Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:04-cv-01565-SLR Document 115-2 Filed O3/22/2007 Page 1 of 2
AO 88 (Rev. 11/94) Subpoena in a Civil Case h
Issued by the
` UNITED STATES DISTRICT COURT _
Eastern DISTRICT OF Pennsylvania ‘
ARLIN M. ADAMS, Chapter ll Trustee of »
the Post; ~Conf:Lrmat;i.on Bankruptcy “-
‘ Estates of CORAM HEALTHCARE . ”
coRDoRATJ;oN , a Delaware Corp . , et al . SUBPOENA IN A CIVIL CASE _
v. ‘
DANIEL D. craowner, DONALD J . AMARAL, _ Case N¤ml>¤*= Misc - _ _ ·
WILLIAM J . CASEY, L . PETER SMITH, AND Pending in USDC District of · _
‘ SANDRA L. SMOLEY Delaware Case No. 04-1565 (SLR)
TO: Michael Saracco A · _
c/o Barry Bressler, Schnader Harrison Segal. &‘ Lewis LLP; 1500 Market Street, Ste . 3600
Philadelphia, PA 19101%-7286. Telephone: (215) 751-2000 _
YOU ARE COMMAND]-ED to appear in the United States District Court at the place, date, and time speciiied below to Q
testify in the above case. I
‘ PLACE or TESTIMONY A COURTROOM Q_
DATE AND TlME l ` ai
X YOU ARE COMMANDED to appear at the place, date, and time specitiedibelow to testify at the taking of a deposition in _
_ the above case. ‘ .
PLACE OF DEPoslTroN C DATE AND TIME . MATYMTQWW iiiiiil
‘ Ballard, Spahr, Andrews E Ingersoll , LLP, 51st Floor, 1735 1VlB.1`Ch 3 0 , 2 O O7‘ ‘ _
Market Street , Philadelphia PA 19103 -7599; 215 ..665 . 8500 10:0 O at .‘m.
l;] YOU ARE COMIVIANDED to produce and permit inspection and copying ofthe following documents or objects at the ’· _
place, date, and time specitied below (list documents or obj ects): '
PLACE DATE AND TIME ·
" 1;] YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below. _ I
PREMlSES DATE AND TIME I ·
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, if
I directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, Q
the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6). _ ..
issu cER‘s sieNA@E A INDICATE ir= ATTORNEY Foe i¤LAiNTit=i= OR DEFENDANT) [ DATE I
. Att rne s QE f nt: Daniel D. Crowle March 21 2007 r.
issuine OFFlCER'S NAME ADDRESS AND TELEPHONE NUMBER _ L
WARREN BRAUNIG, KEKER & VAN NEST, LLP, 710 Sansome Street, San Francisco, CA =‘
94111, Telephone: 4].5.391.540O , .
(See Rule 45, Fedeml Rules of Civil Procedure, parts C & D on reverse) 5 _;
I lfaetion is pending in district other than district of issuance. stare district under case number. `
_ Ao-as ·

Case 1 :04-cv—O1565-SLR Docu ment 1 15-2 Filed O3/22/2007 Page 2 of 2
AO 88 [gev. 11/94) Subpoena in a Civil Case
l _ PROOF OF SERVICE
' DATE PLACE 3
senveo l
_._......
senveo on (easur NAME) MANNER ¤F SERVICE .
i . , Z
SERVED BY (PRINT NAME) TITLE · ·
____ DECLARATION OF SERVER
` I declare under penalty of perjury under the laws ofthe United States of America that the foregoing information contained in the E-
i _ Proof of Service is true and correct. . A
i Executed on ;_
i DATE SIGNATURE OF SERVER
l _ i
U ADDRESS OF SERVER _ . l
Rule 45, Federal Rules of Civil Procedure, Parts C & D: V " · `
(°) PROTECTION OF PERSONS SUBJECT T0 SUBPOENAS· * the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to ’
·(i) A party Oi- im aiiomey raspcnsibic for (hc issuance and service attend trial be commanded to travel from any such placewithin the state in which Q
__ of cit subpoena shall take reasonable steps to avoid imposing undue the mal is held. GF the d¤¤l¤¤dl¤E PNY [0 ¤0¤t€$¥ tht? ¤lQl¥¤- V v
bur en or expense on a person subject to that subpoena. The court on - · - i- - · ‘ · '
behalf of which the subpoena was issued shall enforce this duty and · ,,0 exccpiioiglgg Jgiggcgpgiiggoggrc O prmlcgcd me other prmqcmd mmm- and . ?·
impose upon the party or attomey in breach of this duty an appropriate . ( , , ’
sanction which may include, but is not limited to, lost eamings and (W) SubJ€°[S a Pclsml YD undue human-
reasonable attorneys fee. ` (B) [fa subpoena f
· (2) (A) A Pmuii commanded to pi-minus mid pgnnit inspection and (i) requires disclosure of a trade secret or other confidential research, Z.
copying of designated books, papers, documents or tangible things, or d¤V¤i¤Dm¤¤T» 0I' ¤¤1'¤¤1¤F¤1¤}1¤f¤Ff¤¤i¤¤¤· 0F ‘ ’
inspection vfinrcmises UBBS Tam ¤PP€¤l' ll} P°(§$°¤ atthe glam? °fPl'°q“°ll°“ °" (ii) requires disclosure of an unretained expert's opinion or infomration
\¤SP¤¤¤0¤ ¤¤ **55 ¤¤¤¤m¤¤ E ¥¤ ¤PP€8T 0F €P¤$l¤¤¤» ¤¤¤¤g 0l’ mak not describing specific events or occurrences in dispute and resulting from the I
(B) Subject to paragraph (ci) (2) of this rule, a person commanded to expert S smdzimdg riot at the mquast °f_°my pam" M `
produce and permit inspection and copying may, within 14 days after service _ im? Tecll-MES a P°'$°¤ who *5 mt a Pmbf °*` an ¤Hl¤°\’ Of ¤ P¤l’tY \¤ ·
of subpoena or before the time specified for compliance if such time is less incur substantial expenseto travel more than 100 miles to attend trial, the court; '
than l4 days after service, serve upon the party or attorney designated in the may, to protect a perscn subject to cr affected by the subpoena, quash or modify
subpoena written objection to inspection or copying ef any or all of the the subpoena, or if the party in . who behalf the subpoena is issued shows a
designated materials or ofthe premises. Ifobjection is made, the party serving substantial need for the testimony or material that cannot be otherwise met without
the subpoena shall not be entitled to inspectand copy materials or inspect the undue hardship and assures that the person to whom the subpoena is addressed .
PF¤m1S¤S ¤K¤¢Pf P¤1'5¤¤¤t to ¤¤ order of W6 ¤¤¤¤ by Whwh ih¤ SUbD¤¤¤6 was will be reasonably compensated, the court may order appearance or production
_ issued. lf objection has been made, the party serving the subpoena may, upon Oiiiy upon Spcciiied condition; ·
notice to the person commanded to produce, move at any time for an order to ·
compel the production. Such an order to comply production shall protect any (d) DUTIES IN RESYONDING T0 SUBPOENA· g
person who is not a party or an oHicer of a party from signiilcant expense (1) A »
. . . . person responding to a subpoena to produce documents shall produce g
’°““"‘“g "‘°"‘ “‘° ‘“$l’*°"°“ ed °°l"""g °°‘“"’““d°d· them as they are kept ill me usual course or business or shall organize aha label · .
(3) (A) oh thhery mariah, the com by which a subpoena was issued shall them M ¤¤¤~·=Sr>¤¤¤ with th<= ¤¤¤¤a¤ri¤S in the d¤m¤¤d· __
quash or modify the subpoena if it _ _ _ _ _ { _
_ _ ' _ (2) When information subject to a subpoena is withheld on a claim that is
(1) fails to allow reasonable Ulm f¤¤‘ ¤0mP}1¤¤¤¤, privileged or subject to protection as trial preparation materials, the claim shall be §
(ii) requires ii pci-Sim who is not a party Oi. an Oiiicei. 0{ii pany io made expressly and! shall be supported by a description of the nature of the i
travel to a place more than lOO miles from the place where that person resides, documents, commumcatrons, or things not produced that rs sufticient to enable the -
is employed or regularly transaots business in person, except that, subject to demanding party to contest the claim. 3