Free Subpoena Returned Executed - District Court of Delaware - Delaware

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Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Charles Carl,
SUBPOENA IN A CIVIL CASE
V. CASE NUMBER:1 05-918 SLR
MBNA America Bank, N.A.
Records Custodian
TO. Pedro M. Ferriera, Ph.D.
M 1303 Foulk Road
Wilmington, Delaware 19803 ____ nm
[I YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specihed below
to testiy in the above case.
amor; or resrnivionv COURTROOM
DATE AN D-TIME
[I 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 { DATE AND TIME
E 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); Any and an records or documents relating to
Charles Carl, Jr., , including, but not limited to: Mr. Carl’s complete patient chart, correspondence
__£elated to Mr. Carl, his bills, any other patient records, radiographic films or studies and test results.
PLACE DATE AND TIME
Young, Conaway, Stargatt & Taylor, LLP, 1000 West Street, 17th Floor, P.O. Box 391, November 22, 2006
Wilmington, DE 19899-1031 at 9:00 a.m.1
_ [I YOU ARE COMMANDED to permit inspection ofthe followin remises at the date and time s ecitied below.
PREMISES 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
ofhcers, 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 SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DATE
DEFENDANT)
/}/\, E Attorney for Defendant /{ A7 Ob
ISSUING OFFlCER'S NAME, ADDRESS AND PHONE NUMBER __ —
Sheldon N. Sandler, Esquire, Young Conaway Stargatt & Taylor, LLP, The Brandywine Building, 17m Floor, PO Box
391, \Mlmington, DE 198994031, 302-571-5673
W-— (See Rule 45, Federal Rules of Civil Procedure, Parts C 8. D on Reverse)
1 Personal appearance is waived if documents are produced by specified date.

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DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the U 'ted States of
America that the foregoing information contained in t rvice i »t e and correct.
Executed on HK [ OQ /
’ IGNATURE OF SERVER `
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ADDRESS OF SERVER
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ule 45, Federal Rules of Civil Procedure, Parts C & D: M where that person resides, is employed or regularly transactsm
business person, except that, subject to the provisions of
:) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. clause (c)(3)(B)(iii) of this rule, such a person may in order to
(1) A party or an attorney responsible for the issuance and attend trial be commanded to travel from any such place within
ervice of a subpoena shall take reasonable steps to avoid the state in which the trial is held, or
nposing undue burden or expense on a person subject to that (iii) requires disclosure of privileged or other protected
ibpoena. The court on behalf of which the subpoena was issued matter and no exception or waiver applies, or
1aIl enforce this duty and impose upon the party or attorney in (iv) subjects a person to undue burden.
reach of this duty an appropriate sanction, which may include, but (B) lf a subpoena
not limited to, lost eamings and a reasonable attomey's fee. (i) requires disclosure of a trade secret or other
(2)(A) A person commanded to produce and permit inspection confidential research, development, or commercial information, or
nd copying of designated books, papers, documents or tangible (ii) requires disclosure of an unretained expert's opinion
nings, or inspection of premises need not appear in person at the or information not describing specific events or occurrences in
lace of production or inspection unless commanded to appear for dispute and resulting from the expert's study made not at the
eposition, hearing or trial. request of any party, or
(B) Subject to paragraph (d)(2) of this rule, a person (iii) requires a person who is not a party or an officer of a
ammanded to produce and permit inspection and copying may, party to incur substantial expense to travel more than 100 miles to
ithin 14 days after service of the subpoena or before the time attend trial, the court may, to protect a person subject to or
aecified for compliance if such time is less than 14 days after affected by the subpoena, quash or modify the subpoena or, if the
arvice, serve upon the party or attorney designated in the party in whose behalf the subpoena is issued shows a substantial
xbpoena written objection to inspection or copying of any or all of need for the testimony or material that cannot be otherwise met
ne designated materials or of the premises. If objection is made, without undue hardship and assures that the person to whom the
ne party sewing the subpoena shall not be entitled to inspect and subpoena is addressed will be reasonably compensated, the court
>py the materials or inspect the premises except pursuant to an may order appearance or production only upon specified
·der of the court by which the subpoena was issued. If objection conditions.
as been made, the party serving the subpoena may, upon notice (d) DUTIES IN RESPONDING TO SUBPOENA.
» the person commanded to produce, move at any time for an (1) A person responding to a subpoena to produce documents
·der to compel the production. Such an order to compel shall produce them as they are kept in the usual course of
·oduction shall protect any person who is not a party or an officer business or shall organize and label them to correspond with the
’ a party from significant expense resulting from the inspection categories in the demand.
1d copying commanded. (2) When information subject to a subpoena is withheld on a
(3)(A) On timely motion, the court by which a subpoena was claim that it is privileged or subject to protection as trial
sued shall quash or modify the subpoena if it preparation materials, the claim shall be made expressly and shall
(i) fails to allow reasonable time for compliance; be supported by a description of the nature of the documents,
(ii) requires a person who is not a party or an officer of a communications, or things not produced that is sufficient to enable
party to travel to a place more than 100 miles from the place the demanding party to contest the claim.