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

Case 1:05-cv-00879-SLR Document 29 Filed O4/06/2006 Paget of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OE DELAWARE
PIKE ELECTRIC CORPORATION 8.;
PIKE ELECTRIC, INC.,
Plaintiffs
C.A, No. 05-879 (SLR)
v.
MICK DUBEA,
Defendant.
NOTICE OF SUBPOENA OF MARK STYSLINGER
TO: Lewis H. Lazarus, Esquire
Morris James Hitchens & Williams LLP
222 Delaware Avenue, 10*}* Floor
Wiimington, DE E9899
PLEASE TAKE NOTICE that pursuant to Ruie 45 of the Federal Rules of Civil
Procedure, the attached subpoena rrd testificczndzmz will be served on Mark Styslinger of Aitec
Industries, Inc,
x ` f ‘
· A_. Inn Y Y '
OF COUNSEL: `~·’ tlliam J. ade (#704) i
Michael A. Paskin wade@rlf. m
Cravath, Swaine & Moore LLP Alyssa M. Schwartz (#4351)
Worldwide Plaza scl·1wartz@r1tYc0m
825 Eighth Avenue One Rodney Square
New York, NY 10019-7475 PO. Box 551
(212) 474-1000 Wilmington, DE 19899
(302) 651-7700
Attorneys for Plaintiffs Pike Electric
Dated: April 6, 2006 Corporation and Pike Electric, Inc.
air 1-3000G96~l

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Olnitrb wares Eistrict Qiluurt
NORTHERN nrsrnrcr or ALABAMA
PIKE ELECTRIC CORPORATION and
PIKE ELECTRIC, INC.
v. SUBPOENA IN A CIVIL CASE
MICK DUBEA
criss ivuivrsss; (LA. N0. 05»879(SI..R)
TO: i\/lark Stysiinger
Altec Industries, inc.
210 lnverness Center Drive
Birmingham, Aiabama 35242-4808
YOU ARE CONIEVIANDED to appear in the United States District Court at the place, date, and time specified beiow to
testify in the above case.
PLACE OF TESTIMDNY CGLEHTHOOM
DATE AND TIME
YOU ARE COMIVEANDED to appear at the place, date, and time specified below to testify at the taking of e deposition in
the above case,
PLACE OF DEFOS|TÂ¥ON DATE AND TIME
Altec Industries, Inc., 210 Inverness Center Drive, Birmingham, May 10, 2066 at 9:00 a.m.
Alabama 35242-4808
YOU ARE COIVINIANDED to produce and permit inspection and copying of the foiiovving documents or obiects at the
place, date, and time specified beiovv (list documents or objects):
PLACE * DA’§'E ANS] `¥iM£
YOU ARE CONJNIANDED to permit inspection of the foliovving premises at the date and time specified below.
PHEMISES I DA`¥’§ ANS) T%ME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shali 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 vviii testify, Federal Flutes of Civil Procedure, 30(b}{l5}.
UIN OFFICEH SIGNATURE AND TITLE i DICATE IF ATTORNEY FOR Pi..A|NTÂ¥FF GH DEFENDANTI DATE r
,» __ » ap Attorney for Plaintiffs A/ (J
r i t /{/» g
assume orricsrrs sms Aocrisss Amo seems miners Alyssa M, Schwartz, Esq., Richards Layton & Finger, One Rodney Square,
P O Box 551, Wiimington, Delaware 19899 {302) 65i—7756

{See Flute 45 Federal Ruies or Civii Procedure. Ferre C & D on Reverse)
1tt.r1»30000ss-r


PROOF OF SERVICE
oars amos
SERVED
saevao on {Paint NAME) Mannen or ssnvlcs
ssnyzo av [PRINT MAME) Tarts
DECLARATION OF SERVER

l declare under penalty of perjury 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
ears
sloneruelz or ssevsn
Aoonzss DF ssevsn
Ruie 45, Federal Flules of Civil Procedure, Parts C & D:
(cl PHOTECTSON OF PERSONS SUBJECT TO SUBPOENAS SDH, except that, subject to the provisions of clause (c)(3l(B)(iii)
(1) A party or an attorney responsible for the issuance and service of this rule, such a person may in order to attend trial be
of e subpoena shall take reasonable steps to avoid imposing undue commanded to travel from any such place within the state En
burden or expense on a person subject to that subpoena. The court on which the triai is held, or
behalf of which the subpoenas was issued snail enforce this duty and
impose upon the party or attorney in breech ol this duty an appropriate iii) requires disclosure of privileged or other protected matter and
sanction. which may include, but is not limited to, lost earnings and e no exception or waiver applies. or
reasonable attorney‘s fee
(2)(A) A person commanded to produce and permit inspection and lv) subjects a person to undue burden.
copying of designated books, papers, documents or tangible things, or (B)lf a subpoena
inspection of premises need not appear in person at the place of (i) requires disclosure of a trade secret or other conf§dential
production or inspection unless commanded to appear for deposition, research, development, or commercial lniorrnatioh, or
bearing or trial
(B) Suhieot to paragraph (d)(2) of this rule, a person commanded ii) requires disclosure ol an unratalned expert's opinion or ln·
to produce and permit inspection and copying may, within 14 days after formation not describing specific events or occurrences in dispute
service of the subpoena or before the time specified for cornpiiance if and resulting from the expert's study made not at the request of
such time is less than 14 days after service, serve upon the party or any party, or
attorney designated in the subpoena written objection to inspection or
copying of any or all of the designated materials or of the premises, lf iii) requires a person who is not a party or an oificer of e party to
objection is made, the pany serving the subpoena shell not he entitled incur substantial expense to travel more than 100 miles to attend
to inspect and copy the materials or inspect the premises except trial, the court may, to protect e person subject to or affected by
pursuant to an order of the court by which the subpoena was issued. If the subpoena. quash or modify the subpoena or. if the party in
objection has been made, the party serving the subpoena may, upon whose behalf the subpoena is issued shows a substantial need
notice to the person commanded to produce, move at any time lor an tor the testimony or material that cannot be othenrvise met
order to compel the production Such an order to compel production without undue hardship and assures that the person to whom the
shell protect any person who is not a party or an officer of a party from subpoena is addressed will be reasonebiy compensated, the court
signifi cant expense resulting from the inspection and copying may order appearance or production only upon specified
commanded. conditions.
(3)(A) On timely motion. the court by which e subpoena was issued ldlDUTlES EN RESPDNDING T0 SUBPOENA
shall quash or modify the subpoena if it (‘l) A person responding to e subpoena to produce documents shall
li) tails to allow reasonable time for cornpiiance; produce them as they are kept in the usual course of business or shall
(ii) requires a person who is not a party or an olficer of a party organize and label them to correspond with the categories in the
to travel to place more than 10U miles irom the place where that demand
person resides, is employed or regularly trensects business in per- (2) When information subject to e subpoena is withheld on e claim
that it is privileged or subject to protection as trial preparation
materials, the claim shall be made expressly and shail be supported by
a description of the nature oi the documents, communications, or
things not produced that is sufficient to enable the demanding party to
contest the claim,
R.l..Fl -3OG~£lG85»i

Case 1:05-cv-00879-SLR Document 29 Filed O4/06/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 6, 2006, I electronically filed the foregoing
document with the Clerk ef Court using CM/ECP, and iiave also served the document as noted:
BY HAND DELIVERY
Lewis H. Lazarus, Esquire
Morris James Hitchens & Williams LLP
222. Delaware Avenue, 10m Fleet
Wilmington, DE l9899
J ¤
&// Alyssa M., S waltz (#4351 \.
Rl.?]-299774i~l