Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :04-cv-01256-JJ F Document 70-3 Filed 01/27/2006 Page 1 of 2
AO 88 (Rev. 7/00) Subpcena in a Civil Case
Issued by the
United States District Court
· SOUTHERN DISTRICT OF NEW YORK
MAGTEN ASSET MANAGEMENT SUBPOENA IN A CIVIL CASE - DUCES TECUM
CORPORATION,
Plaintiff,
_ v. Case Number: 04-1256 (JJF)
(Case pending in the United States
V PAUL HASTIN GS J AN OFSKY District Court for the District of Delaware)
_ & WALKER LLP
Defendant.
TO: LAZARD FRERES & CO. LLC
30 ROCKEFELLER PLAZA
‘ NEW YORK, NY 10020 ‘
E! 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 or TESTIMONY couimzoom
‘ DATE AND TTME
El 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 or DEPOSITION DATE AND THVIE
Storch Amini & Munves, PC
2 Grand Central Tower FEBRUARY 13, 2006 AT 10:00 A.M.*
140 East 45'h Street, 25*h Floor
New York, NY 10017
I YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the place,
date, and time specified below (list doctunents or objects):A1l documents identified on the attached Exhibit A
*Attendance at the de asition will be waived i the de onent roduces the re uested documents be are Februa 13, 2006.
PLACE DATE AND TIME
Storch Amini & Munves, PC
V 2 Grand Central Tower FEBRUARY 13, 2006 AT 10:00 A.M.*
140 East 45°‘ Street, 25* Floor »
New York, NY 10017
El YOU ARE COMMANDED to pennit inspection of the following premises at the date and time specified below. V
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 erson will testi . Federal Rules of Civil Procedure, 30 b 6 .
ISSUING oEE1cER·s SIGNATURE AND T LE ( ICATE IF ATTORNEY FOR PLAINTIFF on DATE
, DEFENDANT)
/s/ David A. enkins (ID . 932) January 27, 2006
Attorney for Defendant ~
issomc oEEicEE·s NAME, ADDRESS AND PHONE NUMBER _ _
Smith, Katzenstem & Furlow LLP, 800 Delaware Avenue, P.O. Box 410, Wilmington, DE 19899
(302) 652-8400
cc: Magten Litigation Service List

Case 1 :04-cv-01256-JJ F Docu ment 70-3 Filed 01/27/2006 Page 2 of 2
(See Rule 45, Federal Rules of Civil Procedure, Pans C&D on next page)
PROOF OF SERV ICE
SERVED
. DATE PLACE
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER `
I declare tmder penalty of perjury tmder the laws of the 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:
(i) requires disclosure of a trade secret or other confidential research,
(c) Protection of Persons Subject to Subpoenas. d°"°1°Pm°“i>_°’ °°“}m°“f‘al mf°"“”“°“» °" _ _ _ _ _
(ll) requires disclosure of an unretalned expert's oplnlon or information
(1) A party or an attomey responsible for the issuance and service of a subpoena not describing specific events or occurrences in dispute and resulting from the
shall take reasonable steps to avoid imposing undue burden or expense on a person subject experts study made not at the request of any party, or
to that subpoena. The court on behalf of which the subpoena Was issued shall enforce this (iii) requires a person who is not a party or an officer of a party to incur
duty and impose upon the party or attomey in breach of this duty an appropriate sanction substantial expense to travel more than 100 miles to attend trial, the coun may, to
which may include, but is not limited to, lost eamings and reasonable attomey's fee. protect a person subject to or affected by the subpoena, quash or modify the
subpoena, or, if the party in whose behalf the subpoena is issued shows a substantial
(2)(A) A person commanded to produce and pennit inspection and copying of designated need for the testimony or material that camlot be otherwise met without undue
books, papers, documents or tangible things, or inspection of premises need not appear in hardship and assures that the person to whom the subpoena is addressed will be
person at the place ofproduction or inspection unless commanded to appear for deposition, reasonably compensated, the court may order appearance or production only upon
heating or trial. specified conditions.
(B) Subject to paragraph (d)(2) of` this rule, a person commanded to produce and (d) Duties in Responding to subpoena,
permit inspection and copying may, within 14 days after service of subpoena or before the
time specified for compliance if such time is less than 14 days after service, serve upon the (1) A poi-son responding to n subpoena to pi-oiinoo docurnci-its shaii
party or attorney designated in the subpocnn Written objection tc inspection or copying of produce them as they arc kept in the usual course ofbusiness or shall organize and
any or all of the designated materials or ofthe premises. If objection is made, the party iaboi {hom to oonospond with the oniogoiios in tho dci·nand_
serving the subpoena shall not be entitled to inspect and copy materials or inspect the
premises except pursuant to an order of the court by which the subpoena was issued. If` (2) Whon infomation Subject to a subpoena is Withheld on a oiaini that
objection has been inode, the pany serving the subpoena may, upon notice to the person it is privileged or subject to protection as trial preparation materials, thc claim shall
commanded to produce, move at any time for an order to compel the production. Such an be mndo oxprossiy and shnii be Supported by a description of tho nomic of the
order to °°mP°l Pioducmn Shall Pmtcct any P°IS°“ Wh° is not il Party OY im ofnccr °fa PMY documents, communications, or things not produced that is sufficient to enable the `
nom significant expense resulting from the inspection and copying commanded. demanding pony to oontosi the oioini
(3)(A) On timely motion, the court by which a subpoena was issued shall quash or
modify the subpoena if it
(i) fails to allow reasonable time for compliance,
(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 person resides, is 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 attend trial be commanded to travel from any such
place with the state in which the trial is held, or
(iii) requires disclosure of privileged or other protected matter and no exception
or waiver applies, or
(iv) subjects a person to undue burden.
1 001 0648 .WPD