Free Notice (Other) - District Court of Delaware - Delaware

Case 1:04-cv-01551-JJF Document 386-5 Filed 10/16/2007 Page1 of 2
EXHIBIT D

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DATE: PLACE: f'
SERVED 10/02l2007’ 01:58PM PEPPER §~lAMIL`¥ON LLP 2 LOGAN SQUARE STE 3000 18TH & ARCH
STREETS PHILADELPHIA PA 19103
SERVED ON: MARIA DECARL0 it/IANNER OF SERVICE: RULE 45, FEDERAL CIVIL RULE
ACCEPTED BY: MATTHEW SULLIVAN 2159814549 SERVING: SUBPOENA IN A CWIL CASE, LETTER
RELAUONSHEPFFETLE: AUTHORIZED AGENT
SERVED BY TITLE
JOHN MCGGINNESS PROCESS SERVER
DECLARATION OF SERVER

Description of Person Receiving D0cument(s):
SEX: NE AGE: 36—50 l—lHlG§-F1": OVER 6' WEIGHT: OVER 200 LBS. SKlN1VVi-liTE HAER: BROWN OTHER:
[X} To the best of my knowledge, said person was not engaged in the U.S. Military at the time of service.
I declare under penalty of perjury under the laws of the United S _ es of America that the foregoing information contained in
this Certification of Serv` is true and correct.
SEGNATURE OF HN CGLHNNESS 60 ’
GUARANTEED SU OENA SERVICE, iNC. ‘ _
2009 MO RIS AVENUE . .
UNION, NJ 07083 y .-
EXECUTED ON: 'iO!U2/2007 Ol :58PNl f 4 —-~ ~·P—
Arroenevz euzneern A. Kenny, eso. is » _ , @3%, ‘
PLAENTQFF: CHARLES A. STANZIALEE JR NG·T;i_gi,i=,* i}lljEl£,il.T» Qi mimi rg _ ·
EDEFENDANT: PEPPER HAMILTON LLP, ET AE. M Ggpmiliwmn lfgyqplros tltlliti QM 2011
VENUE: DESTRICT DE Y ‘ Y
DOCKET: 04 1551 JJF
FEE: $0.00
-
Ruta 45, Federal Rules of Civil Procedure, Pans C & D: except that. subject to the provisions of ciause (c)(3)(B)(i%i) of this rule, such a pezson may in .
order to attend trial be commanded io travel from any such place within the state inwhich the
(c) PROT§CTlON O? PERSONS SUBJECT TO SUBPOENAS lsial is held, or
(1) A party or an attorney responsible for the issuance and service of a subpoena (Bi) requires disclosure of privileged or other protected matter and no exception or
shall take reasonable steps to avoid imposing undue burden or expense on a person waiver appiies. or
subject to that subpoena. The court on belsali of which the subpoena was issued shaii (iv) sub§ects a person to undue burden.
enforce this duty and impose upon the party or attorney in breach of this duly an
appropriate sanction, which may include, but not limited to, lost earnings and a reasonable (B) li a subpoena
attorneys fee. (i) requires disclosure of a trade secret or other conlidentlai sesearch.
(2}(A} A person commanded to produce and permit inspection and copying of development, or commercial information, or
designated books, papers, documents or tangible things, or inspection of premises need (ii) requires disclosure of an unretained experts opinion or information not
not appear in person at the place of production or inspection unless commanded to appear describing specific events of occurrences ln dispute and resulting from the experts study
for deposition, hearing or trial. made not at the request of any party, or
(B) Subject to pazagraph (ct)(2) of this rule. person commanded to produce and (iii) requires a person who ls not a party or an ofticer of a party to incur substantial
permit inspection and copying may, within 14 days after service ofthe subpoena or before expense to travel more ihan 100 miles to attend triai, the court may. lo protect a person
the time specified for compliance ii such time is less than 14 days after service, serve subject lo or affected by the subpoena, quash or modify the subpoena or, it toe party in whose
upon the party or attorney designated in the subpoena written objection to inspection or be§1a|§ the subpoena is issued shows a substantial need for th testimony or material that
copying of any or ali of the designated materials or of the premises. lf objection is made, cannot be otherwise met without undue hardship and assure that the person to whom toe
the party sewing the subpoena shall not be entitled to inspect and copy the materiais or subpoena is addressed will be reasonably compensated, the court may order appearance or
inspect the promises except pursuant to an order of the court by which the subpoena was production only upon specified conditions.
issued. lf obiection has been made, the party serving the subpoena may, upon notice to
the person commanded to produce, move at any time for an order to compel the (d) DUTEES SN RES?ONUlNG TO SUBPOENA.
production. Such an order to compel production shali protect any person who ls not a party {1) A person responding to a subpoena to produce documents shall produce them as
or an ofiicer of a party from significant expense resulting from the inspection and copying they are kept in the usoal course of business or shall organize and iabei them to correspond
commanded. with the categories in the demand.
(3)(A) On timely motion, the court by which a subpoena was issued shali quash or (2) When information subject to a subpoena is wéthheéd on a claim that It is privileged or
modify the subpoena if it subiect to protection as trial preparation materials, the claim shall be made expressly and
(i} fails to allow reasonabie time for compliance; shail oe supported by a descriptéon of the nature of the documents, communications, or things
(ii) requires a pesson who is not a party or an ofticer of a party to travei to a place not produced that is suéllcéent to enable the demanding party to contest the claim.
more than 100 miles from the place whese that person resides, is empioyed or regularly
transacls business in person,
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