Free Notice (Other) - District Court of Delaware - Delaware

Case 1:04-cv-01339-SLR Document 129 Filed O2/26/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT 1
FOR THE DISTRICT OF DELAWARE A
IN RE ALH HOLDINGS LLC ) Consol. C.A. N0. 04-1339-SLR t
)
NOTICE OF SUBPOENA I
Defendants and Counterclaim Plaintiffs, Abraham Arenson, A. Arenson Holdings, . t
Ltd., D.A. Gardens, Ltd., J12ALH Associates, SELK, LLC and Laurel Equity Group,
_ LLC hereby notify Plaintiffs and Counterclaim Defendants, Shamrock Holdings of
California, Inc., Shamrock Capital Advisors, Inc., Eugene I. Krieger, George J. Buchler I
and Bruce J. Stein that they have or will serve the attached subpoena on Anthony G.
Avila calling for his deposition on March 8, 2007 at 9:00 a.m. at the offices of Stein &
Lubin LLP, 600 Montgomery Street, 14th Floor, San Francisco, CA 94111. A I
? I Eillgg, I
SEAN J. ELLEW (#4072)
DAVID A. F ELICE (#4090) 1
Chase Manhattan Centre A
1201 N. Market Street, Suite 1400 g
Wilmington, DE 19801 1
(302) 295-2000 .
(302) 295-2013 (Fax) I
Attorneys for Dekndcznts/Counterclaim Plaintmfs
Of Counsel:
Thomas M. Wood, IV 1
Neuberger, Quinn, Gielen, Rubin & Gibber, P.A. 1
One South Street, 27th Floor
Baltimore, Maryland 21202-3201
(410) 332-8523 (Direct)
(410) 332-8564 (Fax)

Case 1:04-cv-01339-SLR Document 129 Filed 02/26/2007 Page 2 of 3 ti
. Issued by the .
UNITED STATES DISTRICT COURT ·‘
NORTHERN DISTRICT OF CALIFORNIA .
In re ALH Holdings, LLC
Case Number: 04-1339-SLR
(pending in the United States District Comt for the ‘ I
. District of Delaware)
SUBPOENA IN CIVIL CASE _ A
TO: Anthony G. Avila L A
c/o Michael Donner, Esq. * · S
S Stein & Lubin LLP A
600 Montgomery Street, 14th Floor ,
San Francisco, CA 94111 ,
EI YOU ARE COMMANDED to appear in the United States District Court at the place, date and time specified below to Q _
testi in the above case. ‘ *
PLACE or TEsT1MoNv ‘ counmzoom
DATE ANDTIME `
IX} YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition f
in the above case. . g
PLACE or DEI>os1T1oN · DATE AND TIME U
609 M¤¤tg¤m<=ry sited » March 8, 2007 at 9:00 am.
Su1te 110
San Francisco, CA 94111 A
El YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the ‘ A
place, date, and time specified below (list documents or objects): See Exhibit A hereto ' A
PLACE Q DATE AND TIME ¤ _ 4
EI YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. _ A
PREMISES ’ DATE AND TIME Y
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more ni A
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 which the person will testify. Federal Rules of Civil Procedure, 30(b)(6),
Issumc OFFICER s1i1)z‘uI=.E AND Trr1.E(1ND1cATE IF ATTORNEY Fon PLAINTIFF on DEEENDANT) DATE it
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER ‘ (
Thomas M. Wood, IV, Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., One South Street, 27'h Floor, Baltimore, Maryland 21202 I-
(410) 332-8523, Attomey for Defendants I

Case 1 :04-cv-01339-SLR Document 129 Filed O2/26/2007 Page 3 of 3 j
PROOF OF SERVICE
SERVED ON (PRINT NAME) MANNER OF SERVICE (
SERVED BY (PRINT NAME) TITLE: ;
DECLARATION OF SERVER I
I declare under penalty of perjury under the United States of America that the foregoing information
contained in the Proof of Service is true and correct. A
Executed on . ‘
Date Signature of Server
Address of Server
Rule 45, Federal Rules of Civil Procedure, Parts C & D: _
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. where that person resides, is employed or regularly transacts ‘
business in person, except that, subject to the provisions of clause
(1) A party or an attorney responsible for the issuance and (c)(3)(B)(iii) of this rule, such a person may in order to attend trial
service of a subpoena shall take reasonable steps to avoid imposing be commanded to travel from any such place within the state in
undue burden or expense on a person subject to that subpoena. The which the trial is held, or
court on behalf of which the subpoena was issued shall enforce this (iii) requires disclosure of privileged or other
duty and impose upon the party or attomey in breach of this duty an protected matter and no exception or waiver applies, or j
appropriate sanction which may include, but is not limited to, lost (iv) subjects a person to undue burden. I
earnings and a reasonable attomey's fee. (B) If a subpoena A
(i) requires disclosure of a trade secret or other
(2) (A) A person commanded to produce and permit confidential research, development, or commercial infomiation, or ‘
inspection and copying of designated books, papers, documents or _ (ii) requires disclosrne of any unretained expert's
tangible things, or inspection of premises need not appear in person opinion or information not describing specific events or occurrences .
at the place of production or inspection unless commanded to in dispute and resulting from the expert's study made not at the i
appear for deposition, hearing or trial. request of any party, or _ .
(iii) requires a person who is not a party or an officer ’ _
(B) Subject to paragraph (d) (2) of this rule, a person com- of a party to incur substantial expense to travel more than 100 miles .,
manded to produce and permit inspection and copying may, within to attend trial, the court may, to protect a person subject to or _
14 days after service of the subpoena or before the time specified affected by the subpoena, quash or modify the subpoena or, if the .
for compliance if such time is less than 14 days after service, serve party in whose behalf the subpoena is issued shows a substantial
upon the party or attomey designated in the subpoena written objec- need for the testimony or material that cannot be otherwise met
tion to inspection or copying of any or all of the designated without undue hardship and assures that the person to whom the
materials or of the premises. If objection is made, the party sewing _subpoena is addressed will be reasonably compensated, the court , .
the subpoena shall not be entitled to inspect and copy materials or may order appearance or production only upon specified conditions. __ _ y
inspect the premises except pursuant to an order ofthe cotut by 'Q i
which the subpoena was issued. If objection has been made, the (d) DUTIES IN RESPONDIN G TO SUBPOENA.
party serving the subpoena may, upon notice to the person -
commanded to produce, move at any time for an order to compel (1) A person responding to a subpoena to produce documents
the production. Such an order to comply production shall protect shall produce them as they are kept in the usual course of business e
any person who is not a party or an officer of a party from or shall organize and label them to correspond with categories in
significant expense resulting from the inspection and copying the demand. I
commanded. _ I
(2) When information subject to a subpoena is withheld on a
(3) (A) On timely motion, the court by which subpoena was claim that it is privileged or subject to protection as trial preparation
issued shall quash or modify the subpoena if it materials, the claim shall be made expressly and shall be supported _ ‘
by a description ofthe nature of the documents, communications, or
(i) fails to allow reasonable time for compliance; things not produced that is sufficient to enable the demanding party ` · .
(ii) requires a person who is not a party or an officer to contest the claim. ; .
of a party to travel to place more than 100 miles from the place I