%AQ88 (DE Rey §lI[0 [I Sggbpggng in a Qivi gas;
Issued by the _
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
LIFE INSURANCE CO OF NORTH AMERICA SU-BPOENA IN A CIVIL CASE
V.
CONNIE CRENSHAW, KENDAL M. HONIE,
and AARON E. Home Cass Number? D7‘EV‘DD"8 UNA
TQ; MANORCARE HEALTH SERVICES - PIKE CREEK
5651 LIMESTONE RD.
WILMINGTON DE 19808 239—8583
I] 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.
1=•1.AcE or TESTIMONY COURTROOM
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
in the above case.
PLACE or DEPOSITION I DATE AND TIME
El YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects):
ALL MEDICAL RECORDS REGARDING GERALD HONIE, DOB: 3/22/45, SSN: 222-28-2451, INCLUDING NURSES
NOTES, VISITOR LOGS, MEDICATION RECORDS, CONSULTATIONS, HOURLY NOTES, NARRATIVE REPORTS,
CHART NOTES, AND ALL OTHER TREATMENT AND CARE RECORDS REGARDING GERALD HONIE.
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 behali and may set forth, for each person designated, the .
matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6). _
ISSUING o E · V, ..·-1 ·• »= ··< ICATE n= ATTORNEY ron 1>LA1NTn¤i= on DEFENDANT) DATE I
1 00s
_ ‘ EE
tssumo OFFICEPCS NAME, ADDRESS AND PHONE NUMBER Q
(Sec Rule 45, Federal Rules of Civil Procedure, Subdivisions {c), (cl), and (e), on next page] I
DDDDDDDDDDDDDDDDDDD DIDIEQEEEIIIQIQEIIIJEIQIIIEIHQLIBIEIEHHQEIEIQLHQIIQHQQQQIQIQIELEEIIIIKIEQQIQEIQII DDDDD IIDDDII DDDDDDDDDDDD I DDDD IDI DIIIDD I DDDDDDDDDDD I DDDDDDDDDDDD D DDDDDIDID DIIDIDI IIIIIIIIIIIIIIIIII I IIIIIIIIIIIIIII
0 ' E L
{D E @@5];] {-ci;-O%78-GIVIS Document 11 Filed 01/15/2008 Page 2 of 2
gg l§ 8, *3.. ` '
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PROOF OF SERVICE _
DATE PLACE .
SERVED l/9/ZOQB @ 2;]_4 pm 5651 Limestone Rd. , Wilm. , DE 198()8 ·
i- LEAVES ON (PRINT NAME} lt·lANNFil-’ FF S1..R\’iLTE
DON BOGER , DIRECTOR , HAND DELIVERY
SERVED BY (PRINT NAME) _TlTLE
Annu Gorman SPS
DECLARATION OF SERVER
I declare under penalty of perjury under the laws ofthe United States of America that the foregoing infomation contained
in the Proof of Service is true and correct.
Executed on I/9/2008 é
` DATE SIGNATURE OF SERVER
D . M . PROFES S IONAL SERVICES
Z Orchard Lane, Wilm., DE 19809
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(G) PROTECTION OF PERSONS SUBJECF 10 SUBPOENAS. to or alfeoted by the subpoena, quash or modify the subpoena or, ifthe pmty in whose behalf
( l) A party or an ettorneyresponsible fertile issuaneeand 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 harmhip and assures that the person to whom the subpoena is
subpoena. 'Hre 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 earnings and a reasonable sttorney’s fee.
(2) (A} A person commanded to produce and permit inspection, copying, testing, or (rl) DUTIES INRESPONDINGTO SUBPOENA.
Sampling ofdosignated electronically storedinformaxicn, books, papers, documents or tangible (1) (A) A person responding to a subpoena to produce documents shall produce them as
uIlI|$S, or inspection of premises need not appear in person at the place of production or dreyare lrqrtintheusualcourse of business or shall organize and label them tocorrespond 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. s person cornrnandedto produce andpermit (B)lfa subpoena does not speeifythe form or forms forproducirrg electronieallystored
inspection, copying, testing, or sampling may, within 14 days atherservice ofthe subpoena or information a person responding to a subpoena must produce the information ina funn or
beibre the timespecitied for compliance if such time is less than lsldaysaiter 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 orinspeetion ofthepremises — ortoproducing elcctronicullystored (C)A person responding toa subpoena need not produce the same electronically stored
infomraticn inthe form or fomrs requested. if objection is nude, the partyscrving the subpoena information in more than one fomr.
`Bhall not be entitledto inspect, copy, test, or sample the mansrials or irrspeetthe premises except (D) A person responding to a subpoena need not provide discovery of electronically
pursurmttuo an orderoftbe courtby which the subpoenswasissued. Ifobjection has beenmade, stored information from sourcesthat the person identities asnot 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 issoughtmust show that the information soughtis notreasonably accessible because
Such an order to compel shall proeect any person who is not aparty oran otlicer of sporty hom of undue burden or cost. lf that showing is made, the court may nonetheless order discovery
Slgttihcant expense resulting from the inspection copying, testing, or sampling commanded. from such sourcesiftho requesting party shows good cause, considering the ofkule
(3) (A) On timely motion, the court bywhich a subpoena was issued shall quash ormodify 26(b)(2)(C). The court may specify conditions for the discovery.
the subpoena if it (2) (A) When information subjeotto asubpoenais withlreldorte claiuitbat itis privileged
(i) lbils 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 aparty or an ofticer ot'a party to travel to aplace shall be supportedby a description ofthe nature ofthe documents, conununicatlorrs, or things
more than 100 miles from the placewhere that personresideaisemployedormgtdarlynansaets not produced that is suHlciertt to enable the demanding party to contest the claim.
lmsinessinperson, except that, subjectto thepmvisionsofclause(c}(3)(B)(iii) oftbisrule, such (B) lfin:l`orm.ation is produced in response to a subpoena thatis subject to a claim of
a person may in order to attend trial be commanded to travel from any such place within the privilegeor ofprotectiou as trial-preparation material, the person making the clairnmayuotily
Sftttcin Wlticlttho trial islrcld; anypar·tythstrcceivedthei1rfom1a¢ionoftheclsimaudthebaslsforit. Afterbeiugnotifled,
(iii) requires disclosure of prlvilegcdor otherproteetedmatoerand no exception or apsrtymust pmmptlyreurrn, sequester, or destroy the specilied information and any copies it
waiver applies; or has and maynot use or disclose the information until the claim is resolved. A recdving party
(iv) subjects a person to undue burden may promptly present the information to the coun under seal fora determination ofthe claim.
(B) lfa subpoena lfthe receiving party disclosed tlte information before being notified, it must take reasonable
(i) requires disclostue ofa rradescoret or other contldmtisl research, development, steps to retrieve it. The person who produced the iufomration must preswvo the iufomration
or commercial information, or until the claim is resolved.
Gi) requires disclosure of an unretaincd expert': opinion or information not y
describing specific events or occurrences in dispute and resulting Rom the expert’s study made (rr} CGNTEMH. Failure of r »» ertcuse_to_ebeyasubpo¤1aserved upon,- .rr. me---- ------r——rr—r V rr—rrrrrrr—rrr--r-· -
............ notatmereq¤.rest.o£s.·ry»pm·;er——)-#?? be deemed s contempt of the court hom which the subpoena issued An
(iiihcquiresapersonwhois notapart·yoranoiEcerofapartytoincra·substantisl adeqnatecause for liriluretoobey existswbenasubpoena purports to require anonpertyto
enqreuse totravel more than l00 miles to attend tr·iaL the court may, to protect aperson sulject attend or produce at a place not within the limits provided by clause (ii) of snlmarsgraplr
(¤)(3)(A)-
Case 1:07-cv-00778-GMS
Document 11
Filed 01/15/2008
Page 1 of 2
Case 1:07-cv-00778-GMS
Document 11
Filed 01/15/2008
Page 2 of 2
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