Free Subpoena - District Court of Delaware - Delaware


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Date: November 30, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1 :05-cv-00891-SLR Document 34 Filed 1 1/30/2006 Page 1 of 3

Issued by the
UNITED STATES Disratcr Count
DISTRICT OF DELAWARE
LINDA J. BLOZIS SUBPOENA IN A CIVIL CASE
V.
MELLON TRUST OF DELAVVARE,
NATIONAL ASSOCIATION, ET AL. Case Numberzl 05-891 SLR
TO: Gregg Landis c/o Thad Bracegirdle, Esquire,
Reed Smith LLP, 1201 Market Street-Suite 1500
\Vi1mingt0n, DE 19801
I] 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 or TESTIMONY CouRTRooM
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 or DEPOSITION DATE AND TIME
Law Oftice oflohn M. LaR0sa, Two East 7"‘ Street, Suite 302, Wilmington, Delaware l980l-3707 12/2 I/2006 @ 1:00 pm.
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 l DATE AND TIME
I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES I 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 OFF1CER'S SIGNATURE AND TITLE (IND1cATE IF ATTORNEY ron PLAINTIFF OR DEFENDANT) DATE
. 27 ,25géK ATTORNEY roa PLAINTIFF H /30,06
IssuINo 0t=FICER’s NAME, ADDRESS AND PHONE NUMBER
John M. LaRosa. Esquire
Two East 7*** Street, Suite 302, Wilmington, Delaware l980l—3'/07
(392) 333-1299
(See Rule 45, Federal Rules of Civil Procedure, Pans C & D on next page)
‘ lf action is pending in district other Lhan district ofissuance, state district under case number.

T :: :· ·- 1 are . \1¢·;.-.nr».t!e 0891 -SLFI Document 34 Filed 11/30/2006 Pa e 2 of 3
PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
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 and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER

Rule 45· Fsdsolelstésa @>c§§1e·lPotr8@*r¢Ql2Fe C ‘°D'Bcument 34 Filed 1 1/30/2006 Page 3 er 3
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A pany or an attomey responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden 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 attorney 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
eamings 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 pemrit inspection and copying
of designated books, papers, documents or tangible things, or inspection of (B) lf a 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 contidential
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 pemrit inspection and copying may, within l4 days alter service of infomation not describing specific events or occurrences in dispute and resulting
subpoena or before the time specined for compliance if such time is less than 14 from the expert‘s study made not at the request of any party, or
days after service, serve upon the party or attomey designated in the subpoena (iii) requires a person who is not a party or an oflicer of a party to
written objection to inspection or copying of any or all of the designated materials incur substantial expense to travel more than l00 miles to attend trial, the court
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 court by which the subpoena was issued. lfobjection has been substantial need for the testimony or material that cannot be otherwise met
made, the party serving 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 court may order appearance or
order to comply production shall protect any person who is not a party or an production only upon speciiicd conditions.
oflicer of a party from signiiicant expense resulting from the inspection and
copying commanded. (d) DUTIES IN RESPONDING TO SUBPOENA.
(3) (A) On timely motion, the court by which a subpoena was issued shall (I) A person responding to a subpoena to produce documents shall produce
quzmh or modify the subpoena if it 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 officer 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 IOO 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 exprnsly 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 suflicient to enable
attend the demanding party to contest the claim.