Free Subpoena Returned Executed - District Court of Delaware - Delaware

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Q Case 1 :08-cv—00003-G IVIS Docu ment 19 Filed 07/08/2008 Page 1 of 3
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L Issued by the
UNITED STATES DISTRICT Coonr
Middle District of Tennessee
Mehmet Akeev SUBPOENA IN A cwn. CASE
S°'°°T"'°*°S °f’°‘"‘°"°*‘· LLC _ Case Numb,,,;¤ oa-0os(eMs)(D1sm¤t er Delaware)
TO: Covenant Transport, Inc, A
clo Corporation Service Company , Q
2908 Poston Avenue
Nashville TN 37203
I] YOU ARE COMMANDED to appear in the United States District court at the place, date, and time speciiied below to
testify in the above case, ,
V mice or resrmouv coonmoom
DATE Ann rnvre
l] 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.
r>1.Acso1=Dm=osmos IDATEANDTIME
A El YOU ARE COMMANDBD to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list docmnents or objects): ‘
See Exhibit "A,“ attached hereto.
PLACE Drescher & Sharp, P.C. DATE AND TIME
_ 1720 west ems Avenue, suite soo, Nashville TN svzcs, 615-425-7111 7/14/2008 10=¤¤ em
— El YOU ARE COMMANDED to permit inspection of the following premises at the date and time speciiied below.
msmses » L _ IDATEANDTIME
° Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more oHicexs,
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 Rule of Civil Procedure 30(b)(6).
is ·s SIGNATUREANDTl’l'LE(INDICATE1}’ATIO ORPLAIN'l'IFF onDs1=anDANr) DATE
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orrrcsivs NAME, Anomzss Ama moss sx
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e @*6/0 `C·- Ml M g Htl @6 i I (/*f\ l/*·\.;\ijQ;·;, HE M (See Federal Rule of Civil Procedure 45 (e), (d), and (e), on next page)
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' ‘ If action is pending in district other than district of issuance, state district under case number.

1 Case 1 :08-cv—OOOO3-GIVIS Document 19 Filed 07/08/2008 Page 2 of 3
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PROOF OF SERVICE
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V DATE 7, ,;;;,9 *"·A°‘§» SERVED

7 SERVED ON (PRINT NAME) MANNER OF SERVICE
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SERVED BY (PRINT NAME) · r
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DECLARATION OF SERVER
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I declare under penalty of perjury uudertthe laws ofthe United States 0fAmerica that the foregoing information contained
- in the Proof of Service is true and correct. _ ·
i Executed on K Y ` I
ATE SIGN
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ADDRESS OF SERVER E
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Federal Rule of Civil Procedure 45 (c), (cl), and (c), as amended on December I , 2007:
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(c) PRDTECIINGAPHSDN SUBJECFTOA SUBPOENA. (i) showsa substantialneedforthetestimonyormatetial thatcarmotbeotherwise
(1) Avoiding Undue Burden or Expense; Sanctions, A party or attorney responsible for rnetwithout undue hardship; and ·
issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or (li) ensures that the subpoenacd person will be reasonably compensated. E
expense on a person subject to the subpoena. The issuing court musvenforee this duty and
impose an appropriate sanction — which may include lost eamings and reasonable attomey's (d) DUTIES IN RESPGNDNG T0 A SUBPDENA.
fees —— on a party or attorney who fails to comply. ' (1) Producing Documents or Electronically Stored Information. These procedures apply
(2) Command to Produce Materials or Permit Inspeuion. to producing documents or electronically stored infonnotiun:
(A) Appearance Not Required. A person commanded to produce documents, (A) Docum ts. A person responding to a subpoena to produce documents must
electronicallystoredinformation, ortnngiblethi11gs,ortopet·mitthe inspection ofpretnises, oecd produce them as theyarelteptin the ordinary course of business ormust organizeand label them {
not appearinperson at the place of production or inspection unless also commanded to appear to correspond to the categories in the demand. ( g
for a deposition, heating, or trial. (B) Form for Producing Electronically Stored Infomation Not Specified. lf a ;
(B) Objections. A person commanded to produce documents or tangible things orto subpoena does not specify a form for producing electronically stored information, the person ¤
permit inspection may serve on the party or attorney designated in the subpoena a writtm responding must produce it in a funn or forms in which it is ordinarily maintained or in a
olgiection to inspecting, copying, testing or sampling any or all ofthe materials orto inspecting reasonably usable form or forms.
thepremises—ortn producing electronically stored informatiouin the fom oriitnnsrequested. (C) Electronically Stored Infomation Produced in Only One Form. The person —
The objection must he served before the earlier ofthe time specilied for compliance or 14 days responding need notproduce the same electronically stored infonnation in more than one form.
after the subpoena is served. lfan objection is made, the following rules apply: · (D) Inacwssible Electronically Stored Information. The person responding need not
_ (i) At any time, on notice to the commanded person, the serving partymoy move provide dkeovery ofelectmnically stored information hom somces thattlnepersoa identities as
the issuing court for an order compelling production or inspection. not reasonably accessible because of undue burden or cost. On motion to compel discovery or
(ii) These acts may be required only as directed in the order, and the orderrnust for aprotective orrler, the person responding must show that the information is not reasonably
protect n person who is neither a party nor a party‘s oEoet· from aigniécant expense resulting accessible because of undue burden or cost. If that showing ismade, the court may nonetheless
from compliance. ` - ’ order discovery liom such sotnces ifthe requesting party shows good cause, considering the
(3) Qnashing orlvlodifyiag a Subpoeaa. limitations of Rule 26(h)(2)(C). The court may specify conditions for the discovery.
(A) When Required. On timely motion, the issuing court must qnash or modify a (2) Claiming Privilege or Protection.
subpoena that: (A) lnformation Withheld. A person withholding suhpoenaed information under a
(l) fails to allow a reasonable time to comply; claim that it is privileged or subject to protection as trial-preparation material must:
(ii) requires a person who is neither a party nor a party’s ¤$eer to travel more (i) expressly make the claim; and
titan 100 miles Eoin where that person resides, is employed, orregularly transocts business in (ii) describe the nature ofthe withheld doctnnents, communications, or
person —excopt that, subject to Rule 45(c)(3)(B)(iii), the person maybe commanded to attend tangible things in amanaerthat, withoutrevealing infomation itselfprivileged orprotected, will
a trial by traveling tam any such place within the state where the trial is held; enable the parties to assess the claim.
(iii) requires disclosure of privileged or other protected matter, ifno exception (B) Infomation Produced If information produced in response to a subpoena is
or waiver applies; or subject to a claim of privilege or of protection as trial·pre·para1ion mat¤·iol, the person making
. (iv) subjects a person to undue burden. the claim may notify any party that received the information ofthe claim and the basis forit.
(B) Whm Permitted. To protect a person subject to or afected by a subpoena, the After being notiiod, a party must promptly return, seqnester, or destroy the specitied
issuing court may, on motion, quash ormodiiy the subpoena ifit requires: information and any copies it bas; musrnot use or disclose the information until the claim is
(i) disclosing a trade secret or other conidectial research, development, or resolved; mtut take reasonable steps to retrieve the information if the party disclosed it before
commercial infonnatiou; ‘ ~ being notiiied; and may promptly present the infomation to the cotnt under seal for a
» (ii) dircloéng an tmretained experts opinion or information that does not determination of the claim. The person who produced the information must preserve the
describe speciic occurrences in dispute and results lrom the experts study that was not information tmtil the claim is resolved.
requested by a party; ur _
(iii) a person who is neither a party nor a party‘s oliicer to incur substantial (e) CON‘mMr’r.
expense to travel more than 100 miles to attend trial The issuing eourr may holdin contempt a person who, having been served, fails without
(C) Specifying Conditions as anAltemative. In the circumstances described in Rule adequate excuse to obey the subpoena. A nonparty‘s failure to obey must he excused if the
45(c)(3)(B), the courtmay, instead of quashing ormodifying a subpoena, order appearance or subpoena purports to require the nonparty to attend orprnduce at a place outside the limits of
production under speciEed conditions if the serving party: Rule 45(c)(3)(A)(ii).

Case 1 :08-cv—00003-GIVIS Document 19 Filed 07/08/2008 Page 3 of 3
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EXHIBIT "A" 1
Dennitionz "Vehicle" shall mean and refer to a 2004 Freightliner Highway Truck, Model
6067l\/lK6E, Serial No. 06R0736l 73, VIN lFU.TA6CG74LMl0966, which was registered to
Covenant Transport, Inc., from approximately July 2003 until as late as August 2006.
Documents to be produced: l
I 1. Any and all maintenance, service and/or warranty claim records relating to the Vehicle.
‘ 2. Mileage log for the Vehicle.
3., Any and all documents referring to the sale, or transfer of title of the Vehicle by Covenant
Transport, Inc. to SelecTrucl 4. Any and all correspondence relating to or concerning the Vehicle between Covenant
Transport, Inc. and any other person or entity.
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Case 1:08-cv-00003-GMS

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