Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Charles Carl,
SUBPOENA IN A CIVIL CASE
V. CASE NUMBERW 05-918 SLR
MBNA America Bank, N.A.
Records Custodian
-I-O. Staples — Human Resources
I 128 Sunset Blvd.
New Castle, DE 19720 _ mmm m"__
Q YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below
to testif in the above case.
i=>i./ici; or resnivionv COURTROOM
DATE AND TIME
K] 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 I DATE AND TIME
IX] YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at
the place, date, and time specified below (list dOCUm€l'l’tS Ol' objects): Any and all documents or records relating to
Charles Carl, , including, but not limited to, his complete employment file, any correspondence to or
from Mr. Carl, and any other documentation related to Mr. Carl. _____
PLACE DATE AND `TIME
Young, Conaway, Stargatt & Taylor, LLP, 1000 West Street, 17th Floor, P.O. Box 391, November 27, 2006
Wilmington, DE 19899-1031 at 9:00 a.m.1
[I YOU ARE COMMANDED to ermit ins ection of the followin remises at the date and time s ecified below.
PREMlSES 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).
ISSUING OFFICER SIGNATURE AND TlTl.E (INDICATE IF ATTORNEY FOR PLAINTIFF OR DATE
DEFENDANT) . ,
fi { /
/ il \ Attorney for Defendant { Db
TIWSSIUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
Sheldon N. Sandler, Esquire, Young Conaway Stargatt & Taylor, LLP, The Brandywine Building, 17m Floor, PO Box
391, Wilmington, DE 19899-1031, 302-571-6673
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse)
1 Personal appearance is waived if documents are produced by specified date.
A8 888R88_88888888g8}g:18se818:8Q_§-8g;_y;00918-SLR Document 18 Fnled 1 1/14/2006 Page 2 of 2
_ PROOF OF SERVICE
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SERVED ON (PRINT NAME) MANNER OF SERVICE
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SERVED BY (PRINT NAME) TITLE v
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DECLARATION OF SERVER
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 an correct.
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Executed on I I ID D wp?. . { Wh
SIGN RE OF SERVER
DATE
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ADDRESS OF SERVER
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Rule 45, Federal Rules of Civil Procedure, Parts C & D: wherewhat person resides, is employed or regularly transacts
business person, except that, subject to the provisions of
(c) 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
service of a subpoena shall take reasonable steps to avoid the state in which the trial is held, or
imposing undue burden or expense on a person subject to that (iii) requires disclosure of privileged or other protected
subpoena. The court on behalf of which the subpoena was issued matter and no exception or waiver applies, or
shall enforce this duty and impose upon the party or attorney in (iv) subjects a person to undue burden.
breach of this duty an appropriate sanction, which may include, but (B) lf a subpoena
is not limited to, lost earnings and a reasonable attorney'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
and copying of designated books, papers, documents or tangible (ii) requires disclosure of an unretained expert's opinion
things, or inspection of premises need not appear in person at the or information not describing specific events or occurrences in
place of production or inspection unless commanded to appear for dispute and resulting from the expert's study made not at the
deposition, 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
commanded to produce and permit inspection and copying may, party to incur substantial expense to travel more than 100 miles to
within 14 days after service of the subpoena or before the time attend trial, the court may, to protect a person subject to or
specified for compliance if such time is less than 14 days after affected by the subpoena, quash or modify the subpoena or, if the
service, serve upon the party or attorney designated in the party in whose behalf the subpoena is issued shows a substantial
subpoena written objection to inspection or copying of any or all of need for the testimony or material that cannot be otherwise met
the designated materials or of the premises. lf objection is made, without undue hardship and assures that the person to whom the
the party sewing the subpoena shall not be entitled to inspect and subpoena is addressed will be reasonably compensated, the court
copy the materials or inspect the premises except pursuant to an may order appearance or production only upon specified
order of the court by which the subpoena was issued. lf objection conditions.
has been made, the party serving the subpoena may, upon notice (d) DUTIES IN RESPONDING TO SUBPOENA.
to the person commanded to produce, move at any time for an (1) A person responding to a subpoena to produce documents
order to compel the production. Such an order to compel shall produce them as they are kept in the usual course of
production shall protect any person who is not a party or an officer business or shall organize and label them to correspond with the
of a party from significant expense resulting from the inspection categories in the demand.
and 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
issued 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.
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