Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1:05-cv-00918-SLR
I,^- AORR ( DE Rev. 01 /07) Subpoena in a Civil Case

Document 34

Filed 04/13/2007

Page 1 of 2

Issued by the

UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Charles Carl, V. MBNA America Bank, N.A.

SUBPOENA IN A CIVIL CASE

Case Number:' 05-918 SLR
TO: Michael Glacken, M.D. Keystone Center 2001 Providence Avenue Chester, PA 19013

u

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.
COURTROOM

PLACE. OF TESTIMONY

DATE AND TIME

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 OF DEPOSITION Young , Conaway, Stargatt & Taylor, LLP, 1000 West Street , 17th Floor, P.O. Box 391, Wilmington , DE 19899-1031 u
DATE AND TIME

4/18/2007 1:00 pm

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

DATE AND TIME

u

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
DATE AND TIME

PREMISES

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).
ISSUING OFFICER'S SIGNATURE AND DATE

4/10/2007
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

Margaret M. DiBianca, Esquire, Young Conaway Stargatt &Taylor, 1-LP, The Brandywine Bldg., 17th Floor, PO Box 391 Wilmington DE 19899-1031, 302-571-5Q08
(See Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), on next page)

I action is pending in district other than district of issuance, state district under case number

Case 1:05-cv-00918-SLR
A088 (DE Rev. 01/07) Subpoena in a Civil Case

Document 34

Filed 04/13/2007

Page 2 of 2

PROOF OF SERVICE
DATE

/
^^

^7
Q

PLACE

SERVED

^
(

6=1-i4cv-c-u^ 1 h
MANNER OF SERVICE

SERVED ON (PRINT NAME)

^ Cff q: Z SERVED BY (PRINT NAME)

C+C t"
TITLE

(Wlh^o

/051T^T^

C6 1J^,S

rn,6 C^t^
DECLARATION OF SERVER

S

m J& I -

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on

ADDRESS OF SERVER

bt(K D
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS

t^

i

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and ( e), as amended on December 1, 2006:
(1) A party or an atmrney responsible for the issuance and service ofa subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection , copying, testing, or sampling of designated electronically stored information , books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition , hearing or trial, (B) Subject to paragraph ( d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or befoic the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises - or to producing electronically stored information in tlne form or forms requested . If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued . Ifobjection has been made, the parry serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production , inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer ofa party from significant expense resulting from die inspection, copying, testing, or sampling commanded (3) (A) On timely motion, tire court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles four the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions ofclause (c)(3)(B)(iii) ofthis rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; o (iv) subjects a person to undue burden (B) if a subpoena (i) requires disclosure ofa trade secret or other confidential research , development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer ofa party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions
(d) DUTIES IN RESPONDING TO SUBPOENA.

(1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to con espond with the categories in the demand (B) If a subpoena does not specify the form or fomus for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost If that showing is made, the courtmay nonetheless orcler discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C) The court may specify conditions for the discovery . (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as n'ial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable tine demanding party to contest the claim (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it After being notified, a party must promptly return, sequester, or destroy the specified infornntion and any copies it has and may not use or disclose the information until the claim is resolved A receiving party may promptly present tine information to the court under seal for a determination of the claim If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT Failure of any person without adequate excuse to obey a subpoena served upon that person may be deenned a contempt of the court from which the subpoena issued An adequate cause for failure to obey exists when a subpoena purports to require a nonparty, to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A),