Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :05-cv-00879-SLR Document 94 Filed 06/15/2006 Page 1 of 4
AO 88 (Rev. l/94) Subpoena in a Civil Case

Issued by the
O O O
United States District Court
Eastern District of Pennsylvania
SUBPOENA IN A CIVIL CASE
Pike Electric Corporation
and Pike Electric, Inc.,
Plaintiffs,
v.
CASE NUMBER: 05-879 (SLR)
(District of Delaware)
Mick Dubea,
Defendant.
TO: Towers, Perrin, Forster & Crosby, Inc.
Attention: J on Weinstein
Centre Square
1500 Market St
Philadelphia, PA 19 102
YOU ARE COMMANDED to a ear in the United States District Court at the lace date, and time s eciiied below to testi in the above case.
PLACE or TEsT1MONY COURTROOM
DATE AND TIME `
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, pursuant
to Federal Rule of Civil Procedure 30(b)(6), which provides, in pertinent part, that 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. The topics for the deposition are included in “Exhibit
A" attached hereto.
Morris James Hitchens & Williams LLP DATE AND TIME _
222 Delaware Ave, IO"` Floor, June 21, 2006 @ 9100 6-m.
Wilmington, DE 19801
X YOU ARE COMMANDED to produce and permit inspection and copying of the documents requested in "Exhibit A" attached hereto at the
place, date, and time specified below (list documents or objects): See Exhibit A.
PLACE l DATE AND TIME
YOU ARE COMMANDED to produce and permit inspection of the following premises at the date and time specified below.
PREMISES I DATE AND TIME
Issuing Oflic i itle ndicate if attomey for Plaintiff or Defendant) Dam
_ June 9, 2006
Matthew F. Lmt11er(Atto ey for Defendant)
Issuing Ofiicer’s Name, Address, and Phone Number
Matthew F. Lintner, Morris James Hitchens & Williams LLP, 222 Delaware Ave, 10"‘ Floor, Wilmington, DE 19801 (302) 888-6800
(See Rule 45, Federal Rules of Civil Procedure Pans C & D on Reverse)

Case 1 :05-cv-00879-SLR Docu ment 94 Filed 06/15/2006 Page 2 of 4
AO 88 Rev. l/94 Sub · oena in a Civil C e __________”_ i_rr W __rr _W"_,_
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I declare under penalty of perjury under the laws ofthe United States of America that the foregoin ;/.. ‘ — tained in the Proof of Service is tmc and
correct. _ ' ·
Executed on C9 9 OCP ' _
A ATURE OF SERVER
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ADDRESSOFSERVER UJH/Wk {Fd}

” F ` ‘‘‘‘· ·* . ‘
(c) PROTECTION OF PERSONS SUBJECT T0 SUB- (i) requires disclosure of a trade secret or other
POENAS. confidential research, development, of commercial
(l) A party or an attomey responsible for the information, or
issuance and service of a subpoena shall take reasonable (ii) requires disclosure of an umetained expert's
steps to avoid imposing undue burden or expense on a opinion or infomration not describing specific events
person subject to that subpoena. The court on behalf of or occurrences in dispute and resulting from the
which the subpoena was issued shall enforce this duty and expert's study made not at the request of any party, or
impose upon the party or attomey in breach of this duty an (iii) requires a person who is not a party or an
appropriate sanction which may include, but is not limited officer of a party to incur substantial expense to travel
to, lost eamings and a reasonable attomey's fee. more than 100 miles to attend trial, the court may, to
(2)(A) A person cormnanded to produce and protect a person subject to or affected by the
permit inspection and copying of designated books, papers, subpoena, quash or modify the subpoena or, if`tl1e
documents or tangible things or inspection of premises party in whose behalf the subpoena is issued shows a
need not appear in person at the place of production or substantial need for the testimony or material that
inspection unless conmranded to appear for deposition, cannot be otherwise met without undue hardship and
hearing or trial. assures that the person to whom the subpoena is
(2)(B) Subject to paragraph (d)(2) of this rule, a addressed will be reasonably compensated, the court
person commanded to produce and permit inspection and may order appearance or production only upon
copying may, within 14 days after service of the subpoena specified conditions.
or before the time specified for compliance if such time is
less than 14 days alter service, serve upon the party or (d) DUTIES IN RESPONDING T0 SUBPOENA.
attomey designated in the subpoena written objection to (1) A person responding to a subpoena to
inspection or copying of any or all of the designated produce documents shall produce them as they are
materials or of the premises. If objection is made, the party kept in the usual course of business or shall organize
serving the subpoena shall not be entitled to inspect and and label them to correspond with the categories in the
copy the materials or inspect the premises except pursuant demand.
to an order of the court by which the subpoena was issued. (2) When infomration subject to a subpoena is
If objection is made, the party serving the subpoena may, withheld on a claim that it is privileged or subject to
upon notice to the person commanded to produce, move at protection as trial preparation materials, the claim
any time for an order to compel the production. Such an shall be made expressly and shall be supported by a
order to compel production shall protect any person who is description of the nature of the documents, commu-
not a party or an otiicer of a party hom significant expense nications, or things not produced that is sufficient to
resulting from the inspection and copying commanded. enable the demanding par·ty to contest the claim.
(3)(A) On timely motion, the court by which a
subpoena was issued shall quash or modify the subpoena if
it (i) fails to allow reasonable time for compliance;
(ii) requires a person who is not a party or an
officer of a party to travel to aplace more than 100
miles from the place where that person resides, is
employed or regularly uansacts business in person,
except that, subject to the provisions of clause
(c)(3)(B)(iii) of this rule, such a person may in order
to attend trial be commanded to travel &om any such
place within the state in which the trial is held, or
(iii) requires disclosure of privileged or other
protected matter and no exception or waiver applies,
or(iv) subjects a person to undue burden.
(B) If a subpoena

Case 1 :05-cv-00879-SLR Document 94 Filed 06/15/2006 Page 3 of 4
_ EXHIBIT "A"
DEPOSI'I`ION TOPICS
Please produce the person most knowledgeable of the following topics:
a) the Pike Electric Executive Compensation study by Towers Perrin dated on or
about June 22, 2005, and all drafts thereof (the "Study"), undertaken at the request of
Pike Electric Inc. and/or its investment counselors, Lindsay Goldberg & Bessemer
("LGB");
b) the collection and review of employment agreements of competitors of Pike
- j undertaken in conjunction with the Study;
c) the terms of the employment agreements of competitors of Pike collected in
conjunction with the Study;
d) Towers Perrin’s recommendations to Pike relating to drait employment
agreements for Pike officers, and specitically the basis for Towers Perrin’s
recommendations relating to noncompetiton provisions of such draft agreements.
wsoi 14071sm . l

Case 1:05-cv-00879-SLR Document 94 Filed 06/15/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on the 9th day of June, 2006, I caused to be electronically
filed the foregoing document, DEFENDANT MICK DUBEA’S NOTICE OF SERVICE
OFDEPOSITION SUBPOENA PURSUANT TO RULE 30(B)(6) DIRECTED TO TOWERS,
PERRIN, FORSTER & CROSBY, INC. with the Clerk of the Court using CM/ECF which will
send notification of such filing to the following as indicated below:
VIA CM/ECF
William J. Wade, Esq. VIA E-MAIL
Alyssa M. Schwartz, Esq. Teri L. Danish, Esquire
Richards, Layton & Finger Rodriguez Colvin Chaney
One Rodney Square 1201 E. Van Buren
P.O. Box 551 Brownsville, TX 78522
Wilmington, DE 19899
By:
Lewis H. Lazarus (#2374) .
Matthew F. Lintner (#4371)
Joseph S. Naylor (#3886)
Jason C. Jowers (#4721)
MORRIS, JAMES, HITCI-IENS &
WILLIAMS LLP
222 Delaware Avenue, IO"` Floor
Wilmington, Delaware 19801
(302) 888-6800
[email protected]
[email protected]
[email protected]
[email protected]
1405213/1 2