Free Subpoena Returned Executed - District Court of Delaware - Delaware

__ , ·` Case 1 :07-cv-00128-JJF Document 25 Filed 01/22/2008 Page 1 of 2
I Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
I WEB FLORESTAL SUBPOENA IN A crvns CASE
V.
GOLDEN HARRINGTON, LLC, a Deiaware limited 0?_12B_JJF
liability company, and TWENTY-NINE CORP. CBS'-? NUmb€1'i
TO; Advance Counseling (;U§7LC’,CI§(ZLJ’\
Attention: I/ 115 N. Walnut Street, Suite C, Milford, DE 19963
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 os TESTEMONY 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.
t>i,AcE oa DEPOSITEON ` DATE AND TIME
Bil YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or obj ects):
Any and ali records, notes, reports, consuitations, summaries, diagnostic test reports, correspondence, memoranda,
billing records, and any other documents pertaining to your patient Yves Florestal (DOB: 02/22/1980;
SSN: 221 -86-1389)
PLACE Young Conaway Stargatt 8. Taytor, LLP DATE AND TIME
1000 west street inn Floor, wtrmtngmn DE team 1/24/2008 10=00 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(h)(6).
tssui GOFFIC *s si NAT ».· · s it (iNDzcATE11= ATTORNEY ron PLAINTIFF on DBFENDAN ) DATE
‘ ‘ - · · » E.- 1/10/2008
*Mi ,_A.» A
assume OFFICER’S NA ·5¢”'$“» ·’”"“*'N¤ prions NUMBER '
Michael P. Stafford, Young Conaway Stargatt & Taylor, LLP 1000 West Street, 17th Floor, Wilmington, DE 19801
(302) 571-6553
` (See Rule 45, Federal Rutes of Civil Procedure, Subdivisions (c), (d), and (e), on next page)
PERSONAL APPEARANCE IS WAEVED IF DOCUMENTS ARE PRODUCED PRIOR TO l/24/08.

._ ·‘ Case 1 :07-cv-00128-JJ F Docu ment 25 Filed O1 /22/2008 Page 2 0f 2

PROOF OF SERVICE
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SERVED ON RINT NAME A x . ” ' MANNER OF SERVECE
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SERVED BY (PRINT NAM TITLE
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` DECLARATION OF SERVER

I declare under penalty ofpcrjury under the laws ofthe United States 0fAmcrica that the foregoing information contained
in the Proof 0f Service is true and correct.
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EXBCl1[Cd Ol'] / r Ci//l,
ATE GNA OF SERVER
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ADDRESS OF SERVER


Rule 45, Federal Rules of Civil Procedure, Subdivisions {c), id), and (c), as amended un December 1, 2006:
{c) PROTECTION ¤r= Pekscws Sumecrro Sunmesms. ze or affected bythe subpoena, quash or modify she subpoena nr, if the party in whose behalf
(1) A party or an attorney responsible forthc issuance and service of a subpoena shall take the subpoena is issued shows a substantial nccd for the testémuny ur material that cannot be
reasonable szeps an avoid imposing undue burden nr expense nn a person subject to that cthcrwisc met without undue hardship and assures tha: the person bs whom the subpoena is
subpoena. The court on bchaif ofwhlch 1he subpoena was issued shall enforce this duty and addressed will be reasonably compensated, the cuurr may ordcr appearance or pmduetiun only
impose upon the party or altomcy in breach of this duty an appropriate sanction, which may upon speciEed conditions.
include, but is nut limited tu, lust eamings and a reasonable a!t0mcy’s fcc.
(2) (A) A person currunanded tu produce and permii inspection, copying, testing, or (d) DUTLES TN RESPONDING TD SUBPOENA.
sampling of designated eleclmnicaliystorcd information, books, papers, documents or tangible (1) (A) A person responding to a subpoena tn produce documents shall produce zhem as
things, or inspection of premises need not appear in person at the place of production ur theyare kept in theusual course of business orshaliurganize and label thcm to correspond with
inspection unless commanded to appear for deposition, hearing ur trial. the categories in 1he demand.
(B) Subjectto paragraph (d)(2) uflhis rule, a person commanded wpruducc and permit (B) Ifasubpccna clues not specify the form or forms for producing clcctsunicallysénred
inspection, copying, testing, or sampling may, within 14 days aher service nfzhe subpoena ur information, a person responding to a subpoena must produce the information in a form or
before the time specified for compliance ifsuch {imc is less than I4 days after service, serve forms in which the pcrsun ordinarily maintains it ur in a form or farms that are rcasonably
upon thc party ur attumey designated in thc subpoena written objection tu producing any or all usable.
ufllze designahzd materials D1'll'I5pBCllDIl1 0f¥l1cprem£sc$~—0r10 producing eleetmnlcuily stared (C)Ape¥S0n responding 20 asubpuena need nai produce ihcsamc elcctmnicaliyslurccl
infomation in the form orfcrmsrequcsted. lfobjccticm is made, thepm-ty servingtlacsubpuezaa infomation in more than one form.
shall nut be entitled toinspect, copy, inst, 0: sample the materials crinspectthc prcmlscs exccpt (D) A person responding to n subpoena need nc? provide discovery nf electronically
pursusmz to an order nfthecuurt by which the subpoena was issued, ifubjcctinn has been made, stored infomation from sources that the person identifies as not reasonably accessible 'heeausc
the party sewing zhc subpoena may, upon notice to Lhe person commanded Qu produce, move nf undue burden or cos:. On motion to compel discovery ur to quash, the person from whom
at any zimc fur an order lc compel thc pruducziun, Enspcczicn, copying, testing, or sampling. discovery is sought must show thatthc infomation sought is zmtreasnnably accessible because
Sueh an order zu compel shall protect any person who is nut a pany ur an ufiiccr of a party from of unduc burden or cost. Ifthat showing is made, thc court may ncrzclhcless order cliscnvcry
` significant expense nzsulzing from the inspection, copying, testing, ur sampling commanded, from such sources if the requesting party shows good cause, considering the limitations cfRu§e
(3) (A) 011 timely mosion, zhc coun by which a subpoena was issued shall quash or mudiiy 26(b)(2)(C). The cnurz may specify conditions for the discuvery.
the subpoena if ii (2) (A) When infomation subject to a subpoena is withheld on :-1 claim that it is prlviieged
{i) fails to alluw reasonable zime fur compliance; or subject to protection as triahpreparaticn materials, zhc ciairn shall be madc expressly and
(ii) requires a person who is not a party ur an officer ofa party to travel 2u a place shall be supported by a description ofthe naiuse ef the documents, communications, or things
more than 100 miles from the place where shat person resides, is cmpioyed or rcgularéy transacm nut produced that is suflicicnz to cnable zhc demanding party to contest the claim.
business in pc:s011,ex¤epttha%,sub_§ec:t1nthc;1r0vEsi01zs cfclausc (c}(3)(B)(lii) of this mic, such (B} If infomation is pmdueed in response to a subpoena Lhat is subject m a claim nf
a person may in order so attend trial be commanded tu travel from any such place within the privilege ur ufprotection as trial-preparation material, the person making the claim may nctliir
state in which thc trial is hcid; any party that received ihc information of the claim and the basis fur E1. Ailer being nuzitied,
(ii i) requires disclosure nf privileged ur other protected matter and nu exception or a party mus! pmmptly return, sequeszer, nr destroy Lhe specified infomation and any copies it
waiver appéics; or has and may not use or disclose the information unzil the claim is resolved. A receiving party
(iv) subjects a person in undue burden. may promptly present the infomation to thc court under seai for a detemuinaziun ofthe claim.
(B) Ifa subpoena if the receiving party disclosed the infurznaziun before being nulitind, it must take rcasunalale
(i) requires disclosure of a tmdc secret or other ecm fidential research, development, steps lu retrieve ir. The person who produced {he infomation must preserve the information
or commercial infomation, or until lhe claim is resnived.
{ii} requires disclosure of an unretained experl’s opinion nr infomation nu!
describing specific events or occurrences in dispute and resulting from the expel-t‘s smdy made {e) CDNTEMP1". Faiiurc ofany person without adequate excuse to obey a subpoena served upon
not at the rcquestcfany party, or that person may be deemed a contempt ofthe court from which 1.hc subpuena issued, An
{iii) requires an person who is not a panyoz an officer ofa partyto incur substantial adequate cause for failure lu obey exists when a subpoena purports to require a nonparty to
expense in travel more Lhan 100 miles to attend trlal,the court may, to pmtectapezsen subject attend or produce ui a place not within the limits provided by clause (ii) of subparagraph
{¤l{3)(»°~)·