Free Motion for Order to Show Cause - District Court of Federal Claims - federal

Case 1:05-cv-00186-FMA

Document 29-2

Filed 01/29/2007

Page 1 of 2

FORM 6
SUBPOENA

Wníteb ~tate~ QCourt of $eberaI QClaím~
LAVETTA ELK

vs.

No.

Ò5-l86h;

THE UNITED STATES

SUBPOENA
To:

Sgt. Joseph Kopf 1st Battalion 5th Field Fort Riley, KS 66442
Place

Artillery

1.

YOU ARE COMMANDED to of Testimony: YOU ARE COMMANDED to

appear at the place, date, and time specified below to testify in the above-captioned case.

Date and Time:
2.

appear at the place, date, and time specified below to testify at the taking

of a deposition

in the above-captioned P I ace OJ DepositIOn: ,{'
.

3.

Date and Time: YOU ARE COMMANDED
Place: Date and Time:

to produce and permit inspection and copying place, date, and time specified below (list documents or objects):

.120
a

case.

Ball Myers, Pol trans Sunset Avenue Hanhattan, K:; bb502 January 24, 2007 at 10: 00 A.M.
of the following documents or objects at the

&

4.

YOU ARE COMMANDED
Premises:

to permit inspection

of the following premises at

the date and time specified below.

Date and Time:
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 whi h the R on will testify.
ISSUING OFFICER

Any organization not

~RE,

AND TÏTLE (

ICKt~ho:;;Y
&

OR

~~IFF

Mermelstein Es. Herman ISSUING OFFICER'S NAME, ADDRESS, AND PHONE NUMBER
-

Adam

D. Horowitz

Suite 2218, Miami, FL

NOTE If the place of travel is more than 100 miles (by the shortest usual means of travel) from the place where the subpoena is served, or if the place of the deposition is more than 100 miles from the place where the deponent resides, is employed, or transacts business in person, the person served may regard the command as optional unless there is attached to the subpoena an order of the court requiring hislher appearance notwithstanding the distance of travel. In any event, response to the subpoena will entitle the person to the fees and mileage allowed by law. (28 U.S.c. S1821)

~/
P.A.

O~)

0) ~AT~

~

18205 Bisca ne Blvd. 33160 (305) 931-2200

PROOF OF SERVICE
DATE

SERVED

SERVEDON(PRINTNAME)

.. I

f 0a-J

/ ! /.J1

PLACE

~

iI.J~~~1!f /jVß.

~. JZ

tJSII/l;/

KIlIY

MANNER.OF

SERVICEfwSq-;Jß/L

136

Case 1:05-cv-00186-FMA

Document 29-2

Filed 01/29/2007

Page 2 of 2

Fees tendered for one day's attendance and mileage allowed by law. (Fees and mileage need not be tendered when the subpoena is issued on behalf of the United States or an officer or agency thereof.)
o

DECLARATION OF SERVICE
I declare under penalty
is true and correct.

of peIjury under the laws of the United

States

of America

that the foregoing information contained in the Proof of Service
~

E'ttu'ol '"

''''l-ðì DA,d

Sl(60~ l-7 rw
'&J
ADDRESS

t/7ANfiz~

'it

f)

ßIÇXI1: 11t tt.tðY
)

OF SERVER

RCFC45.
(c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden
or expense on a person subject to that subpoena. The court 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 earnings and a reasonable attorney's fee. (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce,

move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the court shall quash or modify the subpoena ifit (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 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 a person may in order to attend trial be commanded to travel from any such place, or

of clause (c)(3)(B)(iii) of this

rule, such

(iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden.

(B) Ifa subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the
subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.

shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim

(d) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents

137