Free Subpoena - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF Document 38 Filed 10/21/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
AES PUERTO RICO, L.P., )
1
Plaintiff, )
v. ) Civ. No. 04-1282-JJF
J
ALSTOM POWER, INC., ]
)
Defendant. ]
l
NOTICE OF SUBPOENA DUCES TECUM TO DENNIS M. FOLEY
PLEASE TAKE NOTICE, that pursuant to Federal Rule of Civil Procedure
45, Plaintiff AES Puerto Rico, L.P. has served a subpoena for the production of
documents, as described in "Attachment A" of the subpoena attached to this
Notice, on Dennis M. Foley of APC Consulting; and that documents responsive
to the subpoena are to be produced at the offices of E.T. Legal Services, 4007
Torino Way, Panama City, Florida 32405 on or before November 3, 2005.
/s/ John S. Spadaro
John S. Spadaro
Bar No. 3155
MURPHY SPADARO & LANDON
1011 Centre Road, Suite 210
Wilmington, DE 19805
Tel. (302) 472-8100
Fax (302) 472-8135
Dated: October 21, 2005 Attomeys for AES Puerto Rico, L.P.
125148

Case 1 :04-cv-01282-JJF Document 38 Filed 10/21 /2005 Page 2 of 3
. .- . ‘ CE LEB ..__.__.- --.. ..... .. .. . . _ .... . . .. ,_ _
Issued by the
UNITED STATES DISTRICT COURT
_ DISTRICT OF MASSACHUSETTS
AES Puerto Rico, L.P.,
i"*i*"“"· SUBPOENA IN A ctvu. cass
V.
ALSTOM Power Inc case Nuivieert. ‘ Civ. No,04-1282-JJF
i Defendant. Pending in D. Del.
TO: Dennis M. Foley (850-648-5380}
APC Consulting [B50-648-4997}
114 Miramar Drive, P.O. Box 14038
Mexico Beach, Florida 32410
iii 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 OF TESTIMONY COURTRDDM
rms Menus
i;i YOU ARE COMIVIANDED to appear at the place, date, and time specihed below to testify at the taking of a deposition in
the above case.
PLACE or DEPOSITION IDATE AND TIME
V YOU ARE COM MAN DED to produce and permit inspection and copying of the following documents or objects at the place,
date, and time specified below (list documents or objects):
Mail to the address below all items described in Attachment "A“
attached hereto and incorporated herein as it fully rewritten.
pi-ACE E.T. Legal Services UNE '°""'D ""‘E
4007 Torlno Way, Panama City. FL 32405 November 3_ QQQ5
ss0·2es-1sos
i:i YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
premises i i lnrtismorwis
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)(G).
IBSUING OFFICER SIGNATUREA • T_l];k IND IF ATTORNEY FORFLAINTIFF OR DEFENDANT) DATE
I ·_ __ /0 / 2- /5/
milglsln s mus, Anerasss me moss autism
Williams & Connolly LLP, 725 12th Street, NW, Washington, DC 20005
(Su Flute 45, Federal Rules of Civil Procedure. Parts C 5 D on Reverse}
i Ii action is pending in district other Ihan district of issuance. Stale district under case number.

Case 1 :04-cv-01282-JJF Document 38 Filed 10/21 /2005 Page 3 of 3
o r re $¤¤ i C e ¤ NY WEW99 .. ... .. .. ._- ..... . ..
PROOF OF SERVICE
DATE PLACE
SERVED
ssavizo on {PRINT NAME; IvIAr.II~iER 0I= SERVICE
SERVED svrvarrrr mms} TITLE
DECLARATION OF SERVER

l declare under penalty of perjury under the 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
`.§ii>TzTs§§BFEE§tTr§z__`"`"`__`_ `*“``` _"`_T

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
tc) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. subject to the provisions of clause (c)(3)(B}{iii) of this wie, such a person may
. . ‘ ‘ rrrnanded och `th` lh
fil A party oran attorney responsible for the Issuance and service of sr ;;ai;d::rrrtrf;r;lI1°rTri ml! or l° tm"' mm any 5 mam M In E
subpoena shall take reasonable steps to avoid imposing undue burden or (rrr) re ur& disclosure Of rrvneggdorourarproiecred matter
expense on a person subject to that subpoena. The court on behalf otvtrhich the and rm Em rim Dr wahrgr appuss Dr p
subpoena was issued shall enforce this duty and impose upon the party or Ep rr) subbclsa ' rsorr rn undue burden
attorney in breach of this duty an appropriate sanction which may include, but is [I I pe `
not limited to, lost eamtngs and reasonable atlomeys fee. (B) lf a subpoena
[2) {A} A person commanded to produce and permit inspection and (ij requires disclosure of a trade secretorother confidential
copying of designated books, papers, documents or tangible things, or research, development, or commercial information, or
inspection of premises need not appear in person at the place of production or [ii) requires disciosure of an unretained experts opinion or
inspection unless commanded to appear for deposition, hearing or trial. inl'ormation not describing specific events or occurrences in dispute and
re} subject to psrsgrspn (uy;) cr mrs rule, s person commanded '°°"‘"""g "°"" °'°r‘;Ep°:t" ;:r‘;°;*'Ema°r;O":t“j:;h; $°;E:;a°;;’;_"r D, rr
to produce and puma inspecum and Copying may wm-Im 14 dwg mm SBMCB party to incur substantiaT{;xpensept<‘? travel more than 100 miles to attend trial
of subpoena or before the time specified for compliance it such time is less than the com ma rrr mad a On subracr [D rrr affected by the Sul na quasr;
*4 no ets mics- SSM ¤=·==¤ te on ¤* Simi designated in tw D. msi, it§gus" is spifss psa, rr. whose starr is suspm. seem
subpoena written Obigcmn to mspadkm or copying uf any or an of the shows s substantgllheed for the testimony or material that cannotbe otherwise
designated materials or of the premises. It objection is made, the party serving . .
. . . . met without undue herds hrp and assures that the person to whom the subpoena
the subpoena shall not be entrtled to Inspect and copy matenals or Inspect the r add rr wm ba reasonably com nsargd me com ma Order ra Bararrw
premises except pursuant to an order of the court by which the subpoena was 5 [BSS? . pg!. . ' Y pp
issued. lfoojection has been made, the party serving the subpoena may. upon or prcdudmn nr upon spawned mms`
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
person who is not e party or an officer of a pany from signmcant expense Od $519; p°°E°n r?Si°°?ln€:ht§ ;_r;::°`p°Sna E; §L;iru;;d?;:r;?;:SairI;;g
resulting from the inspection and oopying commanded. pr U as EY a B Sp In G0 EB. D Q
and label them to correspond with the categones ffl the demand.
Shan (lh §]mOg?f;"L:;1;$D;;I.g£;jrwUd bt whlch B Subpcgna was Issued (2} When infomtation subject to a subpoena is withheld on a claim that
qu P it is privileged or subject to protection as trial preparation materials, the claim
ti) fails to allow reasonable time for oornpllance, shall be made expressly and shall be supported by a description ofthe nature of
(ii} requires a person whois not s party or an otnoer of a party 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 person enable the demanding party to contest the claim.
resides, is employed or regularly transacts business in person, except that,