Free Response - District Court of Colorado - Colorado

Case 1:04-cv-01009-EWN-MEH

Document 75

Filed 03/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01009-EWN-MEH MARIAN J. BARCIKOWSKI, Plaintiff, v. SUN MICROSYSTEMS, INC., a Delaware corporation, Defendant. ______________________________________________________________________________ DEFENDANT'S RESPONSE AND OBJECTION TO SUBPOENA ______________________________________________________________________________ Sun Microsystems, Inc. ("Sun") responds and objects to plaintiff's subpoena dated March 22, 2006, as follows: 1. Counsel for Sun received a subpoena dated March 22, 2006, a copy of which is

attached. Counsel for Sun agreed to accept service of that subpoena on behalf of Sun. 2. Pursuant to Rule 45(c)(2)(B), Sun objects to producing the documents described

in Attachment A to that subpoena on the following grounds: (a) The subpoena is an untimely attempt to obtain discovery. The discovery

cutoff in this case passed months ago. (b) The subpoena seeks documents which are neither relevant nor reasonably

calculated to lead to the discovery of admissible evidence. (c) 3. Paragraph 1 of Attachment A to the subpoena is overly broad and vague.

Regarding paragraph 2 of Attachment A to the subpoena, Sun had no personnel

policies effective between January 2 and February 12, 2002, pertaining to "administrative leave;"

Case 1:04-cv-01009-EWN-MEH

Document 75

Filed 03/30/2006

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however, in response to plaintiff's discovery requests, Sun previously produced a copy of its Gross Misconduct Policy which provides that "An employee engaged in acts deemed by management to be harmful to Sun's interests may be required by his or her supervisor to immediately leave Sun's premises pending further investigation." Respectfully submitted this 30th day of March, 2006.

s/ Steven J. Merker ___________________________________ Steven J. Merker R. Stephen Hall DORSEY & WHITNEY LLP 370 17th Street, Suite 4700 Denver, Colorado 80202 PH: (303) 629-3400 FAX (303) 629-3450 [email protected] ATTORNEYS FOR DEFENDANT SUN MICROSYSTEMS, INC.

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Case 1:04-cv-01009-EWN-MEH

Document 75

Filed 03/30/2006

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 30th, 2006, I caused the foregoing document, titled DEFENDANT'S RESPONSE AND OBJECTION TO SUBPOENA , to be electronically filed with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email address: Barry D. Roseman, Esq. Roseman & Kazmierski, L.L.C. [email protected]

s/ Steven J. Merker ___________________________________ Steven J. Merker R. Stephen Hall DORSEY & WHITNEY LLP 370 17th Street, Suite 4700 Denver, Colorado 80202 PH: (303) 629-3400 FAX (303) 629-3450 [email protected] ATTORNEYS FOR DEFENDANT SUN MICROSYSTEMS, INC.

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4843-2413-7984\1 3/30/2006