Issued by the
DISTRICT OF DELAWARE
CORPORAL B. KURT PRICE, et al., SUBPOENA IN A CIVIL CASE
Plaintiffs,
v. Case Number: C.A. No. 04-956-GMS
COLONEL L. AARON CHAFFINCH, et al.,
Defendants.
TO: Dierdre O’Connell
15 Omega Drive
Building K
Newark, DE 19713
E YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to
testi in the above case.
PLACE OF TESTIMONY COURTROOM
United States District Court for the District of Delaware 4A
J. Caleb Boggs Federal Building DATE AND TIME
844 N. King Street See attached.
Wilmin ton, DE 19801
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. (By stenography)
PLACE OF DEPOSITION DATE AND TIME
E
I;] YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below:
PLACE DATE AND TIME
III YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES 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 OFFICER’S SIGNATU AND TITLE DATE
(INDIC· · F ·. PLAI FF R DEFENDANT)
gif- fp
/ V { /y /9/ 9/79
NOEL BURNHAM, .†` . ‘ ATTORNEY FOR DEFENDANTS
ISSUING OFFIC ' R'S NAME, ADDRESS AND PHONE NUMBER A
Noel Burnham, Esq.
MONTGOMERY, MCCRACKEN, WALKER & RHoADs, LLP
300 Delaware Avenue, Suite 750
Wilmington, DE 19801
Phone: 302-504-7800
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
_ . · Case 1 :04-cv-00956-GIVIS Document 165 Filed 05/1 1/2006 Page 2 of 3
PROOF OF SERVICE
DATE PLACE I ‘ ‘
l I I I IE I4
l\lClL)CII’l< I I I
. I IQ 7 I5
SERVED 5 I O OU
SERVED ON (PRINT NAME) MANNER OF SERVICE
Qerae tlllmlor com I> Ierclrc O Ilan Ital I Iaerstmctl Sov I so
SERVED BY (PRINT NAME) TITLE
e)(IIYl@S Mole umass Sm/of
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 5 I I I /‘
DATE ATURE OF SERVER
ADDRESS OF SERVER
\II llI`I\II/IQJQQ I (55 me I
Rule 45, Federal Rules of Civil Procedure, Parts C & D:
l°l RROTEOTTON OF PERSONS SOEJEOT TO SUBPOENAS Person, exeepr that, subject to rhe provisions of clause (e)(2»)(B)(iii) or
(1) A party or an attomey responsible for the issuance and service of a subpoena this 1'ulc, such a PcfS0¤ may Ih Oftlcf to attend trial be ccmmauclcd to
shall take reasonable steps to avoid imposing undue burden or expense on a person travel ham any such place within thc state Ih which the trial is held, Of
subject to that subpoena. The eoun on behalf of which the subpoena was issued shall (iii) requires disclosure of privileged or other protected rnaber and no
enforce this duty and impose upon the party or attomey in breach of this duty an exception 0I' waiver applies, Of
appropriate sanction, which may include, but is not limited to, lost eamings and a (iv) subjectsapersonto uhduc burden-
reasonable attomey's fee. (B) If a subpoena
<2? A P rrso H ramandrd to Pearce me rmt. msreim and ¤¤.¤y··e of rn requires diselosure ofarrade sssis r or other eonhdennalr assais r,
designated books, papers, documents or tangible things, or inspection of premises need dcvelo mem or commercial information or
not appear in person at the place of production or inspection unless commanded to E .. . . ’ . , . .
. . . . (ll) requires disclosure of an unretalned experts oplnlon or
appear for dcposmom hearing or mal' infomation not describing specific events or occurrences in dispute and resulting
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce from the cXPcl’t`S study madc hct at thc l'ccIucSt ofany party, 0T
and pemiit inspection and copying may, within I4 days after service ofthe subpoena or (III) fc
serve upon the pany gy ener-ney designated in the subpoena written ebjeetjen te to protect a person subject to or affected by the subpoena, quash or modify the
inspection or copying of any or all of the designated materials or ofthe premises. If subpoena or, if the party in whose behalf the subpoena is issued shows a substantial
objection is made, the party sewing the subpoena shall not be entitled to inspect and hccd for the testimony 0l‘ matcflal that cam'l0t be otherwise met Wlthcut undue
copy the materials or inspect the premises except pursuant to an order of the court by ha1’€lShIP ahd aSSuTcS that thc PcFS0h to whom the subpoena is addressed will be
which the subpoena was issued. If objection has been made, the party serving the fcaS0hahly c0mPchSatc
an order to compel the production. Such an order to compel production shall protect (d) DUTIES IN RESPONDING TO SUBPOENAI
any person who IS not a party or an officer of a party from significant expense resulting
from the inspection and copying commanded. (1) A person responding to a subpoena to produce documents shall
(3) (A) On timely motion, the coun by which a subpoena was issued Shall quash produce them as they are lpept In the usual course of business or shall organize and
. . . label them to correspond with the categories rn the demand.
or modify the subpoena if it
. . . . (2) When information subject to a subpoena is withheld on a claim that it
(1) f8llS to allow reasonable time for compliance; . . . . . ....
.. . . . rs privileged or subject to protection as tnal preparation materials, the claim shall be
(rr) requires a person who IS not a party or an officer of a party to travel to a . .
. . , made expressly and shall be supported by a description of the nature of the
place more than l00 mlles from the place where that person resides, IS . . . . .
. . documents, communications, or things not produced that is sufficient to enable the
employed or regularly transacts business in demanding pany to contest the claim
_ . · Case 1 :04-cv—00956-GIVIS Document 165 Filed 05/1 1/2006 Page 3 of 3
ATTACHMENT
Trial in this matter will commence May 15, 2006. You need not appear on that date
provided that you remain in telephone contact to be available when your testimony is needed.
Please signify your agreement to this arrangement by calling and confirming with either of the
following:
Edward T. Ellis, Esquire
Cannon M. Harvey, Esquire
Montgomery, McCracken, Walker & Rhoads, LLP
123 South Broad Street
Philadelphia, PA 19109
(215) 772-7322 (Ellis)
(215) 772-7698 (Harvey)
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