subpoena written objection to producing any or all usable. _ ` V
. ofthe designated materials orinspection ofthe premises—orto producing electronically stored (C)A person responding to a subpoena need not produce the same electronically stored
information in the form or forms requested. If objection is made, the party serving the subpoena infomation in more than one form.
shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except (D) A person responding to a subpoena need not provide discovery of electronically
‘ pursuantto an order ofthe court by which the subpoena was issued. If objection has been made, stored infomation &om sources that the person irlentiies as not reasonably accessuale because
the party serving the subpoena may, upon notice to the person cornrnanded to produce, move of undue burden or cost. On motion to compel discovery or to quash, the person from whom
» at any time for an order to compel the production, inspection, copying, testing, or sampling. discoveryis sought must show that the information sought is notreasonably accessible because
V Such an order to compel shall protect any person who is not a party or an oflicer of a party from of undue burden or cost. If that showing is made, the court may nonetheless order discovery
i significant expense resulting from the inspection, copying, testing, or sampling commanded. from such sources ifthe requesting party shows good cause, considering the limitations of Rule ‘
` . (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify 26(b)(2)(C). The court may specify conditions for the discoveryl
the subpoena if it ` . (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged
(i) fails to allow reasonable time for compliance; or subject to protection as trial-preparation materials, the claim shall be made expressly and-
» A (ii) requires a person who is not a party or an omcer of a party to navel to a place shall be supported by a description ofthe nature of the documents, communications, or things
more than 100 miles Som the place where that person resides, is employed orregularly transacts not produced that is sufficient to enable the demanding party to contest the claim.
business in person, except that, subject to the provisions of clause (o)(3)(B)(iii) of this rule, such (B) If jnformation is produced in response to a subpoena that is subject to a claim of
a person may in order to attend trial be commanded to travel from any such place within-the privilege or of protection as t·rial—preparation material, the person making the claim may notify
state in which the trial is held; _ ` any party that received the infomation of the claim and the basis for it. Atter being notified,
- (iii) requires disclosure of privileged or other protected matter and no exception or a party must promptly retum, sequester, or destroy the specified information and any copies it
waiver applies;`or has and may not use or disclose the information until the claim is resolved. A receiving party
(iv) subjects a person to undue burden. . may promptly present the information to the court under seal for a determination of the claim,
(B) Ifa subpoena - » If the receiving pany disclosed the information before being notified, it must take reasonable _
(i) requires disclosure of a trade secret or other conidential research, development, steps to retrieve it The person who produced the infomation must preserve the infomation
or commercial infomation, or until the claim is resolved ·
(ii) requires disclosure of an unretained expert’s opinion or infomation not — ` .
describing specific events or occurrences in dispute and resulting from the expert’s study made (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon
not at the request of any party, or ` ` ‘ that person may be deemed a contempt of the court from which the subpoena issued. An -
(iii) requires aperson who is not a party or an officer of a party to incur substantial adequate cause for failure to obey exists when a subpoena purports to require a nonparty to
expense to travel more than 100 miles to attend trial, the court may, to protect a person subject attend or produce at a place not within the limits provided by clause (ii) of subparagraph
(¤)(3)(A)-

.. A Case 1 :07-cv-00057-IVIPT Document 147 Filed O4/30/2008 Page 3lof 4 `
IN THE UNITED STATES DISTRICT COURT A
· - _ FOR THE DISTRICT OF DELAWARE . ·
VENETEC INTERNATIONAL, INC., l I * " I . ·
A . Plaintiff, A U _ ·' . _ ;
` vs. ` C.A. No. 1:07-CM-057 (MPT) .
I ANEXUS MEDICAL, LLC, · ` H .
A · _ _ Defendant. H - · I
C _ I NOTICE OF SUBPOENA AND VIDEOTAPED DEPOSITION H
_ OF STEVEN F. BIERMAN, M.D. · ° .
_ ` PLEASE TAKE NOTICE that, pursuant to Rules 30 and 45 of the Federal Rules . -
. U of Civil Procedure, defendant NEXUS MEDICAL, LLC will take the videotaped deposition _
upon oral examination of STEVEN F. BIERMAN, M.D., commencing at 9:00 a.m. on May 14, _
I · 2008, at the offices of FISH & RICILARDSON, P.C., 12390 El Camino Real, San Diego, I I
l California 92130. Acopy of the related subpoena is attached * , _
The deposition will be recorded by stenographic means and will be videotaped by
_ Sarnoff Court Reporters. V 1 _ _ C ‘ · A
Date: April 30, 2008 I I _ /s/ Richard K. Hermann A - A
. 4 Richard K. Herrmann #405 " _
Mary B. Matterer #2696 . _1
* _ - · _ Amy Arnott Quinlan #3021
` MORRIS JAMES LLP `
` - 500 Delaware Avenue, Suite 1500 _
V . F · Wilmington, Delaware 19801-1494
V . r l [ Telephone: 302.888.68OO
A Facsimile: 302.57 1 . 1750
E—mai1: ` rherrmann@morris]`ames.com _ ·
A U EXHIBIT A H A H
2926396v1 .

Case 1·:O7-cv-00057-IVIPT Document 147 Filed O4/30/2008 Page 4 of 4 _
- U Patrick A. Lujin (Admitted Pro Hac Vice)
· _ Robert T. Adams (Admitted Pro Hac Vice)
SHOOK, HARDY & BACON L.L.P. _
` ' ‘ A 2555 Grand Boulevard i
. . Kansas City, Missouri 64108-2613 _
. Telephonei 8l6.474.6550 ‘
_ · ‘ A _ _ V Peter A. Strand (Admitted Pm Hac Vice) ‘
l ‘ · l ` SHOOK, HARDY & BACON L.L.P. - A
- - · Hamilton Square ’ - —
` ‘ 600 14* Square, NW, Suite 800 i _
. , Washington, D.C. 20005-2004 .
· Telephone: 202.783.84OO ‘
· Robert H. Reckers (Admitted Pro Hac Vice) _ »
" SHOOK, HARDY & BACON L.L.P; .
. JPMorgan Chase Tower
l ‘ A 600 Travis Street, Suite 1600 I `
A Houston, Texas 77002-2911 ·
‘ ` " Telephone: 712).227.8008 » -
· _ ATTORNEYS FOR DEFENDANTAND _ . `
. _ l COUNT ERCLAIM PLAINT IFF
` _ _ ‘ NEX US MEDICAL, LLC Y
. » . L 2 - - . t
2926396vl , ,