Free Summons Returned Executed - District Court of Delaware - Delaware

r Case 1 :07-cv-00840-SLR Docu ment 6 Filed O1/02/2008 Page 1 of 1 s
A
PROOF OF SERVICE
DATE PLACE
SERVED 12/26/2007 @ 2:10 pm 1209 Orange St;. , Wilm. , DE 19801
SERVED ON (PRINT NAME) MANNER OF SERVICE
SCOTT LAS CALA , SECTION HEAD PROCES S , AUTHORIZED TO ACCEPT SERVI CE , HAND DELIVERY
SERVED BY (PRINT NAME) TITLE
GEORGE COVERT SP S
DECLARATION OF SERVER
I declare under penalty of perjury under the laws ofthe United States of America that the foregoing information contained
in the Proof of Service is true and correct.
Executed on 12/26/2007 ( ngljiz
DATE SIGNATURE OF S
D . M . PROFES SIONAL SERVICE S
5 Orchard Lane , Wilm. , DE 19809
ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December l, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf
(I) A pany or an attomey responsible for the issuance and service of a subpoena shall take the subpoena is issued shows a substantial need for the testimony or material that cannot be
reasonable steps to avoid imposing undue burden or expense on a person subject to that otherwise met without undue hardship and assures that the person to whom the subpoena is
subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and addressed will be reasonably compensated, the court may order appearance or production only
impose upon the party or attomey in breach of this duty an appropriate sanction, which may upon specified conditions,
include, but is not limited to, lost eamings and a reasonable attomey’s fee.
(2) (A) A person commanded to produce and pemit inspection, copying, testing, or (d) DUTIES IN RESPDNDING TO SUBPOENA.
sampling of designated electronically stored information, books, papers, documents or tangible (1) (A) A person responding to a subpoena to produce documents shall produce them as
things, or inspection of premises need not appear in person at the place of production or they are kept in the usual course of business or shall organize and label them to correspond with
inspection unless commanded to appear for deposition, hearing or trial, the categories in the demand.
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit (B) lf a subpoena does not specifythe fom or forms for producing electronically stored
inspection, copying, testing, or sampling may, within 14 days after service ofthe subpoena or infomation, a person responding to a subpoena must produce the information in a fom or
before the time specified for compliance if such time is less than 14 days afier service, serve foms in which the person ordinarily maintains it or in a form or foms that are reasonably
upon the party or attomey designated in the subpoena written objection to producing any or all usable.
ofthe designated materials or inspection ofthe premises—or to producing electronically stored (C) A person responding to a subpoena need not produce the same electronically stored
information in the fom or foms requested. If objection is made, the party serving the subpoena infomation in more than one fom.
shall not be entitled to inspect, copy, test, orsample the materials or inspect the premises except (D) A person responding to a subpoena need not provide discovery of electronically
pursuant to an order ofthe court by which the subpoena was issued. lf objection has been made, stored infomation from sources that the person identifies as not reasonably accessible because
the party sewing the subpoena may, upon notice to the person commanded to produce, move of undue burden or cost, On motion to compel discovery or to quash, the person from whom
at any time for an order to compel the production, inspection, copying, testing, or sampling. discovery is sought must show that the infomation sought is not reasonably accessible because
Such an order to compel shall protect any person who is not a party or an officer of a party from of undue burden or cost. if that showing is made, the court may nonetheless order discovery
significant expense resulting fiom the inspection, copying, testing, or sampling commanded. fiom such sources if the requesting party shows good cause, considering the limitations of`Ruie
(3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify 26(b)(2)(C). The court may specify conditions for the discovery.
the subpoena if it (2) (A) When infomation subject to a subpoena is withheld on a claim that it is privileged
(i) fails to allow reasonable time for compliance; or subject to protection as trial·preparation materials, the claim shall be made expressly and
(ii) requires a person who is not a party or an officer of a party to travel to a place shall be supported by a description ofthe nature ofthe documents, communications, or things
more than 100 miles fromthe place where that person resides, is employed or regularly transacts not produced that is sufficient to enable the demanding party to contest the claim.
business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such (B) If infomation is produced in response to a subpoena that is subject to a claim of
a person may in order to attend trial be commanded to travel from any such place within the privilege or of protection as trial-preparation material, the person making the claim may notify
state in which the trial is held; any party that received the information ofthe claim and the basis for it. After being notified,
(iii) requires disclosure of privileged or other protected matter and no exception or a party must promptly return, sequester, or destroy the specified infomation and any copies it
waiver applies; or has and may not use or disclose the infomation until the claim is resolved. A receiving party
(iv) subjects a person to undue burden. may promptly present the infomation to the court under seal fora detemination ofthe claim.
(B) If a subpoena If the receiving party disclosed the infomation before being notified, it must take reasonable
(i) requires disclosure of a trade secret or otherconfidential research, development, steps to retrieve it. The person who produced the infomation must preserve the infomation
or commercial infomation, or until the claim is resolved.
(ii) requires disclosure of an unretained expert's opinion or infomation not
describing specific events or occurrences in dispute and resulting from the expert’s study made (e) CONTEMFF. Failure of any person without adequate excuse to obey a subpoena served upon
not at the request of any party, or that person may be deemed a contempt of the court from which the subpoena issued. An
(iii) requires a person who is nota party or an officer of a party to incur substantial adequate cause for failure to obey exists when a subpoena purports to require a nonparty to
expense to travel more than 100 miles to attend trial, the court may, to protect a person subject attend or produce at a place not within the limits provided by clause (ii) of subparagraph
(¤)<3>(A)-

I _ Case 1 :07-cv—OO840-SLR Document 6-2 Filed 01/02/2008 Page 1 of 1 1
UNITED STATES DISTRICT COURT X
District of Delaware
1
SUMMONS IN A CIVIL CASE
Fifth Market, Inc., )
a Tennessee corporation, )
) (3 rt
` Plaintiff, ) .... O ‘( " 8 A
) Case No.
v. )
) IURY TRIAL DEMANDED
CME Group, Inc., )
a Delaware Corporation, and ) .
)
Board of Trade of the City of Chicago, Inc., )
a Delaware Corporation, )
)
Defendants. )
TO: CME GROUP, INC.
c/0 The Corporation Trust Company
Corporation Trust Center '
1209 Orange Street
Wilmington, DE 19801
YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF’S
ATTORNEY:
Richard H. Cross, Jr. (#3576)
Sean O’Kelly (#4349)
CROSS & SIMON, LLC
913 N. Market Street, lim Floor 4
Wilmington, DE 19801
an answer to the complaint which is served on you with is summons within, 20 days after
service of this summons on you, exclusive of the day of service. If you fail to do so, judgment
by default will be taken against you for the relief demanded in the complaint. Any answer that
you serve on the parties to this action must be tiled with the Clerk of the Court within a
reasonabkggfijod of time after service.
c ER T. DAIZIEQ E0 2 1 @@1
CLERIF ( DATE

(BY) ISEPUT Y CLERK

Case 1:07-cv-00840-SLR

Document 6

Filed 01/02/2008

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Case 1:07-cv-00840-SLR

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Filed 01/02/2008

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