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

Case 1:04-cv-01551-JJF Document 364-2 Filed 10/O3/2007 Page1 0f4
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Case 1 :04-cv-01551-JJF Document 364-2 Filed 10/O3/2007 Page 2 of 4
UNITED STA TES DISTRICT COURT
F0R DISTRICT OF DELA WARE
ln Re: Student Finance Corporation, SUBPQENA IN A CIVIL CASE
Debtor.
Ei{J§;§`I§T§iEQ§i§H§i§]'Ei§iLY€fiH·Z§§ZsE>”5i?§EI5éi§ _ _ _
Finance (.Ol,_pOmtiOD Civil Action No. 04-1551 (JJF)
Plaintiff,
v.
Pepper Hamilton LLP, etal.,
Defendants.
WQGZQEQARKTMZQEFZQKQETTT C_ _' A _ N 02 1294 J F
Minnesota, N.A. as Trustee of SFC Grantor Trust, wl cum O` — ( J )
Series 2000-1, SFC Grantor Trust, Series 2000-2, SFC
Grantor Trust, Series 2000-3, SFC Grantor Trust,
Series 2000-4, SFC Grantor Trust, Series 2001-1, SFC
Grantor Trust, Series 2001-2, SFC Owner Trust 2001-
1, and SFC Grantor Trust, Series 2001-3,
Plaintiff/Counterclaim
Defendant,
v.
Royal Indemnity Company,
Defendant/Counterclaim
Plaintiff.
iiB§rE§5§T§E6&}QI§T"" TTTT " _ _ _
Thh,d_Pm,ty Plaintiff Civil Action N0. 02-1294 (JJF)
v.
Student Loan Servicing, LLC, etal.,
Third-Party Defendants.
TC); Darcy Lee Malcolm
c/o Pepper Hamilton LLP
Hercules Plaza, Suite 5100
1313 Market Street
Wilmington, Delaware 19899
( X ) You ARE CoiviiviANoEo to appear in the United States District Court at the place, date and time specified below to testify in
the above case.
fmt °” ““'M°"* 1. cares Boggs mimi Buiiamg °°‘”“"°°“” 4B
844 N. King Street DATE AND TIME
Wilmington, DE 19801 _ _
October 10, 2007, 9 a.m. (continuing day to
day thereafter until completed)
() 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. Testimony will be recorded by stenographic means.
PLACE OF DEPOSlTlON I DATE AND TIME
( ) You ARE Comivmnoao to produce and permit inspection and copying of the following documents or objects at the place,
date, and time specified below (list documents or objects):
PLACE | DATE AND TIME
( ) You ARE CorvirvlAn¤Eo to permit inspection of the following premises at the date and time specified below.
PREMISES I DATE AND TlME

Case 1 :04-cv-01551-JJF Document 364-2 Filed 10/O3/2007 Page 3 of 4
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 tejc , Federal Rules of Civil Procedure, 30(b)(6). *
WTSSUING OFFICER SIGNATURE AND TITLE (INDICATEj ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE
By? if _ , ,4 September 28, 2007
Attorneys for Pl iff C es A. S in ! =. , Jr.,
Chapter 7 Trustee of St » · t Finance Corporation
ISSUING OFFICEIVS NAME, ADDRESS AND PHONE NUMBER
Mary E. Augustine, Esq. Telephone: (302) 655-5000
Tue BAYARD FIRM
222 Delaware Avenue, Suite 900
Wilmington, Delaware l9899
F Ni pi L
PROOF OF SERVICE
DATE q mace QB [)(·;[,L,
SERVED its Qgggej {QZ gm/lL;otwn Ebtéténl [ MD ZMQ Il
SERVED ON (PRINT NAME) MANNER OF SERVICE
I _ _ = K '
{ IZLCUj Z & Q3? I/II/K
seaveu ev (P mr NAME) rirte V
r Y ,. . » .
{I/tieujig. . Buelett ji/Messe Sterztjles,/L.
DECLARATION OF SERVICE

I declare upon penalty of perjury under the laws of the United Sates of America that the foregoing information
contained in the Proof of Service is true and correct.

Exizcureo ou 2 if O K/of 2
SIGNATURE OF SERVER
230 A) @ A/iterate SF
ADDRESS OF SERVER
jg junit Ds'? [Q F0!
Rule 45 Federal Rules of Civil Procedure Parts (c) &(d):
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. copying of any and all of the designated materials or of the premises. lf
objection is made, the party sewing the subpoena shall not be entitled to
(1) A party or an attorney responsible for the issuance and service of inspect and copy the materials or inspect the premises except pursuant
a subpoena shall take reasonable steps to avoid imposing undue to an order of the court by which the subpoena was issued. lf objection
burden or expense on a person subject to that subpoena. The coun on has been made, the party serving the subpoena may, upon notice to the
behalf of which the subpoena was issued shall enforce this duty and person commanded to produce, move at any time for an order to compel
impose upon the party or attorney in breach of this duty an appropriate the production. Such an order to complete production shall protect any
sanction, which may include, but is not limited to, lost earnings and a person who is not a party or an officer of a party from significant expense
reasonable attorney's fee. resulting from the inspection and copying commanded.
(2)(A) A person commanded to produce and permit inspection and (3)(A) On timely motion, the court by which a subpoena was issued
copying of designated books, papers, documents or tangible things, or shall quash or modify the subpoena if it
inspection of premises need not appear in person at the place of
production or inspection unless commanded to appear for deposition, (I) fails to allow reasonable time for compliance;
hearing or trial. (ii) requires a person who is not a party or an officer of a party to
travel to a place more than 100 miles from the place where that
(B) Subject to paragraph (d)(2) of this rule, a person commanded person resides, is employed or regularly transacts business in
to produce and permit inspection and copying may, within 14 days after person, except that, subject to the provisions of clause (c)(3)(B)(iii)
service of the subpoena or before the time specified for compliance if of this rule, such a person may in order to attend trial be
such time is less than 14 days after senrice, serve upon the party or commanded to travel from any such place within the state in which
attorney designated in the subpoena written objection to inspection or the trial is held, or

Case 1 :04-cv-01551-JJF Document 364-2 Filed 10/O3/2007 Page 4 of 4
(iii) requires disclosure of privileged or other protected matter
and no exception or waiver applies, or
(iv) subjects a person to undue burden,
(B) If a subpoena
(i) requires disclosure of a trade secret or other confidential
research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or
information not describing speciuc events or occurrences in
dispute and resulting from the experts study made not at the
request of any party, or
(iii) requires a person who is not a party or an officer of a party to
incur substantial expense to travel more than 100 miles to
attend trial, the court may, to protect a person subject to or
affected by the subpoena, quash or modify the subpoena or, if
the party in whose behalf the subpoena is issued shows a
substantial need for the testimony or material that cannot be
otherwise met with undue hardship and assures that the person
to whom the subpoena is addressed will be reasonably
compensated, the court may order appearance or production
only upon specined conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA,
(1) A person responding to a subpoena to produce documents shall
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.
(2) When information subject to a subpoena is withheld on a claim
that is privileged or subject to protection as trial preparation materials,
the claim shall be made expressly and shall be supported by a
description of the nature of the documents, communications, or things
not produced that is sufficient to enable the demanding pany to contest
the claim,