Free Subpoena - District Court of Delaware - Delaware

Case 1:07-cv—00118-G|\/IS [i§§L&·%epbv)theFI|ed 04/13/2007 Page 1 of 3
UNITED STATES Dnstnnct Count
DISTRICT OF DELAWARE
DANIEL SIEGFRIED
SUBPOENA IN A CIVIL CASE
v.
McNEIL CONSUMER & SPECIALTY Civil Action No.: 07-1 18 GMS
PHARMACEUTICAI,S, A DIVISION OF MCNEIL
PPC, INC., a foreign corporation, JOHNSON &
.¥OHNSON—- MERCK CONSUMER
PHARMACEUTXCALS Co., a foreign corporation,
and JOHNSON & IOIHSSON, a foreign corporation _
TO:
DOVER INTERNATIONAL SPEEDWAY
1131 N. Dupont Highway
Dover, DE 19901
CI YOU ARE COMMANDED to appear in the United States District Court for the District of Delaware at
the piece, date, and time specified below to testify in the above case.
PLACE OF TESTHVSONY COURTROOM
U DATE ANDTiIv1E
III YOU ARE COMMANDEI) to appear at the place, date, and time specified below to testify at the taking
of a de-position in the above case.
PLACE OF DEPOSITEON BATH AND 'FEME
X YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents
or objects at the place, date, and time specified beiow (list documents or objects]:
DUCES TECUM: Deponent is requested to produce any and all related documents in their possession,
including but not limited to, records, reports, documentation, notes and correspondence relating to an incident
that occurred on June 5, 2005 at the Dover International Speedway involving Daniel Siegfried. NOTE;
a -·I I i t e r .... e II ¤ II I II I I I I
PLACE DA'l'EAND'HME
1202 Kirkwood Highway, Wilmington, Delaware 19805 May 1, 2007, 10:00 asn.
III YOU ARE COMMANDED to permit inspection of the following premises at the date and time
specified below.
PREMISES HATEANDTHAE
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 behali, and may
set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil
Procedure, 30(b)(6).

mzoimsr1NovA1uw·suAz»1vs, ·*<‘i;·· »‘#:i·$- : •`·' =• • o 6 I ‘• V ` `ii `·•· ` • ”
Matthew R. Fogg, Esq., Doroshow, Pasquale, Krawitz & Bhaya, 1202 Kirkwood Highway, Wilmington, Delaware
19805, (302) 998-0100
SI EAW (IND ATTORNEY FOKPLAINTNF M DaTE
Attomey fo Plain iff, Daniel Sgé/lried April 13, 2007
Cc: Kevin Connors, Esq.
Kimberly Mcney, Esq.

Case 1 :07-cv—OO118-GIVIS Document 10 Filed 04/13/2007 Page 3 of 3
PROOF OF SERVICE |
SERVED DATE PLACE
SERVED ON (PRINT NAME) NAME OF SERVICE
SERVED BY (PR1NT NAME) TITLE
DECLARATION OF SERVER [
I declare under perjury under the laws of the Umtcd States 0fAmer1ca that the foregoing 111format10n
i conta.med m the Proof of Servtce 1S true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45’ Federal Rules of CW]! Pr0ccdurc° Parts C & provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to
D attend trial be commanded to travel from any such place within the state in
which the trial is held, or
(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 (iv) subjects a person to undue burden.
subpoena shalt take reasonable steps to avoid imposing undue burden or
expense on a person subject to that subpoena. The court on behalf of which the (B) If a subpoena
subpoena was issued shall enforce this duty and impose upon the party or (i) requires disclosure of a trade secret or other contidential research,
attorney in breach of this duty an appropriate sanction which may include, but is development, or commercial information, or
not limited to, inst earnings and reasonabic attorneys fee. (ii) requires disclosure of an unretained experts opinion or infomation
not describing specitic events or occurrences in dispute and resuiting from the
(2) (A) A person commanded to produce and permit inspection and copying of experts study made not at the request of any party, or
designated books, papers, documents or tangible things, or inspection of premises (iii) requires a person who is not a party or an officer of a party to incur
need not appear in person at the place of production or inspection unless substantial expense to travel more than 100 mites to attend triai, the court may,
commanded to appear for deposition. hearing or trial. to protect a person subject to or attested by the subpoena, quash or modify the
(B) Subieot to paragraph (d) (2) of this rule, a person commanded to produce subpoena, or, if the party in who behaif the subpoena is issued shows a
and permit inspection and copying may, within 14 days after service of substantial need for the testimony or material that cannot be otherwise met
subpoena or before the time speciiied for compiiance if such time is less than without undue hardship and assures that the person to whom the subpoena is
14 days after senrice, serve upon the party or attorney designated inthe addressed wiii be reasonably compensated, the court may order appearance or
subpoena written obiection to inspection or copying of any or ail ofthe production onty upon specitied conditions.
designated materials or ofthe premises. lf objection is made, the party serving
the subpoena snail not be entitled to inspect and copy materials or inspect the (d) DUTtES IN RESPONDING TO SUBPOENA.
premises except pursuant to an order ofthe court by which the subpoena was
issued. If objection has been made, the party sewing the subpoena may, upon (1) A person responding to a subpoena to produce documents shall produce
notice to the person commanded to produce, move at any time for an order to them as they are kept in the usual course of business or shall organize and
compel the production. Such an order to comply production shall protect any label them to correspond with the categories in the demand.
person who is not a party or an officer of a party from significant expense (2) When information subject to a subpoena is withheld on a claim that it is
resulting from the inspection and copying commanded. privileged or subject to protection as trial preparation materials, the claim shall
be made expressly and shall be supported by a description ofthe nature of the
(3) (A) Ori timely motion, the court by which a subpoena was issued shail quash documents, communications, or things not produced that is sufhoient to enabié
or modify the subpoena if it the demanding party to contest the ciaim.
(i) faiis to allow reasonable time for compliance,
(ii) requires a person who is not a party or ari ofncer of a party to travel to
a place mor than 100 mites from the place where that person resides, is
employed or reguiariy transacts business in person, except that, subject to the