Free Notice of Service - District Court of Delaware - Delaware

Case 1 :04-cv—01258-SLR Document 51-3 Filed 04/28/2005 Page1 0f4
EXHIBIT B

Case 1 :04-cv-01258-SLR Document 51 -3 Filed 04/28/2005 Page 2 of 4
3036869l_1.DOC
OAO 88 jRev. 1/94) Subpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MCKESSON HQFORMATION SOLUTIONS, LLC SUBPOENA IN A CIVIL CASE
V.
THE TRIZETTO GROUP, INC. Case Number? 04-1258 SLR
Pending in the U.S. District Court, District of Delaware
TOS Fox Rothschild
2000 Market Street, Tenth Floor
Philadelphia, Pemisylvania 19103-3291
Telephone: 215-299-2000
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 TESTHVIONY COURTROOM
DATE AND TIME
[II 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
E YOU ARE COMMANDED to produce and pennit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
See attached Schedule of Requested Documents
PLACE DATE AND TIME
IKON Legal Document Services May 13, 2005 @ 10:00 a,m,
1760 Market Street, 8th Floor
Philadelphia, PA 19103
215-557-7070
I;] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES I DATE 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 0FPICER’s SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE
T. Kevin Roosevelt, Attorne for Defendant j &°"" A ril 26, 2005
ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER
T. Kevin Roosevelt
GIBSON, DUNN & CRUTCHER LLP
Jamboree Center, 4 Park Plaza
Irvine, Califomia 92614-8557
{949] 451-3800
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
llf action is pending in district other than district of issuance, state district under case number.
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Case 1 :04-cv-01258-SLR Document 51 -3 Filed 04/28/2005 Page 3 of 4 e
3036869l_l .DOC
AO 88 tRev l/94l Subpoena in a Civil Case .
PROOF OF SERVICE

SERVED:
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained
in the Proof of Service is true and correct.
Executed on , 2005
SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil Procedure, Parts C & D; employed or regularly transacts business in person, except that, subject to the
provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOEN AS. attend trial be commanded to travel from any such place within the state in which
the trial is held, or
(l) A party or an attomey responsible for the issuance and service of a _ _ _ _
subpoena shall take reasonable steps to avoid imposing undue burden or expense _ (rlr)_r°‘lurr°s_u's°lusur° °fPrn’u°B°u Or other Prorsctcu munsr md nn
on a person subject to that subpoena. The court on behalf of which the subpoena '·’x°sPn°n °r YVarV°r_aPPn°s· ur
was issued shall enforce this duty and impose upon the party or attomey in breach (W) sublccts n Pcrsun rn undue burden
of this duty an appropriate sanction which may include, but is not limited to, lost
earnings and reasonable attomey’s fee. (B) Ira subP°°na
(2) (A) A person commanded to produce and permit inspection and copying of (i) requires disclosure of a trade secret or other confidential research,
designated books, papers, documents or tangible things, or inspection of premises d°V°l°Pnl‘·’nr·_f’r ¤¤m¤}er¤i¤l _rnr°rrnsn°n· °r _ t _ _
need not appear in person at the place of production or inspection unless _ _ (n) rcqurrss ¤1S¤l5>S¤r¤ uf an unrmuncu expert s Olnnlnn _°r
commanded to appear for deposition, nearing or trial. information not describing specific events or occurrences in dispute and resulting
from the expert’s study made not at the request of any party, or
(B) subject to paragraph (ri) (2) of this rule, a person commanded to _ (iii) requues ¤ perm wh<> ¤S ¤¤t ¤ party or an <>f¤¤¤r ef ¤ party t¤
produce and permit inspection and copying may, Within 14 days arter service of incur substantial expense to travel more than 100 miles to attend trial, the court
subpoena or before the time specified for compliance if such time is less than 14 rnnY» ru Prurccr a Psrsnn subJ°°r_r° ur ¤ff¢¤*¢d bY rnc subl·’°°ns» rlussn or n`*°ulfY
days after service, serve upon the party or attomey designated in the subpoena the SUblQ0€¤¤, O1', lf the party IH who behalf the subpoena is issued shows a
Written objection to inspection or copying of any or all of the designated materials substantial need for the testimony or material that cannot be otherwise met without
or of the premises If objection is made, tlie party sewing the subpoena sliall not undue hardship and assures that the person to whom the subpoena is addressed
be entitled to inspect and copy materials or inspect the premises except pursuant to Wru be r°as°nnblY cumncnsarcuv thc cuurt n“Y erder alrncuruncc ur Pruduunun
an order of the court by which the subpoena was issued. If objection has been unly upun sP°°ln°d cunurnnns
made, the party serving the subpoena may, upon notice to the person commanded
to produce, move at any time for an order to compel the production. Such an (u) DUTIES IN RESPONDING T0 SUBPOENA
order to comply production shall protect any person who is not a party or an _
officer of a party from significant expense resulting from the inspection are (1) A perm r¤Sp<>¤7d¤¤g to ¤ ¤¤br><>·=¤¤ ¢<> n¤r¤d¤¤·= d<>¤¤m<=¤¤ ¤}¤¤ll vr<>d¤¤¤
copying commanded them as they are kept in the usual course of business or shall organize and label
them to correspond with the categories in the demand.
(3) (A) On timely motion, the court by which a subpoena was issued shall _ _ _ _ _ _
quash or modify the subpoena it·it (2) When infomtation subject to a subpoena is withheld on a claim that it is
privileged or subject to protection as t1·ial preparation materials, the claim shall be
(il fails to allow reasonable time for compliance, made expressly and shall be supported by a description of the nature of the
(ri) requires a person who js not a party or an officer efa party to travel documents, communications, or things not produced that is sufficient to enable the
to a place more than 100 miles from the place where that person resides, is demanding PaTrY rd cwest the cl¤ln‘r·
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Case 1 :04-cv—01258-SLR Document 51 -3 Filed 04/28/2005 Page 4 of 4
FOX ROTHSCHILD
SCHEDULE OF REQUESTED DOCUMENTS
DEFINITIONS
The term "CONCERNING" means, relating to, referring to, describing, evidencing, or
supporting or rebutting the issue or argument described.
The term "DOCUMENTS" means the terms "writing" and "recording" as defined in Rule
1001 ofthe Federal Rules of Evidence, and is intended to include without limitation any
handwritings, type writings, printings, photostats, photocopies, drawings, drafts, charts,
photographs, e—mail, tape recordings, fihning and every other fonn of recording upon any
tangible thing, any form of communication or representation, including letters, words, numbers,
symbols, pictures, sounds, or combinations thereof, any stored information or databases, whether
maintained on paper, magnetic or electronic media, floppy disks, CD-ROMs, hard drives, zip
drives, tapes or on other computer storage, or any other manner including the originals, or if the
originals are unavailable, the duplicates of said documents, from which information can be
obtained or translated.
The terms "YOU" and "YOUR" refers to non-party Fox Rothschild, including its agents,
representatives, attomeys and any other person acting on his behalf
DOCUMENTS TO BE PRODUCED
l. All non-privileged documents concerning the action entitled GMIS, Inc. v. Health
Payment Review, Inc., Civil Action No. 94-576.
a0z6s693_1 .ooc