Free Subpoena Returned Executed - District Court of Delaware - Delaware

_ Case 1:04-cv-01205-SLR Document 61 Filed O1/05/2006 Page 1 ot 2
AO88 (Delaware Rev. 7/00) Subpoena in a Civil Case

Issued by the
UNITED STATES Drsrarcr Count
DISTRICT OF DELAWARE
Jeffrey Alonzo Simms, SUBPOENA IN A Cl V lL CASE
Plaintiff, ‘
V.
Harry M. Freeman, l‘/LD., et al., ‘ Case Nu1nber;‘ O4-1205-SLR
Defendants.
TO: Delaware Correctional Center `
1181 Paddock Road, Smyrna, DE 19977 ..
% Department of Corrections Bureau Chief Joyce Talley
245 McKee Road, Dover, DE 19904
El YOU ARE COMMANDED to appear in the United State District court at the place, date, and time specified below to —
testify in the above case. _
PLACE or TESTIMONY couarRooM A
I] YOU ARE COMMANDED to app ar at e place, date, 1 time spec tied belo to t sti a the taking f a dep sition in
the above case.
PLACE or DEPOSITION if T"` Tm, Y'A`l» T T if T" m i l lllif ATWWTWT ` C IN www
I YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the place, date, and
time specified below: A copy of any and all medical records, fact sheets, discharge summary history, physical examination,
physiciz-1n’s(s’) notes, consultations, operations, pathology reports, emergency room reports, clinical laboratoql ECG and MRI reports,
CT scan reports, x—ray reports, physician’s(s’) orders, physical therapy records, specifically including those records maintained by First
Correctional Medical and any other information in your possession concerning:
Jeffrey Alonzo Simms SBI # 198625

PLACE McCullough & McKenry DAtE AND TIME
1225 N. King Street, Suite 1100 January 5, 2006 at 2:00 p.m.
Wilmington, DE 19399 I .
El YOU ARE COMMANDED to pennit inspection ofthe following premises at the date and time specified below.
M ation not a t suit s b poe ed for the taking f a dep s ate one or cers, C A if C
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).
issumc OFFlCE ’S s1GNAr `r1rt (1ND1cArE ir A T RI Y ron LAINT F O EFENDAIJT) C if Y M TMTTTT Tiii if H lvliinli 4 ililililiil T iiii T iiiii iiiii
/s/ Dana M. Spring, Esquire, Anemeys f`orR0berla F. sums, MD. C December2l, 2005 l
rssum rrr s , H E NE if if A T iili if if I iili C if TTVTTTTTTW C 1 C if C irii if H
Dana M. Spring, Esquire,
McCullough & MeKenty, 1225 N. King Street, Suite 1100, RO, Box 397, Wilmington, DE 19899, Attorneys for Defendant Roberta F. Bums, MD. (302) 6556749
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
'. lf action is pending in district other than district of issuance, state district under case number.

oase1;04-ev-01205-SLR P1m&mEe(0FeSERw1I4B1D1/05/2006 Page 2 or 2
SERVED DATE ) PLACE
Delaware Correctional Center 12/23/2005 @ 245 McKee Road,
1:20 .m. Dover, DE 19904
Served on (Print Name) Manner
Paul Howard Bureau Chief for Level 5 (Talley on vac.)
Sen/ed by (Print Name) Title
David W. Phillips Special Process Server
DECLARATION OF SERVER
I declare under penalty of perj uiy under the laws of the State of Delaware that the foregoing information
contained in the Proof of Service is true and correct.
\ _ n.
W ' O
Executed on 1/3/2006
Date Signature of Server
P.O. Box 368
Wilmington, DE 19899-0368
Address of Server

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) Protection of Persons Subject to Subpoenas. this rule, such a person may in order to attend trial be commanded
to travel from any such place within the state in which the trial is
(1) A party or an attorney responsible for the issuance and service held ;
of a subpoena shall take reasonable steps to avoid imposing undue (iii) requires disclosure of privileged or other protected
burden or expense on a person subject to that subpoena. The matter and no exception or waiver applies, or
Court on behalf of which the subpoena was issued shall enforce (iv) subjects a person to undue burden.
this duty and impose upon the party or attorney in breach of this
duty an appropriate sanction, which may include, but is not
limited to, lest earnings and a reasonable attorney’s fee. (B) If a subpoena
(2)(A) A person commanded to produce and permit inspection and (i) requires disclosure of a trade secret or other confidential
copying of designated books, papers, documents or tangible things research, development, or commercial information, or:
or inspection of premises need not appear in person at the place of (ii) requires disclosure of an unretained expert’s opinion or
production or inspection unless commanded to appear for information not describing specific events or occurrences in
deposition, hearing or trial. dispute and resulting from the expert’s study made not at the
request of any party; or
(B) Subject to paragraph (d)(2) of this rule, a person commanded to (iii) requires a person who is not a party or an officer of a party
produce and permit inspection and copying may, within 14 days to incur substantial expense to travel more than 100 miles to
after service of the subpoena or before the time specified for attend trial, the court may, to protect a person subject to or
compliance if such time is less than 14 days after service, serve affected by the subpoena, quash or modify the subpoena or, if the
upon the party or attorney designated in the subpoena written party in whose behalf the subpoena is issued shows a substantial
objection to inspection or copying of any or all of the designated need for the testimony or material that cannot be otherwise met
materials or of the premises. If objection is made, the party without undue hardship and ass ' es that the person to whom the
serving the subpoena shall not be entitled to inspect and copy the subpoena is addressed will brz4;1;sonably compensated, the court
materials or inspect the except pursuant to an order of the Court. may order appearance or production only upon specified
If objection has been made, the party serving the subpoena may, conditions.
upon notice to the person commanded to produce, move at any
time for an order to compel the production. Such an order to (d) Duties In Responding to Subpoena.
compel production shall protect any person who is not a party or
an officer of a party from significant expense resulting from the (1) A person responding to a subpoena to produce documents shall
Inspection and copying commanded. produce them as they are kept in the usual course of business or
shall organize and label them to correspond with the categories in
(3)(A) On timely motion, the court by which a subpoena was issued the demand.
shall quash or modify the subpoena if it::
(i) fails to allow reasonable time for compliance, (2) When information subject to a subpoena is withheld on a claim
(ii) requires a person who is not a party or an office of a party that it is privileged or subject to protection as trial preparation
to travel to a place more than 100 miles from the place where that materials, the claim shall be made expressly and shall be supported
person resides, is employed or regularly transacts business in by a description of the nature of the documents, communications,
Person, except that subject to the provision of clause (c)(3)(B)(iii) of or things not produced that is sufficient to enable the demanding
party to contest the claim.