Free Subpoena - District Court of Delaware - Delaware

' Case 1:04-cv-00901-JJF Document 86-3 Filed 10/12/2005 Pege1 014

Case 1:04-cv-00901-JJF Document 86-3 Filed 10/12/2005 Page 2 of 4
EXHIBIT A
There is a Protective Order in this action, a copy of which is attached as Exhibit
B. Paragraph 16 of the Protective Order provides that you may produce documents and
give testimony in this case subject to the Protective Order by using an appropriate
designation.
DEFINITIONS AND INSTRUCTIONS
As used herein:
l. The tenn "Litigation" means the case Czarnik v. lilumina, Inc., No.
GICT/63972, Superior Court of the State of California for the County of San Diego, and
all subsequent appeals.
2. The term "pleadings" means any submission to the court, either the
Superior Court or any appeliate court, in the Litigation, as well as any written discovery
exchanged between the parties to the Litigation, including but not limited to document
requests and responses, interrogatories and responses, and requests for admission and
responses.
3. The term "transcripts" means any recordation of testimony, whether in
court or in deposition, or hearings in the Litigation.
4. This request covers all documents in the possession, custody or control of
the responding party or the custody and control of his directors, officers, employees,
agents, attorneys or representatives of any kind wherever those documents are located.
5. The connectives "and" and "or" as used herein shaii be construed
conjunctively or disjunctively as necessary to bring within the scope of the discovery
request all responses that might otherwise be construed to be outside of its scope.

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6. Any word written in the singular shall be construed as plural or vice—versa
when necessary to facilitate, or bring within its scope all responses that might otherwise
be construed to be outside of its scope.
7. To the extent that the documents requested herein are not produced as they
are kept in the usual course of business, then as to each document produced, indicate the
number or numbers ofthe requests below to which the document is responsive.
8. The use ofthe present tense includes the past tense, and the use ofthe past
tense includes the present tense, so as to be inclusive of any documents which otherwise
may be excluded from production.
9. If any document requested herein is withheld pursuant to any objection
based upon privilege, identify each document for which the privilege is claimed and state:
a. the type of document (letter, report, rnernoranda, etc.), including
any title or identifying number thereon;
b. Its date of origin or preparation;
c. The name of its author or originator;
d. The name of its addressee(s), if any,
e. A brief summary of its substance; and
f. A factual and legal basis upon which a privilege is claimed
sufficient to permit the Court to adjudicate the validity of the
claim.
10. If any document requested to be produced herein was in your possession,
custody or control, but has since been disposed of, lost, discarded, destroyed, or
otherwise has become unavailable within four (4) years of the date of this request, please

Case 1:04-cv-00901-JJF Document 86-3 Filed 10/12/2005 Page 4 of 4
identify which documents were destroyed and state further the identity ot` the person who
ordered them destroyed and the reason for their destruction.
DOCUMENTS AND THINGS TO BE PRODUCED
1. All pieadirigs tiled or served in the Litigation.
2. All transcripts of depositions inthe Litigation.
3. All transcripts of hearings in the Litigation.
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