· IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANDREA L. SPOLTORE, )
fflda ANDREA L. CADWALLADER, )
)
Plaintiff, )
)
) C.A. N0. 04-125 (JJF)
v. )
)
WILMINGTON PROFESSIONAL )
ASSOCIATES, INC., )
)
Defendant. )
NOTICE OF DEPOSITION DUCES TECUM
TO: Steven T. Davis, Esquire
Obemtayer, Rebmann, Maxwell & Hippel, LLP
3 Mill Road, Suite 306A
Wilmington, DE 19806
PLEASE TAKE NOTICE that defendant will take the deposition ofthe Delaware
Department of Labor, Division of Unemployment Insurance* on April 5, 2005, beginning
at 10:00 a.m. at the ofices of Smith, Katzenstein & Furiow LLP, 800 Delaware Avenue,
Tm Floor, Wilmington, DE 19801.
SMI"i`I*17~I<£TZ 2'E1l\l & F URLOW LLP
Laurence V. Cronin (# 2385)
The Corporate Plaza
800 Delaware Avenue, P.O. Box 410
Wilmington, Delaware 19899
(302) 652-8400
Attorneys for Defendant
Dated: March 29, 2005
* Attendance at the deposition will be waived if the deponent produces the documents requested
pursuant to the attached subpoena on or before April 5, 2005.
{mom iaznoc
Case 1:04-cv-00125-JJF-l\/IPT Document 86 Filed O3/29/2005 Page 2 of 4
Issued by the
DISTRICT OF DELAWARE I
ANDREA L. SPOLTORE, SUBPOENA IN A CIVIL CASE - DUCES TECUM
Plaintiff]
v_ Case Number: 04-125 (JH:)
WILMINGTON PROFESSIONAL ASSOCIATES, INC.
Defendant.
TO: DELAWARE DEPARTMENT OF LABOR
DIVISION OF UNEMPLOYMENT INSURANCE
4425 N. MARKET STREET
WILMINGTON, DE 19802
El 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.
i=i.Ace oe resnmonv counrnoou
one Ano rume
I 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.*
pi.Ace oe oeeosmon one Ann ruvuz
Smith, Katzenstein & Furlow LLP
800 Delaware Avenue. 7th Floor APRIL 5, 2005 AT 10:00 A.M. *
P.O. Box 410
Wilmington, DE 19899
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):All records ofAndrea Spoltore,
SSN REDACTED Case N0. 157274, pertaining to her claim for unemployment benefits.
, *Attendance at the de osition will be waivedi the de orient roduces the re ested documents 0n ar be are A ril 4, 2005.
puree one Amo time
Smith, Katzenstein & Furlow LLP
800 Delaware Avenue, 7th Floor APRIL 5, 2005 AT 10:00 A.M. *
P.O. Box 410
Wilmin on, DE 19899
U YOU ARE COMMANDED to permit inspection of the followin remises at the date and time specified below.
pnemises I one Auonme
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)(6l.
I V- : · c - ; on o, m.euNo1cnen= rronn won pulimirr on DATE
DEFEND ·
Lauren e V. Cronin, At omey for Defendant MHYC}1 29, 2005
issumo orricervs wwe, Aooness me enone Numan _ _
Smith, Katzenstem & Purlow LLP, 800 Delaware Avenue, P.O. Box 410, Wilmington, DE 19899
(302) 652-8400
cc; iomuentv o. surron, esoume
sreveu r. mvis. esoume
Case 1 :04-cv-00125-JJF-l\/IPT Document 86 Filed O3/29/2005 Page 3 of 4
(See Rule 45, Federal Rules of Civil Procedure, Parts C&D on next page)
PROOF OF SERVICE
SERVED DATE PLACE
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
I 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
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil Procedure, Parts C & D: that person resides, is employed or regularly transacts business in
(or promotion of persons Subject to Subooono$_ person, except that, subject to the provisions of clause (c)(3)lBl(iiil of
this rule, such a person may in order to attend trial be commanded to
(ll A party or an attorney responsible for the issuance and travel from any such place with the state in which the trial is held, or
$8l’Vl¤€ of 6 $UbP0€¤€l Shall take l€6$¤l`l¤bl€ $l€l¤$ l¤ avoid lll“lP0$lll9 (iii) requires disclosure of privileged or other protected matter
undue burden or expense on a person subject to that Subp0el’\8. The and no exception or waiver applies, or
court on behalf of which the subpoena was issued shall enforce this (iv) subjects 8 pbrsdn rb undue burddn_
duty and impose upon the party or attorney in breach of this duty an
appropriate sanction which may include, but is not limited to, lost (Bl lf a subpoena
earnings and reasonable attorney's fee.
r _ li) requires disclosure of a trade secret or other confidential
(2)(A) A person commanded to produce and permit inspection and research, development, or commercial information, or
copying of designated books, papers, documents or tangible things, or (ii) requires disclosure of an unretained expert's opinion or
inspection of premises need not appear ln person at the place of information not describing specific events or occurrencesin dispute and
Pl0dU€ll¤¤ Ol lll$D€¢lil0l’l l·llll€$$ ¤0l'l’ll'l’l¤lldB¢l to appeal l0l’ deposition. resulting from the expert's study made not at the request of any party,
hearing or trial. br
(iii) requires a person who is not a party or an officer of a
lBl Subject to paragraph ldll2l of this rule. a person commanded party to incur substantial expense to travel more than 100 miles to
l0 l>l0dll¤€ ¤¤d Pellllll ll`l$P€ct'°ll and <>¤PYlllQ l’l‘l6Y· Wlllllll l4 GBYS allel attend trial, the court may, to protect a person subject to or affected by
service of subpoena or before the time specified for compliance il such the subpoena, quash or modify the subpoena, Of, if the party in whose
time is less than 14 days after service. serve upon the party or attorney behalf the subpoena is issued shows a substantial need for the
is made, the party serving the subpoena shall not be entitled to inspect addressed will be reasonably compensated, the court may order
Bhd COQY lT'l8t€l’l8l$ Of lI'\Sp€C[ [PIB premises EXCEPT PUISUBHI {O Bn order appgarancg or producjgn gn|y Upgn gpgcjfjgd cgndjtjgngh
of the court by which the subpoena was issued. lf objection has been
made, Ih€ pafiy SBl’Vll’lQ IhB SUb[J0€l`l8 fTl8Y, UpOl'l l’lOIlCB to (he pBfS0l`l Duties in Rggpgnding to Subpggna_
commanded to produce, move at any time for an order to compel the
production. `Such an order to compel production shall protect- any (1) A person responding to a subpoena to produce
p°'$°" ‘â€h° '$_ "°t a l°a"Y_°' an _°"'°°' °l a Pam l'°m s'g"‘l'°°m documents shall produce them as they are kept in the usual course of
expense resulting from the inspection and copying Colnlnandéd- busgnpss Qf shall organize and label them to correspond with the
_ _ _ _ categories in the demand.
(3)(Al On timely motion, the court by which a subpoena was issued
shall quash or modify the subpoena rf it (2) When information subject to a subpoena is withheld on
_ _ _ _ a claim that it is privileged or subject to protection as trial preparation
lalls f° allow leasonablo Uma for C°mpl'a“°°· _ materials, the claim shall be made expressly and shall be supported by
llll '¤¤l~lll¤$ 6 ¤°l$°ll Wl’l° ls ll°f 8 P¤'lV °l’ all Olllcel °l 6 adascription of the nature of the documents, communications. or things
Pall)! l° UBV€l l° ll Place ""l°'° mall loo l'“‘l°$ l'°"" tha Place Wl‘°’° not produced that is sufficient to enable the demanding party to contest
the claim.
I000l 132.WPD
Case 1:O4-cv—OO125-JJF—MPT Document 86 Filed O3/29/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 29* day of March 2005, I served copies ofthe foregoing
NOTICE OF DEPOSITION DUCES TECUM upon the following in the manner indicated:
VIA E-FILING VIA FACSIMILE & FIRST CLASS MAH.
Steven T. Davis, Esquire Kimberly D. Sutton, Esquire
Obermayer, Rebmann, Maxwell 8.: Hippel, LLP Obermayer Rebmann Maxwell & Hippel LLP
3 Mill Road, Suite 306A 20 Brace Road, Suite 300
Wilmington, DE 19806 Cherry Hill, NJ 08034-2634
fsf Laurence V. Cronin
Laurence V. Cronin (ID 2385)
iocoowcawrn
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