Free Summons Returned Executed - District Court of Delaware - Delaware

.5 ,_ Case 1:07-cv-00782-JJF Document 11 Filed 12/06/2007 Page 1 of 2
AO 440 (Rev. 8/01) Summons in a Civil Action
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
SUN MICROSYSTEMS, INC.,
P1 ` t'f£
V ml SUMMoNs IN A CIVIL ACTION
VERSATA ENTERPRISES, INC., VERSATA b _ zi) ry ·~ R?
SOFTWARE, INC., VERSATA DEVELOPMENT Cm Nm 8*- I I
GROUP, INC., VERSATA COMPUTER
INDUSTRY SOLUTIONS, INC., VERSATA, INC.,
TRILOGY, INC., and NEXTANCE, INC.,
Defendants.
TOZ (Name and address of Defendant)
NEXTANCE, INC.
c/o Capitol Services, Inc.
615 South DuPont Highway
Dover, DE 19901
ARE HEREBY SUMMONED and required to serve on PLAINTIFFS ATTORNEYS (name and address)
Paul J. Lockwood Jeffrey G. Randall
Michael A. Barlow David W. Hansen
I SKADDEN, ARPS, SLATE MEACIIER & FLOM LLP SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
I One Rodney Square 525 University Avenue, Suite 1100
i' P.O. Box 636 Palo Alto, Califomia 94301
» ~ Wilmington, DE 19899 Telephone: (650) 470-4500
¤ . ~ (302) 651-3000
an answer to the complaint which is served on you with this summons, within twenty {20) days after service of
this summons on you, exclusive of the date 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 of the Court within a reasonable period of time after service.
PETER E. DALE yi`; 5;, .3 my
CLERK DATE
“[$°/Um $~»#_;\
(By) DEPUTY CLERK


.. Case 1:07-cv-00782-JJF Document 11 Filed 12/06/2007 Page 2 of 2
AO8§ (DE Rev. Ol/0Zt Subpoena in a Civil Case

PROOF OF SERVICE
DATE PLACE t0»,arA‘lJl §z,L,t lr it as Q./Ll s-
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SERVED I 3 ts fog __,
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SERVED ON (PRINT NAME) MANNER OF SERVICE
· _ t ’ _ . I · x
SERVED BY (PRINT NAME) TITLE
P `
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i ;.( /f/'_)3’€/L)*·l°"2&
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.
l
Executed on — ij /L/`
DATE SIGNATURE OF SERVER
ADDRESS F SERVER
r IV Q 2 , 7 (yl
ty U t‘ or

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December I, 2006;
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. to or affected by the subpoena. quash or modify the subpoena or. ifthe party in whose behalf
(l) A party or an attorney responsible for the issuance and service ofa 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 attorney in breach of this duty an appropriate sanction. which may upon specified conditions.
include. but is not limited to, lost earnings and a reasonable attorney‘s fee.
(2) (A) A person commanded to produce and permit inspection, copying. testing. or (d) DUTIES IN RESPONDING TOSLIBPOENA.
sampling ofdesignated electronically stored information.books. papers. documents ortangible (I) (A) A person responding to a subpoena to produce docutnents shall produce them as
things. or inspection of premises need not appear in person at the place of production or they are keptinthe usual course ofbusiness or shallorganize and label themto correspond with
inspection unless commanded to appear for deposition. hearing or trial. the categories in the demand
(B) Subject to paragraph (d)(2) ofthis rule. a person commanded to produce and permit (B) lfa subpoena does not specify the form 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 information in a fomn or
before the time specified for compliance if such time is less than I4 days aher service. serve forms in which the person ordinarily maintains it or in a form or forms that are reasonably
upon the party or attorney designated in the subpoena written objection to producing any or all usable.
ofthe designated materials or inspection ofthe premises— orto producing electronically stored (C) A person responding to a subpoena need not produce the same electronically stored
information in the form or fonns requested. lfobjection is made. the party serving the subpoena information in more than one form.
shall not be entitled to inspect, copy. tcst. or satnple 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. Ifobjection 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. tnove 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 orderto compel shall protect any person who is not a party or an officer ofa party from of undue burden or cost. Ifthat showing is made. the court may nonetheless order discovery
significant expense resulting from the inspection. copying, testing. or sampling commanded. from such sources ifthe requesting party shows good cause. considering the Iiinitations ofRule
(3) (A)On timely motion. the court by which a subpoena was issued shall quash ormodify 2o(b)(2)(C). The court may specify conditions for the discovery.
the subpoena if it (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged
(i) t`ails 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 ofa pany to travel to a place shall be supported by a description ofthe nature ofthe documents. communications, or things
more than I0!) miles fromthe place wherethat person resides. is employed or regularlytransacts not produced that is sufficient to enable the demanding pany to contest the claim.
business in person. except that. subjecttotheprovisions ofclause(c)(3)(B)(iii)ofthis rule. such (B) Ifinfonnation 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 ofprotection 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 andthe basis f`or it. After being notified.
(iii) requires disclosure ofprivilcged or other protected matter and no exception or a patty must promptly return, sequester. or destroy the specified information and any copies it
waiver applies; or has and may not use or disclose the information until the claim is resolved. A receiving party
(iv) subjects a person to undue burden. may promptly present the information to the court under seal for a determination ofthe claim.
(B) lfa subpoena Ifthe receiving party disclosed the information before being notified. it tnust take reasonable
(i) requires disclosure of`a trade secret or other confidential research. development. steps to retrieve it. The person who produced the information must preserve the information
or commercial information. or until the claim is resolved.
(ii) requires disclosure of an nnretained expcrt`s opinion or information not
‘ describing specific events or occurrences in dispute and resulting from the expert`s study made (e) CONT EMPT. Failure ofany person without adequate excuse to obey a subpoena served upon
not at the request ofany 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 ofa party to incur substantial adequate cause for failure to obey exists when a subpoena purpons to require a nonparty to
expense to travel more than lt)0 miles to attend trial. the court may. to protect a person subiect attend or produce at a place not within the limits provided by clause (ii) of subparagraph
(c>t3>~

Case 1:07-cv-00782-JJF

Document 11

Filed 12/06/2007

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Case 1:07-cv-00782-JJF

Document 11

Filed 12/06/2007

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