Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:05-cv-00300-JJF Document 88-2 Filed 05/26/2006 Page1 of 3
EXHIBIT A

Case 1 :05-cv-00300-JJF Document 88-2 Filed 05/26/2006 Page 2 of 3
SUBPOENA IN A CIVIL CASE
CREEDON CONTROLS, INC., a Delaware ~

°°“°°"" ‘°“’ crvrr ACTION NUMBER: 05-200 (JJF)
Plaintiff, (case pending rn the United States District Court for
the Drstnct of Delaware)
v.
BANC ONE BUILDING CORPORATION, an
Illinois corporation, and FOREST ELECTRIC
CORPORATION, a New York corporation,
Defendants.
TO: Paul Brainard
2314 Sherman Avenue
Wilmington, Delaware 19804
IE YOU ARE COMMANDED to appear at the place, date and time specified below to testify in the case pending in the United
States District Court for the District of Delaware. The deposition may be recorded by sound, sound—and-visual, and/or stenographic
means.
PLACE OF DEPOSITION: ASHBY & GEDDES DATE AND TIME I
Delaware Avenue June 6, at a•m•
17"' Floor
Wilmington, Delaware 19801
C] YOU ARE COMMANDED to produce and permit inspection and copying of the documents or objects set forth in the
attached Schedule A at the lace, date and time s eciiied below.
DATE AND NME
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 behali and may set forth, for each person designated, the
matters on which the person will testify, Federal Rules of Civil Procedure, 30(b)(6).
JA.C>2~® DATE
(2;;,,4-do 'Pctl0·~c.i00 May 26, 2006
ISSUING OFFICER SIGNATURE AND TITLE (iNDrcATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
(Attomey for defendant Banc One Building Corporation)
ISSUING OFF1cER’s NAME, ADDRESS AND PHONE NUMBER
Ricardo Palacio,
Ashby & Geddes, 222 Delaware Avenue, 17m Floor, Wilmington, DE 19801, Tel: (302) 654-1888
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse)
AO 88 (Rev l/94) Subpoena in a Civil Case

Case 1 :05-cv-00300-JJ F Docu ment 88-2 Filed 05/26/2006 Page 3 of 3
PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
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 tmc and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
' ‘ resides, is employed or regularly transacts business in person, except that, subject
Rule 45’ Federal Rules ef Civil Procedure Pads C to the provisions of clause (c)(3)(B)(iii) of this nrle, such a person may in order to
& Dj attend trial be commanded to travel from any such place within the state in which
the trial is held, or
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS _ _ _ _
(nr) requires disclosure of privileged or other protected
(1) A party or an attomey responsible for the issuance and service of a matter and no exception or waiver applies, or
subpoena shall take reasonable steps to avoid imposing undue burden or expense _ _
on a person subject to that subpoena. The court on behalf of which the subpoena (W) Subleets n Person td undue bur den-
was issued shall enforce this duty and impose upon the party or attomey in breach (B) If 3 Sub oem
of this duty an appropriate sanction, which may include, but is not limited to, lost P
oannngs and reasonable anol”n°Y's foo$· (i) requires disclosure of a trade secret or other
(2)(A) A person commanded to produce and permit inspection and copying of confidential research, development, or commercial information, or
designated books, papers, documents or tangible things, or inspection of premises (jj) requires disclosurg of an unromlnod gxpgrfs Opinion or
need hot appear ih Person at the piaee ofdre Pmduetlon or inspection unless information not describing specific events or occurrences in dispute and resulting
ooniniandod to nPPoai’ for deposrtrour boating or n'ial· from the expert‘s study made not at the request of any party, or
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produee (iii) requires s prrsuh whu is hor a party or an officer ofa
and permit lnsbeenon add eoblng ma}'· wrthia 14 daY$ anoi Sbwleo ofthe party to incur substantial expense to travel more than l0O miles to attend trial, the
subpoena or before the time specified for compliance if such time is less than I4 Court may, to prompt a person subject to or affected by the subpoena, quash or
dnYS nnol Sel'Vioo· Sbwo nPon rhe PNY oi' anoi`noY desisaated ih the subpoena modify the subpoena or, if the party in whose behalf the subpoena is issued shows
Writterr ohieetioh to irtspeetioh or eopyirts of ahy or ali ofthe designated materials s substantial husu rsr the rssrrrhuhy or material that C3I'lI’I0{ be otherwise met
or ot the premises if ooieetioh is rrrades the party serving the subpoena shaii not without urrriur hardship arid assures that the psrssh to whurh the subpushs is
be entitled to inspect and copy the materials or inspect the premises except addrossod will bc reasonably compensated, rho Coun may order appearance or
pursuant to an order of the court by which the subpoena was issued, If objection protection only upon Specified oondluons
has been made, the party sewing the subpoena may, upon notice to the person
commanded to produce, move at any time for an order to compel the production. (d) DUTIES IN RESPONDING TO SUBPOENA-
Such order to compel production shall protect any person who is not a party or an .
officer of a party from significant expense resulting from the inspection and (1) A person mslmndmg to subpoena to produce documents 5.haH produce
· them as they are kept in the usual course of business or shall organize and label
copying commanded. _ _ _
them to correspond with the categories in the demand.
3AO'l `,h bh'h b ‘dhll , . . .. . ..
( X )· H umn y mmm} c coun y W lc a Su poem was Issue S a (2) When information subject to a subpoena is withheld on a claim that rt is
quash or modify the subpoena if it _ _ _ _ ____
privileged or subject to protection as trial preparation materials, the claim shall be
(i) fails to allow reasonable time for compliance; made expressly and shall be supported by a description ofthe nature of the
__ _ documents, communications, or things not produced that is sufficient to enable thc
(xr) requires a person who is not a party or an officer of a dor-nandlng party to oonlosl rho olsun
pany to travel to a place more than 100 miles from thc place where that person
169872.1