Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :04-cv-00360-JJF Document 77 Filed 01 /24/2006 Page 1 of 2
Issued by the
UNITED STATES Distinct Count
DESTRICT OF Deiaware
Trilegiant Loyalty Solutions, Inc.,
Plaintiff SUBPOENA IN A CIVIL CASE
V.
Maritz Inc.
‘ I 77'' ''77 7"O ' it I ‘i 'mDEl`eridai‘it ‘‘‘’‘‘ Case Numberf 04-3 60-HF
District of Delaware
TQ; Afiinion Net Patents, inc.
cio National Registered Agents, Inc.
l60 Greentree Drive, Suite 1
Dover, DE 19904
YOU ARE COMMANDED to appear inthe United States District court at the place, date, and time specified below to
testify inthe above case.
PLACE OF TESTIMONY COURTROOM
one AND rnvra
YOU ARE COMMANDEI) to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case. i `
l’LACli OF DEPOSITION _ · 5 l DATE AND TIME
lx . YOU ARE COMMANDED to produce and permitinspection and copying ofthe following documents or objects at the
place, date, and time specitied below (list documents or objects):
See Attachment A
PLACE, U l DATE AND sims
CONNOLLY BOVE LODGE & HUTZ LLP
The naman; Building, 1007 omg; sirgn, go. sox 22Qj, ivrimingies. pg iggsg ‘?"“‘““"Y 30 =· 2006
.l3 YOU ARE COMMANEDED to permit inspection of the foliowing premises at the date and time specilied below.
PREMISES I DATE AND TIME
Any organization not a party to this suit that is snbpoenaed 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 behalij and may set forte, for each person designated, the
matters on which the person wilt testity. Federal Rules ottjwit Procedure, 30(b)(o).
ESSIHNG osF1CI2R·s SIGNAHJRE AND TITLE (INDlCA'?E IF ATTORNEY Fon FLAINHFF OR QEFENDAN?) DATE
Rudoif I2. Han {#4s4), CONl>lQL,LY Bova LoDGtE,& HUTZ LLP 4,, ,1,,,
Attome s for Defendant ` { L ” _ ` ` - ·_ , C? 1 · - . fi}
tssoiuo oFF1cER‘s NAME, ABDRESS AND PHONE NU ER ’ I. J, K,
Rodent E. site (#484}, CONNGLLY sovs Lopes & HUTZ LL? : pj `T _/
The Nemours Buiiding, 1007 Orange Street, 1**.0. Box 2207, Wilmington, DE 19899 Phone: (302) 658-914i
{See Rule 45, Federai Rules ofCivil Procedure, Parts C E: D on next page)
' It` action is pending in district other than district of issuance, state district under case number.

Case 1 :04-cv-00360-JJ F Docu ment 77 Filed O1 /24/2006 Page 2 of 2
SAOBS (Delaware Rev. 7/DO] Subwerta En a Civil Case “____
PROOF OF SERVECE
DATE Pl-ACE if/??’ fl M- AH. gsrjjvz/:...ei LVK r.
SERVED ,/é? til C} ffeii ive-; $>’Lv-ft $1*1 ’ Dt
`; _ ` i 4 , ° . ("- 5
; L/;{_f» I ZL, ZGULE Y)~r>•r<;..L BQ. rr iw;
SERVED ON (HUNT NAME) _ MANNER OF SERVICE
` e ,/P "` . ,
A{é;y»;£*‘>· A/.3} ff? ?£Cr’?7¢—ll 5’{··M'·’¢’L
, ~> _,, V 1 , _ V_
{;(·;{[vrrJ }5‘€-[ 1 :44/L it/{,<;··;»n¢iA;Q¢~·¤ .#r?"' ‘·’]· ih {JFK » DU iC)(Qg{/flék.

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 20 G C6 Gigi/jéiy if ,4;-/
DATE SEGNATURE OF SER\gjE {
QZ [ pggjl gfrvfxlaé $53 { ,, é 1 gg} fz
ADDRESS OF SERVER
\Oi·f§,r».

Rule 45, Federal Rules of Civil Procedure, Parts C 8:. D: »
(c) ?ROTEC'i`ION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A patty or an attorney responsible for the issuance and service o fa _
subpoena shall take reasonubie steps to avoid imposing undue burden or expense trial be commanded to travel from any such place within the state in which the
on at person subject to that subpoena. The court on behslfof which the suhpoena trial is held, or
was issued shall enforce this duty and impose upon the party or attomey in breach
of this duty an appropriate sanction which may include, but is not limited to, lost (iii) requires disclosure ofpriviieged or other protected matter and
earnings and reasonable auomeys fee. . no exception or waiver applies, or
(iv) subjects a person to undue burden,
(2) (A) A person commamiedto produce and permit inspection and copying
of destgrzateck books, papers, documents or tangible things, or inspection of (B) lf as subpoena
premises need not appear in person at the place of production or inspection unless
commanded to appear for deposition, hearing or trial. (S) requires disclosure of e trade secret ur utlter connueotial
research, development, or commercial infomation, or
(B) Subject to paragraph (G) (2} of this rule, a person commanded to (ii) requires disclosure of an unretained experfs opinion or
produce and permit inspection and copying may, within l4 days alter service of information not describing specific events or occurrences in dispute and resulting
subpoena or before the time specltied for cornpliance if such time is less than E4 from the expert’s study made not at the request of any party, or
days atier service, serve upon me party or nttomey designated in me subpoena (tit} requires a person who is not a perry or an ofticer ofa party to
written objection to inspection or copying ofany or all of the designated materials incur substantial expense to travel more than HP0 miles to attend trial, the court
or of the premises. If objection is made, the party serving the subpoena shall not rnay, to protect 2 person subject to or affected bythe subpoena, quash or modify
be entitled to inspect and copy materials orinspectthe premises except pursuant the subpoena, or, if the party in who behalf the subpoena is issued shows a
to an order ofthe court by which the subpoena was issued. if objection has been substantial need for the testimony or material that cannot be otherwise met
made, the party servtng the subpoena may, upon rtottce to the person commanded without undue hardship and assures that the person to whom the subpoena is
to produce, move at any time for an order to compel the production. Such an addressed will be reasonabéy compensated, the court may order appearance or
` " “ ‘ ‘‘‘‘‘ 0 ttier to“c‘o‘mply‘production“shal‘l"protect any personwho istnot atpamy or an · · ··tproducticrronly·upon··speciiied couéitiortsr ·-· ·· · ······· · ········ · · ····· ·· ··-·· · ·· · - - - -
officer of a party from signilicant expense resulting from the inspection and
copying commanded, (tl) DUTIES EN RESPONDYNG TO SUBPOENA.
(3) {A) On timely motion, the coun by which a subpoena was issued shall (l) A person responding to a subpoena to produce documents shall produce
quash or modify the subpoena if it them as they are kept in the usual course ofpusiness or shall organize and label
them to correspond with the categories in the demand.
fails to allow reasonable time for compliance,
(11) requires a person who is not a party or an officer ofa party to (2) When infomation subject to s subpoena rs wtthtteid cn za. claim that it 15
travel to a place more than 100 miles from the place where that person resides, is privileged or subject to protection u trial preparation materials, the claim shall be
employed or regularly tmnsacts business in person, except that, subject to the made expressly and shall be supported by a description o f the nature o t` the
provisions of clause (c) (3} (B} {iii) of this rule, such a person may in order to doeumenrseonununications, or things not produced thetis sufficient to ettablethe
attend demanding party to contest the claim.

Case 1:04-cv-00360-JJF

Document 77

Filed 01/24/2006

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Case 1:04-cv-00360-JJF

Document 77

Filed 01/24/2006

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