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

Case 1:06-cv-00028-SLR-LPS Document 181 Filed 10/18/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
T___T—t )
MCKESSON AUTOMATION, INC., )
)
Plaintiff, )
)
v. ) C.A. No. 06-028-MPT
)
TRANSLOGIC CORPORATION and )
SWISSLOG ITALIA S.p.A., )
)
Defendants. )
PLAINTIFF MCKESSON AUTOMATION, INC.’S
NOTICE OF ISSUANCE OF SUBPOENA TO L. FRANK DEMMLER
PLEASE TAKE NOTICE THAT, pursuant to Rule 45 ofthe Federal Rules of Civil
Procedure, Plaintiff McKesson Automation, Inc. ("McKesson") has issued the attached subpoena
to I,. Prank Demmler, with a deposition date of October 29, 2007.
Dated: October 18, 2007 BLANK ROME LLP
gdk /2 @cJ»~(
Dale R. Dubé (#2863)
1201 Market Street, Suite 800
Wilmington, DE l9801
Tel: (302) 425-6472
Fax: (302) 425-6464
Blair M. Jacobs
Robert A. Gutkin
Christina A. Ondrick
SUTHERLAND ASBILL & BRENNAN LLP
1275 Pennsylvania Avenue, NW
Washington, DC 20004
Tel: (202) 383-0100
Fax: (202) 637-3593
Counsel for Plaintijjf
McKesson Automation, Inc.
l24402.00601/4017171lv.1

Case 1:06-cv-00028-SLR-LPS Document 181 Filed 10/18/2007 Page 2 of 2
CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of October, 2007, I served by hand delivery and
electronic filing PLAINTIFF MCKESSON AUTOMATION, INC.’S NOTICE OF ISSUANCE
OF SUBPOENA TO L. FRANK DEMMLER, using CM/ECF which will send notification of
such filing to the following:
Julia Heaney, Esquire
MORRIS, NICHOLS ARSHT & TUNNELL
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899
I also certify that, on this 18lh day of October, 2007, I served the aforementioned
document, by e-mail and First Class Mail, upon the following participants:
Lawrence C. Drucker, Esquire
Alfred R. F abricant, Esquire
Richard LaCava, Esquire
Bryan N. DeMattio, Esquire
DICKSTEIN SHAPIRO LLP
1 177 Avenue ofthe Americas
New York, NY 10036
Dale R. Dubé
124402.0060l/40171711v.l

Case 1 :06-cv-00028-SLR-LPS Document 181 -2 Filed 10/18/2007 Page 1 of 2
Issued by the
UNITED STATES DISTRICT COURT
Western DISTRICT OF Pennsylvania
McKesson Automation, Inc. SUBPOENA IN A CIVIL CASE
V.
Translogic Corporation and Swisslog Italia S.p.A. Case Number: I 06028 (MPT)
TQ; L. Frank Demmler
Tepper School of Business, Carnegie Mellon University
5000 Forbes Avenue
Pittsburgh, PA 15213
[I 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 or TESTIMONY COURTROOM
DATE AND TIME
Ei 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.
PLACE or DEPOSITION Reed Smith DATE AND TIME
Ass Sixth Avenue, Eiiieeurgn, PA 15219 10/29/2007 1100 Dm
I] YOU 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 objects):
PLACE I DATE AND TIME
[I YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
i=aEM1sEs ` 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 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).
tssumc orF1cEn·s SIGNATURE ND TITLE (1ND1cATE ir ATTORNEY ron PLATNTIFF on DEFENDANT) DATE
(N "Â¥l,1\ - 10/17/2007
iss u1No oE1=1cER*s NAME, ADD ss AND PHONE NUMBER
Blair Nl. Jacobs
Sutherland Asbili St Brennan LLP - 1275 Pennsylvania Ave., NW, Washington, DC 20004 2023830100
(See Rule 45, Federal Rulcs of Civil Procedure, Subdivisions (c), (ti), and (c), on next page)
I lf action is pending in district other than district of issuance, state district under case number.

Case 1 :06-cv-00028-SLR-LPS Docu ment 181 -2 Filed 10/18/2007 Page 2 of 2


PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON [PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER

I declare under penalty of perjury under the laws ofthe United States 0fA.mer1ca that the foregoing 1nf01·mat1011 contained
in the Proof of Service is true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER


Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (cl), and (e), as amended on December 1, 2006:
(0) PROTECTION OF PERSONS SUBJECT TD SUBPOENAS. to or aiTcctcd by the subpoena, quash or modify the subpoena ct, iflhe party in whose behalf
(l)A party oran attorney responsible forihe 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 and 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, the coun may order appearance or production only
impose upon thc party or attorney in breach of this duty an appropriate sanction, which may upon specified conditions.
include, but is not limited to, lost eamings and a reasonable attorncy’s fee. _
(2) [A) A person commanded to produce and permit inspection, copying, testing, or (d) DUT1ES 1N RESPONDING T0 SUBPOENA.
sampling of desi gnatcd 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 kept in the usual course ofbusiness or shall organize and labelthernto correspond with
inspection unless commanded to appear for deposition, hearing or trial. the categories inthe demand.
(B) Subject to paragraph (d)(2] of this rule, aperson commanded to produce and permit (B) If a subpoena does not specify thc form or forms for producing electronically stored
inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or information, a person responding to a subpoena must produce the information in a form or
before thc time specified for compliance if such time is less than 14 days afier service, serve forms in which the person ordinarily maintains it or in a form or forms that are reasonably
upon the party or attorney designated in the subpoena written obj cction to producing any ur all usable.
ofthe designated materials or inspection ofthe premises—or to producing electronically stored (C) A person responding to a subpoena need not produce the same electronically stored
information inthe form or forms requested. If objection is made, the party sewing the subpoena information 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
pursuant to an order ofthe court by which the subpoena was issued. Ifehjection has been made, stored information from sources that the person identifies as not reasonably accessible because
the party sewing the subpoena may, upon notice to the person commanded to produce, move of undue burden or eest. 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. discovery is sought must show that the infomation sought is not reasonably accessible because
Such an order to compel shall protect any person who is not a party or an officer of a party from of undue burden or cost. If that showing is made, the court may nonetheless order discovery
significant expense resulting from the inspection, copying, testing, or sampling commanded. from such sources if the requesting party shows good cause, considering the liminations 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 discovery.
the subpoena if it (2} (A) When information subject to a subpoena is withheld on a claim Lhat it is privileged
(i) fails to allow reasonable time for compliance; or subject to protection as trial-preparation materials, the claim shall be rnade expressly and
(ii) requires a person who is nGt a party or an officer of a party to travel to a place shall be supported by a description of the nature ofthe documents, communications, or things
more than 100 miles from the place where that person resides, is employed or regularly transacts not produced that is sufficient to enable the demanding party to contest the claim.
business inperson, exccptthat, subject to the provisions of clause (c}(3)(B)(ili} of this rule, such (B} If information 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 trial-preparation material, the person making the claim may notify
s1ate in which the trial is held; any pany that received the information of the claim andthe basis for it. After being notified,
(iii} requires disclosure of privileged or other protected matter and no exception or a party must promptly return, scquester, or destroy thc specified infomation and any copies it
waiver applies; or has and may not use or disclose the infomation until the claim is resolved. A receiving party
(iv) subjects a person tu undue burden. may promptly present the i11f`om·1ation1o the court under sea] for a determination of the claim.
(B) If a subpoena Iflhe receiving party disclosed thc information before being notified, it must take reasonable
(i) requires disclosure of a trade secret or other confidential research, development, steps to retrieve it. The person who produced the infommalion must preserve the infomation
or commercial information, er until the claim is resolved.
(ii) requires disclosure of an uriretained expe1·t's opinion or information not
describing specific events or occurrences in dispute and resulting from the exper? s study made (e} CONTEMPT. Failure ofany person without adequate excuse te obey a subpoena served upon
not at the request of any party, or that person may be deemed a contempt of the coun from which the subpoena issued. An
(iii) requires a person who is not a pany or an oftieer 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 lhan IDD miles to attend trial, the court may, to protect aperson subject attend or produce at a place nut within 1he limits provided by clause (ii) of subparagraph
(¤){3){A)-