Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :04-cv-001 25-JJ F-l\/I PT Document 82 Filed 03/16/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANDREA L. SPOLTORE, )
f/k/a ANDREA L. CADWALLADER. )
)
Plaintiff, )
1
) C.A. No. 04-125 (JJF)
v. )
)
WH.MINGTON PROFESSIONAL )
ASSOCLATES, INC., )
)
Defendant. )
NOTICE OF DEPOSITION DUCES TECUM
TO: Steven T. Davis, Esquire
Obermayer, Rebmann, Maxwell & I-Iippel, LLP
3 Mill Road, Suite 306A
Wilmington, DE 19806
PLEASE TAKE NOTICE that defendant will take the deposition of Delaware
Medical Management Services, LLC* on March 23. 2005, beginning at 10:00 a.m. at the
offices of Smith, Katzenstein & Furlow LLP, 800 Delaware Avenue, 7m Floor,
Wilmington, DE 19801.
SMITH, KATZENSTEIN & FURLOW LLP
‘ /s/ Laurence V. Cronin
Laurence V. Cronin (# 2385)
The Corporate Plaza
800 Delaware Avenue, P.O. Box 410
Wihnington, Delaware 19899
(302) 652-8400
Attorneys for Defendant
Dated: March I6, 2005
* Attendance at the deposition will be waived if the deponent produces the documents requested
pursuant to the attached subpoena on or before March 23, 2005.
{10000762.DOC

Case 1:04-cv-00125-JJF-I\/IPT Document 82 Filed O3/16/2005 Page 2 of 4
AO 88 (Rev. 7JIX]l Sugna in 2 Civil Cas:
Issued by the
DISTRICT OF DELAWARE
ANDREA L. SPOLTORE, SUBPOENA IN A CIVIL CASE — DUCES YECUM
Plaintiff.
v. Case Number: 04-125 (UF)
WILMINGTON PROFESSIONAL ASSOCIATES. INC.
Defendant.
TO: DELAWARE MEDICAL MANAGEMENT SERVICES. LLC
D71 OMEGA DRIVE
NEWARK. DE 19713
E1 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.
i>i.Ace or resrwiowv couarnooti
one Ann time
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.*
i=i.AcE ol= preposition i>AnaAi~i1>mm
Smith, Katzenstein & Furlow LLP
800 Delaware Avenue, 7th Floor MARCH 23. 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 cmploymcntrccords ofAndrea
Spoltore, f/k/a Andrea Cadwalladcr, including but not limited to attendance records, payroll, workers’ compensation
claim, and personnel files.
*Attendauce at the deposition will be waived U` the deponeut produces the requested documents on or before September 9,
2004.
mice om; Amo time
Smith. Katzenstein & Furlow LLP
800 Delaware Avenue. 7th Floor MARCH 23. 2005 AT 10:00 A.M. *
P.O. Box 410
Wilmington. DE 19899
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
pneuises I one Amo 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)(6l.
issumc ori=iceiz·s sicnxirune Amo rms iii~i¤icArs ir Arronwsv ron imtiiirirr ori DATE
DEFENDANT)
Laurence V. Cronin, Attorney for Defendant MMGI1 16, 2005
assume orricsws NAME, Aooasss Amp prions Numan _ _
Smith, Katzenstein & F urlow LLP, 800 Delaware Avenue, P.O. Box 410, Wilmington, DE 19899
(302) 652-8400
cc; xmaentv n. surton. esouuu;
srizvuer: T. DAVIS, esoumu

Case 1 :04-cv-00125-JJF-l\/IPT Document 82 Filed O3/16/2005 Page 3 of 4
(5:: Rule 45. Fed¤1I Rules et'Civil Prneedmr, Pam C&D on next pag:)
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
in
Ru|€ 45, Feder;) Rujgs Of Civil Proggdurgl Pons C & D; person, except that, subject to the provisions of clause (c)(3l(Bl(iiil of
this rule, such a person may in order to attend trial be commanded to
rc) protection of persons Subject to Subp0pnaS_ travel from any such place with the state in which the trial is held, or
(1) A party or an attorney responsible for the issuance and (iii) requires disclosure of privileged or other protected matter
service of a subpoena shall take reasonable steps to avoid imposing and no exception or waiver applies, or
undue burden or expense on a person subject to that subpoena. The (iv) subjects a person to undue burden.
court on behalf of which the subpoena was issued shall enforce this
duty and impose upon the party or attorney in breach of this duty an (Bl If a subpoena
appropriate sanction which may include, but is not limited to, lost
earnings and reasonable attorney's fee. (il requires disclosure of a trade secret or other confidential
research, development, or commercial information, or
(2)(A) A person commanded to produce and permit inspection and (ii) requires disclosure of an unretained expert's opinion or
copying of designated books, papers, documents or tangible things, or information not describing specific events or occurrences in dispute and
inspection of premises need not appear in person at the place of resulting from the expert's study made not at the request of any party,
production or inspection unless commanded to appear for deposition, or
hearing or trial. (iii) requires a person who is not a party or an officer of a
party to incur substantial expense to travel more than 100 miles to
(B) Subject to paragraph (d)l2) of this rule, a person commanded attend trial, the court may, to protect a person subject to or affected by
to produce and permit inspection and copying may, within 14 days after the subpoena, quash or modify the subpoena, or, if the party in whose
service of subpoena or before the time specified for compliance if such behalf the subpoena is issued shows a substantial need for the
time is less than 14 days after service, serve upon the party or attorney testimony or material that cannot be otherwise met without undue
designated in the subpoena written objection to inspection or copying hardship and assures that the person to whom the subpoena is
of any or all of the designated materials or of the premises. If objection addressed will be reasonably compensated, the court may order
is made, the party serving the subpoena shall not be entitled to inspect appearance or production only upon specified conditions.
and copy materials or inspect the premises except pursuant to an order
of the court by which the subpoena was issued. lf objection has been (dl Duties in Responding to Subpoena.
made, the party serving the subpoena may, upon notice to the person
commanded to produce, move at any time for an order to compel the ()) A pprspn rpsppnpgnp to a subpoena to produce
¤r¤d¤¤tl¤¤- _$¤¤h an ¤r¤¤r ¤¤ ¤¤m¤_¤l ¤r¤¤¤¤ti¤¤ Shall nrqtsqt ¤¤v documents orion produce them as they oro kept in the usual oourso or
$70*500 Wh0 '$ 00* 0 PBVW 0" 00 0“'00' 0f 0 P0'W [mm $'90'i'0am business or shall organize and label them to correspond with the
expense resulting from the inspection and copying commanded. patpppnps in (np dernand_
(3llAl On timely motion, the court by which a subpoena was issued (2) Wnpn information Subject to 8 subpoena is wgtnnpky on
Shall quash 0* m00'iV the $00P0000 li 'Y a claim that it is privileged or subject to protection as trial preparation
_ _ _ _ materials, the claim shall be made expressly and shall be supported by
fails to allow reasonable time l0r C0m¤|¤a¤CG, A a description ofthe nature of the documents, communications. or things
llll f€¤U•f¤$ 6 P¤'$°¤ Wh° *5 00l 8 PBIW 0i an °Hl€°' 0* a not produced that is sufficient to enable the demanding party to contest
party to travel to a place more than 100 miles from the place where {np p)a;m_
10000761.WPD

Case 1:04-cv-00125-JJF-l\/IPT Document 82 Filed 03/16/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this l6"‘ 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 MAIL
Steven T. Davis, Esquire Kimberly D. Sutton, Esquire
Obermayer, Rebmann, Maxwell & Hippel, LLP Obermayer Rebmann Maxwell & I-Iippel LLP
3 Mill Road, Suite 306A 20 Brace Road, Suite 300
Wilmington, DE 19806 Cherry Hill, NJ 08034-2634
/s/ Laurence V. Cronin
Laurence V. Cronin (ID 2385)
l000O76·4.WPD

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