Free Notice of Service - District Court of Delaware - Delaware

Case 1 :05-cv-00879-SLR Document 89 Filed 06/O9/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

PHQE ELECTRIC CORPORATION and )
PHQE ELECTRIC, INC., 3
Plaintiffs, g Civil Action No. 05-879-SLR
)
vs. g
MICK DUBEA, )
)
Defendant. )

DEFENDANT MICK DUBEA’S NOTICE OF SERVICE OF SUBPOENA DIRECTED
TO REGINALD L. BANNER
NOTICE IS HEREBY GIVEN that, in accordance with the Federal Rules of Civil
Procedure, defendant Mick Dubea intends to serve a Subpoena in a Civil Case for the deposition
of Reginald L. Banner, a copy of which is attached to this notice.
Dated: June 9, 2006 By: /X/N
e is . Lazarus (#237
hew F. Lintner (#4 1)
o eph S. Naylor (#3886)
MORRIS, JAMES, HITCHENS & WILLIAMS LLP
222 Delaware Avenue, 10th Floor
Wilmington, Delaware 19801
(302) 888-6800
Attomeys for Defendant Mick Dubea
[email protected]
[email protected]
[email protected]

Case 1 :05-cv-00879-SLR Document 89 Filed 06/O9/2006 Page 2 of 4
AO 88 (Rev. 1/94) Subpoena in a Civil Case
Issued by the
O I I
Unrted States Drstrrct Court
Middle District of North Carolina
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; Reginald L. Banner
· 331 Valleyview Drive
Mount Airy, NC 27030-5374
YOU ARE COMMANDED to a ear in the United States District Court at the lace, date, and time s ecified below to testi in the above case.
PLACE or TESTHWONY coURTRo0M
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,
pursuant to Federal Rules of Civil Procedure 26, 30 and 45 to provide testimony in connection with the facts underlying the claims and defenses
asserted in the above-referenced action.
Bell, Davis & Pitt, P.A. DATE ANDTIME
Century Plaza, Suite 600 J`¤¤¢ 28, 2006 @ 9200 am-
Winston-Salem, NC 27101
YOU ARE COMMANDED to produce and pemiit inspection and copying of the documents at the place, date, and time specified below (list
documents or ob`ects .
PLACE 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 Officer Signature and Title (Indi if attomey for Plaintiff or Defendant) Date -·
June 9, 2006
Joseph S. Naylor (Attomey for Defendant) M
Issuing Of`ficer’s Name, Address, and Pho N ber »
Joseph S. Naylor, Morris James Hitchens W' liams LLP, 222 Delaware Ave, l0"‘ Floor, Wilmington, DE 19801 . (302) 888-6800
(See Rule 45, Federal Rules of Civil Procedure Parts C & D on Reverse)

Case 1 :05-cv-00879-SLR Document 89 Filed 06/O9/2006 Page 3 of 4
AO 88 (Rev. l/94) Subpoena in a Civil Case

DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE

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
SIGNATURE OF SERVER
ADDRESS OF SERVER

(c) PROTECTION OF PERSONS SUBJECT TO SUB- (i) requires disclosure of a trade secret or other
POENAS. confidential research, development, of commercial
(1) A party or an attomey responsible for the information, or
issuance and service of a subpoena shall take reasonable (ii) requires disclosure of an unretained expert's
steps to avoid imposing undue burden or eXpenSe on 3 opinion or information not describing specific events
person subject to that subpoena. The court on behalf of or occurrences in dispute and resulting Born 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 oiiicer of a party to incur substantial expense to travel
to, lost earnings and a reasonable attomey's fee. more than 100 miles to attend trial, the court may, to
(2)(A) A person commanded 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 the
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 commanded 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 ofthe subpoena specified conditions,
or before the time specified for compliance if such time is
less than 14 days after service, serve upon the party or (d) DUTIES IN RESPONDIN G TO SUBPOENA.
attomey designated in the subpoena written objection to (1) A person responding to a subpoena to
inspection or copying of any or all ofthe 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 ofthe court by which the subpoena was issued. (2) When information 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 officer of a party from significant expense nications, or things not produced that is sufficient to
resulting from the inspection and copying commanded. enable the demanding party 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
oiiicer of a party to travel to a place more than 100
miles from the place where that person resides, is
employed or regularly transacts 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 conunanded to travel from 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 89 Filed 06/O9/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on the 9th day of Jtme, 2006, I caused to be electronically
filed the foregoing document, DEFENDANT MICK DUBEA’S NOTICE OF SUBPOENA FOR
DEPOSITION TO REGINALD L. BANNER with the Clerk of the Court using CM/ECF which
will send notification of such filing to the following as indicated below:
VIA ClVI/ECF VIA E-MAIL
William J. Wade, Esq. - Teri L. Danish, Esquire
Alyssa M. Schwartz, Esq. Rodriguez Colvin Chaney
Richards, Layton & Finger 1201 E. Van Buren
One Rodney Square Brownsville, TX 78522
P.O. Box 551
Wilmington, DE 19899
By. f\/`J
Le is . Lazarus (#237
M tthew F. Lintner (#4 1)
J seph S. Naylor (#3886)
ORRIS, JAMES, HITCHENS &
WHJLIAMS LLP
222 Delaware Avenue, 10th Floor
Wilmington, Delaware 19801
· (302) 888-6800
llazarus@morrisj ames.com
mlintner@morrisj ames.com
jnaylor@morrisj ames.com
1407153/1 2