Free Notice (Other) - District Court of Delaware - Delaware

Case 1:08-cv-00026-GMS

Document 6

Filed 02/01/2008

Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE EDWARD WISNIEWSKI and MARY WISNIEWSKI, Co-Administrators of the Estate of Eric E. Wisniewski, Deceased, Plaintiffs, v. OCEAN PETROLEUM, L.L.C., and BRUCE PREDEOUX, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No.: 1:08-cv-00026 (GMS) JURY TRIAL DEMANDED

NOTICE OF SERVICE TO: DAVID C. MALATESTA, JR., ESQ. Kent & McBride, P.C. 1105 Market St. Suite 500, 5th Floor Wilmington, DE 19801 Attorney for Defendants PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 45, the undersigned issued a subpoena from the United States District Court for the District of Delaware for Corporal William Nottingham of Delaware State Troop Police 1A c/o Delaware State Police Headquarters. The subpoena was served on Kristy Tuxward, Delaware State Police

Headquarters, 1441 N. DuPont Highway, Dover, Delaware, 19901, via hand-delivery by Edward Jones, process server, on January 31, 2008. A copy of the certified Proof of Service is attached
hereto.

Date: February 1, 2008

CAMPBELL & LEVINE, L.L.C. BY:/s/ Kathryn S. Keller______________ Kathryn S. Keller (I.D. #4660) 800 N. King St., Suite 300 Wilmington, DE 19801 (302) 426-1900 Attorney for Plaintiffs

{D0105388.1 }

Case 1:08-cv-00026-GMS
A088 (DE Rey. OlIO?) Subpoeoa io a CiYil Case

Document 6-3
PROOF OF SERVICE

Filed 02/01/2008

Page 1 of 1

DATE

PLACE

SERVED
SERVED ON (PRINT NAME)

SERVED BY (

JffV S~lJXi.Jl'1fd
INT NAME)

Q

I

PVh

DECLARATION OF SERVER
I declare under penalty ofperjury under the laws ofthe United States ofAmerica that the foregoing information contained in the Proof of Service is true and correct.

Executed on

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (I) A party or an attomcy responsible for the issuance and service ofa subpoena shall take reasonable steps to avoid imposing undue burden or expeuse on a person subject to that snbpoena. TIle court on behalf of which tllC snbpoena was issued shall enforce this duty and impose npon the party or attomey in breach of this dnty an appropriate sanction, which may inclnde, bnt is not limited to, lost eamings aud a reasonable attomey's fee. (2) (A) A person connnanded to prodnce and peonit inspection, copying, testing, or sampling ofdesignated electronically stored infoonation, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless connnanded to appcar for deposition, hearing or trial. (B) Snbjectto paragraph (d)(2) ofthis mle, a person conllllanded to produce and pennit inspection, copying, testing, or sampling may, witllin 14 days after service of tile subpoena or before the time specified for compliance if such time is less tlran 14 days after service, serve upon the party or attomey designated in the subpoena written objection to prodncing any or all ofthe designated materials or inspection ofthe premises-or to producing electronically stored infonnation in the foml or foons requested. Ifobjection is made, the party serving the subpoena shall not be entitled to inspcct, copy, test, or sample the materials or inspect the premises except pursuant to an order ofthe court by which the subpoena was issncd. Ifobjection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compcl thc production, inspection, copying, testing, or sampling. Snch an order to compel shall protect any person who is not a party or an officer of a party from significant cxpense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for complianee; (ii) requires a person who is not a party or an officcr of a party to travel to a placc more than 100 miles from tile placc where that person resides, is cmployed or regularly transacts business in person, except tlrat, subject to the provisions ofclanse (c)(3 )(B)(iii) oftilis mle, such a person may in order to attend trial be commanded to travel from any such place witllin tile state in which the trial is held; (iii) requircs disclosure of privileged or otller protected malter and no exception or to or affected by the subpoena, quash or modify tile subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardslrip and assures that tile person to whom the subpoena is addrcssed will be reasonably compensated, tile court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (I) (A) A person responding to a subpoena to produce documents shall produce tllem as tlley are kept in the usual course ofbusiness or shall organize and label them to correspond with tllC categories in tile demand. (B) Ifa subpoena does not specifY the fonn or fonns for producing electrouically stored

infonnatioll, a persOIl responding to a subpoena must produce the infonnation in a £onn or
forms in which tile person ordinarily maintains it or in a foon or foons that are reasonably usable. (C) A person rcsponding to a subpoena need not produce the same electronically stored

infoffilation in more tl1an one fonn.
(D) A person rcsponding to a subpoena need not provide discovery of electronically stored infonnation from sourccs that tile person identifies as not reasonably accessible becausc of undue burden or cost. On motion to compcl discovery or to quash, the person from whom discovery is sought must show that the infoonation sought is not rcasonably accessible because oflllldue burden or cost. If that showing is made, the court may nouetlleless order discovery from sueh sources if tile requesting party shows good cause, considering tile limitations ofRule 26(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When infoonation subject to a subpoena is withheld on a claim that it is privileged or subject to proteetion as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, cOllllnunications, or things not produced tlrat is sufficient to enable tile demanding party to contest tile claim. (B) Ifinfonnation is produced in response to a subpoena tlrat is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notifY any party that received tile infonnation of the claim and the basis for it. After being notified, a party must promptly rctum, sequester, or destroy tile specified infonnation and any copies it has and may not use or disclose tile infoonation until the claim is resolved. A receiving party may promptly present tile infoollation to tile court Wider seal for a detennination of tile claim. If the rcceiving party disclosed the infoooation before being notified, it must take rcasonable steps to retrieve it. TIle person who produced tile infonnation must preserve the infonnation until tile claim is resolved. (e) CONTEMPT. Failure of any person witllout adequate excuse to obey a subpoena served upon that person may be deemed a contempt of tile court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

waiver applies; or
(iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure ofa trade sccrct or otller confidential research, development,

or commercial infonnatioll or
J

(ii) requircs disclosure of an unretained expert's opinion or infoonation not describing spccific events or occnrrences in dispute and resulting from tile expcrt's study made not at the request of any party, or (iii) requires a person who is not a party or an officer ofa party to incur snbstantial expense to travclmore tlran 100 nriles to attend trial, the court may, to protect a person subject