Issued by the
DISTRICT OF DELAWARE
CORPORAL B. KURT PRICE, et al., SUBPOENA IN A CIVHI 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
® 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
lj 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 OFF ICER’S SIGNATU AND TITLE DATE
(INDIC · 1= ·t 1>LA1N2> FF RDEFENDANT)
gi.- (0
/ , , M, am
NOEL BURNHAM, P . ‘ ATTORNEY FOR DEFENDANTS
ISSUING OFFIC ' R'S NAME, ADDRESS AND PHONE NUMBER
Noel Bumham, Esq.
MoNrGoMERY, 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 163 Filed 05/10/2006 Page 2 of 3
PROOF OF SERVICE
DATE PLACE
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
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil 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 attomey responsible for rbe issuance and service cr 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 lIaV€l ham any such place within tha state ih which the trial is held. OY
subject to that subpoena. The court on behalf cr which the subpoena was issued shall (iii) requires disclosure of privileged or other protected matter and no
enforce this duty and impose upon the party or attomey in breach of this duty an ¢X¤€Pti0h OY waiver applies, Ol'
appropriate sanction, which may include, but is not limited to, lost eamings and a (iy) Suh.i€CtSaP€FS0h to uhdu€ huTd€h-
reasonable attomey's fee. (B) Ha subpoena
O? A P ereee remanded to rrodrce at amt. ·¤Sr·e
. . . . development, or commercial information, or
not appear in person at the place of production or inspection unless commanded to .. . . . , . .
. . . . (11) requires disclosure of an unretained experts opinion or
appear for deposition, hearing or trial. . . . . . . . .
information not describing specific events or occurrences in dispute and resulting
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce ham the ¢XP€l't`S study thada h0t at the request of any party, Of
and pemuit inspection and copying may, within l4 days alter service of the subpoena or (iii) ¥€qulF€S a P€YS0h who is hat a Patty OT an ofncer of a Patty to
before the time specified for compliance if such time is less than l4 days alter service, ih¤u1' substantial €XP¢hS€ to travel ih0f€ than l0O hiil€S to attand ttial, the <>0ul`t may,
Serve upon [hg party 0; gjjtgmcy dgsignatgd in the subpoena written Objection [O to protect 8. pCl‘S0l`1 Sl1bjCCt to OI' 3ffCCtCCl by tZl'lC SUbpOCIlH, ql.13Sh OI` l'1'10dlfy the
inspection or copying cr any or all cr 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 heed {Of tha t€Stih'l0hy OF ihatatial that ¢ahh0t be 0th€l’WiSa mat without uhdutt
copy the materials or inspect the premises except pursuant to an order of the court by hardship and assures that the P€YS°h to Wham the Suhpacha is addl'€SS€d wrll be
which the subpoena was issued. If objection has been made, the party serving the reasonably ¢0hiP€hSat€d, the court may 0l’d€l' appearance OF Pl’0du¤ti0h 0hly uP0h
subpoena may, upon notice to the person commanded to produce, move at any time for specified ¤0nditi0hS-
an order 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. (1) A person responding to a subpoena to produce documents shall
. . . . h ' 1 ' h ll '
(3) (A) On timely motion, the coun by whlch a subpoena was Issued shall quash produce them as t ey are ltept in the usua course of business or s a organize and
. . . label them to correspond with the categories 1n the demand.
or modify the subpoena if it
. . . . (2) When information subject to a subpoena is withheld on a claim that it
(1) fails to allow reasonable time for compliance; . . . . . ....
.. . . . rs privileged or subject to protection as trial preparation matenals, the claim shall be
(11) 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 100 miles from the place where that person resides, rs . . . . .
. . documents, communications, or things not produced that rs sufficient to enable the
employed or regularly transacts business in . .
demanding party to contest the claim.
Case 1 :04-cv—OO956-GIVIS Document 163 Filed 05/10/2006 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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