Free Memorandum - District Court of Arizona - Arizona

V 6AO 88 {Rev. 1/94lSubp0ena inaCiviI Case E C E I V I )

· · MAY O
Issued by the I 2666
UNITED STATES DISTRICT COURT &
. DISTRICT OF COLUMBIA
Verve L.L.C., SUBPOENA DUCES TECUM
Plaintiff, IN A CIVIL CASE
V.
CASE NUMBER: 1 CIV 05-0365-PHX-FJM
Hypercom Corporation, District of Arizona
Defendants.
TO: Mr. Thomas E. Anderson
Hunton & Williams, LLP
1900 K Street, NW _
Washington, DC 20005
lj YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to
testif in the above case.
PLACE or TESTIMONY coumnooivi
DATE AND TIME
K YOU ARE CO_MMANDED 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
Baker & McKenzie LLP - Monday, May 17, 2006
815 Conn. Ave. N.W. 9:00 a.m.
Washin ton, D.C. 20005
lx 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):
(See attached Exhibit "A") _ ` `
PLACE A DATE AND TIME v l
Baker & McKenzie LLP ·
815 conn. Ave. N.w. A yggdém May 16* 2666 ll
Washin ton, D.C. 20005 ' ' `
lj YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
ERENiisEs . 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).
Q
ISSUING OFFICER cNATu icATE IF ATTORNEY FOR PLAINTIFF oa DEFENDANT) DATE
A ( . . , April 21, 2006
A, _ ____,_ IQALL L Attorne for Plainti -
ISSUING oEEicER·s NAM RESS AND PHONE NU T ·”""’"
Monica A. Limon- ynn { ·
Snell 8T Wilmer LLP, 400 East Van Bu n, One Arizona Center, Phoenix, Arizona 85004, g602l382-6390
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse)
, Case 2:04-cv—00400—PGR Document 115 Filed 05/05/2006 Page 1 of 4
If action is pending in district other than district of issuance, state district under case number.
1823082 _



PROOF OF SERVICE ·

DATE PLACE
SERVED Hunton & Will`
4/26/06 @ 3:04pm mms .
1900 K Street NW #1200, W&ShlDQtOH, DC
SERVED ON (PRINT NAIVIE) IVIANNER OF SERVICE
. Thomas E. Anderson, Esq. Personal
SERVED BY (PRINT NAME) TITLE
Lorenzo Kenerson Private Process Server
DECLARATION OF SERVER
l declare under penalty of perjury under the laws of the United States of America that the foregoing information
contained in the Proof of Service is true and correct. ’
Executed on 4 / 27 [ 0 6 A #t-·~V\/
_ ` DATE RE OF SERV
WASHINGTON SERVICES, INC.
4|;|i|II.·:.;.nI ..rII:· et-.y... _ e ee
. ADDRESS OF SERVER Wumngbnl DC 20036
Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(cl PROTECTION or Peasons sueuecr TO suePoIzr~IAs. _?1uglel;trt(;t2§ of blauaedtbcltolllaltiilllof this rule. atlohla peralllj rtlley
I en I omm n v
(1) A party or an attorney responsible for the issuance and sen/ice of a stale in Whlcll llle trlal ls llgld) era B 0 ra B mm any suc p ace WI In 6
gubpoena ahall take reasonable steps tb ayold lmposlno undue burden_or (lii) requires disclosure of privileged or other protected matter and _
pense on a person subject to that subpoena. The court on behalf of which no excepllen el Welvel epplles 0,
the subpoena was issued shall enforce this duty and impose upon the party (lv) subjects e perseute urluue burden I
or attorney _ in breach of this duty an appropriate sanction, which may
Include, but IS not limited to, lost eamings and a reasonable attomey's fee. (B) lf a subpoena
(:2) (A) A oorsor" oomrrrorrooo tb breduee ono permit lrrspootron and (i) requires disclosure of a trade secret or other confidential research,
copying of designated books, papers, documents or tangible things, or develepmem el eemmelelellnlelmellen el
rrtoooorrorl at Promises heed het appear th Porsorr at tho Prooo at Production (ii) requires disclosure of an unretained expert's opinion or information
ar rospooooo unless oommooooo ta abbearfbr oooostrrorb hearlhb et rrrot not describing specific events or occurrences in dispute and resulting from the
(B) Subject to paragraph (d)(2) of this rule, a person commanded to experts study made not at (ne request at any pany. or
produce and permit inspection and copying may, within 14 days after service _ (ul) retlulres a person Wno ls hat a party_or an ottloer af a party ta
of subpoena or before the time specified for compliance if such time is less lnour $Ul3St8n(lH GXDBDSG to tl'élV€l ITIOFB than 100 miles to attend trlal, the court
than 14 days aner service, serve upon the pany or attorney designated in may, to brbteet a I¤>erabh_aubIebt ta pr affected by the subpoena. quash er
line suboogna yl/Ilueln ebjeeilelll I6 Inepecricoferbeepylng er anjé or in er the tgtesatlltgoglethgl. tgtlle beloy tlt Vgnose behalf ttle atlblloelha Is Isoued .
esigna e ma erias or o t e premises. o jectlon is ma e, t e party _ u _ l e or e_ ea lmony or ma erla a oanno e
serving me subpoena shall not be entitled to inspect and copy Ine materials etherwtae that wtthbut uhttue nardsnlp ahd aeeurea that the beraah to wherh
or Inspect the premises except pursuant to an order of the court by which the the subpoena ls addressed _Wlll be reasonably oompensated. tne court may
subpoena was issued. If objection has been made, the parljy serving the order appearance or produotlon only upon speoltled oondltlons- ‘
subpoena may, upon notice to the person commanded to pro uce, move at (cj) Du·j·lj;S (N Rj;gpONDlNG -l-O _guBl:>Ol;NA_
any time for an order to compel the production. Such an order to compel 1 A d. t b (
production shall protect any person who is not a party or an officer of a party dt ) th pBrS°'lhr€Sp°"k'"% . °lha Su rlmna O fpr°dV°° documents Shall
from slglnigcant expense resulting from the inspection and copying gg (gg; mgm gsmrgésgid glllihrgle c;;$é%?l8g?|§"$lggGl$1;?lg‘oSS at Shall orgamzo
comman e . ·
(3) (A) On llmely mellen the com by Whlch a subpoena was lssued _ _(2) When information subject to a subpoena is_ withheld _on a claim that it is
Shell quash el medlfy the Subeeena if ll pnvileged or subject to protection as trial preparation materials, the claim shall .
be made expressly and shall be supported by a description of the nature of the
(i) fails to allow reasonable time for compliance documents communications or things not produced that is sufficient to enable
t I t (ii) lequires a plersorgggwo nolt a pelloty oo aniofllcer clljatparty to the demanding party to contest the claim.
rave o_a pace more an ml es rom e pace w ere a person .
resides, IS employed or regularly transacts business in person, except that,
Case 2:04-cv—00400—PGIR Document 115 Filed 05/05/2006 Page 2 of 4
1823082

. J . I
EXHIBIT A
DEFINITIONS
1. "Any," "each," and "all" shall be read to be all inclusive, and to
A require the production of each and every document (as hereinafter defined)
- responsive to the particular request for production in which such term appears.
2. "And" and "or" and any other conjunctions or disjunctions used
herein shall be read both conjunctively and disjunctively so as to require the ·
production of all documents (as hereinafter defined) responsive to all or any part
of each particular request for production inwhich any conjunction or disjunction
appears. `
3. The term "Document" and "Documents" are used in their broadest
sense to include everything that is contemplated by Federal Rules of Civil
Procedure 26 and 34 including, without limitation, electronic media or other
tangible forms in which information is stored and includes all written or graphic
matter of every kind and description, however produced or reproduced, whether
draft of final, original or reproduction. The term "document" includes all copies of
a document which contain any additional writing, underlining, notes, deletions, or
any other markings or notations, or are otherwise not identical copies of the
n original.
4. The term "Verve, LLC" shall mean the limited liability company Q »
Verve, LLC, Raymond Galasso and/or Kevin Imes, individually and/or
collectively.
· 5. The terms "You" or "Your" shall mean Thomas E. Anderson and/or
Hunton & Williams. .
INSTRUCTIONS
l. Electronic records and computerized information must be prodced in
an intelligible format or together
2. In producing Documents, furnish all Documents known or available
to you. .
3. File folders with tabs or labels identifying Documents called for by
this Request must be produced intact with such Documents.
4. Documents attached to each other must not be separated
Case 2:04—cv—00400—PGR Document 115 Filed 05/05/2006 Page 3 of 4

3. Any and all Documents regarding or relating in any way to claims
for patent infringement involving or concerning U.S.` Patent No. 5,012,077, U.S.
Patent No. 4,678,895, and/or U.S. Patent No. 4,562,341. V
A 5. _ Any and all Documents regarding or relating to any financial
agreements (informal or formal) between Omron Corporation and Verve, LLC.
C 6. Any and all Documents regarding bringing or initiating any lawsuit,
action, demand, complaint, or proceeding against Hypercom Corporation.
7. Any and all Documents demonstrating the existence of "probable
cause" or the lack thereof as that term was used in the ITC Proceeding pertaining
to any claims asserted against Hypercom Corporation.
8. Any and all Documents exchanged between You, on the one hand,
and Raymond Galasso, Kevin Imes, Verve, LLC, and/or any attorney, agent,
1 member, employee or independent contractor of Verve, LLC,-on the other hand,
regarding Omron Corporation and/or Herbert Kemer.
9. Any and all Documents exchanged between You, on the one hand,
and Raymond Galasso, Kevin Imes, Verve, LLC, and/or any attorney, agent,
member, employee or independent contractor of Verve, LLC, on the other hand,
regarding Hypercom Corporation. ·
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