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-SLF1 Document 31 Filed 11/30/2006 Page 1 of 3

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 Number:' 05-891 SLR
TO: Rosemary Thomas c/o Thad Bracegirdle, Esquire,
Reed Smith LLP, 1201 Market Street-Suite 1500
P \Vilmington, 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 OF TEsT1MoNv 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 OF DEPOsiTiON DATE AND TIME
Law Office oflohn M. LaRosa, Two East 7“‘ Street, Suite 302, Wilmington, Delaware 19801-3707 I2/lg/2006 @ 9:30 am-
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 TTME
[I YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
PREMISES I DATE AND TIME
Any organization not a party to this suit tlriatis sulipoenaed for {He tH5Hg of a deposition sliall des1gnaf .
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).
1ssu1No OFFlCER’S SIGNATURE AND TlTLE (INDICATE IF ATTORNEY POR PLAINTIFF OR DEEENDANT) DATE
% 777 ,5%% ATTORNEY POR PLAINTIFF I I/30/06
1ssu1NG oPP1CER‘s NAME, ADDRESS AND PHONE NUMBER
John M. LaRosa, Esquire
Two East 7"‘ Street, Suite 302, Wilmington, Delaware 19801-3707
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
' lf action is pending in district other than district ofissuance, state district under case number.

.•;; nr » i. !•,¤·s 0891-SLR Document 31 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 peualty 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 4$·F¢d¢¤@jal*sl%¢$1e6§Lt1l/P0t98<9·t¤€§’&¤R C &UE5cument 31 Filed 1 1/30/2006 Page 3 er 3
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(I) A party or an attomey responsible for thc issuance and service of a
subpoena shall take reasonable steps to avoid imposing unduc 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
ofthis duty an appropriate sanction which may include, but is not limited to, lost (iii) requires disclosure ofprivileged 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 permit inspection and copying
of designated books, papers, documents or tangible things, or inspection of (B) Ifasubpoena
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) ol' this rule, a person commanded to (ii) requires disclosure of an unretained expert’s opinion or
produce and pcmtit inspection and copying may, within I4 days after service of infomation not describing specific events or occurrences in dispute and resulting
subpoena or before the time specified for compliance if such time is less than I4 from the expert’s study made not at the request of any party, or
days after service, serve upon the pany or attorney 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 copying of any or all ofthe designated materials incur substantial expense to travel more than l00 miles to attend trial, the court
or of the 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
becntitled 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 ofthe court 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 court 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 ofa party from significant 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 docutnems shall produce
quash 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 titne for compliance,
(ii) requires a person who is not a party or an officer ofa party to (2) When infomation 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 zu 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 ofthe 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 thc claim.