IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROYAL INDEMNITY COMPANY
Plaintiff, Civil N0. 05-165 (JJF)
V.
PEPPER HAMILTON LLP, et al.
Defendants.
CHARLES A. STANZIALE, IR.,
CHAPTER 7 TRUSTEE OF :
STUDENT FINANCE CORPORATION :
Plaintiff,
V. Civil No. 04-1551 (JIF)
PEPPER HAMJLTON LLP, et al.
Defendants.
NOTICE OF SERVICE OF SUBPOENA
PLEASE TAKE NOTICE that Defendant Pepper Hamilton, LLP, served
the attached subpoena on John Loofbourrow.
Dated: January 4, 2007
Wilmington, Delaware
Moanrs, N1cHoLs, Aasnr & TUNNELL LLP
William H. Sudeii , q. (No. 0463)
Donna L. Culver (N0. 2983)
Daniel B. Butz (No. 4227)
1201 North Market Street
P.O. Box 1347
Wilmington, Delaware 19899-1347
(302) 658-9200
(302) 658-3989 (facsimile)
Counsel for defendant Pepper Hamilton LLP
and W. Roderick Gagné
550391
Case 1 :04-cv-O1551-JJ F Docu ment 187 Filed O1/O4/2007 Page 2 of 3
* ..__..__.._.._i.. ,,,_ .. _ .. if
Issued by the
UNITED STATES DISTRICT COURT Q
SOUTHERN DISTRICT OF NEW YORK -
Charles A. Stanziale , Jr. ,
Chapter 7 Trustee of Student Finance Corporation SUBPOENA IN A CIVIL CASE
V.
Pepper Ham***¤¤ LLP· 9* SL Case Nmbgni 05-165 and 04-1551 (D. Del.)
TOC John Loofbounow
44 Wall Street, 20th Floor
New York, New York 10005
Ei YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in the above case.
PLACE or TEs'rtMoNY CDURTROOM
DATE AND TIME Z
I] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of adeposition
in the above case.
PLACE or DE1=osrT10N I DATE AND T1ME
Sehnader Harrison Segal & Lewis, LLP _ .
140 Broadway, Suite 3100, New York, New York 10005 1/29 HBO/2007 ?t 10 ` D0 a°m`
El YOU ARE COMMAZNDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects):
PLACE I DATE AND mrs
I] YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below. i
PREMISBS I DATE AND rims _
Any organization not s party to this suit that is subpoenaed for the taking of a deposition shall designate one or more ofticers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, V
the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6). _
ISSUING OFFl@R’S SIGNATURE AND TETLE (tNDtcATE IF ATr0RNB.Y Fox PLAINTIFF OR DEFENDAN17 DATE T _
J — ria! et
rssumo OFFICE ·s NAME, ADDRESS AND P1-10NE NUMBER
Stephen J. Shapiro, Esquire ’
Schnader Harrison Segal & Lewis LLP, 1600 Market Street, Suite 3600, Philadelphia, PA 19103 (215) 751-2259 ‘ I
(See Rule 45, Federalkitles of Civi1Proee
Case 1 :04-cv-01551-JJF Document 187 Filed O1/O4/2007 Page 3 0f 3
PROOF OF SERVICE
DATE PLACE
1,5,200-, 44 Wall Street, 20th Floor ·
SERVED New vom, rw mos
SERVED ON (PRINT NAME) MANNBR OF SERVICE
John Loofbourrow Acceptance of Service by Overnight Courier
SERVED BY (PRINT NAME) TITLE I
Stephan J. Shapiro, Esquire Attorney
DECLARATION OF SERVER
I declare under penalty ofpcrjury under the laws ofthe United States of America that the foregoing information contained
in the Proof of Service is true and correct.
EX€Gl1lCd on l*'4*'2°'¥*7 -
DATE SIGNATURE OF SBR
1600 Market Street, Suite 3600 `
ADDRESS OF SERVER .
Philadelphia, PA 19103 ·-
Rule 45, Federal Rules of Civil Procedure, Parts C &. D:
(e) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A party or an attorney responsible for tho issuance and service of s
subpoena ahalltake reasonable steps to avoid irnposingundue burden osexpense trial he commanded to travel Hom any such place within the state in which the
on sperson subjectto that subpoena. The courton behalf ofwhich the subpoena trial is held, or
was issued shallcnforeethisdutyandimposeupouthepartyorsltcmeyiohaeach
of this duty an appropriate sanction which may include, but is not limited to, lost (iii) requires disclosure ofprivilegsd or other protected matter and
earnings and reasonable a.ttomey’s fee. no exception or waiver applies, or A
(iv) subjects a person to undue burden. .
(2) (A) Aperson commandedto produce md permitinspection and copying `
of designated books, papers, documents or tangible things, or inspection of (B) lfa subpoena
premises need notappear inperson attlteplaee ofproduotion orinspection unless
commanded to appear for deposition, hearing or trial. (i) requires disclosure of a trade secret or other coniidentisl ’
research, development, or commercial information, or ‘
(B) Suwect to paragraph (d) (2) of this rule, a person commanded to (ii) requires disclosure of an unrctained expm’s opinion or
produce and permit inspection and copying may, within 14 days shan service of informationnot describing speciic events or occurrences in dispute and resulting
subpoena or before the time speciiied for compliance if such time is less than 14 Eom the expert’s study made not st the request of any party, or
clays aher service, serve upon the party or sttomey designated in the subpoena (iii) requires a person who is nots party orsn oficer of a party to
written objeetionto inspection or copying of any or allofthe designated matnials incur substantial expense to travel more than 100 miles to attend trial, the court
or of the premises. Ifobjection is made, the party serving the subpoena shall not may, to protect a person subject to or aEec1ed by the subpo — · a, quash or modify
be entitled to inspectand copy materials or inspecttlre premises exceptpumsant the subpoena, or, if the party in who behalf the subpoena is issued shows s
to an order ofthe courtbywhich the subpoenawas issued. lfnbjectionhas been substantial need for the testimony or material that cannot be odrerwise met -
made, thepartyserving thesubpoena may, upon notice to theperson cornrnanded without undue hardship and assures that the person to whom the subpoena is
to produce, move at any time for an order to compel the production. Such an addressed will be reasonably compensated, the court may order appearance or
order to comply production shall protect any person who is not a party or an production only upon specified conditions.
oficer of a patty from significant expense resulting lions the inspection and _
copying commanded. (d) DUTIES IN RESPONDING T0 SUBPOENA. {
(3) (A) On timely motion, the court by which a subpoena was issued shall (1) Aperson respomiingto a subpoena to produce document: shall produce '
quash or modify the subpoena if it them as they are lcept in the usual course of business or shall organize and label
lirern to correspond with the categories in the demand
(i) fails to allow reasonable time for compliance, .
(ii) requires a person who is not a party or an oliieer of a party to (2) When idomration subjectto s subpoena is withheld on a claim that it is
travelto a place more than 100 miles li·om the place wberetlsatpmon resides, is privileged orsubjeot toprotection as trialpreparation materisls,th¤ claim shall be
employed or regularly transact: business in person, except that, subject to the made expressly and shall be supported by s description of the nature of the
provisions ofclsuse (e) (3) (B) (iii) oflhis rule, such a person may in ozrler to docurn ts, communications, ortlziogs notproduceclthatissulllicientto enablethe
attend mmmdqnanding party to contest the claim.
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