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

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


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DATE: PLACE: `
SERVED ‘¥0l02!2(}07 61:57PM PEPPER HAEVHLTON LLP 2 LOGAN SQUARE STE 3000 "I8TI··I & ARCH ST
PHILADELPHIA PA 19103
SERVED ON: ALFRED WILCOX, ESQ. MANNER OF SERVICE: RULE 45, FEDERAL ClVi1. RULE
ACCEPTED BY: MATTHEW SULLNAN 2159814549 SERVING: SUBPOENA IN A CIVIL CASE, £.ET”¥’ER
RELATIONSHEP/TETLEI AUYHORIZED AGENT
SERVED BY TITLE
JOHN MCGUINNESS PROCESS SERVER
DECLARAWON OF SERVER

Description of Person Receiving D0cumer1t(s):
SEX: M AGE: 36—50 HESGHT: OVER 6' WEiGi-£`i“: OVER 200 LBS. SKIN: Wi—l!`l`EE HAEFQ: BROWN OTHER:
{X] To the best of my knowtedge, said person wes not engaged in the U.S. Nlliitew et the time of sewice.
E deciare under penalty of perjury under the laws oft nited States of America that the foregoing information contained in
this Certiiieef f rvice Es true and correct. _
O go
SIGNA OF JOHN MOGUENNESS
GUARANY D SUBPOENA SERVECE. INC. 5
2 O9 NEORRVS AVENUE 4
UNEON, NJ 07083 ___e. .::.... ,. _
EEXECUTED ON: ii)/O2!2007 Ot :5'?PlVi
ATTORNEY: ELEZABETH A. KENNY, ESQ.
Pi.AiNT%FF: CHARLES A. STANZEALE JF-Q ..,. .. t. . t .. . ` ‘
DEFENDANT: PEPPER HAMILTON LLP, ET AL i*”l€'3EiY’l`\¥ i`Tl.i3;5$ ‘
VENUE: DESTRicT DE NOlT!>rR\’ i¤lJl3£,i€3 Oi: NEW .iEi*2$—Q‘§EV
{DOCKET: 041551 JJF M C M V ~ . l
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Rule 45, Federal Rules of Civil Procedure, Parts C St D; except that, subject ze time provisions ef clause (c)(3)(i3)(i£i}of this rule, such e person mayin
order to attend triai be commanded to travel from any such place within the state inwhich the
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS trial is held, or
(1)A party or an attorney responsibie for the issuance and sewioe of a subpoena (iii) reqeires disclosure of privileged or other protected matter and no exception or
shall take reasonabie steps to avoid imposing undue burden or expense on a person waiver applies, or
subject to that subpoena. The court on behalt of which the subpoena was issued shalt (év) subjects a person to undue burden.
entorce this duty and impose upon the party or aztomey in breach oi this duty an
appropriate sanc1lon,wisich may include. but not limited to, lest earnings and e reasonable (B) lf a subpoena
attorneys fee. (i) requires disclosure of e trade secret or other conlidential research. .
{2)(A) A person commanded to produce and permit inspection and copying of development, or commercial information. os -
designated books, papers, documents or tangibie things, or inspection of premises need (ii} requires disclosure of an ursretained experts opinion or information not _
not appear in pezson at the place of production ox inspection unless commanded to appear describing speoiho events of occurrences in dispute and resulting from the experts study ‘
for deposition, hearing or triei. made not et the request of any party, or _
(B) Subject %¤ paragraph (d){2) of this ruie, person commanded to produce and (iii) requires a person who is not a pany or an officer of e party to incur substantial :
permit inspection and copying may, within 14 days after service of the subpoena or before expense to trevei more than 100 miles to attend trial, the court may, to protect a person 5
the time specised for compliance if such time is less thas 14 clays efier service, serve subject to or affected by the subpoena, ouas?1 or modify the subpoena or, if the party in whose
upon the party or ettomey designated ln the subpoena written objection to inspection or beheif the subpoena is issued shows e substantial? need for the testimony or material that
copying of any or all of the designated materials or of the premises. lf obiectéon is made, cannot be otherwise met without undue hardship and assure that the person to whom the
me party sewing the subpoena snail not be entitiecl lo lnspeci and copy the maiefials or subpoena is addressed will be reasonably compensated, the coun may order appearance or
inspect tise premises except pursuant to en order of the court by which the subpoena was production only upon specified conditions.
issued. li objection has been made, the pany serving the subpoena may, epon notice to
the person commanded to produce, move at any time for an order to compel the (cl} DLHIES EN RESPONDENG T0 SUBPOENA.
production. Sszch an order to compel production shell protect any person who is not e party (1} A person responding to a subpoena to produce documents shall produce them as
or an officer of e petty from ségniticant expense resulting from the inspection end copying they are kept in the usual course of business or shall organize and Iebei them to correspond
commanded. ' with the categories in the demand.
{3)(A) On timely motion, the court by which a subpoena was issued shalt quash or {2) When information subject to e subpoena is withheld on a claim Qhet it is privileged or
modify the subpoena if it subject to protection as trial preparation materlais, the claim shalt be made expressiy and
{i) fails to allow reasonable time for compliance; shell be supported by a description ofthe nature of the documents, communications, or things
{ii) requires a person who is not a party or an ofzicer of a pazty to travel to a place not produced that is sufficient to enable the demanding party to contest the claim.
more than 100 miles from the piece whze that person resides, is empioyed or regulariy
lransects business in person.