Free Proposed Order - District Court of California - California

Case 5:07-cr-00610-JF

Document 40-3

Filed 06/27/2008

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNrrED STATES

SUBPOENATO PRODUCE DOCUMENTSOR OBJECTS IN A CRIMINAL CASE

v.
BERNADE1TE ESCUE

CaseNumber: CR-O7-00610 JF

TO:

HURON CONSULTING GROUP

YOU ARE COMMANDED to produce at d1eplace, date, and time specified d1edocument(s) or object(s) indicated below, If compliance would be unreasonableor oppressive,' you may ftIe a motion requesting the court to quash or modify the subpoena, review d1edocumentsin camera, or to permit production only pursuantto a protective order. to PLACE OURTROOM/JUOOE [8] United StatesCourthouse 0 United StatesCourthouse The Hon. Jeremy 280 Saudt First Street 1301Clay Stteet Fogel SanJose,CA 95113 Oakland, CA 94612

0

United StatesCourthouse 450 Golden GateAvenue SanFrancisco. 94102 CA

If the document(s) object(s) are producedin advanceof the date specified,either to the DATE AND 11ME or court in an envelopedeliveredto the clerk's office or to d1eissuingattorneywhosenameand address appears below. no appearance necessary is . The following document(s)or object(s) shall be produced: SEE EXHIBIT A, A 1T ACHED HERETO. July
--J

2008

testify and bring documentsto a criminal proceeding,must use Form CAND 89A, Subpoena to Testifyin a Criminal Case. Formsare availableat the Court's Internet site: b ://www .cand.uscourts.ov.

DATE

Mark R. Venneulen,Law Office of Mark R. Vermeulen755 Florida St, SanFrancisco,CA 94110 415.824.7533

Case 5:07-cr-00610-JF

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EXHIBIT A to Subpoena to Produce Documents or Objects in a Criminal Case, U.S. v. Bernadette Escue, U.S.D.C. (N.D.Cal ­ San Jose) No. CR-07-00610 JF) Instructions For purposes of compliance with this Subpoena: 1. The records requested herein encompass all documents which are in the possession, custody or control of the subpoenaed party. The documents are to be produced as they are kept in the usual course of business, or organized and labeled to correspond to the numbered paragraphs or categories of particular requests. If there are no documents responsive to a particular numbered paragraph, so state in writing. 2. All records produced from inside the United States are to be accompanied by a certification under Rule 902(11) of the Federal Rules of Evidence, substantially in the form of the certification attached hereto as Exhibit B. 3. All records produced shall be provided in their entirety notwithstanding the fact that portions thereof may contain information not requested. All interim as well as final versions of the document shall be produced, along with all versions or copies that are not identical to the original or other produced copy of the document, whether due to handwritten notations, modifications, changes, amendments, revisions or otherwise, shall be produced and/or otherwise treated as a separate document. 4. The term "all communications" in paragraph 3 below shall include but not be limited to all hard-copy, electronic, and computerized data compilations, and shall include all emails (including those stored or archived on any computer, any shared or public network drives, as well as those recoverable from back-up devices). 5. The records are to be produced simultaneously to the Court, and to the Assistant U.S. Attorney Joseph Fazioli, defense counsel Mark Vermeulen, and U.S. Probation Officer Lori Timmons at the following addresses, respectively: Joseph Fazioli U.S. Attorney's Office 150 Almaden Blvd., Suite 900 San Jose, CA 95113 Mark Vermeulen Attorney at Law 755 Florida St. #4 San Francisco, CA 94110-2044 Lori Timmons U.S. Probation Office U.S. Courthouse & Federal Bldg. 280 S. First St. - Suite 106 San Jose, CA 95113-3003 1

Case 5:07-cr-00610-JF

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Documents to be produced 1. All documents and records that provide support for professional fee charges for the individuals listed below in connection with the request(s) for restitution in this case, including but not limited to timesheets prepared by the listed employees to verify hours billed in invoice number 103109 dated January 29, 2004 and invoice number 102637 dated December 17, 2003: a. Richard Pimentel b. James Leach c. Peter Blessing d. Catherine Suer e. Dylan Wells 2. A detailed description of the tasks and work performed for the individuals listed above for each separate time entry. 3. All engagement letters and all communications between Network Appliance, Inc. and Huron Consulting Group, including but not limited to details regarding the scope of work to be performed and the rates to be charged. 4. All supporting documentation related to expenses incurred.

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Case 5:07-cr-00610-JF

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EXlUBITB CERTIFICATION PURSUANTTO FED. R. EVID. 902(11) (documents maintained within theUnitedStates)

am

As sud1,I am a duly authorizedcustodian of [Company] records.I herebycertify that the 11 attached documents,which are:

[Insertgeneraldescription]

are domesticrecordsthat were madeat or ra.r the time of the occurrenceof the matters set forth by, or from information transmitted by, a person with knowledge of those matters; that such records were kept in the course of a regularly conducted business activity; that the regularly conductedbusinessactivity made such records as a regular pradice; and that such recordsarc [originals] [duplicatesof originals]. [Strike one] I declareunderpenalty of perjury that the foregoing is true ~ Dated . .
[City, State]

correct.

(Date]

[Signature] [Printedname]

Case 5:07-cr-00610-JF

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Filed 06/27/2008

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