Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv—00527-SLR Document 43-4 Filed 09/08/2006 Page 1 of 2

Issued by the
UNITED STATES. Dtsrtucr Couar
DISTRICT OE DELAWARE ‘
· ·‘ . · —— o t?.rG¢°rLL
bm IO xm VA SUBPOENA IN A CIVIL CASE
V.
Q pd', ptl\l‘\'lJtO•*i¤Lx iV\E’OO€ EJ Al" Case Numberzif/‘g’ 52./7*.gC YQ
ro; cash'. siew _
Ti-rl2L`Lp fil DP "l"HTi€}T"·- DOLlCQ
if LQt,u°&.;, IOQ.
[I YOU ARE COMMANDED to appear in the United States District court at the place, date, and time spaifieégbelow
testify in the above case. (gg ‘-_- Q D.
PL.-\CE OF resrrmotw cotmrizoom Cnc eg-:
°“ =
DATE AND rms Eng; J -
vi ·__·:p_ r?
"· e· EET
El YOU ARE COMNIANDED to appear at the place, date, and time specihed below to testify at the taking oja gpositioii
in the above case. U)
i>LAce or DEPOSl`l`lON DATE AND rmi;
I YOU ARE CONMIANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specifi I d below (list documents or objects):
\{iOg1g ries? (pQ’}L»S’ f”I'{}i9€ fl ·2Ig· Dir CPL AA/Tl·l£‘•J5 fVi9N»Ji1'€» MG (AQ C,A{YlQ£t¥\ CA)
-~mta.tH·. C t· rvtaj »t*" meé [tr cittatnrés Q · ww eo t.·=··.>·tj»L>£» PLACEQ;/J9? 1m;)é:&..§t..·1; ¢. 1 té"x·iJ:3·..-» Co O' QP UIQ CALL DATE AND TIME
,."’.·‘°1¤Lf . k}r..»un*<3·u5)4CZ-.:
lj YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
PRENIISES DATE AND rrivte
Any organization not a party to this SUII that is subpoenaed for the taking ofa deposition shall designate one or more officers.
directors. or managing agents. or other persons who consent to testilix on its behalf. and may set forth. tor each person designated. the
matters on which the person will testify. Federal Rules ot`Civil Procedure. 30(b)t<>).
tsscmo orrtcarvs SIGNATURE AND rmi; (INDIC.-\TE tr ATTORNEY rota i>tArNrrrr oiz DtzrENDANr) DArE
isscmo orrtceizs Nrcviia. ADDRESS MD PHONE Numaraa
(See Rule 45. Federal Rules ot`Civtl Procedure. Parts C & D on next page)
‘ lfaction is pending in district other than district ofissuance, state district under case number.

Case 1 :05-cv—00527-SLR Document 43-4 Filed 09/08/2006 Page 2 of 2
PROOF OF SERVICE
DATE PLACE
SERVED K
Ci/l/97/·l;£ C L'}! EIL .]
SERVED ON (PRINT NAME) MANNER OF SERVICE
.Dgjg,iD S )g‘e·1 2 ${2-2/Sri//—?L£
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
I 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 6
DATE SIGN.`TUR OP SERVER » i..
_? .5 #/.9*1 I 3
t N O__ __.-) ( \
/l;‘·~xt·tt
ADDRESS OF SERVER
C P I A ‘/997
7L`vL-J" /
Rule 45, Federal Rules of Civil Procedure. Pans C & D:
tc) PROTECTION OF PERSONS SUBJECT TO SLVBPOENAS.
(I) .-\ party or an attorney responsible for the issuance and sen icc of a trial be commanded to travel tiom any such place within the state in which the
subpoena shall take reasonable steps to atotd imposing undue burden or expense trial is held. or
on a person subject to that subpoena. lite court on behalfofwhtch the subpoena
was issued shall enforce this duty and impose upon the partyor attorney an breach (iii) requires disclosure ofprivilcged or other protected matter and
ofthis duty an appropriate sanction which may include. but ts not limited to. lost ne exception or waiver applies. or
eamings and reasonable artorney`s fee. (iv) subjects a person to undue burden.
(2) (Al A person commanded to produce and permit inspection and copying (B) lf a subpoena
of dcsxgnated books. papers. documents or tangible things. or inspection of
premises need notappeartn person atthe place ofproduction orinspectton unless (i) requires disclosure of a trade secret or other confidential
commanded to appear for deposition, hearing or trial. research. developmentr or commercial infomation. or
(ii) requires disclosure of an unretained expcrt’s opinion or
(B) Subject to paragraph (d) (2) of this rule. a person commanded to information not describing spccihc events or occurrences in dispute and resulting
produce and permit inspection and copying may. within I4 days after service of from the expcrt’s study made not at the request of any party. or
subpoena or before the time spectned for compliance tfsueh titne is less than I4 (iii) requires a person who is not a party or an officer ofa party to
days after service. serve upon the party or attorney designated in the subpoena incur substantial expense to travel more than IOO miles to attend trial. the court
written objection to inspection orcopying ofany or all ofthe designated materials may. to protect a person subject to or affected by the subpoena. quash or modify
or ofthe premises. lfobjectton is made. the party serving the subpoena shall not the subpoena. or. if the party in who behalf the subpoena is issued shows a
be entitled to inspect and copy materials or inspect the premises except pursuant substantial need for the testimony or material that cannot be otherwise met
to an order ofthe court by which the subpoena was issued. lfobjcctton has been without undue hardship and assures that the person to whom the subpoena is
made. theparry servtngthe subpoena may. upott notice tothe person commanded addressed will be reasonably compensated. the court may order appearance or
to produce. move at any time for an order to compel the production. Such an production only upon specified conditions.
order to comply production shall protect any person who is not a party or an .
ofhcer of a party from stgntlicant expense resulting from the inspection and td) DUTIES RESPONDING TO SIJBPOENA.
COD}/lng CO|`l`Il'Tl3l'iCiCd.
Ct/X person responding to a subpoena to produce documents shall produce
(Et (A] On titttely motion. the court by which a subpoena was issued tztall them as they are kept tn the usual course of business or shall organize and label
quash or modify the subpoena ifit them to correspond with the categories in the demand.
(I) fails to allow reasonable time for compliance. (2) \Vhcn information subject to a subpoena is withheld on a claim that it is
(ti) requires a person who is not a party or an officer ofa party to privileged or subject to protection as trial preparation materials. the claim shall
travel to a place more than IOO miles from the place where that person resides, be made expressly and shall be supported by a description of the nature of the
is employed or regularly transacts business in person. except that, subject to thc docuntents. communications. or things not produced that is sufficient to enable
provisions ofclausc (c) (3) (B) (iii) ofthis rule. such a person may in order to the demanding party to contest the claim.
amend