Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :04-cv—00875-GIVIS Document 163-2 Filed 05/10/2006 Page 1 of 2
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UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
TELCORDLA TECHNOLOGIES, INC. SUBPOENA IN A CIVIL CASE
V.
LUCENT TECHNOLOGIES INC. Case Number:' .C.A. NO. 04875-GMS
(PENDING IN U.S. DISTRICT COURT OF DELAWARE) r
TO: Charles Jackson Cotton _
. 3 I-Ieadwater Lane
Newark, DE 19711-7461
- El YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below
‘ to testify in the above case.
PLACE or TESTIMONY _ . COURTROOM
DATE AND TIME
x YOU ARE COMMANDED to appear at the place, date, and time specified below to testi@ at the taking of a
deposition in the above case. The deposition will be taken using videotape, audiotape, and/or stenographic
means. I
PLACE or DE1>os1T10N DA'l'E AND TIME
Young Conaway Stargatt & Taylor LLP May 24m' 2006 at 9:00 a.m.
The Brandywine Building
1000 West Street, 17'h Floor _
Wilmington, DE 19801
El YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at
the place, date, and time specified below (list documents or objects): »
— PLACE I DATE AND T1ME
El YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
PLACE { DATE AND TIME
A 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).
issumo oFF1CER‘s SIGNA TITLE INDTCATE lF ATTORNEY FOR PLATNTTFE on DEFENDANT) DATE AND TTME
_.__,.. May 9, 2006 at 4:00 p.m.
Attome for Defendant Lucent Technologies Inc.
ISSUING OFFlCER‘S NAME ADDRESS AND PHONE NUMBERS
Jennifer L. Travers
Latham & Watkins LLP; Sears Tower, 233 S. Wacker, Suite 5800, Chicago, Illinois (312) 876-7700
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D)
llf action is pending in district other than district of issuance, state district under case number.

Case 1 :04-cv—OO875-GIVIS Document 163-2 Filed 05/10/2006 Page 2 of 2

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 ofthe 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
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. trial be commanded to travel from any such place within the state in which
the trial is held, or
(1) A party or an attomey responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden or expense I (iii) requires disclosure of
on a person subject to that subpoena. The court on behalf of which the subpoena privileged or other protected matter and no exception or waiver applies, or
was issued shall enforce this duty and impose upon the party or attorney in breach (iv) subjects a person to undue
of this duty an appropriate sanction which may include, but is.not limited to, lost burden.
eamings and reasonable attorney's fee.
_ (B) lf a subpoena
(2) (A) A person commanded to produce and permit inspection and copying
of designated books, papers, documents or tangible things, or inspection of (i) requires disclosure of a trade
premises need not appear in person at the place of production or inspection unless secret or other confidential research, development, or commercial
commanded to appear for deposition, hearing or trial. `information, or
. (ii) requires disclosure of an
(B) Subject to paragraph (d) (2) of this rule, a person commanded to unretained expert's opinion or information not describing specific events or
produce and pemrit inspection and copying may, within 14 days aher service of occurrences in dispute and resulting from the expert’s study made not at the
subpoena or before the time specified for compliance if such time is less than 14 request of any party, or
days after service, serve upon the party or attomey designated in the subpoena (iii) requires a person who is not a
written objection to inspection or copying of any or all of thc designated materials party or an ofncer of a party to incur substantial expense to travel more than
or ofthe premises. lf objection is made, the- party sewing the subpoena shall not 100 miles to attend trial, the court may, to protect a person subject to or
be entitled to inspect and copy materials or inspect the premises except pursuant affected. by the subpoena, quash or modify the subpoena, or, if the party in
to an order ofthe court by which the subpoena- was issued. lf objection has been who behalf the subpoena is issued shows a substantial- need for rhe testimony
made, the party sewing the subpoena may, upon notice to the person commanded or material that cannot be otherwise met without undue hardship and assures
to produce, move at any time for an order to compel the production. Such an that the person to whom the subpoena is addressed will be reasonably
order to comply production shall protect any person who is not a party or an compensated, the court may order appearance or production only upon
oB7cer of a party fiom signihcant expense resulting from the inspection and specitied conditions.
copying commanded.
(d) DUTIES IN RESPONDING TO SUBPOENA
(3) (A) On timely motion, the court by which a subpoena was issued shall
quash or modify the subpoenaif it (1) A person responding to a subpoena to produce documents
· shall produce them as they are kept in the usual course of business or shall
(i) fails to allow reasonable time for compliance, organize and label them to conrespond with the categories in the demand.
(ii) requires a person who is not a party or an oflicer of a
pany to travel ro a place more than IDD miles from the place where that person (2) When infomation subject to a subpoena is withheld on a claim that it is
resides, is employed or regularly transacts business in person, except that, subject privileged or subject to protection as trial preparation materials, the claim
to the provisions of clause (c) (3) (B) (iii) of tl1is rule, such a person may in order shall be made expressly and shall be supported by a description ofthe nature .
to attend ‘ of the documents, communications, or things not produced that is sutiicient
to enable the demanding party to contest the claim.