Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :06-cv-00027-SLR Document 46 Filed 04/ 1 3/2007 Page 1 ot 2
Issued by the
UNITED STATES DISTRICT COURT E
DISTRICT OF DELAWARE
Ewa '°°9°"""E sum>oENA ns A crvn, CASE ‘
V.
E"'°'ESS LLC Case Number;. 1;¤e;cv umm (spa)
TO; Ana Klanclc
29 Haddock Drive _
Sewell, New Jersey 08080 l
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.
1>t.Ace os TESTIMONY couimtoom
DATE AND TIME L
El 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 OE EEPOELEEN Fox nemesis LLP, citizens Bank center, Suite 1300 DATE EEE TLME
919 mma Market street, lmtmingisn, Delaware 19899 April 1 9 , 2007 at: 10 : 00 a . m.
I] YOU ARE COMMANDED to produce and permit inspection and copy ing of the following documents or objects at the
place, date, and time specified below (list documents or objects):
PLACE `DATE AND min; 1
[I YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. L
paemses lDATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more ofiicers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the l
matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
issumc omni? SIGNATURE AND TITLE (INDICATE 11= ATTORNEY Fon PLA.t1~1rtrr on DEFENDANT) I DATE l .
is o cess NAME, ADDRESS AND pi-rom; mrnmizn
David A, Campbell, Esq. Vorys, Sater, Seymour and Pease LLP V.
2100 One Cleveland Center, 1375 E. Ninth Street, Cleveland, Ohio 44114 (216) 479-6100
(Sn Ru1• 45, Federal Ruler ¤t'Civii Procedure. Subdivision (c), (d), and (c), ¤n next page) _'
' lfaction is pending in district other than disuict of issuance, state district unda case mnnber.

Case 1 :06-cv-00027-SLR Document 46 Filed 04/ 1 3/2007 Page 2 of 2

PROOF OF SERVICE

DATE PLACE
. rz it ooo c. A D L ·
SERVED _ _ 2 H _/ .
M #7 so en. J' vfpgv
SERVED ON (PRINT NAME) MANNER OF SERVI
/ht/A ftlmm nt, g& 7P}¤é;»rwc»·¢ gm/0
SERVED BY (PRINT NAME) TITLE
@41;/44 6 ,06; (mL/J 4.;-.2/tz. ct».,e.~¤»¤.
DECLARATION OF SERVER
I
I declare under penalty of perjury under the laws of thc United States of America that the foregoing information contained °
in the Proof of Service is true and correct. I
Executed on I Z 0 7 Q ·i
DATE SIGNATURE OF SERVER
300 {rbi S hséé 7
ADDRESS OF SERVER
g;¢1,mr4/g & Og, QM /

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c). (d), and (6), as amended on December l, 2006:
(c) PROTECHON OF PERSONS SUBJECT T0 SUBPDENAS. to or affected by the stbpoeria, quash or modify the subpoena or, if the party in whose behalf
(l)A party orsnauomeyresponsihle furthe issumce endserviee ofa stizpeens shell take the subpoena is issued shows a substantial need for the testimony or material that eannnt be
reasonable steps to avoid irnpming undue burden or expense on a person subject to that otherwise met without undue hardship and assures tlutthe personto whom the stinpoens is
subpoena. The court on belmlf of which the sulpoene was issued aha].! enforce this duty and sddrused will be reasonably nompemated, the court may order appearance or prediction only
impose upon the party or attorney in trench of this duty an appropriate sanction, which may upon spocihed conditime.
include, but is not limited to, lost eamings and s reasonable ettoi-ney's fee.
(2) (A) A pei-sen eornmended to produce and permit inspeetscn, copying, testing, or (d) D1rr1EsmR.s.si>om1NcroSua»0ta4A.
sampling of designated electronically stored infonnaticn, bod things, or inspection of premises need not appear in person at t.he place of production or theyare keptlnthe usual course ofbteinessushall organizeandlsbeltlsemto correspond with
iropeetion unless commanded to appear for deposition, heirirg or trial, the categories in the demand ;
(B) Subject to paragraph (d)(2) of this rule, a personeommanded to produce and permit (B) If a subpoem does nutapecify the form or forms for producing electronically stored
inspection, eopyirg, testing, or sarnplirg may, within I4 chys alter service ofthe subpoenaor information, a person responding to a subpoena must produce the i.nformation in a form or
before the time specified fu- compliance ifauoh time in less than ld days aher service. nerve forms in which the person ordinarily maimains iter in a form cr fomis that are reasonably
uponthe party or attorney designated in the sulpuerrrs written objection to producing any or all usable. -
ofthe designated materials or irispeatirxi ofthe premises — or to producing eleetrortieslly stored (C) A persenresponding to s stbpoeneneed not produce the semeeleetrmireilly stored
infon·netion inthe fmn or forms requested. If objection is made, the party serving the stbpoena infomation in more than one farm.
shall t1¤t be entitledtn inspect, eopy, test., ir sample the materials or inspeetthe premises except (D) A person responding to a subpoena med not provide discovery of electronically
pursuant to an order ofthe oourt by which the subpoena was issued. lfobjection its been msdn, stored information from entrees that the person ide11t:il'ies as not reasonably aeoeaslile because
the party serving the subpoena may, upon notroe to the penon commanded to produce. move ofundue burden or coat. Onrnouon to compel discovery orto quash, the person {mm whom
at my time for an order to compel the pmduetirm, inspection., oopyirg, testing, or samplirg. discovery is sought must show that the information sought is nmreasonably eeeessihle because
Such an order to compel shall proteoteny person who is not a party or an oflioer ofaparty hom of tmdtte burden ur cost. If that showing is made, the court may nonetheless rrder discovery
signiticant urpense resulting from the inspection, eopyirg, testirtg, or nrnpling commanded from such sources if the requesting partyshows good cause, eornidering the limitations of Rule
(3) (A) On timely motion, the court by which e subpoena was issued shall quash or modify 26(b)(2)(C). The court may speciiy oonditions for the discovery.
the subpoena if it (2) (A) When iriformatinn subject to e subpoena is withheld on a claim that it is privileged _
(i) fails to allow resssumble time for compliance; ce suhject to protection as trial-preparation materials. the claim shall he muah expr sly and _
(ii) requires a person whois not a pai-ty or an uflicer cfu party to travel to splaee shall be supported by a description ofthe mtwe ofthe docurnems, communications, or uiings g ·
more than 100 miles hom theplace where tleatperson resides, is employedor regularly transacts not produced that e sufficiert to enable the demanding party to contest the olairn. g
business in person. exeeptthst, subject. tothe provisiore ofclause(c)(])(B)(iii)0i'll$ian1ie,such (B) If infomation is produced in response to e subpoena that is subject lo ri claim of
a person may in order to attend trial be commanded to travel fi-ern any such place within the priv Liege rx ufprolectism as u-ia1—prepai—ation materiel, thepersori making the eleim m y notify
state in which the trial is held; any party that received the information ofthe claim and the basis for it After beirg n¤tiIied_
(xii) requires disclosure of privileged or other protected matter and no exception or a party must promptly return, seqiester, or destroy the specified information and any copies it .
waiver applies; or has and may not use or dieloie the information until the elaim is resolved. A receiving party ,
(iv) subjects a perscet to undue burden may promptly present the infomiation to the cout under seal for e determirution ofthe claim
(B) if ¤ ¤¤bt¤¤¤¤¤ If the receiving party disclosed the inforrnetion before being notified, it must uske rmscnabie
(i) requires diselostre ofs uade seeretorothsr confidential researeh, development, steps to retrieve it The person who produced the information must preserve the infomation E`
or commercial infonnation, or until the ehim is resolved |
(ii) requires disclosure of an urmetained expert’s opinion or infonnation not y
describing specific events or occurrences in dispute andrusulting from the expert's study made (e) CON"I'E‘MPT. Failure ofany penmwithuut adequate excuseto obey e subpoena served upon `
notatthe request of any party, or that person may be deemed a oontempt of the court from which the subpoena issued. An i
(iii)requiresapersmi who isnoteperty erenoftieer ofspartyto incur substantial adequate cause for failure toobey exim when a subpoena purports torequires nonpsrty to
expense totravel mrre dum l00mi1es to attend trial, me eotrtmay, to protectapermn subject attend or produce at e place not within the limit: provided by clause (ii) of subparagraph
(¤)(3)(A).
I