Free Subpoena Returned Executed - District Court of Delaware - Delaware

r Case 1 :05-cv—00880-GIVIS Document 29 Filed 10/12/2006 Page 1 of 2

Issued by the
UNITED STATES DISTRICT COURT
. FOR THE DISTRICT OF DELAWARE
SUBPOENA IN A CIVIL CASE
ST. PAUL TRAVELERS COMPANIES, NC. and
DAISY CONSTRUCTION COMPANY,
Plaintiffs,
v. CASE NUMBER: 05»880 (KA.?)
WALPAR, INC.,
Defendant
AND
DAISY CONSTRUCTION COMPANY,
Third-Party Plaintiff,
v.
SPECIALTY SERVICE CONTRACTORS, INC., ‘
Third-Party Defendant.
TOC Michael Houghton, Esq., Morris, Nichols, Arsht & Tunnell,
1201 N. Market Street, P.O. Box 1347, Wilmington, DE 19899
1:1 YOU ARE COMMANBED to appear in the United States Qistrict Court at the place, date and time
specified betow to testify in the above case.

PLACE OF nisnmorcv COURTROOM
AND time
[ 1 YOU ARE COMMAN DED to appear at the piace, date, and time specified betow to testify at the taking
of a deposition in the above case.
PLACE or DEPOSHION DATE AND DME

[ X 1 YOU ARE COMMANDED to produce and permit inspection and copying ofthe foilowing documents
or objects at the place, date and time specified below (list documents or objects}:
See attached Schedule "A"
mics DATE AND time
Connotty Bova Lonon & Hurz LLP
1007 N. Orange Street, 9°‘ Floor, Wilmington, DE 19801 30 clays from date of service
[ I YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified
below.
PR£MlSES - DATE AND nm
Any organization not a party to this sui! 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 Civit Procedure, 30[ b it 6 t.
lSSUl OFFICER siawmuns AND TITLE (INDICATE ir ATTORNEY rox Puxanrltt on DEFENDANT) DATE
% x J D tf Attorney for Specialty Service Contractors, Inc. 10-04-06
- - is me OFFlCER'S NAME, ADDRE s AND PHONE NUMBER
Eames D. Heisman (DE Bar No. 2746)
CONNOLLY BOVE LODGE & HUTZ LLP
E007 N. Orange Street, Wilmington, DE 19801
g302i 658-9}.41
490800

- I ’ Case 1 :05-cv—00880-GIVIS Document 29 Filed 10/12/2006 Page 2 of 2

PROOF OF SERVICE
wt Z0 /[0/0 (s *’lA¢¤ lloi Al MAm<.e·r» S+
»*‘
SERVED ON (PMN? NAME) MANNER OF SERVICE
FL,<-l»»bcui‘5 l/lc,/tai, gg; kilrtnllb NT Z.“t‘Ff#i“\—
S£RVED BY {PMN? NAME) TlTl.£
x
BCA) l/0l»tG—l~l6“i°Ib P/Lvl Cries
DECLARAHON OF SERVER
I declare under penalty of perjury under the laws of the United States of American that the
foregoing information contained inthe Proof of Service is true and correct.
Executed on L6;} 0[ (ltr
`Al SEGNATURE OF SEl·2VE
Aooness or srzsvea 2,50 Al /YlA‘rf.lCl§¥j·· §t·
OJ link ee t?`?<‘Jl
Rule 45, Federal Rules of Civii Procedure, Parts C Sr D:
{cl PROTECTION OF PERSONS St.lB5ECT TO SUB?OENAS. business in person, except that, subject to the provisions of
clause [c)(3){B}(iii] ot this rule, such a person may in order to
(ll A party or an attorney responsibte for the issuance and attend trial be commanded to travel from any sucln place
service ot a subpoena snail take reasonable steps to avoid within the state in which the trial is held, or
imposing undue burden or expense on a person subject to that (iii} requires disclosure of priviieged or other protected
subpoena. The court on behalf of which the subpoena was material and no exception or waiver applies, or
issued shatl enforce this duty and impose upon the party or (iv} subjects a person to undue burden.
attorney in breach of this duty an appropriate sanction, which {B) lf a subpoena
may include, but is not limited to. iost earnings and a {I) requires `a disclosure of a trade secret or other
reasonabte attorney’s tee. confidential research, deveiopment. or commerciat
information, or _
(2l(A} A person commanded to produce and permit iii} requires disclosure of an unrelained experts
inspection and copying of designated books, papers, opinion or information not describing specific events or
documents or tangible things. or inspection of premises need occurrences in dispute and resulting trom the experts study
not appear in person at the ptace of production or inspection made not at the request of any party, or
unless commanded to appear for deposition, hearing or trial. (iii] requires a person who is not a party or an officer
of Cl party to incur substantial expense to travel more than IGO
(Bj Subject to paragraph (d}(2} of this rule. a person mites to attend trial, the court may, to proteclaperson subject
commanded to produce and permit inspection ana copying to or affected by the subpoena, quash or modéiy the
may. within I4days after service of the subpoena or before the subpoena or, it the party tn whose behaif the subpoena is
time specitéed for comptiance if sucb time is less than I4 days issued shows a substantial need for the testimony or material
after service, serve upon the party or attorney designated in the that cannot be otherwise met without undue hardship and
subpoena written objection to inspection or copying of any or assures th person to whom the subpoena is addressed will be
all of the designated materials or of ine premises. lf objection is reasonably compensated, the coun may order appearance or
made, the party sewing the subpoena shalt not be entitted to production only upon speciiled conditions.
inspect and copy the materials or inspect the premises except
pursuant to an order of the court by which the subpoena was ld) DUTIES EN RESPONDING TO SUBPOENA
issued. lt objection has been made, the pany serving the
subpoena may, upon notice to the person commanded to {I] A person responding to a subpoena to produce
produce, move at any time for an order to compel the documents shall produce them as they are kept in the usuat
production. Such an order to compet production shall protect course of business or snail organize and labei them to
any person who is not a party or an officer of a party from correspond with the categories in the demand.
significant expense resuiting from the inspection and copying
‘ commanded. {Z) When information subject lo a subpoena is withheld on
a ctaim that it is privileged or subject to protection as trial
{3}(A) On timely motion, the court by which a subpoena was preparation materials, ine ctaim shalt be made expressly and
issued snail quash or modify the subpoena it lt shatl be supported by a description of the nature ot the
(ij taiis to allow reasonable time for compliance; documents, communications, or things not produced that is
(ii) requires a person who is not a party or an otticer of sufficient to enable the demanding party o contest the claim.
a party to travel to a piace more than tO0 mites from the place
where that person resides, is employed or regularly transacts
490890