Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

AO as gR¤vG@eutlg6L¢l¤eu<§lAr2&4=ddll5r wraE)¢1mu ment 49-5 Filed 01/31/2006 Pagg 1 gf _2
Issued by the
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FLOWSERVE CORPORATION,
SUBPOENA IN A CIVIL CASE
V.
. 1 _
Burma INTERNATIONAL sizavicss coapon/mow, CASE "“'Y'BER· O4 *294 JJF
E-I-AL D1s1;1r1ct; of Delaware
TO: Franci J. Blassberg, Esquire
Debevoise and Plimpton, 919 Third Avenue
New York, NY 10022
I:] YOU ARE COM MANDED to appear in the United States District Court at the place, date, and time specified below to testify
in the above case.
PLACE OF TESTIMONY COURTROOM
DATE AND TIME
m YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case.
PLACE OF DEPOSITION DATE AND TIME
Segal, McCambridge, Singer & Mahoney, Ltd., 830 Third Avenue, Suite 400 -
New York! NY 10022 To be determined
El YOU ARE COMMANDED to produce and permit inspect ion and copying ofthe following documents or objects at the place,
date, and time specified below (list documents or objects):
PLACE IDATE AND TIME
IIIYOU ARE COMMANDED to permit inspection of the following premises at the date and time specitled below.
PREMISES IDATE AND TIME
Any organization not a 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 which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEIENDANT) IDATE
ISSUING OFF|CER‘S NAME, ADDRESS AND PHONE NUMBER
Erich Gleber, Esquire, Segal, McCambridge, Singer & Mahoney
830 Thurd Avenue, Suite 400, New York, NY 10022
(See Rule 45, Federal Rules ol Civil Procedure, Parts C 8. D on Reverse)
1 lf action is pending in district other than district of issuance, state district mder case number.

AO 88 R9 Q5: www = s · = All ‘ Butts n - • Page 2 of 2

PROOF OF SERVICE

DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE

DECLARA'I'lON OF SERVER

I declare under penalty of perjury underthe laws ofthe United States of America that the foregoing information contained
in the Proof of Service is true and correct.
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. subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may
(1) A party or an attorney responsible for the issuance and service of aa gaiédwnrxvlritgizi will zgniggqrxnded to travel from any Such place Wlthm the
subpoena shall take reasonable steps to avoid imposing undue burden or (lll) re ulrés dlsclosure of rlvlle Ed nrolnnr rnleclcd matter
expense on a person subject to that subpoena. The court on behalf of which the and nn exon llnn Or Wall/gr a lles Or p 9 p
subpoena was issued shall enforce this duty and impose upon the party or p (lvl Subégg a ’nrSOn to undue burden
attomey in breach of this duty an appropriate sanction which may include, but is 1 p '
not limited to, lost earnings and reasonable attomey's fee. (B) lf a subpoena
(2) (A) A person commanded to produce and permit inspection and (i) requires disclosure ofa trade secret orother confidential
copying of designated books, papers, documents or tangible things, or research, development, or commercial information, or
inspection of premises need not a ear in person at the lace of production or ii) requires disclosure of an unretained expert's opinion or
PP P _ _
inspection unless commanded to appear for deposition, hearing or trial. information not describing specific events or occurrences IH dispute and
(B) Subject lo paragraph (dll-?) Ol lnls rule a person Cnrnrnnn der l resulting from the expert's study made not at the request of any party, or
*0 produce and pm *¤S¤¢¤**¤¤ and ¤¤¤y*¤¤ mar Wim 14 days are S€~*==<= my to sub§l$’ntr£i2'iLZZZs1TSETSCBYQZJE {l°§.?I8$'£lrE,Li2 33% {EL?
of subpoena or before the tIme specified for compliance if such time is less than the Coun ma ln rnlecl a erscn Subécllo Or affected b the Sub Cena quasll
14 days after S9NiCB’ Sgwe upon the party or attomey designated in tm or modify theysublpoena or? if the party in whose behalf the subpogna is, issued
(niggd vn/gtggagbgigligetor;gigggtiwpogzglzzylggnggeage Ogrin Sgvlgie shows a substantial need for the testimony or material that cannot be otherwise
9 .p . ‘ 1 1 p . y met without undue hardship and assures that the person to whom the subpoena
the subpoena shall not be entitled to Inspect and copy matenals or Inspect the. ls addressed Wlll be rnasonabl com Gnsaled the courl ma Order appearance
premises except pursuant to an order of the court by which the subpoena was or rnducllon Onl U On S Snlged Crfndlllons ’ y
issued. If objection has been made, the party sewing the subpoena may, upon p y p p '
notice to the person commanded to produce, move at any time for an order to (d) DUTIES IN RESPONDING TO SUBPOENA.
compel the production. Such an order to compel production shall protect any (ll A person respondlng tn a subpoena lc produce documents Shall
fjgjlafr Vwgninzolng zig?)/nognzncgmlgr ggsnrggggegom slgnmcam expensel produce them as they are kept in the usual course of business or shall organize
g p py g ` and label them to correspond with the categories in the demand.
Shall Sngh g°lt)m£l?f;I;:;|;lx;O;;%;?£lwun by Whlch 8 subpoena was Issuec (2) When information subject to a subpoena iswithheld on a claim that
Q p it is privileged or subject to protection as trial preparation materials, the claim
(i) fails to allow reasonable time for compliance, shall be made expressly and shall be supported by a description ofthe nature of
(ii) requires a person who is nota party or an ofticerof a panty the documents, communications, or things not produced that is sufficient to
to travel to a place more than 100 miles from the place where that persor enable the demanding party to contest the claim.
resides, is employed or regularly transacts business in person, except that