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

Case 1 :04-cv-01256-JJ F Document 70-2 Filed O1/27/2006 Page 1 of 2
AO 88 (Rev. 7/00) Sulggena in a Civil Case
. Issued by the
United States District Court
SOUTHERN DISTRICT OF NEW YORK
MAGTEN ASSET MANAGEMENT ’ SUBPOENA IN A CIVHJ CASE — DUCES T E CUM
A CORPORATION, _
Plaintiff,
v. Case Number: 04-1256 (J JF )
(Case pending in the United States
PAUL HASTINGS J AN OFSKY District Court for the District of Delaware)
& WALKER LLP 1
Defendant.
TO: THE BANK OF NEW YORK A
101 BARCLAY STREET
NEW YORK, NY 10286
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 o1=rEsr1MoNY cormnaoom
DATE AND THVIE _
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 TIME
Storch Amini & Munves, PC
2 Grand Central Tower FEBRUARY 13, -2006 AT 10:00 A.M.*
140 East 45*1* Street, 25°‘ 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 dociunents or objects):All documents identified on the attached Exhibit A
*Attendunce at the de osition will be waived i the de onent reduces the re uested documents be are Februu 13, 2006.
PLACE DATE AND TIME
Storch Amini & Munves, PC ~
2 Grand Central Tower FEBRUARY 13, 2006 AT 10:00 A.M.*
140 East 45“‘ Street, 25*1* Floor
New York, NY 10017
El YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
i>RENusEs I DATE AND THVIE
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 oEErcER·s TGNATUEE AND T LE ( Dl‘CATE ir ATTORNEY rox PLAINTIFF on DATE
DEEENDANT)
/s/ David . Jenkins (ID . 932) January 27, 2006 A
Attorney for Defendant
ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER _ _
Smith, Katzenstern & 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 70-2 Filed 01/27/2006 Page 2 of 2
(See Rule 45, Federal Rules of Civil Procedure, Parts 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 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
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 Subpocnas. developmenn or ¤¤m¤r·¤r9·¤1¤¤f¤¤¤¤*·¤¤· °r _ _ _ _ _
(ll) requires disclosure of an unretarned expert's oprnron or rnformatron
(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 court 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) Aperson commanded to produce and permit inspection and copying of designated need for the testimony or material that cannot 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 of production or inspection unless commanded to appear for deposition, reasonably compensated, the court may order appearance or production only upon
hearing 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 po,-son responding to a subpoena to producc documents Shall
PerrY or errorneY designated in rne subpoena written obleenon to rnspeenon or eoPYrng of produce them as they are kept in the usual course of business or shall organize and
» any or all of the designated materials or ofthe premises. lf objection is made, the pany label tnom to ooncspond with thc catcgoncs in thc dgmand_
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) Wnon infonnanon subject to a subpocna is Withhgld gn a claim that
objeerron nas been n”'eoe· the Parry serving the subpoena n'reY» nPon nonee ro ine Person it is privileged or subject to protection as trial preparation materials, the claim shall
commanded to produce, move at any time for an order to compel the production. Such an bc made expressly and Shall be supponcd by a dcscnpnon of the nature of the
order to compel Prodnerron shan Proreer enY Person Wno rs not e Parry cr on ofneer vfa Pony documents, communications, or things not produced that is sufficient to enable the
from significant expense resulting from the inspection and copying commanded. domanding pal-ty to contcst thc c]ann_
(3)(A) On timely motion, the court by which a subpoena was issued shall quash or
modify the subpoena if it
i (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 001065 1 .WPD