Free Summons Returned Executed - District Court of Delaware - Delaware

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Case .1 :07-cv-00840-SLR Docu ment 5 Filed O1/02/2008 Page 1 of 1

PROOF OF SERVICE
DATE PLACE
SERVED 12/26/2007 @ 12:45 pm 160 Greentree Dr. , Ste. 101, Dover, DE 19904
SERVED ON (PRINT NAME) MANNER OF SERVICE
FRANCE S BURRI S S , AUTHORIZED TO ACCEPT SERVICE , 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 OH { Q Z
DATE SIGNATURE OF S VER
D . M. PROFES SIONAI. SERVICES
5 Orchard Lane , Wilm. , DE 19 809
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December l, 2006:
(c) Prto"rEcTioN or PERSONS SUBJEC1‘ TO SUBPOENAS. to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf
(1) A party 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 permit inspection, copying, testing, or (d) DUTIES IN RESPONDING TO SUBPOENA.
sampling ofdesignated electronically stored infomation, books, papers, documents or tangible (l) (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 pemit (B) lf a subpoena does not specify the fom or forms for producing electronically stored
inspection, copying, testing, or sampling may, within 14 days after service ofthe subpoena or information, a person responding to a subpoena must produce the infomation in a fom or
before the time specified for compliance if such time is less than 14 days after service, serve fomis in which the person ordinarily maintains it or in a form or forms 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
infomation in the fom or foms requested. lf objection is made, the party serving the subpoena information in more than one fom.
shall not be entitled to inspect, copy, test, or sample 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 information from sources that the person identifies as not reasonably accessible because
the party serving 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 information 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 from the inspection, copying, testing, or sampling commanded. from such sources if the requesting party shows good cause, considering the limitations of Rule
(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 from the place where thatperson 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, subjectto the provisions ofclause (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 infomation 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 for a detemination ofthe claim.
(B) lf a subpoena lf 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) CONTEMPT. 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 not a party or an officer of a party to incur substantial adequate cause for failure to obey exists when a subpoena purports to require a nouparty to
expense to navel more than 100 miles to attend trial, the court may, to protect aperson subject attend or produce at a place not within the limits provided by clause (ii) of subparagraph
<¤)(3>(A)-

Cas`e.1»:O7-cv—OO840-SLR Document 5-2 Filed 01/O2/2008 Page 1 of 1
UNITED STATES DISTRICT COURT
. District of Delaware
A SUMMONS IN A CIVIL CASE
Firth Market, Inc., )
a Tennessee corporation, )
)
Plaintiff, )
) CaseNo."O7"8ZlO""‘
v. )
) IURY TRIAL DEMANDED
CME Group, Inc., ) p
a Delaware Corporation, and )
)
Board of Trade of the City of Chicago, Inc., )
a Delaware Corporation, )
)
Defendants. )
TO: BOARD OF TRADE OF THE CITY OF CHICAGO, JNC. I
c/o National Registered Agents, Inc.
160 Greentree Drive, Suite 101
Dover, DE 19904
YOU ARE HEREBY SUMIVIONED and required to serve on PLA1NTIFF’S
ATTORNEY:
Richard H. Cross, Jr. (#3576)
Sean O’Kelly (#4349)
CROSS &; SIMON, LLC
913 N. Market Street, llm Floor
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 ofthe 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 filed with the Clerk ofthe Court within a
reasonable period of time after service.
_. A DEC 2 1 ZM}?
(BY) DEPUTY CLERK

Case 1:07-cv-00840-SLR

Document 5

Filed 01/02/2008

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Case 1:07-cv-00840-SLR

Document 5-2

Filed 01/02/2008

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