UNITED STATES DISTRICT COURT
DISTRICT OF /—\F
V.
Honeywell Retirement Earnings Plan, et al. Case Number:] CVOAFO424 PHX ROS
TO: Craig Chapman
c/o David B. Rosenbaum
OSBORN MALEDON, P.A.
2929 N. Central Ave. Suite 2100 Phoenix, AZ 85012-2794
[I 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 TESTIMONY CoUaTRooM
DATE AND TIME
IZ YOU ARE COMIVIANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE or DE1>os1T1oN MARTIN & BONNETT, PLLC- DATE AND TIME
3300 N. central Ave. suite 1720 Phoenix, AZ 03012 4/22/2008 9100 am
I] YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects):
PLACE I DATE AND TIME
I] YOU ARE COMMANDED to pennit 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 o1=E1CERrs SIGNATURE AND TITLE (INDICATE na ATTORNEY ron PLAINTIFF on DEFENDANT) DATE
iss A OFFICER’S NAME, ADDRESS AND PHONE NUMBER
Jennifer Kroll., Esq. MARTIN & BONNETT, PLLC
3300 N. Central Ave. Suite 1720 Phoenix, AZ 85012 (602) 240-6900
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
ir lf action is pending in district other than district of issuance, state district under case number.
Case 2 :04-cv-00424-ROS Document 424 Filed 03/27/2008 Page 1 of 2
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 ofthe United States of America that the foregoing infonnation 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, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A party or an attomey responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden or expense trial be commanded to travel from any such place within the state in which the
on a person subject to that subpoena. The court on behalf of which the subpoena 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 of privileged or other protected matter and
earnings and reasonable attomey’s fee. no exception or waiver applies, or
(iv) subjects a person to undue burden,
(2) (A) A person commanded to produce and permit inspection and copying
of designated books, papers, documents or tangible things, or inspection of (B) If a subpoena
premises need not appear in person at the place of production or inspection unless
commanded to appear for deposition, hearing or trial. (i) requires disclosure of a trade secret or other confidential
research, development, or commercial infonnation, or
(B) Subject to paragraph (d) (2) of this rule, a person commanded to (ii) requires disclosure of an unretained expert’s opinion or
produce and permit inspection and copying may, within 14 days after service of infomiation not describing specific events or occurrences in dispute and resulting
subpoena or before the time specified for compliance if such time is less than 14 from the expe1t’s study made not at the request of any party, or
days after service, serve upon the party or attomey designated in the subpoena (iii) requires a person who is not a party or an officer of a party to
written objection to inspection or copying of any or all ofthe designated materials incur substantial expense to travel more than 100 miles to attend trial, the court
or ofthe premises. If objection is made, the party serving the subpoena shall not may, to protect a person subject to or affected by the subpoena, quash or modify
be entitled to inspect and copy materials or inspect the 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 serving the subpoena may, upon notice 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 reasonably compensated, the court may order appearance or
order to comply production shall protect any person who is not a party or an production only upon specified conditions.
officer of a party from significant expense resulting from the inspection and
copying commanded. (d) DUTIES IN RESPONDING TO SUBPOENA.
(3) (A) On timely motion, the court by which a subpoena was issued shall (1) 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 of business or shall organize and label
them to correspond with the categories in the demand.
(i) fails to allow reasonable time for compliance,
‘ (ii) requires a person who is not a party or an officer of a party to (2) When infomation subject to a subpoena is withheld on a claim that it is
travel to a place more than 100 miles from the place where that person resides, is privileged or subject to protection as trial preparation materials, the claim shall be
employed or regularly transacts business in person, except that, subject to the made expressly and shall be supported by a description of the nature of the
provisions of clau c) (3 ) i") of thi l h n ma `n order to AQ; ments, n` otpr ced tha `s su `entto enable the
amd Case? Q.0Zl—cv-00&’2?f—RO'§ Uocu ment Z§,d,m,E§i,K§"§,,@3 §`,,m_ °lg“age E ofr'2
Case 2:04-cv-00424-ROS
Document 424
Filed 03/27/2008
Page 1 of 2
Case 2:04-cv-00424-ROS
Document 424
Filed 03/27/2008
Page 2 of 2
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