Free Certificate of Service - District Court of Arizona - Arizona

%AO88 (Rev. l2/Q6) Qubgoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF
y A‘G"3"d€” ~’““9 SUBPOENA IN A CIVIL CASE
V.
John Potter, Post Master General, U.S. Postal
Service Case Numbmt 04-429 PHX MHM
TQ; John Jensen M.D.
1440 S. Country Club #30
Mesa, AZ 85210
M 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 TEsTiMoNv coURTRooM
United States District Court 525
401 West Washington
Courtroom 525 DATE AND TIME
Phoenix, AZ 85003 8/1/2007 8:45 am
l] 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 or DEPOSITION { DATE AND TIME
I] 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 I DATE AND TrME
li] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES I 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 behalfi and may set forth, for each person designated, the
matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
1ss 1cER%§oN RE AND TITLE (INDICATE ir ATTORNEY ron 1>LA1NT1EE on DEFENDANT) DAEQ
" D *til’r`t~ tl ~ A » , ‘ tr
ad., g..5 ®
ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER
Rosval A. Patterson
777 East Thomas Rd, Ste 210, Phoenix AZ 85014 (602) 462-1004
(See Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), on next page)
’ lf action is pending in district other than district of issuance, state district under case number.
Case 2:04-cv—00429-MHM Document 170 Filed 08/01 /2007 Page 1 of 2

Ag ]§§ (Rev l2[!)§) Sjihpgmg in a (ivjj (gpg
PROOF OF SERVICE
DATE PLACE ¤ _ _ _ M » U [km
. i ’ `’' @ ® .. .A·· ¤ ME he if
ERVED QF M? ip W ' W%t‘ ri “ ` »~» a.
S aw £% @ · a I @>"n@,) »’‘E @$2A I
SERVED ON (PRINT NAME) MANNER OF SERVICE
`°° F if `lv M `*·» r, T
)tt”@)5 ii) ’
SERVED BY (PRINT NAME) TITLE
;t"'•·»,,_` in-
$0 Wt E . IVVI QUCEEE Ewthixiflfw
DECLARATION OF SERVER
I declare under penalty ofperjury under the laws ofthe United States of America that the foregoing information contained
in the Proof of Service is true and correct.
».__ ——.
V )
Executed on dine t ’ ’ { »
i· DATE SIGNATURE SERVER
i~-·»» ~ ., e
·- ·· tttt,
ADDRESS OF SERVER
7 J Q ·· ’ .
’'‘; W t‘= .
@ ‘‘· · r
Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December l, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. i to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf
(l) A party or an attorney responsible for the issuance and service of a subpoena shall take the subpoena is issued shows a substantial need for the testimony or material that cannot be
reasonable steps to avoid imposing undue burden or expense on a person subject to that otherwise met without undue hardship and assures that the person to whom the subpoena is
subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and addressed will be reasonably compensated, the court may order appearance or production only
impose upon the party or attorney in breach of this duty an appropriate sanction, which may upon specified conditions.
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 (d) DUTIES lN RESPONDING TO SUBPOENA.
sampling of designated electronically stored infomation, books, papers, documents or tangible (1) (A) A person responding to a subpoena to produce documents shall produce them as
things, or inspection of premises need not appear in person at the place of production or they are kept in the usual course of business or shall organize and label them to correspond with
inspection unless commanded to appear for deposition, hearing or trial. the categories in the demand.
(B) Subj ect to paragraph (d) (2) of this rule, a person cormnanded to produce and permit (B) If a subpoena does not specify the form or forms for producing electronically stored
inspection, copying, testing, or sampling may, within 14 days after service ofthe subpoena or information, a person responding to a subpoena must produce the information in a form or
before the time specified for compliance if such time is less than I4 days after service, serve forms in which the person ordinarily maintains it or in a fonn or forms that are reasonably
upon the party or attorney designated in the subpoena written objection to producing any or all usable.
ofthe designated materials or inspection ofthe premises — or to producing electronically stored (C) A person responding to a subpoena need not produce the same electronically stored
infonnation in the fonn or forms requested. If objection is made, the party sewing the subpoena information in more than one form.
shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except (D) A person responding to a subpoena need not provide discovery of electronically
pursuant to an order ofthe court by which the subpoena was issued. If objection has been made, stored information from sources that the person identifies as not reasonably accessible because
the party sewing the subpoena may, upon notice to the person commanded to produce, move of undue burden or cost. On motion to compel discovery or to quash, the person from whom
at any time for an order to compel the production, inspection, copying, testing, or sampling. discovery is sought must show that the infomation sought is not reasonably accessible because
Such an order to compel shall protect any person who is not a party or an officer of a party from of undue burden or cost. If that showing is made, the court may nonetheless order discovery
significant expense resulting from the inspection, copying, testing, or sampling cormnanded. from such sources if the requesting party shows good cause, considering the limitations of Rule
(3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify 26(b)(2)(C). The court may specify conditions for the discovery.
the subpoena if it (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged
(i) fails to allow reasonable time for compliance; or subject to protection as trial·preparation materials, the claim shall be made expressly and
(ii) requires a person who is not a party or an officer of a party to travel to a place shall be supported by a description ofthe nature ofthe doctunents, communications, or things
more than 100 miles from the place where that person resides, is employed or regularly transacts not produced that is sufficient to enable the demanding party to contest the claim.
business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such (B) If information is produced in response to a subpoena that is subject to a claim of
a person may in order to attend trial be cormnanded to travel from any such place within the privilege or of protection as trial—preparation material, the person making the claim may notify
state in which the trial is held; any party that received the information of the claim and the basis for it. After being notified,
(iii) requires disclosure of privileged or other protected matter and no exception or a party must promptly return, sequester, or destroy the specified information and any copies it
waiver applies; or has and may not use or disclose the information until the claim is resolved. A receiving party
(iv) subjects a person to undue burden. may promptly present the information to the court under seal for a determination of the claim.
(B) lf a subpoena If the receiving party disclosed the infonnation before being notified, it must take reasonable
(i) requires disclosure of a trade secret or other confidential research, development, steps to retrieve it. The person who produced the information must preserve the information
or commercial information, or until the claim is resolved.
(ii) requires disclosure of an unretained expert’s opinion or information not
describing specific events or occurrences in dispute and resulting from the expert’s study made (e) CONTEMPT, Failure of any person without adequate excuse to obey a subpoena served upon
not at the request of any party, or that person may be deemed a contempt of the court from which the subpoena issued. An
(iii) requires a person who is not a patty or an officer of a party to incur substantial adequate cause for failure to obey exists when a subpoena purports to require a nonparty to
expense to travel more than 100 miles to attend trial, the court may, to protecta person subject attend or produce at a place not within the limits provided by clause (ii) of subparagraph
<¤><3)-
Case 2:04-cv—00429-I\/IHI\/I Document 170 Filed 08/01 /2007 Page 2 of 2

Case 2:04-cv-00429-MHM

Document 170

Filed 08/01/2007

Page 1 of 2

Case 2:04-cv-00429-MHM

Document 170

Filed 08/01/2007

Page 2 of 2