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Issued by the
UNITED STATEs DISTRICT Couizr
_ DISTRICT OF DELAWARE
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SUBPOENA IN A CIVIL CASE
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El YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below
testify in the above case.- Y; CQ
PLACE or TESTTMONY · couizrizooiyi qq 3
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DATE AND TIME Cb gg; ·
B > T
E YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of ep3sitid§gi
in the above case. \ ·‘
PLACE or DEPOSITION DATE AND TTME on in
. YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects): I
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PLACE CE;-/A9? fjtyixeg {Sag. L. n3»»iZ‘.—c·.-.,-; ij;. QF mp Up 7}}; (j&Y,g;( DATE AND TIME
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lj YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
PRENIISES DATE AND TIME
.~\ny organization not a party to this suit that is subpoenaed for the taking ofa deposition shall designate one or more ofhcers.
directors, or managing agents, or other persons who consent to testify on its behalf. and may set forth. tbr each person designated, the
matters on which the person will testily Federal Rules ol`Civil Procedure. 30(b)(6).
isscmc orricEiz·s SIGNATURE AND TtTtE (lNDlCA`l`E tr »\`l`fORNEY roii PLAINTIFF ori DEFENDANT) DATE
isstim OFFICERS NAME. ADDRESS AND PHONE NUMBER
(See Rule 45. Federal Rules ot`Civil Procedure, Parts C & D on next pager
‘ lfacuon is pending in district other than district ofissuance. state district under case number.
Case 1 :05-cv—00527-SLR Document 43-2 Filed 09/08/2006 Page 2 of 2
PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
DAQI ig if I :’Fl' EHRNBLL.
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 infomation
contained in the Proof of Service is tnte and correct.
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Executed on
DATE Sl NA I OF SERVER t
P , seat.! 73
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ADDRESS OF SERVER
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Rule 45, Federal Rules ofCivi| Procedure. Parts C & D;
tcl PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(I) A pany or an attomey responsible for the issuance and service of a irial be commanded to travel from any such place within the state in which the
subpoena shall take reasonable steps to avoid imposing undue burden or expense trial ie lucid, or
on a person subject to that subpoena. Tite court on behalfoftvhich the subpoena
was issued shall enforce this dutyand impose upon the party or attorney in breach (iii) requires disclosure ofprivtlcged or other protected matter and
oftliis dur) an appropriate sanction which may include. but ts not limited to, lost no exception or waiver applies. or
earnings and reasonable artomey`s fee. (iv) subjects a person to undue burden.
(2) IA) A person commanded to produce and permit inspection and copying (B) lfa subpoena
of designated books, papers. documents or tangible things. or inspection of
premises need notappearin person at thcplace ofproductton orinspection unless (i) requires disclosure of a trade secret or other eontidential
commanded to appear for deposition, heating or rrial. research. development, or commercial infomation, or
(ii) requires disclosure of an unrctaincd cxpert’s opinion or
(B) Subject to paragraph (d) (2) of this rule. a person commanded to information notdcscrtbing specific events oroccurrcnccs in dispute and resulting
produce and pennit inspection and copying may. within I4 days after service of from the cxpert’s study made not at the request ofany parry. or
subpoena or before the time specified for compliance ifsuch time 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 attomey designated in the subpoena incur substantial expcnsc to travel more than IOO miles to attend trial. thc court
written objection to inspection or copying ofanyor all ofthe designated materials may. to protect a person subject to or affected bythe subpoena. quash or modify
or ofthe premises. lfobjection 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 inspectand copy materials or inspect the premises except pursuant substantial need for the testimony or material that cannot be otherwise met
to an order ofthe coun by which the subpoena was issued. lfobjcctton has been without undue hardship and assures that the person to whom the subpoena is
made, the party serving the subpoena may, upon notice to the person commanded addressed will bc reasonably compensated. thc court may order appearance or
to produce. move at any time for an order to compel thc production. Such an production only upon specified conditions.
order to comply production shall protect any person who ts not a party or an .
ofhcer of a party from significant expense resulting from the inspection and td) DUTIES IN RESPONDING TO SUBPOENA.
copying commanded.
li it person responding to a subpoena to produce documents shall produce
(3) IA) On timely motion. the court by which a subpoena was issued shall them as they are kept in thc usual course of business or shall organize and label
quash or modify the subpoena if it them to correspond with the categories in the demand.
(1) fails to allow reasonable time for compliance. ·2) When information subject to ct subpoena is withheld on a claim that it is
(ii) requires a person who is not a party or an officer ofa party to pritzieged 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 ofthe nature ofthe
is cntployed or regularly transacts business in person. except that, subject tothe documents. communications, or things not produced that is sufficient to enable
provisions ofclause (c) (3) (B) (iii) ofthts rule. such a person may in order to thc demanding party to contest the claim.
auend
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