I ··• Case 1 :05-cv-00891-SLR Document 40 Filed 12/21 /2006 Page 1 of 3
ir
Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
LINDA J. BLOZIS SUBPOENA IN A CIVIL CASE
V.
MELLON TRUST OF DELAWARE,
NATIONAL ASSOCIATION, ET AL. Case Numberzl 05-891 SLR
TO: Maria Dunlop
108 Giles Court
Newark, DE 19802-2800
El YOU ARE COMMANDED to appear in the United States District court at the place. date, and time specified below
testify in the above case.
PLACE OF TEsT1MONv COURTROOM
V DATE AND TIME
X` 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
Law Oftice oflohn M. LaRosa, Two East 7‘*‘ Street, Suite 302, Wilmington, Delaware I980l-3707 I2/21/2006 @ 3 :30 p.m‘
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 I DATE AND TIME
Cl YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified 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 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).
Issu OFFlCER‘S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FoR PLAINTIFF OR DEEENDANT) DATE
ATTORNEY FOR PLAINTIFF I 1/30/06
IssUINo OFFlCER’S NAME, ADDRESS AND PHONE NUMBER
John M. LaRosa, Esquire
Two East 7"’ Street. Suite 302. Wilmington, Delaware l980l-3707
(See Rule 45, Federal Rules ot'Civi| Procedure, Pans C & D on next page)
‘ lf action is pending in district other than district ofissuunce, state district under case number.
Em [B mz gégg 1:QE-@@0891-SLR Document 40 Filed 12/21/2006 Page 2 of 3 9:
PROOF OF SERVICE
DATE PLACE
12 18 06 : 308 Coldwater Dr.
EEEVEE ’ ’ E 6 O9 EE 9999999, DE 19938
SERVED ON (PRINT NAME) MANNER OF SERVICE
MARIA DUNLOP PERSONAL, HAND DELIVERY
SERVED BY (PRINT NAME) TITLE
ROBERT DELACY, SPS
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing infomation
contained in the Proof of Service is true and correct.
Executed on 12/18/06 V ·
DATE SIGNATURE OF SERVER
D. M. PROFESSIONAL SERVICES •
5 Orchard Lane, Wilm. , DE 19809 E
ADDRESS OF SERVER
- Rule 45, Fede{a`rl'éIB.&e§ c£B5+evHB6l¤8&1r1eS1alils C &)Dcu ment 40 Filed 12/21 /2006 Page 3 of 3
I} (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A party or an attomcy responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burdcn or expense trial be commanded to travel from any such place within the state in which the
on a person subject to that subpoena. The court on behalf of which the subpoena trial is held, or
was issued shall enforce this duty and impose upon the party or attomey in breach
of this duty an appropriate sanction which may include, but is not limited to, lost (iii) requires disclosure of privileged or other protected matter and
camings and reasonable attomey’s fee. no exception or waiver applies, or
(iv) subjects a person to undue burden.
(2) (A) A person commanded to produce and pcmrit inspection and copying
of designated books, papers, documents or tangible things, or inspection of (B) lfa subpoena
premises need not appear in person at the place of production or inspection unless
commanded to appear for deposition, hearing or trial. (i) requires disclosure of a trade secret or other confidential
research, development, or commercial infomation, or
(B) Subject to paragraph (d) (2) of this rule, a person commanded to (ii) requires disclosure of an unretained expert’s opinion or
produce and permit inspection and copying may, within 14 days after service of infomation not describing specific events oroccurrcnces in dispute and resulting
subpoena or before the time specified for compliance ifsuch time is less than I4 from the expert’s study made not at the request ofany party, or
days aficr service, serve upon the party or attomey designated in the subpoena (iii) requires a person who is not a party or an officer of a party to
written objection to inspection or copyingof any or all ofthe designated materials incur substantial expense to travel more than 100 miles to attend trial, the coun
or ofthe premises. lf objection is made, the party serving the subpoena shall not may, to protect a person subject to or affected by the subpoena, quash or modify
be entitled to inspect and copy materials or inspect the premises except pursuant the subpoena, or, if the party in who behalf the subpoena is issued shows a
to an order of the coun by which the subpoena was issued. If objection has been substantial need for the testimony or material that cannot be otherwise met
made,the party sewing the subpoena may, upon notice to the person commanded without undue hardship and assures that the person to whom the subpoena is
to produce, move at any time for an order to compel the production. Such an addressed will be reasonably compensated, the coun may order appearance or
order to comply production shall protect any person who is not a party or an production only upon specified conditions.
officer of a party from significant expense resulting from the inspection and
copying commanded. (d) DUTIES IN RESPONDING TO SUBPOBQA,
_ (3) (A) On timely motion, the court by which a subpoena was issued shall (l) A person responding to a subpoena to produce documents shall produce
quash or modify the subpoena ifit them as they are kept in the usual course ofbusiness or shall organize and label
them to correspond with the categories in the demand.
" (i) fails to allow reasonable time for compliance,
. (ii) requires a person who is not a party or an ofiicer of a party to (2) When information subject to a subpoena is withheld on a claim that it is
travel to a place more than 100 miles from the place where that person resides, privileged or subject to protection as trial preparation materials, the claim shall
is employed or regularly transacts business in person, except that, subject to the be made expressly and shall be supported by a description of the nature of the
provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to documents, communications, or things not produced that is sufficient to enable
attend the demanding party to contest the claim.