Free Notice of Service - District Court of Delaware - Delaware

Case 1:04-cv-01494-JJF Document 98-2 Filed 11/30/2006 Page 1 014
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AFFIDAVIT AND SUBPOENA

Case 1:04-cv-01494-JJF Document 98-2 Filed 11/30/2006 Page 2 of 4 J
STATE OF MINNESOTA i
, AFFIDAVIT OF SERVICE
COUNTY OF HENNEPIN
Christine Hafner, being duly sworn, on oath says: that on the 31st day of January, E
2006, at 2:10 PM (s)he served the attached Subpoena and Exhibits upon Houlihan
Lokey Howard & Zukin Financial Advisors, lnc. therein named, personally at 225 South .
6th Street, #4950, Minneapolis, County of Hennepin, State of Minnesota, by handing to A
and leaving with Luke Beltnick, Associate, a true and correct copy thereof. .
Luke Beltnick is a white male, approximately 28 years old, 150 #, 5’10" with light brown
hair.
it W
S I b d d ‘ b f S — "JV‘¢~i’¢NW¢Vvv\NVWé§ *
U SCH G an SWOITI O 9 Ore me, _ A
Fgbruary 3· 2006 A Noww Puauc-MmN&s0TA Y
/) § Mi°¤~·~~=*¤~E~¤¤¤¤J~··¤*·2°°¤ f
, Notary Public " ` · “‘ `'l‘ A ” t
Re: Magten Asset Mgmt.

Case 1 :04-cv-01494-JJ F Document 98-2 Filed 1 1/30/2006 Page 3 of 4 if
AO 88 (Rev. 7/00) Subgcna in a Civil Case
Issued by the ‘
United States District Court
DISTRICT OF MINNESOTA
MAGTEN ASSET MANAGEMENT SUBPOENA IN A CIVIL CASE - DUCES TECUM I
CORPORATION,
Plaintiff,
v. Case Number: 04-1256 (J JF )
(Case pending in the United States
PAUL HASTINGS JAN OFSKY District Court for the District of Delaware)
& WALKER LLP
Defendant. I
TO: HOULII-IAN LOKEY HOWARD & ZUKIN I
FINANCIAL ADVISORS, INC.
225 S. SDCTH STREET #4950
MINNEAPOLIS, MN ,5 5402 ; p
EI 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 or TESTIMONY couiznzoom ,
DATE AND THVIE 3
U YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in i
W the above case.* I
PLACE or DEPOSITION . DATE AND TH\/IE _ t
Metro Legal Services, Inc. FEBRUARY 13, 2006 AT 10:00 A.M.*
330 2“d Avenue South, Suite 150 L
Minnea olis, MN 55401-2217
I YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the place,
date, and time specified below (list documents or obj ects):A1l documents identified on the attached Exhibit A I
*Attend¢mce at the de osition will be waivedi the de onent roduces the re uested documents be are Februa 13, 2006. E
PLACE - DATE AND TIME K
Metro Legal Services, Inc. FEBRUARY 13, 2006 AT 10:00 A.M.* 0
330 2“" Avenue South, Suite 150 Y
Minnea olis, MN 55401-2217 · ·
E! YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES I DATE AND TIME ’
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, I
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, p
the matters on which the erson will testi . Federal Rules of Civil Procedure, 30 b 6 .
pOIF1'I;§CER’¤NATURF T5.}; NDIQATE rr ATTORNEY Fon PLAINTIFF OR DATE
/s/ David A. Jenkins ( o. 932) January 27, 2006
Attorney for Defendant
isspmc OFFICER’S NAME, ADDRESS AND PHONE NUMBER _
Smith, Katzenstem & Furlow LLP, 800 Delaware Avenue, P.O. Box 410, Wilmington, DE 19899
(302) 652-8400 ‘
cc: Magten Litigation Service List

Case 1 :04-cv-01494-JJ F Docu ment 98-2 Filed 1 1/30/2006 Page 4 of 4 ?
` (See Rule 45, Federal Rulw of Civil Procedure, Parts C&D on next page) _
PROOF OF SERVICE
SERVED s
DATE PLACE
SERVED ON (PRINT NAME) MANNER OF SERVICE j
SERVED BY (PRINT NAME) TITLE r
DECLARATION OF SERVER `
I declare tmder penalty of perjury under the laws of the United States of America that the foregoing I
information contained in the Proof of Service is true and correct.
Executed on j`
DATE SIGNATURE OF SERVER or
ADDRESS OF SERVER “
Rule 45, Federal Rules of Civil Procedure, Parts C & D: ·
ii (i) requires disclosure of a trade secret or other confidential research, ·
(c) Protection of Persons Subject to Subpoenaé. d€"°r°l’rn°nr= Or connnnrnral rnr°rm”n°“= or _ _ _ _ _ ·
(ii) requires disclosure of an unretamed expert's opinion or infomation
(1) A pany or an attomey responsible for the issuance and sewice of a subpoena not describing specitic events or occurrences in dispute and resulting from the
shall take reasonable steps to avoid imposing undue burden or expense on a person subject expert's study made not at the request of any party, or _
to that subpoena. The court on behalf of which the subpoena was issued shall enforce this (iii) requires a person who is not a party or an ofiicer of a party to incur `
duty and impose upon the party or attomey in breach of this duty an appropriate sanction substantial expense to travel more than 100 miles to attend trial, the court may, to
which may include, but is not limited to, lost eamings and reasonable attomey's fee. protect a person subject to or affected by the subpoena, quash or modify the
subpoena, or, if the party in whose behalf the subpoena is issued shows a substantial
(2)(A) A person commanded to produce and permit inspection and copying of designated need for the testimony or material that cannot be otherwise met without undue
books, papers, documents or tangible things, or inspection of premises need not appear in hardship and assures that the person to whom the subpoena is addressed will be
person at the place of production or inspection unless commanded to appear for deposition, reasonably compensated, the court may order appearance or production only upon
healing Of trial. · specified conditions. .1
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and (rl) Duties in Responding to subpoena.
permit inspection and copying may, within 14 days after service of subpoena or before the
time specified for compliance if such time is less than 14 days after service, serve upon the (l) A person rospondgng to u subpggna to producc documcms shall .
pony or onoinoy dcsignotcd in tho snbpocna wrincn obicction to inspccticn or copying of produce them as they are kept inthe usuai course ofbusiness or shan organize and r
any or all of the designated materials or of the premises. If`objection is made, the pany label tnon-r to oorrospond Wnn the categories in rho domand
sewing the subpoena shall not be entitled to inspect and copy materials or inspect the .
premises except pursuant to an order of the court by which the subpoena was issued. If (2) when rnfonnnnon subject to u subpocns is withheld on s claim that
obiccnon nas bccn rn*’·do· tno Pony sowing tno snnlooona maY· npon noticc to tno Poison it is privileged or subject to protection as trial preparation materials, the claim shall
commanded to produce, move at any time for an order to compel the production. Such an be made expressly and shall be supportod by 3 doscrlprlon of thc nsnn-c of the
Order to compel production snnn Protect any Porson who is not n Paw or nn ornoor cfo Parry documents, communications, or things not produced that is sufficient to enable the
from significant expense resulting from the inspection and copying commanded. demanding party to contest tl-lo olnnn
(3)(A) On timely motion, the court by which a subpoena was issued shall quash or ·
modify the subpoena if it
(i) fails to allow reasonable time for compliance, A
(ii) requires a person who is not a party or an officer of a party to travel to a
place more than 100 miles from the place where that person resides, is employed or regularly
transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of
this rule, such a person may in order to attend trial be commanded to travel from any such
place with the state in which the trial is held, or ·
(iii) requires disclosure ofpiivileged or other protected matter and no exception
or waiver applies, or _
(iv) subjects a person to undue burden. r
10010649.WPD ‘