Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:07-cv-05026-MHP
OAO88 (Rev. 12/06) Subpoena in a Civil Case

Document 7-2

Filed 11/05/2007

Page 1 of 4
Clear Form

Issued by the

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
IO GROUP, INC, Plaintiff

SUBPOENA IN A CIVIL CASE V.
GILBERT MICHAEL GONZALES and DOES 1-21, Defendants,

Case Number:1 C-07-5026 (MHP)
Northern District of California

TO:

DSL Extreme 20847 Sherman Way, Suite 300 Winnetka, CA 91306

G 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 OF TESTIMONY COURTROOM

DATE AND TIME

G 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.
PLACE OF DEPOSITION DATE AND TIME

G 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):
Documents sufficient to identify the name, address and e-mail address of the DSL Extreme subscriber assigned the ip address 72.25.120.81 on September 10, 2007.
PLACE DATE AND TIME

Gill Sperlein, Io Group, Inc., 69 Converse Street, San Francisco, CA 94103 [email protected], facsimile 415.252.7747

11/30/2007 5:00 pm

G 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 OFFICER'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

Gill Sperlein, Attorney for Plaintiff Io Group, Inc. 69 Converse Street, San Francsico, CA 94103 (p) 415-487-1211 X32.
(See R ule 45, Federal R ules of C ivil Procedure, Subdivisions (c), (d), and (e), on next page)

1

If action is pending in district other than district of issuance, state district under case number.

AO88 (Rev. 12/06) Subpoena in a Civil Case

Case 3:07-cv-05026-MHP

Document 7-2

Filed 11/05/2007

Page 2 of 4

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, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(c) P ROTECTION OF P ERSONS S UBJECT TO S UBPOENAS . (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a perso n subject to that sub poena. The court on behalf of w hich the subpoena w as issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sa nction, w hich may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of prod uctio n or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, w ithin 14 days after service of the subpoena or before the time specified for compliance if such time is less than 1 4 d ays after service, serve upon the party or attorney designated in the subpoena w ritten objection to producing any or all of the designated materials or inspection of the premises -- or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by w hich the subpoena w as issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sam p ling. Such an order to compel shall protect any person w ho is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) O n timely motion, the court by w hich a subpoena w as issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person w ho is not a party or an officer of a party to travel to a place more than 100 miles from the place w here that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place w ithin the state in w hich the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or w aiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained exp ert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person w ho is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in w hose behalf the subpoena is issued show s a substantial need for the testimony or material that cannot be otherw ise met w ithout undue hardship and assures that the perso n to w hom the subpoena is addressed w ill be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) D UTIES IN R ESPONDING TO S UBPOENA . (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond w ith the categories in the demand. (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in w hich the person ordinarily maintains it or in a form or forms that are reasonably usable. (C ) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D ) A person responding to a subpoena need not provide discovery of ele ctro nic ally stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. O n motion to compel discovery or to quash, the person from w hom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that sho w ing is made, the court may nonetheless order discovery from such sources if the requesting party show s good cause, considering the limitations of R ule 26(b)(2)(C ). The court may specify conditions for the discovery. (2) (A) W hen information subject to a subpoena is w ithheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be sup p o rted by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person w ho produced the information must preserve the information until the claim is resolved. (e) C ONTEM PT . Failure of any person w ithout adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from w hich the subpo ena issued . A n adequate cause for failure to obey exists w hen a subpoena purp o rts to require a nonparty to attend or produce at a place not w ithin the lim its p rovid ed by clause (ii) of subparagraph (c)(3)(A).

Case 3:07-cv-05026-MHP

Document 7-2

Filed 11/05/2007

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Case 3:07-cv-05026-MHP

Document 7-2

Filed 11/05/2007

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