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

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Date: June 30, 2006
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Category: District Court of Delaware
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Case 1:05-cv-00037-SLR Document 81 Filed 08/16/2006 Page 1 of 2
AO88 (Delaware Rev. 7/00) Subpoena in a Civil Case
Issued by the
Thomas Carroll, et al.
Case Number? 05-037 SLR
TO: Delaware Correctional Center
1 181 Paddock Road, Smyrna, DE 19977
% Correctional Medical Services
1201 College Park Drive, Ste 101, Dover, DE 19904 [302-383-6449]
lj YOU ARE COMMANDED to appear in the United State District court at the place, date, and time specified below to
testify in the above case.
PLACE or TESTIMONY Couaraoorvi
[I 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.
I YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below: A copy of any and all medical records, fact sheets, discharge summary history,
physical examination, physician’s(s’) notes, consultations, operations, pathology reports, emergency room reports, clinical
laboratory ECG and MRI reports, CT scan reports, x-ray reports, physician’s(s’) orders, physical therapy records,
specifically including those records maintained by First Correctional Medical and any other information in your
possession concerning: Harry Samuel SBI # 201360
PLACE McCullough & McKenty DATE AND TIME
1225 N. King Street, Suite 1100 June 14, 2006 at 2:00 p.m.
Wilmin on. DE 19899
D YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
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).
/s/ Dana Spring Monzo, Esquire May 31, 2006
Dana Spring Monzo, Esquire,
McCullough & McKenty, 1225 N. King Street, Suite 1100, P.O. Box 397, Wilmington, DE 19899, Attorneys for Defendant FCM (302) 655-6749

(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)
‘. lf action is pending in district other than district of issuance, state district under case number.

I case 1:05-cv-00037-SLR PH!B&1?¤Q¤F§1ERVI€&0e/1 6/2006 Page 2 or 2
Correctional Medical Center 6/2/2006 @ 1201 College Park Drive, Suite 101,
10:01 a.m. Dover, DE 19904
Served on (Print Name) Manner
Robert Hooper manager
Served by (Print Name) Title
David W. Phillips Special Process Server
I declare under penalty of peij ury under the laws of the State of Delaware that the foregoing information
contained in the Proof of Service is true and correct.
Executed on 6/13/2006 W W ` l
Date Signature of Serve:
P.O. Box 368
Wilmington, DE 19899-0368
Address of Server

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) Protection of Persons Subject to Subpoenas. this rule, such a person may in order to attend trial be commanded
to travel from any such place within the state in which the trial is
(1) A party or an attorney responsible for the issuance and service held ;
of a subpoena shall take reasonable steps to avoid imposing undue (iii) requires disclosure of privileged or other protected
burden or expense on a person subject to that subpoena. The matter and no exception or waiver applies, or
Court on behalf of which the subpoena was issued shall enforce (iv) subjects a person to undue burden.
this duty and impose upon the party or attorney in breach of this
duty an appropriate sanction, which may include, but is not
limited to, lest earnings and a reasonable attorney’s fee. (B) If a subpoena
(2)(A) A person commanded to produce and permit inspection and (i) requires disclosure of a trade secret or other confidential
copying of designated books, papers, documents or tangible things research, development, or commercial information, or:
or inspection of premises need not appear in person at the place of (ii) requires disclosure of an unretained expert’s opinion or
production or inspection unless commanded to appear for information not describing specific events or occurrences in
deposition, hearing or trial. dispute and resulting 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 (iii) requires a person who is not a party or an officer ofa party
produce and permit inspection and copying may, within 14 days to incur substantial expense to travel more than 100 miles to
after service of the subpoena or before the time specified for attend trial, the court may, to protect a person subject to or
compliance if such time is less than 14 days after service, serve affected by the subpoena, quash or modify the subpoena or, if the
upon the party or attorney designated in the subpoena written party in whose behalf the subpoena is issued shows a substantial
objection to inspection or copying of any or all of the designated need for the testimony or material that cannot be otherwise met
materials or of the premises. If objection is made, the party without undue hardship and assures that the person to whom the
serving the subpoena shall not be entitled to inspect and copy the subpoena is addressed will be reasonably compensated, the court
materials or inspect the except pursuant to an order of the Court. may order appearance or production only upon specified
If objection has been made, the party serving the subpoena may, conditions.
upon notice to the person commanded to produce, move at any
time for an order to compel the production. Such an order to (d) Duties InResponding to Subpoena.
compel production shall protect any person who is not a party or
an officer of a party from significant expense resulting from the (1) A person responding to a subpoena to produce documents shall
Inspection and copying commanded. produce them as they are kept in the usual course of business or
shall organize and label them to correspond with the categories in
(3)(A) On timely motion, the court by which a subpoena was issued the demand.
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 claim
(ii) requires a person who is not a party or an office of a party that it is privileged or subject to protection as trial preparation
to travel to a place more than 100 miles from the place where that materials, the claim shall be made expressly and shall be supported
person resides, is employed or regularly transacts business in by a description of the nature of the documents, communications,
Person, except that subject to the provision of clause (c)(3)(B)(iii) of or things not produced that is sufficient to enable the demanding
party to contest the claim.