Issued by the
’ UNITED STATES DISTRICT COURT
District of Delaware
p DAVE) A- SM'LE"· snnronrra IN A crvni cass
1 V_ U ·
·DAll\/ELER CHRYSLER,
Case Number? i¥O7‘005"Sl—R
f TO: Dr. Peter Bandera, Mil).
Trolley Square, Suite B10
Wilmington, DE 19806
K] YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testiiy in the above case.
Pines or Tssrrmorrr p couarnooivr
Dam AND TIME
E] 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. ‘
rmos or DEPOSTTION l DATE AND "rnvm
[il YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
I place, date, and time specified below (list documents or objects):
T Your entire tile on David A. Smiley M
l PLACE Potter Anderson & Corroon LLP DATE AND NME
isis N. Market street, i==.o. Box esi, wsimrngmn, os react ·*W'l5/2008 l0¤00 am
El YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
2 pnsivrrsss I DATE AND rms
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
Q 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 Rule of Civil Procedure 30(b)(6). I
1 nl ij _ - • rrrtn rnioicars is A'l"l`ORNEY ron r·LArNT1rr on DEFENDANT) mrs
I /· j Attorney for Defendant 4!9/2008
F' G o rcs NAME, Aonnsss AND rrrons NUMBER
E - nnifer ‘ . Wasson (#4933) Tel: 302-897-6165
· Potter Anderson & Corroon LLP, 1313 N. Market Street, Sth FI., Wilmington, DE 19801 Attorneys for Defendant
(Sec Federal Rule of Civil Procedure 45 (c), (ri), and (ri}, on next page)
p ‘ if action is pending in district other than district of issuance, state district under case number. `
l Case 1:O7—cv-OOOO5—SLFi Document 38 Filed O4/14/2008 Page 2 01*2
l’ROOF OF SERVICE _
DATE PLACE
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SERVED ON (`PRlN'l` NAME) MANCNER OF SERVICE
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SERVED BY (PRINT NAME) 'l`l'1"LE
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DECLARATION OF S VER
I declare under penalty of perjury under the laws ofthe United States ofAmcricathat the foregoing information contained
g in the Proof of Service is true and correct.
Executed on Q [ / / { Cl" 49/ A . "
DATE S GNATURE OF SERVER [ .
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Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PRGTECHNG PERSON SUBJECT T0 A SUBPDENA. {i) shows o substantial need for the testimony or material thatcannotbe otherwise
(1) Avoiding undue Burden or Expense; Sanctions. A party or attomey responsible for met without undue hardship; and
issuing and serving a subpoena must take reasonablesteps to avoid imposing undue burden or (ii) ensures that the subpoenaed person will be reasonably compensated.
i expense on a person subject to the subpoena. The issuing court must enforce this duty and
; impose an appropriate sanction ·»·- which may include lost earnings and reasonable attomey's {cl) DUTIES KN RESPONDFNG T0 A SUBNJENA.
; fees — on a party or attorney who fails to comply. · {1) Producing Documents or Electronically Stored information. These procedures apply -
Q (2) Command to Produce Materials or Permit Inspection. to producing documents or electronically stored infomation:
; (A) Appearance Not Required. A person commanded to produce documents, · (A) Documents. A person responding to a subpoena to produce documents must
Q electronically storedinformation,ortungibletiiings,ortopen11ittheinspection ofpremises,need produce thernesthey arekeptintire ordinarycourse ofbusiness orrnustorganize and label them
E not appear in person at the place of production or inspection unless also commanded to appear to correspond to the categoxies in the demand.
E for a deposition, hearing, or trial. {B) Form for Producing Electronically Srored infomation Not Specified. lf a
(B} Objections. A person commanded to produce documents or tangible things or to subpoena does not specify a form for producing electronically stored intin-mation, the person
Q permit inspection may serve on the party or attorney designated in the subpoena a written responding must produce it in a form or forms in which it is ordinarily maintained or in a
objection to inspecting, copying, testing or sampling any or all ofthe materials or to inspecting reasonably usable Form or forms. `
2lteprernises·——or toproducing electronically storedinformation inthe fonn orforms requested. (C) Electronically Stored information Produced in Only One Form. The person
The objection mustbe served before the earlier of the time speciiied for compliance or 14 days responding need not produce the same electronically stored information in more than one form.
.. after she subpoena is served. lf an objection is made, the following rules apply: (D) Inuccessibie Electronically Stored lnformation. The person responding need not
(i) At any time, on notice to the commanded person, the serving party may move provi de discovery of electronically stored information from sources that the person identifies as
the issuing court for an order compelling production or inspection. not reasonably accessible because of undue burden or cost. On motion to compel discovery or
(ii) These acts maybe required only as directed in the order, and the order mus: for a protective order, the person responding must show that tl1e infomation is not reasonably
protect a person whois neither a party nor a partys ofiicer from slgniiicant expense resulting accessible because of undue burden or cost. lftbat showing is made, the oourtrnay nonetheless
from compliance. order discovery from such sources ifthe requesting party shows good cause, considering the
(3)Quasl1ing or Modifying a Subpoena limitations of Rule 26(b)(2}(C). The court may specify conditions for the discovery.
(A) When Required. On timely motion, the issuing coun must quash or modify a (2) Claiming Privilege nr Protection. _
subpoena that: (A) Information Withheld. A person withholding subpoenaed information under a
(i) falls to allow a reasonable time to comply; claim that it is privileged or subject to protection as trial-preparation material must:
(ii) requires a person who is neither a party nor a pa1ty’s ofiicer to travel more (i) expressly make the claim; and
than 100 miles from where that person resides, is employed, or regularly transacts business in (ii) describe the nature of the withheld documents, communications, or
person -—· except that., subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend tangible things in a manner that., without revealing information itself privileged or protected, will
_ a trial by traveling tron: any such place within the state where the trial is held; enable the parties to assess the claim.
(iii} requires disclosure of privileged or other protected matter, if no exception {B) information Produced. Ei information produced in response to a subpoena is
or waiver applies; or subject so a claim of privilege or of protection as trial-preparation material, the person making
(iv) subjects e person to undue burden. the claim may notify any party that received the information ofthe claim and the basis for it.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the After being notified, a party must promptly return, sequesrer, or destroy the specified
issuing court may, on motion, quash or modify the subpoena if it requires: information and any copies it has; must not use or disclose the information until the claim is
` (i) disclosing a trade secret or other couiidential research, development, or resolved; must take reasonable steps to retrieve the information ifthe party disclosed it before
commercial infomation; being notiiiecl; and may promptly present the infonnation to the court under seal for a
2 (ii) disclosirrganunretaiucd experfs opinion or information that does not determination of the claim. The person who produced the information must preserve the
describe specific occurrences ln dispute and results from the expert's study that was not information until the elairn is resolved.
requested by a pany; or
(iii) e person who is neither a party nor ll party's ofiicer to incur substantial {o)CON1’£.MPT.
expense to travel rnore than EOD miles to atrend trio] The issuing court may hold iu contempt a person who, having been served, fails without
(C) Specifying Conditions as an Alternative. ln the circumstances described in Rule adequate excuse to obey the subpoena. A nonparty’s failure to obey must be excused if the
4S(c)(3)(B), the court may, instead ofqonslrlng or modifying u subpoena, order appearance or subpoena purports to require the nonpm to attend or produce at a place outside the limits of
· production under specified conditions if the serving party: Rule 45(o}(3)(A)(ii).
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