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

- ‘ /O2/2006 Pa e 1 of 2
Case 1 :04-cv-00875-G MS Document 156 2 Filed 05 9
Issued by the
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

TELCORDIA TECHNOLOGIES, INC. SUBPOENA IN A CIVIL CASE
V.
LUCENT TECHNOLOGIES INC. Case Number:] CA NO. 874-04-GMS
(PENDING IN U.S. DISTRICT COURT OF DELAWARE)
TO: Mark Beckner
66 Burlingame
Irvine, CA 92602
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 coLIETRooM
DATE AND TIME
* 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. The deposition will be taken using videotape, audiotape, and/or stenographic
means.
PLACE or DEPOSITION DATE AND TIME
Latham & Watkins » May 26m' 2006 at 9:00 a.m.
650 Town Center Drive, 20"` Floor g
Costa Mesa, California 92626-1925 °
EI YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at
the place, date, and time specified below (list documents or objects):
PLACE DATE AND TIME
El YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PLACE 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 behali 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 OFFlCER‘S AN TITLE (INDICATE IF ATTORNEY FOR PLAINTIEF on DEFENDANT) DATE AND TIME
ZS 4 May 2, 2006 at 2:30 p.m.
Attorney for efendant Lucent Technologies Inc.
Issumo oFI=ICER’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-00875-G MS Document 156-2 Filed 05/O2/2006 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 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
(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
( l) 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 (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 attomey in breach (iv) subjects a person to undue
of this duty an appropriate sanction which may include, but is not limited to, lost burden.
earnings and reasonable attomey’s fee.
(B) lfa subpoena
(2) (A) A person commanded to produce and pemuit 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. infomation, or
(ii) requires disclosure of an
(B) Subject to paragraph (d) (2) of this rule, a person commanded to unretained expert’s opinion or infomation not describing specific events or
produce and permit inspection and copying may, within I4 days after service of occurrences in dispute and resulting from the expert‘s study made not at the
subpoena or before the time specified for compliance ifsuch time is less than l4 request ofany 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 ofthe designated materials party or an ofiicer of a party to incur substantial expense to travel more than
or of the premises. lfobjeetion is made, the party serving the subpoena shall not IOO 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. lfobjection has been who behalfthe subpoena is issued shows a substantial need for the testimony
made, the pany serving 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 coun may order appearance or production only upon
officer of a party from significant expense resulting from the inspection and specified 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 modifythc subpoena ifit (l) 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 correspond with the categories in the demand.
(ii) requires a person who is not a patty or an otiicer ofa
party to travel to a place more than l00 miles from the place where that person (2) When infonnation 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 ofclause (c) (3) (B) (iii) ofthis rule, such a person may in order shall be made expressly and shall be supported by a description ofthe nature
to attend ofthe documents, communications, or things not produced that is suliicient
to enable the demanding party to contest the claim.