Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :04-cv-01256-JJF Document 72-2 Filed O2/O3/2006 Page 1 of 2
AO BB (Rev. 7/001 Su in a Ciiil Cas:
Issued by the
United States District Court
NORTHERN DISTRICT OF ILLINOIS
MAGTEN ASSET MANAGEMENT SUBPOENA IN A CIVIL CASE - DUCES TECUM
CORPORATION.
Plaintiff.
v. Case Number: 04-1256 (J J F)
(Case pending in the United States
PAUL HASTINGS J ANOFSKY District Court t`or the District of Delaware)
& WALKER LLP
Defendant.
TO: ARTHUR ANDERSEN LLP
33 W. MONROE STREET
CHICAGO. IL 60603
E1 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.
sues; or rusrsssosw courmzoom
nm; mo mis
E1 YOU ARE COM MAN DED to appear at the place, date. and time specified below to testify at the taking of a deposition in
the above case.*
s=s.Acs; or nesosniow nlm; Ann mn;
It`s Your Serve FEBRUARY 23. 2006 AT 10:00 A.M.*
134 N. Lasalle Street
Suite 1200
Chica o. H. 60602
I YOU ARE COMM ANDED to produce and permit inspection and copying ofthe following documents or objects at the place,
date, and time specified below (list documents or objects):A1l documents identified on the attached Exhibit A
*Attem1ance at the de ositivn will be waived i the de anent roduces the re nested documents be are F ebrua 23, 2006.
peace nm; Asn mss;
It`s Your Serve FEBRUARY 23. 2006 AT 10:00 A.M.*
134 N. Lasalle Street
Suite 1200
Chica 0. IL 60602
Cl YOU ARE COMMANDED to emtit ins ection of the following remises at the date and time s ecified below.
smesssses I uma Asn mss;
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 erson will tcsti . Federal Rules of Civil Procedure, 30 b) 6).
sssumc orssce · ammo ns sn me snscmsz sr arronnev ron r-samrirr on DATE
nerunnasm
/s/ David . Jenkins (I o. 932) February 3, 2006
Attorney for Defendant
l)£;if2'gfi;fei[iiA§z? IL.-)Ih;PiU840lf)RDelaxvare Avenue, P.O. Box 410, Wilmington, DE 19899
(302) 652-8400
cc: Magten Litigation Service List

Case 1 :04-cv-01256-JJ F Document 72-2 Filed O2/O3/2006 Page 2 of 2
{Sc: Rule 45. Fedaal Rules MCM] Procedure. Peru C&D on next pag:)
PROOF OF SERVICE
SERVED
DATE PLACE
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PR1NT NAME) T1Ti.E
DECLARATION OF SERVER
I declare under penalty of petj ury under the laws of the United States of America that the foregoing
information contained in the Proof of Service is true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(i) requires disclosure of a trade secret or other confidential research,
(c) Protection of Persons Subject to Subpoenas. d°"°l°pm“"E·_°" °°‘T““°"Y'“l ·¤f¤m¤¤¤·¤¤· °" _ _ _ _ V
(u) requires disclosure of an unretained cxpert's opinion or infomation
(1) A party or an attorney responsible for the issuance and service ofa subpoena not dcsqribing specific events or occurrences in dispute and resulting from the
shall take reasonable steps to avoid imposing undue burden or expense on a person subject expcrt's study made not at the request of any party, or
to that subpoena. The coun on behalf of which thc subpocna was issued shall enforce this (iii) requires a person who is not a party or an ollicer of a party to incur
duty and impose upon the party or attorney in breach of this duty an appropriate sanction substantial cxpcnsc to travel more than l00 miles to attcnd trial, the coun may, to
which may include, but is not limited to, lost earnings and reasonable attomey's lice. protect a person subject to or affected by the subpoena, quash or modify the
subpoena, or, ifthe party in whose behalf the subpoena is issued shows a substantial
(2)(A) A person ¤¤m¤¤¤d¢d to producc and permit inspection and copying ofdcsignarcd need for the testimony or material than cannot be otherwise met mmout undue
books. papers. documents cr tangiolc things. or inspection of premises nccd not appear in hardship and assures that the person to whom the subpoena is addressed will be
person at the place of production or inspection unless commanded to appear for deposition, reasonably compensated, the court may order appearance or production only upon
hearing or trial. spccilied conditions.
(B) Subject to paragraph (d)(2) ofthis rule, a person commanded to produce and ((1) Duricg in Responding (0 Subpqum,
permit inspection and copying may, within 14 days after service ofsubpocna or before the
time specified for compliance if such time is less than I4 days after service. servc upon the (X) A person responding to 3 subpoena to produce documents Shan
Pan! °" ¥m°m€)’ deslgnalcd in mc $¤bP°°“¤ ‘·“'l"°¤ °bj°°*l°"' *0 l“$P°°¥l°'”' °" °°PYl“B of produce them as they arc kept in the usual course ofbusincss or shall organize and
any or all ofthe designated materials or ofthe premises. lf objection is made, the pany label [hcm [0 cmwspond with the Catcgorics in the demand
sewing the subpoena shall not bc entitled to inspect and copy materials or inspect the
premises except pursuant to an order ofthe coun by which the subpoena was issued. lf (2) “Ihcn intbnuation Subjccttoa subpoena is withheld Onacjagm [hm
Objcction has been m¤d°· '·h° WHY S=¤·i¤2 me $“bP°€“a '“3Y· uP°n nmicc {0 {hc Person it is privileged or subject to protection as trial preparation materials, the claim shall
commanded to produce, move at anytime for an order to compel the production. Such an be nladc expressly and Shall be Supponcd by a description of the nature of the
°*'d°l' *9 °°mPc] Pl'°du°ll°“ Sh¤11pr¤¤=¤¤¤¤yp=r$¤¤ who ls nm a PNW O" im °m°°" °f“ Pa'? documents, communications, or things not produced that is sullicient to enable the
from significant cxpcnsc resulting from the inspection and copying commanded. demanding pany K0 comes; the Claim
(3)(A) On timely motion, the court by which a subpoena was issued shall quash or
modify the subpoena if it
(i) fails to allow reasonable time for compliance.
(ii) requires a person who is not a party or an ofliccr ofa party to travel to a
place more than IOO miles from the place where that person resides, is employed or regularly
transacts business in person, except that. subject to thc 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 with thc state in which the trial is held, or
(iii) requires disclosure of privileged or other protected matter and no exception
or waiver applies, or
(iv) subjects a person to unduc burden.
lO010897.WPD