Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :07-cv-00128-JJF Document 26 Filed 01/22/2008 Page 1 of 2
g L E . . .
Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
"VES FLORESTAL SUBPOENA IN A civns CASE
V.
GOLDEN HARRINGTON, LLC, a Delaware limited OT 128 JJF
llabilitv companv, and TWENTY—NlNE CORP. C·'1S0 N11H1b0I2 ` `
TQ; R&K Management, Inc.
Attention: Robert A. Cocozzoii
506 Cindy Lane
Smyrna, DE 19977
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.
PLACE oa TESTlMONY coumaoom
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
inthe above case.
PLACE or DEPOSITEON [ DATE AND TIME
Y [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):
Any and all records referring or relating to Yves Florestal (SSN: 221—86—1 389), including but not limited to,
correspondence, employment applications, resumes, employment records, performance evaluations, personnel Hie,
disciplinary warnings, payment and salary records, and tax records.
PLACE Young Conaway Stargatt & Taylor, LLP DATE AND TIME
1000 West street me Floor, wrrmrngien DE rssoi 1/25/2000 10200 am
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 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).
A tssu N orare A ·s sic URE AND TITLE (INDECATE ir ATTORNEY FOREANTIFF OR EFENDANT) DATE
‘ - ‘ _ _..» ` _ , ji , , 1/10/2008
{ rjv " I {
rssurnc cme . ADDRESS AND 1>noNE NUMBER
Michael P. Sta ord, Young Conaway Stargatt & Taylor, LLP 1000 West Street, 17th Floor, Wilmington, DE 19801
c (302) 571 —6553
; X (See Rule 45, Federal Rules of Civil Procedure, Subdivisions (c}, (d), and (e), on next page)
PERSONAL APPEARANCE IS VVAlVED IF DOCUMENTS ARE PRODUCED PRIOR TO 'l/25/08.

__ Case 1 :07-cv-00128-JJ F Docu ment 26 Filed O1 /22/2008 Page 2 0f 2
PROOF OF SERVICE
DATE PLACE Z V
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SERVED I/rj/JK 6% (',o·».¤Lgi·¤¤’*]€H__m
SERVED ON (PRINT NAME) MANNER OF S · VICE
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oem. a ms am nip `Dct ~\/cer
SERVED BY (PRINT NAME) TITLE
E/H2 { kjjéi/(K Z *i;fdU/(ra 5L·¤-»U{·~·
DECLARATION OF SERVER
I declare under penalty of perjury under the laws ofthe United States of America that the forego ing infomation contained
in the Proof of Service is true and correct.
W,. _. J"`
1,* J _ · .?,i ,..1 t....... M
Z I rl/’ .F/ _ I _`_` ` ll
Executed on j f ..4111.% ·‘\/ _ of " "··—
ATE N . GNN}? it · OF SE Q ‘ ER
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ADDRESS OF SERVER
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Rule 45, Federai Rules of Civii Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF FEMONS SUBJECT TO Su¤POENAs. to or afT`cc1‘cd by the subpoena, quash or modify the subpoena or, if the party in whose behalf
{1} A party or an attorney rcsponsibie for the issuance and service of a subpoena shall take the subpoena is issued slzows a substantial need for the Qestimony or material 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 %hc subpoena WHS issued Shall enforce this duty and addressed will be reusunahiy compensated, the court may order appearance or production nniy
impose upon the party or attorney in breach of this duty an appropriate sanction, which may upon specitied conditions.
include, bu: is nn; limited tu, lost earnings and a reasonable attomeyls fee.
(2} (A) A person commanded to produce and perrni: inspection, copying, testing, ur (d) Dunes in Resronomn ro Suaroem.
sampling ofdcsignated electronically store:1infon11ation,booI things, or inspection of premises need no! appear in pcrsun at the piace of production or they are keptinthe usual course of business or shali organize am1§abelthcm tu correspond with
inspection unicss commanded zo appear for deposition, hearing or trial. the categories in the demand.
(B) Sub_£ect to paragraph {d}(2) of this rule, aperson eommandcd 20 produce and permit (B)1fa subpoena does not specifythe form or forms for producing electronically stored
inspection, copying, testing, or sampling may, within I4 days after service ofthe subpoena ur information, a person responding to a subpoena must produce the information in n form ur
before the Qime specilied for compliance if such time is less than i4 days aher service, serve forms En which the person ordinarily maintains it or in a form or forms that are reasonnbiy
upon the party ur auomcy designated in the subpoena written objection ru producing any or all usable.
ufllze dcsignaicd materials or inspection ofthe premisesw-urto producing electronically stored {C) A person rcspondingm a subpoena need notpruduce the same electronically stored
infomwtion in the forrn or fomis requested. Ifobjcction is made, the party sewing the subpoena infonnation in more ihan one form.
st-ral; not be entitled to inspect, copy, 1est, or sarnpie Zhc materials or inspect the premises except {D) A person responding to a subpoena need not provide discovery ofeleeimnieally
pursuans so an order of the cuurt by which the subpoena was issued. Ifubjeetion has been made, stored infomation from sources that the person identifies 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 compo} discovery or io quash, the person from whom
at any 1ime for an order to compel the production, inspection, copying, testing, or ssunpiing. diseoveryis sought mustshuw that 1he infomation sought is not reasonably accessible because
Such an order 20 compel sha?} protect any person whois note party ur an officer ofa party from uf undue burden or cost. If that Showing Es made, the court may nonetheiess order discovery
significanz expense resuiting from the inspection, copying, testing, or sampling commanded. from such sources if the requesting party shows good cause, considering 1hc Eimiiations of Rule
(3) (A) On timely motiur1,lhe coun by which a subpoena was issued shall quash orznodify 2G(b)(2){C). The court may specify conditions for the discovery.
the subpoena if it (2} (A) When infomation subject to a subpoena is withheld on a claim that it is privileged
(i) faiis so aliow reasonable time for compliance; or subgect to protection as trial-preparation materials, the claim shall be made expressly and
(i§)requi1¤cs a person who is nut a party ur an officer of a party to zravci to a place shalt be supported by a description of the nature ofthe documents, communications, ur things
more than 100 miles from the place where that person resides, is employed or reguiarly transacis not produced Shat is sufiieient to enabie the demanding party to contest the claim.
business in person, except that, subjectto the provisions ot`u§ause(c)(3){B){iii) ofthis rule, such (B) If infomation is produced in response tu a subpoena that is subject to a claim of
a person may in order to attend trial be corrunanded to travel from any such piacc within thc privilege or ofpmiection as trial-preparation material, the person making the claim may notify
state in which the ¥ria1 is held; any party that received the information ofthe cluim and the basis For it. Ahcr being notified,
(iii) requires disclosure ofpriviieged or other protected matter and no exception or a party must promptly retum, sequester, or destroy the specified infomation and any copies it
waiver applies; or has and may not use or disciuse the information until the claim is resolved. A receiving party
(iv) subjects a person to undue burden. may promptly present the infomation to the oourt under seal fom dcterminazion ofthe claim.
(B) Ifa subpoena Ifthe receiving party disclosed the information before being notified, i! must mk: reasonable
(i) requires disclosure ofa trade secret ur other confidential research, development, steps to reuievc it. The person who produced the infomation must preserve the infomation
or corrunerciai infomation, or until she claim is rcsoived.
(ii) requires disclosure of an unrelained expert’s opinion or infomation no:
describing speeitic events or occurrences in dispute and resuéténg from the experfs study made (e) CGNTEMPI. Faiéure of any person wi£hout adequate excuse to obey a subpoena served upon
n0§ at the request of any party, or that person may be deemed a contempi of {he court liom which the subpoena issued. An
(iii) requires a person who is not a party or an ofticer ofa party to incur substantial adequate cause for failure to obey exisis when a subpoena purports to require a nonparty to
expense io travel more than 200 miies boattend triai, the court may, to prctecta person subject attend or produce at a piace nut within the limits provided by clause (ii) of subparagraph
{¤)(3)(·’~)·