I Case 1:07-cv—00778-Gl\/IS Document 10 Filed 01/15/2008 Page 1 of 2 { p . _
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Issued by the
I UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CONNIE CRENSHAW, KENDAL M. HONIE,
and AARON E. l-EONIE Case Number? D7‘DV‘DD77D UNA
TQ; HEARTLAND HOSPICE HOUSE
ATTENTION: KIM ROMAN, ADMINISTRATOR
5661 OCHLETREE LN. Q
WILMINGTON DE 19808 239-2961
EI YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to Z
testify in the above case. ,
PLACE OF TESTIMONY COURTROOM A
DATE AND TIME
EI 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 OF DEPOSITION I I DATE AND TIME U
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): _
MEDICAL AND HOSPICE 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. PROCEDURES AND ALL OTHER HOSPICE RECORDS REGARDING GERALD HONIE. I
PLACE REGER RIZZO 1
I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. P
PREMISES t 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 behalf; and may set forth, for each person designated, the E
matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING e FI ,__ W W *’ ' *’*DlCATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE
1/1/2008 I
_ jf I
UTNG OFFlCER‘S NAME, ADDRESS AND PHONE NUMBER I
(See Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (cl], and (e), on next page)
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, - _ *‘‘ Case 1 :07-cv-00778-GIVIS Document 10 Filed 01/15/2008 Page 2 0i 2 ;
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PROOF OF SERVICE j
DATE PLACE .
SERVED 1/9/2008 @ 2:18 pm 5661 Ochletree Ln. , Wilm. , DE 19808]
j
SERVED ON (PRINT NAME} MANNER OF SERVICE
KIM ROMAN , ADMINI STRATOR , HAND DELIVERY .
-
SERVED BY (PRINT NAME) _TITLE ·
ADAM GOLDEN , SPS .
DECLARATION OF SERVER
l declare under penalty ofperj ury under the laws ofthe United States of America that the foregoing infomation contained
` in the Proof of Service is true and correct.
Executed on 1/9/2008
DATE SIGNATURE OF SERVER
D . M. PROFESSIONAL SERVICES
5 Orchard Ln. , Wilm. , DE lQ§t}Q ‘
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (cl), and (e), as amended on December 1, 2006:
(c) PRO'f'EC'l'E¤N OF PERSONS SUBJECT 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 earnings and a reasonable at·tomey`s fee.
(2) (A) A person commanded to produce and permit inspection, copying, testing, or (d) DUTIES l'N RBSPONDING TO SUHPOENA.
sampling ofdesigriated electronically stored information, books, papers, documents or tangible (I) (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 theyarekeptin theusual course of business or shall organize andlabel 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, aperson commanded to produce and pennit (B) Ifa subpoena does not specify the form or forms forproducing electronically stored
inspection, copying, testing, or sampling may, within I4 days after service ofthe subpoena or information, a person responding to a subpoena must produce the inforrnation in a fomr or
before the time specified for compliance ifsuch time is less than l4 days after 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 orinspection ofthe premises ( or to producing electronically stored (C) A person responding to a subpoena need notproduce the same electronically stored
information in the form or forms requested. lfobjection is made, the party serving the subpoena information in more than one fonn.
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
pumuant to an order of the court by which the subpoena was issued. If objection has been made, stored information 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 ofundue burden or cost. On motion to compel discovery or to quash, t.he person from whom
at any time for an order to compel the production, inspection, copying, testing, or sampling. discoveryis sought must show that the infomration 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. H·om such sources ifthc requesting party shows good cause, considering the limitations of Rule
(3) (A) Un 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 information subject to a subpoena is withheld on a claim that itis privileged
(i) fails to allow reasonable time for compliance; or subject to protection as uial-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 placewhere that person resides, is employed or regularly transacts not produced that is sumcient to enable the demanding party to contest t.be claim.
business in person, except that, subjectto the provisions ofclause(c)(3)(B)(iii) of this 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 so trial-preparation material, the person making the claim may notify
state in which the trial is held; any party that received the information of the claim and the basis for it. Atier being notified,
(iii) requires disclosure of privileged or otiier protected matter and no exception or a party 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 infomation to the court under seal for a determination ofthe claim.
(B) lf a subpoena If the receiving party disclosed the 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 must preserve the information
or commercial information, or until the claim is resolved.
(ii) requires disclosure of an unretained expert‘s opinion or information not
describing specific events or occurrences in dispute and resulting fiom the expert’s study made (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon
............. - .... -notattherequestoftnrycparty,orig7K-éYY- ———thct—perscn—:nay—bc—dccram'—a-contcrnpt-of-me-courtiiomwhich-dre-subpoena·issuedrA1r·r··r·· ;;’;;;;;;;; i iiirriirririrr
(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 sr subpoena purports to require a nonparty to
expense to travel more than l00 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
(¤l(3}(A).
Case 1:07-cv-00778-GMS
Document 10
Filed 01/15/2008
Page 1 of 2
Case 1:07-cv-00778-GMS
Document 10
Filed 01/15/2008
Page 2 of 2
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