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Issued by the . , ,
UNITED STATES DISTRICT COURT j at at
. DISTRICT OF DELAWARE E ,
LIFE INSURANCE CO OF NORTH AMERICA SU-BPOENA IN A CIVIL CASE
CONNIE CRENSHAW, KENDAL M. HONIE,
and AARON E. Home Cass Number:] °7‘CV‘°0778 UNA
T0; DELAWARE INSURANCE COMMISSIONER,
REGISTERED AGENT FOR:
MINNESOTA LIFE INSURANCE COMPANY
E] YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to ·
testify in the above case. - g
PLACE or rEsrrMoNv cooRrnooM
DATE AND TIME ;
I] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition l
in the above case.
PLACE or DEPOSITION _ ` DATE AND TIME .
EI YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
ENTIRE LIFE INSURANCE CLAIMS FILE AND COPY OF INSURANCE POLICY REGARDING GERALD HONIE,
DOB: 3/22/45, SSN: 222-28-2451, DOD: 9/10/07, POLICY NO. 0050166, CLAIM NO 758-854, INCLUDING BUT NOT
LIMITED TO LOSS NOTICE, CORRESPONDENCE, MEDICAL RECORDS, AND BENEFICIARY INFORMATION.
PEACE REGER RIZZO 1
I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
‘ PREMISES } DATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalti and may set forth, for each person designated, the
matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
IS E ,8 I Nv" DICATE FOR DEFENDANT)
- L 2 ·:ri / ` . L- se-·. /‘ 1 /2008
t ' ING o1=EIcER1s NAME, ADDRESS AND PHONE NUMBER
(See Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), nn next page)
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Case 1 .07 cv 00778 GIVIS Document 12 Filed 01/22/2008 Pagé 2 of 2 · ’ _
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PROOF OF SERVICE
z
DATE PLACE ,
SERVED yrljog @ 13:33 pm 841 srrvexl.-ska Blvd. , Dover, DE 19901
SERVED ON (PRINT NAME} MANNER OF SERVICE
LI SA , AUTHORIZED T0 ACCEPT SERVICE , HAND DELIVERY
i
SERVED BY (PRINT NAME) TITLE
LOUISE LAYTON SPS
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 l[ ].l[O8 Q
DATE SIGNAT OF SERVER 2
D. M. PROFESSIONAL SERVICES `
5 Qlgghgrd |,arre , Eilm. , DE 19808
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 T0 SUBPOENAS. to or affected hy t.he subpoena, quash or modify the subpoena or, if the party in whose behalf
(1) A party or an attorney responsible forthe issuance and service of asubpoena shall take the subpoena is issued shows a substantial need for the testimony or materiai that cannot he
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 lir-rrited to, lost earnings and a reasonable attomey’s fee.
(2) (A} A person commanded to produce and perrn.it inspection, copying, testing, or (d) DUTIES IN RESPONDINGTO SUBPOENA.
sampling of designated electronically stored information, books, papers, documents or tangible (E) (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 correspondwith
inspection unless con-rmanded to appear for deposition, hearing or trial. the categories in the demand.
(B) Subject to paragraph (d)(2) ofthis rule, aperson commanded to produce and permit (B) lfa subpoena does not specify tl1e form 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 infomation in a form or
before the time specified for compliance if such time is less than 14 days after service, serve t"orms in which the person ordinarily maintains it or in a form or fonns 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 inthe form or forms requested. lf objection is made, the party sewing the subpoena information in more than one forrrr,
shall not he entitled to inspect, copy,tes1, or sample the materials or inspect the premises except (D) A person responding to e subpoena need not provide discovery of electronically
pursuant to an order ofthe court by which the subpoena was issued. Ifohjection has been made, stored infomation from sources that the person identities 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 arr order to compel the production, inspection, copying, testing, or sampling. discovery is sought rnust show that the information sought is not reasonably accessible because
Such arr order to compel shall protect any person who is not a party oran officer ofa party Erorn of undue burden or eos!. If that showing is made, the court may nonetheless order discovery
significant expense resulting dom 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 ifit (2] (A) When information 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 mezerials, the claim shall be made expressly and
(ii) requires rr person who is not a party or an oftiecr of a party to travel to a place shall be supported by a description ofthe nature ofthe documents, communications, or things
morethan IUO miles fromthe place where thatperson resides, isemployed or regularly trunsacts not produced that is sufficient to enable the demanding party to contest the claim.
business in person, exceptthat, subjectro theprovisiorrs ot“clause(c)(3)(B)(iii) ofthis rule, such {B) If information 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. Alter being notified,
(iii) requires disclosure of privileged or other protected matter and no exception or a party must promptly retum, sequester, or destroy the specified inforrnation 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) lf a subpoena lftlre receiving party disclosed t.l1e information before being notified, it must take reasonable
(i) requires disclosure of a trade secret or other confidential research, development, steps to retrieve it. The person who produced the information rnust preserve the information
or commercial information, or until the claim is resolved.
(ii) requires disclosure of an urrretained expcrt’s opinion or information not
describing specific events cr occurrences in dispute and resulting from the ex·pert`s study rnade (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. Arr
rrrrrrr W"' (iii]requiresapersonwhoisnotrapartyroranofdcerot*a·pm*tytoemcursubstmrtial—edequate»oauserforrfai!ureetorobeyeexistsmrrhentrrsubpoerrapruports_to;equi;e_a_rronpgy@_____ _________r _ _____
expense to travel more than l0D milesto attend trial, the court may, to protect a person suhject attend or produce at a place not within the limits provided by clause {ii) of subparagraph
· (¤l(3>(A).
Case 1:07-cv-00778-GMS
Document 12
Filed 01/22/2008
Page 1 of 2
Case 1:07-cv-00778-GMS
Document 12
Filed 01/22/2008
Page 2 of 2
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