Case 1 :04-cv—OO956-GIVIS Document 162 Filed 05/10/2006 Page 1 of 3
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
® 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 ofthe 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
(INDICA - —A\ o ·’ : ‘·AINT - R DEFENDANT)
Y [ Pa.? /4 mt
NOE i RNHAM, >`· O ATTORNEY FOR DEFE DANTS
ISSUING OFFIC R'S NAME, ADDRESS AND PHONE NUMBER
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 162 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 infomation 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:
(el 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 auomey responsible for the issuance and service or a subpoena this rule, such a person may in order to attend trial he commanded to
shall take reasonable steps to avoid imposing undue burden or expense on a person travel iichi any such place Wiihih thc state ih Which thc trial ls held, ci
subject ro that subpoena. The court on behalf of 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 exception 0i' waiver applies, 0l‘
appropriate sanction, which may include, but is not limited to, lost eamings and a (iv) subjectsaperson to uilduc burden-
reasonable attomey's fee. (B) Ha subpoena
cl A e ersen eeeeeeeded ee etedeee edd eeeee. eed eeeree et to aqnss disclosure sa. trade sccie r or other confidential [ sscsic r,
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 ar for dc mon h . Or tri I (11) requires disclosure of an unretalned experts opinion or
ppc pos ’ cm-mg a' 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 ihc cXPcl'l`s study madc ucl at the Ycqucsl 0fa¤Y PaYlY» OT
and permit inspection and copying may, within 14 days after service of the subpoena or (iii) requires a Pcfsch Whc is uci a Party cl' an cfllcci of a Pall? ic
before the time specified for compliance if such time is less than 14 days after service, incur substantial expense to travel more than 100 miles to attend trial, the court may,
serve upon the party or attomey designated in the subpoena written objection to to protect a Pcfsch subject to cf affected by thc subpcchar quash cl` modify thc
inspection or copying of any or all of the designated materials or of the premises. If subpoena cf. ifihc party iii whose behalf the subpoena is issued shows a substantial
objection is made, the party sewing the subpoena shall not be entitled to inspect and liccd for lhc tcsiimchy cf material that cahhci he otherwise lhci without undue
copy the materials or inspect the premises except pursuant to an order of the court by hardship aud assures that thc Pcl'sch to whom thc subpoena is addressed will be
which the subpoena was issued. If objection has been made, the party serving the reasonably cclhpclisaicdr the ccufi may 0l'dcT aPPcaFa¤cc cl Pfcduciicu only uP0u
subpoena may, upon notice to the person commanded to produce, move at any time for spcciiicd c0iidiii0¤$·
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 rrom significant expense resulting
from the inspection and copying commanded. (1) A person responding to a subpoena to produce documents shall
k ‘ l ` ' d
(3) (A) On timely motion, the court by which a subpoena was issued shall quash produce them as they me .cpt m the uslia Fomse of business or shall Orgamzc an
. . . label them to correspond with the categories in the demand.
or modify the subpoena lf lt
. . . . (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 mal 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, 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.
Case 1 :04-cv—00956-GIVIS Document 162 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 contirming with either of the
following:
Edward T. Ellis, Esquire
Carmon M. Harvey, Esquire
Montgomery, McCracken, Walker & Rhoads, LLP
123 South Broad Street
Philadelphia, PA 19109
(215) 772-7322 (Ellis)
(215) 772-7698 (Harvey)