Free Notice (Other) - District Court of Delaware - Delaware

Case 1 :07-cv—OOOO5-SLR Document 32 Filed O4/O4/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID A. SMILEY, )
)
Plairitifi ‘ )
, ) C.A. No. 1:07-005-SLR
1 v. )
)
g DAIMLER CHRYSLER, ) IU RY TRIAL DEMANDED
)
Defendant. )
NOTICE OF SUBPOENA DUCES TECUM
l PLEASE TAKE NOTICE that, pursuant to Rule 45 ofthe Federal Rules of Civil
Procedure, Defendant will serve the attached subpoena duces tecum on the following.
U.A,W. Lcca1No. l183
698 Old Baltimore Pike
Newark, DE 19702-1312
5 POTTER ANDERSON & C * OON LLP
Ee -1* fer ler Brady (#2874)
` Je {Ter assert @*4933)
1 Joules Plaza, 6 Floor
A 1313 N. Market Street
P.O. Box 951
Wilmington, DE 19899-0951
(302) 984~6000 — Telephone
(302) 658-1192 — Facsimile
`brad otterandersoncom
'Wasson otterandersorwom
Dated: April 4, 2008
E 858447 / 31959 Attorneys for Dekndant Chrysler LLC

Case 1 :O7—cv-OOOO5—SLFi Document 32 Filed O4/O4/2008 Page 2 of 4
Issued by the
UNITED STATES DISTRICT COURT
District of Delaware
DAV"] A- SM"-EY· srrsromra IN A own; criss
V.
DAIMLER CHRYSLER, Case Number? 1:U7_G05_SLR
TO: U.A.W. Local No, 1 183
698 Old Baltimore Pike
Newark, DE 19702—1 31 2
1 Ei YOU ARE COMMANDED to appear in the United States District court at the piece, date, and time specified below to
testify in the above case.
mics or rasrtivrowr cooarsoom
i DATE 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.
rmce or oerosmow IDATE AND nm
E YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
piece, date, and time specified below (list documents or objects):
Aii documents you possess or maintain regarding David A. Smiley (D.O.B. 08li2l1961), including grievance
documents. tiles, and notes maintained by any union representative.
U PLACE Potter Anderson & Corroon LLP DATE AND TIME
isis N. Mamet street, rao. sax ss1, wiimingmn, oa isset 4i'i5»'20¤8 i0=00 am
E] YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
_ rssmses Iortrsaworiivns
Z Any organization not a party to this suit that is subpoenaed for thetaicing 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 wiil te fy. Federal Rule of Civil Procedure 30(b)(6).
_ rss rrrte rmnrcrtre IF Arrormev FOR rtaminr os DEFENDANT) DATE
Jimi all irrmm V il tem! MOS
g rss o : irs Mm - RESSQNDPHONBNUNIB R
i T. ifer , ’ asson (#4933) Tet: 302—897—B165
P er And rson & Corroon LLP, 1313 N. Market Street. Sth Fl., Wilmington, DE 19801
I (Sec Federal Rule offlivii Procedure 45 (c}, (ri}, and (e), on next page)
' If action is pending in district other than district of issuance, state district under case number.

u Case 1 :07-cv-00005-SLR Document 32 Filed O4/O4/2008 Page 3 of 4

PROOF OF SERVICE

DATE PLACE
SERVED

SERVED ON (PRINT NAME) MANNER OF SERWCE
; SERVED BY {PRINT NAME) TITLE
.
DECLARATION OF SERVER
g I declare under penalty ofpcrjury under the laws ofthe United States of America that the foregoing infomation contained
g in the Proof of Service is true and correct.
; Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
.
Q Federal Rule of Civil ?roeedure 45 (c), (d), and (c), as amended on December I , 2007:
2 (c) PRGTECTINGA PERSON SUBJECT TO A SWQPOSNA. (i) shows n subsmtial need forthc testimony ormateriei that cannot be otherwise
(1) AvoidiuB Undue Burden or Expense; Sanctions. A party cz attorney responsibie for met without undue hardship; and
{ issuing and sewing a subpoena must take reescuzabke steps to avoid imposing undue burden or (Ei) ensures that the subpoeneed person will be reasonably compensated.
I expense on a person subject to the subpoena. The issuing court must enforce this duty and
i impose an appropriate sanction — which may include lust earnings and reasonable attomcy’s (d) DUTIES LN RESPONDLNG 10 A suxmms. ,
I fees — on e party or attorney who fails to comply. (I) Producing Documents or Eiecmmicaiiy Stored information. These procedures apply
i (2) Command to Produce Materials or ?ermit luspectione to producing documents or eiectronicully stored information:
(A) Appearance Nut Required. A person commanded to produce documents, (A) Documents. A person responding to n subpoena to produce documents rmmt
3 eiecironiceilystorcd information, ormngibie things, ortc permitdieiuspeetiou of premises, need produce diem as they are kept inthe ordixmxyccurse of business or must organize and iabei them
not appear in person at the place cfproducticn cr inspection unless also commanded to appear to correspond to the categories in the demand.
i for a deposition, hearing, or triai. (B) Foam for }’rorEucing Electronically Stored information Not Specified. if ss
(B) Objections. A person commended to produce dccumems or tangible things or to subpoena does not specify a form for producing electroniculiy stored infomation, the person
permit inspection may serve on the puny ur attorney designated in the subpoena e wsitteu responding must produce it in a form or forms in which it is erdium-ily maintained or in a
objection to inspecting, copying, testing or sampling any or ai] ofthe materiais crm inspecting reasonnbiy uszsbfe form or forms. ~ ‘
the premisesworw producing electronically storcciinformaiion inthe form orformsrequestecl (C) Electronically Stored information Produced in Only One Form. The person
The cbjeciiuu must be served before the earlier ofthe time specified for compliance or i4 clays responding need not produce the same electronically stored information in more than one form.
eiler the subpoena is served. [fan objection is made, the following rules apply: ‘ (D) inaccessible Electronically Stored Infomation. The person responding need not ‘
(i) At anytime, osmotic: to the commanded person, the serving party may move provide discovery cfclectronicaily stored information from sources that the person idemiiies as
Z the issuing court for au order compelling production or inspection. not reasonably accessible because of undue burden or oust. On motion to camp:] discovery or
. (ii) These acts may be required only as directed in the order, and the order must for u proteczive order, the person responding must show that the infomation is not reasonably
` protect c person who is neither a pany nor u purtys officer fiom significant expense resulting accessible because ofxmdue burden or WSL Lfzhm showing is made, the coun may nonetheless
- from compliance. order discovery from such sources if the requesting party shows good cause, considering the
Z (3) Quesbing or Modifying e Subpoeue. limitations of Rule 26{b)(2){C). The com may specify conditions for the discovery.
f (A) When Required. On timely motion, the issuing coun must quash or modify a (2) Ciimiug Hivilege or Yrouectioo,
g subpoena tim: (A) Information Withheld. A person withholding subpoemaed information under :1
{ (i) fails to aliow a reasonable time to comply; claim that it is privileged or subject to protection as uiai-pmpmution materizd must:
Q (ii) requires n person whois neither n party nor a paztys chico: m travel more {i}e*xp1essly make the claim; and
: than 100 miles from where that person resides, is empioyed, or regularly mmsacts business in (ii) describe the nature of the withheid documents, communications, or
Q person —— except that, suhiect to Rule 45 (c){3 )(B)(iii), the person may be commanded to attend tangible things in nmmmertiist, without revealing inI'o1·rm1tionitsc1fpriviicger£er;1r¤teeted, will
A trial by traveling from any such place within the state where the uiai is heid; enable the parties to assess the claim.
I (iii) requires disclosure ofpriviieged or other protected matter, if no exception (B) Information Produced. if information produced in response to e subpoena is
Q or waiver applies; or subject to a claim of privilege or ofprobecdcn as ¤-i¤l»prepsmtio11 material, the person making
g (iv)subjec1s a person to undue burden. the claim may notify any party that received the information of the claim and the basis for it.
Q (B) When Permitted. T0 protect apmou subject to or affected by a subpoena, the After being nutihed., :1 party must promptly reumi., sequester, or destroy the specified
Q ismxing com may, on motion, quash or modify the subpoena ifit requires: infonuation and any copies it hes; must not use or disclose the information until the claim is
j (i} discinsiug a trad: secret or other confndemial research, development, or resolved; must take reasonable sbeps to retrieve the information ifthe party discioscdit before
= oommexeiai iiiformedou; being notified; and may promptly present the infumxatiuu bo the court under seal for e
Q {ii) disclosing an uuretained experfs opinion or information that does not determination of the ciaim. The person who produced the information must preserve the
= describe speciiic oecummccs in dispute and results from the expert's study that was not information until the niaim is resolved,
: requested by a pany or
(iii} a person who is neither a party nor u pzmgfs officer to incur substantial (e) CON’!'EM1¤·'1‘.
‘ expense to travel more than 100 miies io attend triai The issuing court may bold in contempt s person who, having been served, faiis without
. {C) Specifying Conditions as wzmltemetive. In the circumstances described in Rule adequate excuse to obey the subpoena. A nonpenfs Euikure to obey must be excused if the
{ 45(c)(3)(B), the court may, instead ofquushing or modifying e subpoena, order appearance or subpoena purports to require the nonparty to amend or produce at n piece outside the limits of
- production under speciried conditions if the serving party: Rule 45(c)(3){A}(ii).

Case 1:07-cv—OOOO5-SLR Document 32 Filed O4/O4/2008 Page 4 of 4
CERHFICATE OF SERVICE
i I hereby certify this 4th day of April, 2008, that a true and correct copy of the
foregoing DEFENDANT CHRYSLER LLC’S NOTICE OF SUBPOENA DUCES TECUM
was served by U.S. First Class Mail, postage prepaid, to the following:
David A. Smiley, pro se
26 Mackay Ln.
‘ Newark, DE 19713
U David A. Smiley, pro se
814 Village Circle, Apt. B
Newark, DE 1
l`·r li _ r 3
;r ‘rei— sam (N0. 4933) _
rcules Plaza - Sixth Floor
1313 North Market Street
Wilmington, DE 19801
(302) 984-6165 (Telephone)
l (302) 658-1192 (Facsimile)
[email protected] (Email)