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

Case 1:06-cv-00028-SLR-LPS Document 180 Filed 10/18/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
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 M. STEPHEN HEILMAN
PLEASE TAKE NOTICE THAT, pursuant to Rule 45 of the Federal Rules of Civil
Procedure, Plaintiff McKesson Automation, Inc. ("McKesson") has issued the attached subpoena
to M. Stephen Hellman, with a deposition date of October 29, 2007.
Dated: October 18, 2007 BLANK ROME LLP
[ga/ML
Dale R. Dubé (#2863)
1201 Market Street, Suite 800
Wilmington, DE 19801
Tel: (302) 425-6472
Fax: (3 02) 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
Courzse/for P/aintif
McKesson Automation, Inc.
124402.00601/40171715v.l

Case 1:06-cv-00028-SLR-LPS Document 180 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 M. STEPHEN HEILMAN, 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 18th 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. Fabricant, Esquire
Richard LaCava, Esquire
Bryan N. DeMattio, Esquire
DICKSTEIN SHAPIRO LLP
1177 Avenue of the Americas
New York, NY 10036
(
Dale R. Dubé
124402.0060l/40l7l7l5v.I

Case 1 :06-cv-00028—SLFt-LPS Document 180-2 Filed 10/18/2007 Page 1 of 2
Issued by the
UNITED STATES DISTRICT COURT
Western P€nI"ISyiV8.l`|iB.
McKesson Automation, Inc. SUBPOENA IN A CIVIL CASE
V.
Translogic Corporation and Swlsslog ltalia S.p.A.
Case Number? 05028 (MPT)
T0; M. Stephen Hellman
Vaecor, Inc.
566 Alpha Dr.
Pittsburgh, PA , 15238-2912
[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 TESTIMDNY CouRTRooM
DATE AND TIME
M 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 DEI¤osITIoN Head Smith DATE AND TIME
4s5 Sixth Avenue, Pittsburgh, PA 15219 10/29/2007 9¤00 em
li] YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
` place, date, and time specified below (list documents or objects):
PLACE DATE AND TIME
[I YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
I¤REMIsEs ` 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).
ISSUIN or ICER'S SIGNATURE AND TITLE QINDICATE IF ATTORNEY FOR 1¤LA1NTII=I= OR DEFENDANT) DATE
"l létit .\ 10/17/2007
ISSUING oFrICER’s NAME, ADD SS AND PHONE NUMBER
Blair M. Jacobs
Sutherland Asblll & Brennan LLP — 1275 Pennsylvania Ave., NW, Washington, DC 20004 202.385%.0100
{See Rule 45, Federal Rules ot'Civil Procedure, Subdivisions (c), (d), and (e), on next page)
I If action is pending in district other than district of issuance, state district under case number.

Case 1 :06-cv-00028-SLR-LPS Docu ment 180-2 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 of America that the foregoing information contained
IH 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), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf
(1) A party or an attomcy 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 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 court may order appearance or production 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 earnings and a reasonable attomey’s fcc.
(2) (A) A person commanded to produce and permit inspection, copying, testing, or (d) DUTIES lN RESPONDING TO SUBPDENA. ,
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 kept in the usual course of business or shall organize and label them to correspond with
inspection unless commanded to appear for deposition, hearing or trial. the categories in the 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 i4 days after service of thc subpoena or information, a person responding to a subpoena must produce the information in a form or
before the time specified for compliance if such time is less than 14 days alter service, serve forms in which thc person ordinarily maintains it or in a form or fomts that are reasonably
upon the party or attorney designated in the subpoena written objection to producing any or all usable.
ofthe designated materials or inspection ofthe premisr-:s—or to producing electronically stored (C)A person responding to a subpoena need not produce the same electronically stored
information in the form or forms requested. lfobjcctionis made, the party sewing the subpoena information in more than one form.
shall not be entitled to inspect, copy, test, or sample thc 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. If objection has been made, stored information from sources that the person ideotihes as not reasonably accessible because
the party sewing the subpoena may, upon notice to the person commanded 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. discovery is sought must show thatthe information sought is not reasonably accessible because
Such an order to compel shall protectany person who is not a party or an officer of a party from of undue burden or cost. lf that showing is made, the court may nonetheless order discovery
sigrtiicant expense resulting from the inspection, copying, testing, or sampling commanded. from such sources if the 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 discovery.
tl1e subpoena if it (2) (A) When information subject to a subpoena is withheld on a claim thatit 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
(ii) requires a person who is not a pany or an officer of a party to travel to a place shall be supported by a description ofthe nature of the documents, communications, or things
more than 100 miles from the place where that person resides, is employed or regularly transaets not produced that is sufficient to enable the demanding party to contest the claim.
business in person, except that, subjectto the provisions of clause (c)(3)(B)(iii) of this rule, such (B) lf 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
state in which the trial is held; any party that received the infomation ofthe claim and the basis for it. Alter 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 information 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 to undue burden, may promptly present the infomation tothe court undcr seal for a detcmtination ofthe claim.
(B) if a subpoena lf the receiving party disclosed the infomtation before being notiticd, 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 infomation must preserve the information
or commercial information, or until the claim is resolved.
(ii) requires disclosure of an unretainecl expcrt’s opinion or information not
describing specific events or occurrences in dispute and resulting from the experfs study made (c) 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 he deemed a contempt of the court from which thc subpoena issued. A11
(iii) requires a person 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
cxpcnsc 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)~