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Case 1 :07-cv—00478-IVIPT Document 27 Filed 04/16/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHRISTINA M. KROKOS, )
JAMES K. KROKOS, husband and wife, )
individually and collectively as the next Biend )
and parents of K.I.K., a minor, ) C.A. No. 07-478-MPT
)
Plaintiffs, )
)
v. )
)
UNITED STATES OF AMERICA, )
)
Defendant. )
NOTICE OF SUBPOENA DIRECTED TO BAYHEALTH MEDICAL CENTER, INC.
PLEASE TAKE NOTICE that Christina M. Krokos, James K. Krokos and K.I.K, a minor,
(collectively "P1aintiffs") will serve the attached subpoena upon Bayhealth Medical Center, Inc.,
640 South State Street, Dover, DE 19901.
ASHBY & GEDDES
/s/ Randall E. Robbins (#2059)
Randall E. Robbins (# 2059)
Joseph C. Handlon (# 3952)
500 Delaware Avenue
_ 8th Floor
P.O. Box 1 150
Wilmington, DE 19899
Tel: (302) 654-1888
Fax: (302) 654-2067
Attorneys for Plaintgjfv
Dated: April 16, 2008
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Case 1 :07-cv—00478-IVIPT Document 27 Filed 04/16/2008 Page 2 of 4
Issued by the
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHRISTINA M. KROKOS, SUBPOENA IN A CIVIL CASE
JAMES K. KROKOS, husband and Wife, CASE NUMBER: 07-478-MPT
individually and collectively as the next friend
and parents of K.I.K., a minor,
Plaintiffs,
V.
UNITED STATES OF AMERICA,
Defendant.
C TO: Bayhealth Medical Center, Inc.
640 South State Street
Dover, DE 19901
CI 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.
PLACE OF TESTIMONY DATE AND TIME
W YOU ARE COMMANDED to appear at the place, date, and time specified below to testify on the topics set
forth in Schedule B at the taking of a deposition in the above case pursuant to Rule 30 of the Federal Rules of Civil
Procedure.
PLACE or DEPOSITION Ashby & Geddes PROPOSED DATE AND TIME _
500 Delaware Avenue, 8"‘ Floor, Wilmington, DE 19801 TOO DE agrccd DPOD by the Pamcs
El YOU ARE COMMANDED to produce and permit inspection and copying of the following doctunents or
objects at the place, date, and time specified below: See Schedule A.
PLACE PROPOSED DATE AND TIME
D 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 A l »
more officers, directors, or managing agents, or other persons who consent to testify on its behalfQ 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 OFFICER RE AND DATE
·/’ii April 16, 2008
Attorney for Christina M. Krokos, James K. Krokos, husband and wife individually ‘ ‘ ‘
and collectivel as the next friend and arent of K.I.K., a minor
ISSUING 0I=FICER’s NAME, ADDRESS AND PHONE NUMBER
Randall E. Robbins, Ashby & Geddes, 500 Delaware Avenue, Sth Floor, P.O. Box 1150, Wilmington, DE 19899
(302 654-1888
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Case 1 :07-cv—00478- IVI PT Docu ment 27 Filed 04/16/2008 Page 3 of 4
PROOF OF SERVICE
DATE OF SERVICE PLACE OF SERVICE
SERVED ON (PRH~IT NAME) MANNER OF SERVICE e
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
I declare under enal of e ' the laws of the United States of America that the fore oin information
P _ P UUYY S
contained in the Proof of Service rs true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
_ Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (iii) requires disclosure of privileged or other protected matter and
no exception or waiver applies, or
(1) A party or an attorney responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden or (iv) subjects a person to undue burden. ‘
expense on a person subject to that subpoena. The court on behalf of which (B) If a subpoena
the subpoena was issued shall enforce this duty and impose upon the party or
attorney in breach of this duty and appropriate sanction, which may include, (I) rouuiros disolosuro or- a tmdo sooroi or oilror ooulidouiiol
but is not limited to, lost eamings and a rmsonable attorney’s fee. rosoarolr dovolopmouil or oorumoroial information, or
(ZXA) A pmon aarrrrrarrdrd t° pmducc and pcrmlt lnspccllon and (ii) requires disclosure of an unretained expert’s opinion or
°°l’Yi“g °f dcsignatcd b°°kS~ Papmr dgcumcms OT m“g'bl° thmgsr °T _ infomration not describing specific events or occurrences in dispute and
inspection of premises need not appear in person at the place of production or resulting from rho oxuorres study rmdo not or tho roquosr of any Parry, or
inspection unless commanded to appear for deposition, hearing or trial.
_ _ (iii) requires a person who is not a party or an ofiicer of a party to
(B) Srbirrt ra paragraph <2> af tara rule a varrar rarrrrrarrdrd ra _ rm- substantial expense to sever more than wo miles to attend mer, the
P;_°g“°° iarrd Pcmut “';P°°*;1°“ ard °°P¥§%“ri‘aY> ‘”‘thiP 14 aavr agar Scwliic court may, to protect a person subject to or affected by the subpoena, quash or
° t ° su poem °t br Qrct E time spec] ° Or °°mp lance I wc time Is css modify the subpoena or, if the part in whose behalf the subpoena is issued
thin 14 days ijvlgcr STB upmzi tha paw OT arrairrry dcslgmgig m that shows a substantial need for the testimony or material that cannot be
S11 pOBl'\2. Wfl 0 _]€C OI] 0 IIISIJCC OH OT C0pyII'lg 0 any OI` 8. 0 B th ' t 'th t d h d h· d th tth t h
designated materials or f the premises. If objection is made, the party serving ghoimgggotxg i:;dd(;;S;,_I:i grill lg; :o£o;1;b$;L;fi;m;uro§’pdi§2;ur?r vriiagm
the subpoena shall not be entitled to inspect and copy the materials or inspect ordor auuoorauoo or production only upou Suooiiiod ooudilioui
the premises except pursuant to an order of the court by which the subpoena
was issued. If objection has been made, the party serving the subpoena may,
upon notice to the person commanded to produce, move at any time for an (d) DUTIES IN RESPONDING TO SUBPOENA V ’
order to compel the production. Such an order to compel production shall
protect any person who is not a party or an officer of a party from significant (1) A person responding to a subpoena to produce documents shall
expense resulting from the inspection and copying cormnanded. produce them as they are kept in the usual course of business or shall organize
and label them to correspond with the categories in the demand.
(3)(A) On timely motion, the court by which a subpoena was issued shall
quash or modify the subpoena if it (2) When information subject to a subpoena is withheld on a claim that it is
privileged or subject to a subpoena is withheld on a claim that it is privileged
(il fails to allow reasonable time for compliance, or subject to protection as trial preparation materials, the claim shall be made
(ii) requires 3 person who is not a party or mi Ofrlocr or- 3 party to expressly and shall be supported by a description of the nature of the
travel to a place more than 100 miles from the place where that person resides, ¤¤¤rjir¤rrrria· °°mm‘jm°au°"S’ ar thrrgr rar pwduccd that is rafriarrrr t°
is employed or regularly transacts business in person, except that, subject to cm C ° drrrarrdrrg party t° wmcst thc alarm
the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order
to attend trial be commanded to travel from any such place within the state in
which the trial is held, or
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Case 1:07-cv—00478-IVIPT Document 27 Filed 04/16/2008 Page 4 of 4
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