Free Proposed Order - District Court of California - California

Case 5:07-cr-00610-JF
CAND (Rev. S8Ip-. . ~ I9B 1/fKJ) ~

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~ Obj.- . . Crim88I C-

UNITED STATES DISTRICT COURT
NORlHERN DISTRICT OF CALIFORNIA

UNrrED STATES

SUBPOENATO PRODUCE DOCUMENTSOR OBJECTS IN A CRIMINAL CASE

v.
BERNADEn'E ESCUE CaseNumber: CR-O7-00610 IF

TO:
NElWORK APPLIANCE, INC.

YOU ARE COMMANDED to produce at die place, date, and time specified die document(s) or object(s) indicated below. If compliance would be unreasonableor oppressive,you may file a motion requesting die court to quash or modify die subJX>CDa, to ~view die documentsin camera, or to pem1itproduction only pursuantto a )X'otective order. PLACE OURTROOM/JUOOE 280 Saum First Street SanJose,CA 95113 1301Clay Street Oakland. CA 94612 Fogel

0

United States Courthouse [8J United States Courthouse 0 UnitedStates Courthouse HoD.Jeremy The
450 GoldenGate Avenue SanFrancisco,CA 94102

Ifdie document(s)orobject(s) are producedin advanceof die date specified,either to dte DATEAND

court anenvelope in delivered theclerk's to officeor tomeissuing attorney whose name and
address appears below, no appearance necessary is . The following document(s)or object(s) shall be produced: ---

July-J

2008

SEEEXHIBIT A. An ACHEDHERETO.

criminal

CA Mark R Vennewen, Office of Mark R Vermeulen 755 Fl orida St. SanFrancisco, 94110 Law 415.824.7533

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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

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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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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]

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