UNITED STATES DISTRICT COURT
DISTRICT OF Massachusetts
AES PUERTO RICO, L.P.,
Plaintiff,
SUBPOENA IN A CIVIL CASE
V.
CASE NUMBER? Civ. No. 04-1282 JJF
ALSTOM POWER INC., Pending in D. Del.
Defendant.
TO: Liberty Mutual Insurance Company
cio CT Corporation System
101 Federal Street
Boston, MA 02110
I] 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.
Ti5mir>$’sfw;>N*?‘T'_T‘_T‘_T`T—T* T `_ _TT:E§·F
I pins Amo time
E] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
'r·tAcsTor osl=·osir`¤olv T ` T T ` T T pits AiD riivsi T T
. YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects): Mail to the address below all these items described
in Attachment "A" attached hereto and incorporated herein as if fully rewritten.
PLACE rms Amo nrvis
James Burke
Burke Investigation Services May 6,2005
P.o. Box 51576 c;/wIms»%rri$t"·-
Boston, MA 02205 réhcskf, me ORI3 Q-. _
lj YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
T'Tr=rtsivii'sssT’_T—`T TT -—-—-—é-——·— >itrsT;no its i
( 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).
i oars
9 P Avril 10- 2005
ISSUING OFFICERS NAME. Aooness, mvp pi-ions ivuivieige
John S. Spadaro
Murphy Spadaro & Landon Tel; (302) 472-8101
1011 Centre Road, Suite 210
(See Rule 45. Federal Rules of
‘ lfaction is pending in district otherthan district of issuance, state district under case number.
time
ADBB Rev.‘lf94 uggq; -=|I] .a;r I Z - I0 ||‘| • ‘• •* ° Il -qQ‘ O
PROOF OF SERVICE
in , /},5 C,} Co.»j¤./0/fFj€-/zz/
senvep }"lI 6 5 C, V Adi
senveo ON ti=·niNr NAME}
¤_ » · · •·-··""-` if
FDQA ,-Aym, ztflpfghelff process QQ rfa. ai rt //dn
rf _ I A r . ‘
DECLARATION OF SERVER
l declare under penalty of perjury under the laws of the nited State fAmerica at the foregoing information
contained in the Proof of Service is true and correct:
Executed on 0
DATE SIGNATURE OF SER R
$4 . { {Q _ r $75 ’?e·
W ,7 LU: S) C. nponess oe seavee
t __ •r"
Ea _ 0 a? aes
Rule 45, Federal Rules of Civil Procedure. Parts C Et D; (ii) requires a person who is not a party or an officer of
a party to travel to a place more than 100 miles from the place where that
(sj PRO-I-SC]-jON OF PERSONS SUBJECT TO SUBPOENASS person resides, is employed or regularly transacts business in person,
except that. subject to the provisions of clause (c)(3)(Bl(iil) of this rule.
(1) A pans, or an attorney resoonsjoje for me jssuanoe and such a person may in order to attend trial be commanded to travel from
sennoe of a subpoena snajj jake nasoonsjoje steos to avgid imposing any such place within the state inlwhich the trrallis held; or
undue burden or expense on a person subject to that subpoena The (llll_ requires dlecloeure of privileged or other protected
court on behalf of which the subpoena was issued shall enforce this duty matte" and ni? €"C?Pi'°"' Ol WBWEV aFJPI'€Si UV
ano jmoose upon me pany or ancrney in breach ol- this duty an (iv) subjects a person to undue burden.
appropriate sanction which may include. but is not limited to. lost earnings
and reasonable attorney‘s fee. (B) lf a subpoena
(2) (A) A person commanded to produce and permit inspection (il requires disclosure of a trade secret or other
and copying of designated books, papers, documents or tangible things, or confidential research. development or commercial information; or
inspection of premises need not appear in person at the place of (ii) requires disclosure of an unretained expert's
production or inspection unless commanded to appear for deposition, opinion or information not describing specific events or occurrences in
hearing or trial. d`ispute and resulting from the expert’s study made not at the request of
any party; or
(El) Subject to paragraph (d)(2l of this rule. a person (iii) requires a person who is notaparty or an ofncer of
commanded to produce and permit inspection and copying may. within 14 a party to incur substantial expense to travel more than 100 miles to attend
days after service of subpoena or before the time specined for compliance trial. the court may, to protect a person subject to or affected by the
if such time is less than 14 days after service. serve upon the party or subpoena, quash or modify the subpoena, or, if the party in whose behalf
attorney designated in the subpoena written objection to inspection or the subpoena is issued shows a substantial need for the testimony or
copying of any or all of the designated materials or of the premises. lf material that cannot be otherwise met without undue hardship and assures
objection is made, the party serving the subpoena shall not be entitled to that the person to whom the subpoena is addressed will be reasonably
inspect and copy materials or inspect the premises except pursuant to an compensated, the court may order appearance or production only upon
order of the court by which the subpoena was issued, If objection has specified conditions.
been made. the party sewing the subpoena may, upon notice to the
DBI'SOl"l cdmtrlarlded to produce, l'T10ve at anytime for atl Order to ccmpel (dj, DUTjES [N RESpONDjNG TO SUBPOENA
the production. Such an order to compel production shall protect any
person who is notla party or an ofhcelr of a party from significant expense (1) A person raspcndjng jo a subpoena to oroouoe dccumgnts
lest-·'li'l'*Q mm the lli$l¤€°li0'l and COPWNQ Ccmmanded- shall produce them as they are kept in the usual course of business or
shall organize and label them to correspond with the categories in the
{3) (Al On timely motion, the court by which a subpoena was demand.
issued shall quash or modifythe subpoena if it
{2) When information subject to a subpoena is withheld
(rj rejje to ajjow reasonable uma ro, ccrnpljance; on a claim that it is privileged or subject to protection as trial preparation
materials. the claim shall be made expressly and shall be supported by a
description or the nature ofthe documents, communications, or things not
produced that is sufficient to enable the demanding party to contest the
claim.
ll9205
I
Case 1:04-cv-01282-JJF Document 26 Filed O4/19/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AES PUERTO RICO, L.P., )
)
Plaintiff; )
v. ) Civ. No. 04-1282-JJF
)
ALSTOM POWER, INC., )
)
Defendant. )
._e._____.__.__)
NOTICE OF SERVICE
I hereby certify that on this date, I electronically tiled the foregoing document with the
Clerk of the Court using CMXECF which will send notification of such ti1ing(s) to the following:
Richard R. Wicr, Jr.
Daniel W. Scialpi
1220 Market Street, Suite 600
Wilmington, DE 19801
ln addition, I certify that the following attorneys were served with the document by
facsimile at the number shown:
Anthony F. Vittoria
James E. Edwards
Ober Kaler, Grimes & Schriner
Fax: (410) 547-0699
Respectfully submitted,
fsf John S. Spadaro
John S. Spadaro, No. 3155
MURPHY SPADARO & LANDON
1011 Centre Road, Suite 210
Wilmington, DE 19805
Tel. (302) 472—8100
Fax (302) 472-8135
Dated: April 19, 2005 Attorneys for AES Puerto Rico, L.P.
iiucas
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms