Free Notice (Other) - District Court of Delaware - Delaware

Case 1 :07-cv—OO680-IVIPT Document 64 Filed 06/O4/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INNOVATIVE PATENTS, L.L.C. and
FORCEFIELD, LLC, :
Plaintiffs, an
v. Civil Action No. 07-680-MPT
BRAIN-PAD, INC.,
Defendant.
NOTICE OF SUBPOENA
. TO: Charles J. Brown, III, Esquire
Archer & Greiner, P.C.
300 Delaware Avenue, Suite 1370
Wilmington DE 19801
PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil
Procedure, on May 29, 2008, the attached subpoena was issued to Isaac Green, Jr., 116 East
Glenside Avenue, Glenside, Pennsylvania 19038 commanding him to produce for inspection and
copying on June 5, 2008 the documents listed thereon.
Date: June 4, 2008
PRICKETT, JONES & ELLIOTT, P.A.
By: /s/ J. Clagon Athey
Elizabeth M. McGeever (#2057)
- OF COUNSEL: J. Clayton Athey (#4378)
1310 King Street, P.O. Box 1328
Joseph J. Fleischman Wilmington, DE 19899-1328
William R. Robinson [email protected]
NORRIS McLAUGHLIN & MARCUS, [email protected] -
P.A Ph: (302) 888-6500
P.O. Box 1018 Attorneys for Plaint#v Innovative Patents,
Somerville, New Jersey 08876-1018 L.L. C., and Forcejielaf LLC
Ph: (908) 722-0700
20368.l\37l058vl

Case 1 :07-cv—O0680-I\/I PT Document 64 Filed 06/O4/2008 Page 2 of 3 _
_ Issued by the -_
UNITED STATES DISTRICT COURT
EASTERN DIS'mCT OF ` PENNSYLVANIA '
Innovative Patents, LLC and Forcetield, LLC, Plaintiff SUBPOENA IN A CIVIL CASE I l'
V. 'I
Brain-Pad, Inc., Defendant .
Case Number:‘ °7“68°'MPT I
(District of Delaware)
TO. Isaac Green, Jr.
` 116 East Glenside Avenue I
Glenside, PA 19038
EI YOU ARE COMMANDED to appear in the United States District coun; at the place, date, and time specified below to I
testify in the above case.
PLACE or TEsT1MoNY coURTRooM
DATE AND TIME I ·
[I YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition I
in the above case.
V PLACE or DEPOSITION I DATE AND TIME ,
D 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):
Deposition transcripts of Joseph Manzo ‘
Deposition transcripts of E. Michael Bachurski `- ·
I ,
i
PLACE 721 Route 202-206, Bridgewater, New Jersey 08807 DATE AND DMD I
6/5/2008 9:30 am _
EI YOU ARE COMMANDED to pemtit inspection ofthe following premises at the date and time specified below.
i>REM1sEs I DATE AND TTME
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
matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING 0FFlCER'S GNA · = -·= “ E gun · · - o1tNEY ron pr,Am·rn:p QR DEFENDANT) " 3/ ·‘
_ z Al 2 S &
ISSUTNG omcER‘s NAME, ADDRESS AND PHONE NUMBER ·
Christopher S. Casieri, 721 Route 202-206, Bridgewater, New Jersey 08807; Telephone: 908-722-0700; Attomey for .
- Plaintiffs
(See Rule 45, Federal Rules of Civil Procedure; Subdivisions (c), (d), and (e), on next page) I _
' If action is pending in district other than district of issuance, state district under case ntunber.

Case 1 :07-cv—OO680-IVIPT Document 64 Filed 06/O4/2008 Page 3 of 3 ;
l .
»————————-——~.—...—.—e. §

PROOF OF SERVICE {

mm PLACE lj
SERVED I
J
SERVED ON (PRINT NAME) MANNER OF SERVICE .
`
SERVED BY (PRINT NAME) TITLE
· I
I
l
DECLARATION OF SERVER ;

I declare under penalty of pe1j ury under the laws of the United States of America that the foregoing information contained l
in the Proof of Service is true and correct. l
I
Executed on j ·
DATE SIGNATURE OF SERVER i__

ADDRESS OF SERVER
i
Q
Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December l, 2006:
(c) Pttcxracrtou or Pansons suanacr ro Suaroewts. to or atfeeted by the subpoena, quash or modify the subpoena or, ifthe pany in whose behalf
(I) A partyor an attomey responsible for the issuance and service ofa subpoena shall take the subpoena is issued shows a substantial need Ear the testimony or material that carutot be Q
reasonable steps to avoid imposing undue burden or expense on a person subject to that otherwise mel 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 he 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 spediied conditions. . ; . .
include. but is not limited tn, lost earnings and n reasonable attomey’s fee. A -
(2) (A) A person commanded to produce and permit inspection. copying, testing, or (d) DUTLES tN RBPONDING T0 SUBPOENA.
sampling ofdesigtated electronically storedinfomtadon, books, papers, docurnentsor tangible (I) (A) A person responding to a subpoenato produce documents shall produce them as [ '
` things, or inspection of premises need not appear in person at the place of production cr they arekeptintheusual courseofhtsiness or shall organize andlabel themlooorrespond with E,.
inspection unless commanded to appear for deposition, hearing or ¤·ial. the categories in the demand.
(B) Subjeetto paragraph (d)(2) ofthis rule. apersonoommandcd to produceandperrnit (B)Ifasubpoertadoesnotspecifytl1e Ratrnor fbrms forproducirtgelectronicallystored j .
inspection, copying, testing or sampling may, within 14 daysalter service ofthe subpoena or information, a person responding to a subpoma must produce the infonnation in a fomr or *
before the time specilied for compliance if such time is less than l4 days aRcr service, serve forms in which the person ordinarily maintains it or in a form or forms that are reasonably E
upon the party or attomey designated in the subpoena written objection to producing any or all usable.
ofthe designated materials or inspection ¤ftheprernises—crto producing elecuonically stored (C) A person responding to a subpoena need not produce the same electronically stored Q
infomation in the form or fomis requested. lf objection is made., theparty serving the subpoena information in more than one form. V §
shall not be entitled to inspect, copy, tes; or sample the materials orinspect tlteprernisesexcept (D) A person responding to a subpoena need not provide discovery ofelectronieally °
pursuant tc an order ofthe court by which the subpoena was issued. lfobjection has been made, stored information liom sources that the person ident·i’ries 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 Q
at any time for an order to compel the production. inspection, copying. testing, or sampling. discovery is sought must show that the information sought isrtotreuonably accesible because _‘
Such anorderto compel shall protect any person who is not a partyoran oflicerofaparty Eom of undue burden or cost. If that showing is made, the court may nonetheless order discovery i
signiticant expense resulting iiom the inspection. copying, testing. or sampling commanded. dom such sources if the requesting party shows good canse, considering the limitations of Rule
(3) (A) On timely motion, tl1e 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 subpoutaiswithheld on a claim that it is privileged _
(i) fails to allow reasonable ti.me for compliance; or subject to protection as trial-preparation materials, t11e claim shall be made expressly and - ·
(ii) requires a person who is not a party or an oEcer of a party to novel to a place shall be supportedby a description ofthe nature of the documents, oommtmicazions, or things
more than 100 miles from the place where that person resides, is employed or regularly uansacls not produced that is suicient to enable the demanding party to contest the claim. l
business in person, exoqit that, subjecttothe provisions of clause (c)(3)(B)(iii) of this rule, such (B) lf inlbrtmtion is produced in response to a subpoma that is subject to a claim of {
a person may in order to attend trial be commanded tn travel {rom any such place within the privilegeor of protection as trial-preparation muerial, theperconmaking the claim may notify ’
state in which the trial is held; any party that received the inibrmaticn ofthe claim and the basis br lt. After being notiied,
(iii) requires disclosure of privil eged or other protected matter and no exception or a patty must promptly return, sequester, or destroy the specided information and any copies it ‘ .»
waiver applies; or has and may not use or disclose the infonnation until the claim is resolved A receiving party ‘
(iv) subjects a person to undue burden. may promptly present the information to the coun under sul lbra determination ofthe claim.
(B) ifa subpoena lf the receiving patty disclosed the infomation before being notihed, it must take reasonable · .
(i) requires disclosure ofatrndesecretorother confidential research, developmurt, steps to retrieve it. The person who produced the infonnation must preserve the infonnation _ - · `
or commercial information, or until the claim is resolved f
(ii) require.s disclosure of an unretained expert`: opinion or infomtation not =
describing specihcevents oroccurrenees in dispute and resulting Eom theexpen‘s study made (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon Z . `
not at the request of any pany, or that person may be deemed a contempt of the court from which the subpoena issued. An E
(iii) requiru a person who is not a party or an oEcer ofaparty to incur substantial adequate cause ibr failure to obey exists when a subpouia purports to require a nonparty in .`
uqwnsc to travel more than 100 miles toattend arial, the courtrnay, to protectaperson sulject attend or produce at a place not within the limits provided by clause Gi) of subparagraph ;
(¤)(3)(A)- `

Case 1:07-cv-00680-MPT

Document 64

Filed 06/04/2008

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