` 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: Dr. Aaron Green
Health Works
1275 South State Street
Dover, DE 19901
Ixl 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
D
[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
I;] 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
(1ND1cA » As OR ·’i¤o =- AINT · R DEFENDANT)
Y / P/ay /4 Mé
NOE i RNHAM, ¥· Q ATTORNEY FOR DEFE DANTS
ISSUING OFFIC R'S NAME, ADDRESS AND PHONE NUMBER
Noel Bumham, 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)
e Case 1 :04-cv—00956-GIVIS Document 164 Filed 05/11/2006 Page 2 of 3
i PROOF OF SERVICE
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SERVED
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SERVED BY (PRINT NAME) TITLE
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DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing infomation contained in
the Proof of Service is true and correct.
gf? ooo; `
Executed OI'} {Y) fa Z
ATE BIONATURE O SERVER
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ADDRESS OF SERVER
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Rule 45, Federal Rules ofCivil Procedure, Parts C & D:
(C) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS Person, except that, subject to the provisions of clause (c)(3)(B)(iii) of
(1) A party or an attorney responsible for the issuance and service of a subpoena this rule, such a person may in order to attend trial be commanded to
shall take reasonable steps to avoid imposing undue burden or expense on a person travel iirerh ¤rlY Slleh place Wiihirl the state ih which the trial is held, or
subject to that subpoena. The court on behalf of which the subpoena was issued shall (iii) requires diSei05llre or privileged or other protected mader Bhd he
enforce this duty and impose upon the party or attomey in breach of this duty an exeepiiell or waiver ilPPiie$, or
appropriate sanction, which may include, but is not limited to, lost eamings and a (il!) $l1bjeei$¤Per$0rl to undue burden.
reasonable attomey's fee. (B) Ha subpoena ,
(2) (A) A person commanded to pmdlicc ami pcmm. mspcgmm and cqpymg of (i) requires disclosure of a trade secret or other confidential research,
designated books, papers, documents or tangible things, or inspection of premises need . . .
. . . . development, or commercial infomation, or
not appear in person at the place of production or inspection unless commanded to .. . . . , . .
a car for dc OSTOH hea . td I (n) requires disclosure of an unretalned experts opinion or
pp P H ’ nng Or a' infomation not describing specific events or occurrences in dispute and resulting
(B) Subject to paragraph (d)(2) of this mle, a person commanded to produce iirerll the eXPelT'$ study made rlei iliihe request 0f¤riY party, or
and pemit inspection and copying may, within 14 days after service of the subpoena or (iii) requires il Persell who is rlei 8 Pel‘i>’ or erl eiiieer or el party id
before tlie time specinetl for compliance if such time is less than I4 days after service, incur substantial expense to travel more than l00 miles to attend mal, the court may,
serve upon the party or attomey designated in the subpoena written objection to to protect e Persell subject to or affected by the Sllbpeerles quash or lrledify the
inspection or copying of any or all ofthe 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 serving the subpoena shall not be entitled to inspect and need for the teeiilllelly Ol' meieliei that eerlhei be otherwise met Wiihelli llhdtle
copy the materials or inspect the premises except pursuant to an order of the court by hardship arid fissures diet the Persdli id whom the Sllbpderla is addre$Sed Wiii be
which the subpoena was issued. If objection has been made, the party sewing the re¤S0rldbiY edmperlsaieda the court rrl3>’ order appearance or Prddileiidrl only URW
subpoena may, upon notice to the person commanded to produce, move at any time for speeihed e0hdiii0¤S·
an drder to compel the production. Such an order to compel production shall protect (d) DUTIES IN RESPONDING TO SUBPOENA.
any person who IS not a party or an officer of a party from significant expense resulting
from the inspection and copying commanded. (l) A person responding to a subpoena to produce documents shall
. ` l ‘ '
(3) (A) On timely motion, the court by which a subpoena was Issued Shall quash produce them as they are ltept in the usua course of business or shall organize and
. . . label them to correspond with the categories in the demand.
or modify the subpoena if it t
. . . . (2) When infomation subject to a subpoena is withheld on a claim that it
(1) falls to allow reasonable time for compliance; . . . . . ....
.. . . IS privileged or subject to protection as trial preparation materials, the claim shall be
(ll) 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 descnptlon of the nature of the
place more than IOO miles 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 party to contest the claim.
i " Case 1 :04-cv—00956-GIVIS Document 164 Filed 05/11/2006 Page 3 of 3
1
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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