Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :O7—cv-OOOO5—SLFt Document 33 Filed O4/07/2008 Page 1 of 2
_ Issued by the
UNITED STATES DISTRICT Count
District of Delaware
I DAV'!) A- 5M**-EW- sUn1>onNA nw A own, CASE
l DAIMLER CHRYSLER,
2 Case Number:1 l¥07*0O5“Si-R
TO: U.A.W. Locai No. 1183
698 Oid Baltimore Pike
Newark, DE 19702-1312
Ei YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified beiow to
L testify in the above case.
PLACE or resrnvrozw counraoom
' oATeANp mae
[Z] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
inthe above case. _ U
PLACE or DEPOSITEON I DATE Ann mts
‘ Ei YOU ARE CO1\/BVIANDED to produce and permit inspection and copying ofthe foliowing documents or objects at the
place, date, and time specified below (iist documents or objects):
Ai! documents you possess or maintain regarding David A. Smiiey ), inciuding grievance
documents, tiles, and notes maintained by any union representative. ° .
PLACE Potter Anderson 8. Corrcon LLP DATE AND FHME
1313 N. mama street, no. sex ss1,wsimmgi¤¤, oe 19801 _ 4/15f2€i08 10=G0 am
1 El YOU ARE COMMANDED to permit inspection ofthe foiiowing premises at the date and time specified below,
rnemrsss 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 ofticers,
directors, or managing agents, or other persons who consent to testify on its behali and may set forth, for each person designated, the
· matters on which the person will testify. Federal Rule of Civil Procedure 30(b)(6).
1
o orr Ann nrte (n~micAre n= Arrormer ros PLAINTIFF on nerencmri DATE
i _ _ {_ ·· 44ggg
,,,,,../¢[t.1a· i lla'.; . ' ’ 4 ” -‘ I, · ’ H 0 .
E if? o tr ="" cn s · ¤ ,Ann ss AND moan an (
·— nnife * . Wasson (#4933) - Tel: 302-897-6165
Potter Anderson & Oorroon LLP, 1313 N. Market Street, Sth Fl., Wilmington, DE 19801
i (See Federal Rule of Civil Procedure 45 (c), (ei), and (e), on next page)
2 l i If action is pending in district other than district of issuance, state district under case number.

Case 1 :O7—cv-OOOO5—SLFt Docu ment 33 Filed O4/07/2008 Page 2 of 2
PROOF OF SERVICE

DATE PLACE · -
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SEMED x/ #107 /Usrunr/C H6 jg nyc),
SERVED ON (PRINT NAME) MANNER OF SERVICE
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SERVED BY (?RIN'i` NAME) TITLE
. ' ' If
A- . . d ll · J a...'*'! ,. . · /,45..l.s
y DECLARATION OF SE " ' ER
r I declare under penalty of perjury under the laws ofthe United States 0fAl11€flG3.Il1HlTllB foregoing infomation contained
in the Proof of Service is true and correct.
i Executed on rr r1 t v tz.! 1 ass? xm.
DATE : ATURE OF ERVER
r
i gzjgrgf Q@,.Z,€g;5gg QZ ;:.0,{ZOQ_Q QQ?
Z ADDRESS OF SERVER #
jj {3* yp; ,»/}OL;t,r,K,»;_f’ def [HW" PYJCJ/'
Federal Rule of Civil Procedure 45 (c), (ci), and (e), as amended on December I, 2007:
(c) PROTECHNG A PERSON Strarscr TO A SUBPDENA. (i) showsa substantial nectlfortire testimony or material that cannot be otherwise
r (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for met without unciue hardship; and
issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or (ii) ensures that tire subpoenaed person will be reasonably compensated.
_ expense on a person subject to the subpoena The issuing court must enforce this duty and
_ impose an appropriate sanction -— which may include iost earnings and reasonable attomcy's (d) DUTIES IN RESHJNDING T0 A SUBPDENA.
I fees — on a party or attorney who fails to comply. (1) Producing Documents or Electronically Stored Information. These procedures apply
(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
· electronically stored infornratiort, or tangible things, orto perrnitthe inspection of premises, need produce them as they are kept in the ordinary course ofbusiuess or must organize and tube! them
_ not appear in person at the place of production or inspection unless also commanded to appear to correspond to the categories in the demand. ·
- for a deposition, heating, or trial. (B) Form for Producing Eiectronicalty Stored Information Not Specified. if a
= (13) Objections. A person commanded to produce documents or tangible things or to subpoena does not speciiy a form for producing electronically stored information, the person
‘ permit inspection may serve on the party or nttomey 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.
thepremises-—ortoprodu¤ingelecttonica11ystoredinfonnationinthefonuorfoxmsrequested. (C) Electronically Stored information Produced in Only One Form. The person
_ The objection must be served before the earlier ofthe time specified for compliance or 14 days responding need not produce the same eiectronicaliystored information in more than one form.
after the subpoena is served. lf an objection is made, the following ruies apply; (D) lnaccessibie Electronically Stored Information. The person responding need not
· (i) At anytime, on notice to the commanded person, the serving party may move provide discovery ofeiectronicaliy stored inforrnetion from sources that the person identiies tw
I 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 may be required only as directed in tire order, and the order must for a protective order, the person responding must show that the information is not reasonably
protect a person who is neither a party nor a party's oflicer from significant expense resulting accessible because of undue burden or cost if that showing is made, the court may nonetheless
Hom compliance. order discovery from such sources if the requesting party shows good cause, considering the
(3) Quashing or Modifying a Snbpoeua. limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.
(A) When Required. On timely motion, the issuing court must quash or modify a (2) Claiming Privilege or Protection.
subpoena that: (A) information Withheld. A person withholding subpoensed information under a
{i) fails to allow a reasonable time to comply; claim that it is privileged or subject to protection as niabpreparstion material must:
(ii) requires a person who is neither a party nor a party’s officer to travel more (i) expressly make the claim; and
than 100 miles from where that person resides, is employed, or regularly transacts business ia (ii) describe the nature ofthe withheld documents, cornrnnnications, or
person — except that, subject to Rule 45[c)(3){B)[iii), the person may be comwded to attend tangible tiringsinamannertlrat, without revealing informationibseifprivilegod or protected, will
a trial by traveling from any sucir 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 if information produced in response to a subpoena is
Z or waiver applies; or q suléect to a claim of privilege or of protection as trial-preparation material, the person matting
: (iv) subjects a person to nndue burden. the claim may notity any party that received the information of the claim and the basis for it,
Q (B) When Permitted. To protect a person subject to or affected by a subpoena, the After being not'ed, a party must promptly return, seqnester, or destroy the specified
’ issuing court may, on motion, quash or rnodiiy the subpoena if it requires: information and any copies it has; must not use or disclose the information until the claim is
. (E) disclosing a trade secret or other coniidcutial research, development, or resolved; rnusttaite reasonable steps to retrieve thc information if the party disclosed it before
. commercial information; being notified; and may promptly present tire information to the court under seal for a
(ii) disciosirrgentrnretained experts opinion or information that does not determination of the claim. The person who produced the information must preserve the
describe specific occurrences in dispute and resuits from the experts study that was not information until the claim is resolved.
requested by a party; or
(iii) a person who is neither a patty nor a party's officer to incur substantial (e) CON'l"EMP'I`»
expense to n·avel more than 100 miies to attend trial The issuing court may irold in 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 nonpartys failure to obey must be excused if the
45(c)(3}(B), the com may, instead of quashing or modifying a subpoena, order appearance or subpoena purports to require the nortparty to attend or produce at a piece outside the iimits of
production under speciEed conditions if the serving party: Ruie 45(c)(3)(A)(ii).