Free Subpoena - District Court of Delaware - Delaware

AO88 (Rev. I/94) Sulypoeua in a Civil Case
Case I :05-cv—00053-GIVIS Docurhe¤nt*“54 F`| 006 P 1
UNITED STATES DISTRICl1`S%9)6U(H'i2 age Of 2
FOR THE DISTRICT OF DELAWARE
RICHARD F. WHITE, IR., .
SUBPOENA IN A CIVIL CASE A
v. Case Number 05-53 GMS
FEDERAL EXPRESS CORPORATION.
TO: * Records Keeper for: BRANDYWINE PAIN MANAGEMENT, 4512 Kirkwood Highway,
Wilmington, DE 19808
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
CJ 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 I DATE AND TIME
XX 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):
*Deponent BRANDYWINE PAIN is to produce a copy ofall records in their possession concerning
patient RICHARD F. WHITE, JR. (DOB: 06/04/58) (SSN: 006-62-4504).
* NOTE: Your appearance is waived if the records are received in this office by the date of the
deposition.
PLACE DATE AND TIME
TYBOUT, REDFEARN & PELL, 750 S. Madison Street, Suite NINE
400, Wilmington, DE 19801 1_00 12, 2006
. p.m.
U YOU ARE COMMANDED to permit inspection of the following premises at the date and time
specified below.
PREMISES l DATEANDTIME
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, t atters on which the person will testify. Federal Rules
of Civil Procedure 30(b) (6).
REQUESTING PARTY'S NAME, ADDRESS AND PHONE NUMBER _ T
DAVID G. CULLEY, ESQUIRE, UT BDFEARN & PELL, 750 S. MADISON
STREET, SUITE 400, P.O. BOX 2092, ILMINGTON, DE 19899
ISSUING PARTY'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) RATE 5 ·
Attorney for Federal Express Corporation une ’
*If action is pending in district other than district of issuance, state district under case number.

Case 1 :05-cv—OOO53-GIVIS Document 54 F` ·
I PROOF OF SERVICE
SERVED DATE June 5, 2006 PEACE Brandywine Pain Management A
(2:35 p,M,) 4512 Kirkwood Highway
. Wilmington, Delaware 19808
SERVED ON (PRINT NAME) ANN rz Esmzvice -
by delivering a copy thereof to a person of
Angie Fellin suitable age and discretion then employed therein
(as records keeper) _
ssnvsp BY (PRINT NAME) TITLE ·
Jeffrey L. Butler process server
I 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. ·
._ ” · / , . /7
\. . . , . ,
Executed on June 5 , 2006 __ — / /1 /¢~ rs--.
DATE G OF · (
Leg Be l s, nc.
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
(c) Protection of Persons Subject to Subpoenas. _ ‘
(1) A party or an attorney responsible for the issuance and (iv) subjects a person to undue burden, I
service of a subpoena shall take reasonable steps to avoid imposing
undue burden or expense on a person subject to that subpoena. The (B) lf a subpoena
court on behalf of which the subpoena was issued shall enforce this (i) requires disclosure of a trade secret orother confidential
duty and impose upon the party or attorney in breach of this duty an research, development, or commercial information, or
appropriate sanction which may include, but is not limited to, lost (ii) requires disclosure of an unretained expert's opinion or
earnings and reasonable attorney's fee. ` information not describing specific events or occurrences in
(2)(A) A person commanded to produce and permit inspection dispute rand resulting from the expert‘s study made not at the
and copying of designated books, papers, documents or tangible request of any party, or (iii`) requires a person who is not a party
things or inspection of premises need not appear in person at the or an officer of a party to incur substantial expense to travel more
place of production or inspection unless commanded to appear for than 100 miles
deposition, hearing or trial. l to attend trial;
(B) Subject to paragraph (d)(2) of this rule, a person -
commanded to produce and permit inspection and copying may, the Court m6V. to protect a person subject to_or affected by the
within 14 days after service of the subpoena or before the time subpoena, quash or modify the subpoena or, if the party in whose
specified for compliance if such time is less than 14 days after behalf the subpoena is issued shows a subVstanti_al_needI.for the
service, serve upon the party or attorney designated in the subpoena testimony or material that cannot be otherwise met without undue
written objection to inspection or copying of any or all of the hardship and assures that the person to whom the subpoena is
designated materials or of the premises. lf objection is made, the addressed will be reasonably compensated, the Court may order
party serving the subpoena shall not be entitled to inspect and copy appearance or production only upon specified conditions.
the materials or inspect the premises except pursuant to an order of _ _ _ l _ I
the Court by which the subpoena was issued. lf objection has been (di DUIIBS II1 R6SpOt`IdII1g to Subpoerlai A ‘
made, the party serving the subpoena may, upon notice to the person `
commanded to produce, move at any time fo ran order to compel the (1) A person responding toga subpoena toproduce documents
production. Such an order to compel production shall protect any shall produce them as they are kept in theusual course of business
person who is not a party or an officer of a party from significant or shall organize and label them to correspond with the categories in
expense resulting from the inspection and copying commanded. the demand. ` `
(3)(A) On timely motion, the Court by which a subpoena was A
issued shall quash or modify the subpoena if it ~ ` (2) When information subject toa subpoena is withheld on a
(i) fails to allow reasonable time for compliance, claim that it is privilegedor subject to protection as trial preparation
(ii) requires a person who is not a party or an officer of a “ materials, the claim shallbe niade expressly and shalltbe supported
party to travel to a place more than 100 miles from the p_Iace where by a description of the nature ofthe documents, communications, or
that person resides, is employed or regularly transacts business in things not produced that is sufficient to enable the demanding party
person, except that, subject to the provisions of clause (c)(3)(B)(iiil of to contest the · I ` ` _` ` _
this rule, such a person may in order to attend trial be commanded to claim.
travel from any such place within the state in which the trial is held,
Of
(iii) requires disclosure of privileged or other protected
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