Free Subpoena - District Court of Delaware - Delaware

AO88 (Rev. 1/94) Sub oena in a Civil Case
‘ i‘ i‘i"'i7 "V""i`i" I7'»_"T " T""` 0 O • ' age O
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
JANE CZARNECKI SUBPOENA IN A CIVIL CASE
v. Case Number: 05-704
SMITH VOLKSWAGEN, LTD. ‘
TO: * Employment Records Keeper for: BACK BURNER, INC.
( 425 HOCKESSIN CORNER
HOCKESSIN DE 19707 (
ci 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.
PLACE OF TESTIMONY COURTROOM
‘ DATE AND TIME _
El 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.
PLACE OF DEPOSITION DATE AND TIME
TYBOUT, REDFEARN & PELL, 750 S. Madison Street, 4"‘ Floor,
Wilmington, DE 19801
U YOU ARE COMMANDED 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): : NOTE: Your
appearance is waived if the records are received in this office by the date of the deposition.
a copy oftheir employment records on employee JANE CZARNECKI, (DOB: 05/30/62) (SSN:
191-52-7468) including, but not limited to payroll records, applications for employment,
contracts or similar records of employment, job descriptions or other terms &/or conditions
of em lo ment. ‘
PLACE DATE AND TIME /
TYBOUT, REDFEARN & PELL, 750 s. Madison srroot, 4* Floor, MARCH 30, 2006
Wilmington, DE 19801 _ _ 1:00 p•m·
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time
specified below.
PREMISES I DATE AND TIME V
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 testify. Federal Rules -
of Civil Procedure 30(b) (6).
REQUESTING PARTY'S NAME, ADDRESS AND PHONE NUMBER
DAVID G. CULLEY, ESQUIRE, TYBOUT, REDFEARN & PELL, 750 S. MADISON
STREET, 4TH FLOOR, P.O. BOX 2092, WILMINGTON, DE 19899
ISSUING PARTY'S SIGNATURE AND TITLE (I I ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE
Attorneys for Defendant March 6’ 2006
7

Case 1 :05-cv—00704-GIVIS Document 46 Filed 03/13/2006 Pa e 2 of 2
PROOF OF SERVICE
DATE PLACE
SERVED March 7 I 2000 Back Burner, Inc.
A (4:03 p_M_) 426 Hockessin Corner
_ Hockessin, Delaware 19707
SERVED ON (i>iziN*r NAME) MANNER or SERVICE
by delivering a copy thereof to a person of
` H H3 Q . . . .
Jenmfef Fretchel ’ gener 1 me g r S`L11‘l3Hb].€.‘E1g€ and discretion then employed therein
as e •lo ent records kee•er
SERVED av (PRINT NAME) TITLE
Jeffrey L. Etitler process server
DECLARATION OF SERVER
' I declare under penalty of perjury under the laws of the State of Delaware that the foregoing information
contained in the Proof of Service is true and correct.
( /‘~ e
Exeeuted en Mefeh 7· 2000 u ,. 4.1 *——-
DATE , S I RE O ` RVER e
Legal Bea es, Inc.
P.O. Box 886
New Castle, Delaware 19720-0886
(302) 322-9897
ADDRESS OF SERVER
Rule 45, Federal Rules of Civil Procedure, Parts C & D
(cl Protection of Persons Subject to Subpoenas.
(1) A party or an attorney responsible for the issuance and matter and no exception or waiver applies, or
service of a subpoena shall take reasonable steps to avoid imposing (iv) subjects a person to undue burden,
undue burden or expense on a person subject to that subpoena. The g
court on behalf of which the subpoena was issued shall enforce this A (B) lf a subpoena
duty and impose upon the party or attorney in breach of this duty an li) requires disclosure of a trade secret or other confidential
appropriate sanction which may include, but is not limited to, lost research, development, or commercial information, or
earnings and reasonable attorney's fee. (ii) requires disclosure of an unretained expert's opinion or
(2)(A) A person commanded to produce and permit inspection information not describing specific events or occurrences in
and copying of designated books, papers, documents or tangible dispute and resulting from the expert's study made not at the
things or inspection of premises need not appear in person at the request of any party, or (iii) requires a person who is not a party
place of production or inspection unless commanded to appear for -0r an officer of a party to incur substantial expense to travel more
deposition, hearing or trial, than 100 miles
(B) Subject to paragraph (d)(2) of this rule, a person to attend trial;
commanded to produce and permit inspection and copying may, .
within 14 days after service of the subpoena or before the time the Court may, to protect a person subject to or affected by the
specified for compliance if such time is less than 14 days after subpoena, quash or modify the subpoena or, if the party in whose
service, serve upon the` party or attorney designated in the subpoena behalf the subpoena is issued shows a substantial need for the
written objection to inspection or copying of any or all of the testimony or material that cannot be otherwise met without undue
designated materials or of the premises. lf objection is made, the hardship and assures that the person to whom the subpoena is
_ party serving the subpoena shall not be entitled to inspect and copy addressed will be reasonably compensated, the Court may order
the materials or inspect the premises except pursuant to an order of appearance or production only upon specified conditions.
the Court by which the subpoena was issued. lf objection has been _
made, the party serving the subpoena may, upon notice to the person (dl Duties In RBSp0hdIng to Subp0BI1a.
commanded to produce, move at any time fo ran order to compel the
production. Such an order to compel production shall protect any (1) A person responding to a subpoena to produce documents
person who is not a party or an officer of a party from significant shall produce them as they are kept in the usual course of business
expense resulting from the inspection and copying commanded. or shall organize and label them to correspond with the categories in
(3)(A) On timely motion, the Court by which a subpoena was the demand.
issued 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
(ii) requires a person who is not a party or an officer of a claim that it is privileged or subject to protection as trial preparation
party to travel to a place more than 1OO miles from the place where materials, the claim shall be made expressly and shall be supported
that person resides, is employed or regularly transacts business in by a description of the nature of the documents, communications, or
person, except that, subject to the provisions of clause (c)(3)(B)(iii) of things not produced that is sufficient to enable the demanding party
this rule, such a person may in order to attend trial be commanded to to contest the
travel from any such place within the state in which the trial is held, claim.
Of
(iii) requires disclosure of privileged or other protected