Free Notice of Service - District Court of Delaware - Delaware


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Date: November 30, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-01494-JJF Document 97-2 Filed 11/30/2006 Page 1 014 1
l TAB 1
AFFIDAVIT AND SUBPOENA A

Case 1:04-cv-01494-JJF Document 97-2 Filed 11/30/2006 Page 2 of 4
STATE OF MINNESOTA ·
AFFIDAVIT OF SERVICE
COUNTY OF HENNEPIN
Eric Lappegard, being duly sworn, on oath says: that on the 315* day of January, 2006, i
at 2:11 PM (s)he served the attached Subpoena and Exhbits upon Deloitte & Touche,
LLP therein named, personally at 120 South 6"` Street, #400, Minneapolis, County of
Hennepin, State of Minnesota, by handing to and leaving with Patrick Prunty, Partner, a P
true and correct copy thereof.
Patrick Prunty. is_ a whitegljnale, approximately 55 years old, 180 #, with gray hair. '
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Subscribed and sworn to before me, I
F bruary 3 2006;. - 5 V GSE BATSELL
’ ‘ M ‘ ‘ / @TAf¥YPUBL|C·MlNNESOTA f
J DA ’ · L ·_ tm; Gummlssnm EXQITQSNIBN. 31.2010
if Re: Magten Asset Mgmt.

Case 1 :04-cv-01494-JJ F Document 97-2 Filed 1 1/30/2006 Page 3 of 4
AO 88 (Rev. 7/00) Subpoena in a Civil Case
_ Issued by the
United States District Court (
DISTRICT OF MINNESOTA
MAGTEN ASSET MANAGEMENT I SUBPOENA IN A CIVIL CASE - DUCES T ECUM
CORPORATION,
Plaintiff,
v. Case Number: 04-1256 (J JF)
(Case pending in the United States
PAUL HASTINGS J AN OFSKY District Court for the District of Delaware)
& WALKER LLP ·
Defendant. A
TO: DELOITTE & TOUCHE LLP
120 SOUTH 6TH STREET 1
SUITE 400 l
MINNEAPOLIS, MN 55402 1
El YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify Q
in the above case. A
PLACE op TESTIMONY COURTROOM g
DATE AND TTME _
U YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in A
5 the above case.*
PLACE OF DEi>oS1T1oN . _ DATE AND Tl]\/[E
Metro Legal Services, Inc. FEBRUARY 13, 2006 AT 10:00 A.M.* g
330 2“d Avenue South, Suite 150
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 objects):All documents identified on the attached Exhibit A »
*Attendance at the de 0siti0n will be waived i the de anent raduces the re uested documents be ore Februu 13, 2006.
PLACE · DATE AND TINIE
Metro Legal Services, Inc. FEBRUARY 13, 2006 AT 10:00 A.M.* .
330 2"d Avenue South, Suite 150 I
Minneapolis, MN 5 5401-2217 *
El YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. 7
PREMTSES I DATE AND TIME S
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, pi
directors, or managing agents, or other persons who consent to testify on its behalf; and may set forth, for each person designated, A
the matters on which the erson will testi . Federal Rules of Civil Procedure, 30 b 6 . A
ISSUING OFFICEEK i2NATURE T LE ICATE IF ATTORNEY FOR PLAINTIFF on DATE
DEEENDANT) °
/s/ David A. Jenkins (1])%. 932) January 27, 2006
Attorney for Defendant
ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER _ _
Smith, Katzenstein & Furlow LLP, 800 Delaware Avenue, P.O. Box 410, Wilmington, DE 19899
(302) 652-8400
cc: Magten Litigation Service List » 1

Case 1 :04-cv-01494-JJ F Docu ment 97-2 Filed 1 1/30/2006 Page 4 of 4
· (See Rule 45, Federal Rules of Civil Procedure, Pans C&D on next page)
PROOF OF SERVICE
SERVED . ~
DATE PLACE
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE .
DECLARATION OF SERVER °
I declare under penalty of perjury under the laws of the United States of America that the foregoing e
information contained in the Proof of Service is true and correct. (
Executed on Q
DATE SIGNATURE OF SERVER `
ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
at (i) requires disclosure of a trade secret or other confidential research,
(c) Protection of Persons Subject to Subpoenaé. d·=v<·=1¤¤¤¤¤¤¤t»_<¤ ¤<>¤¤7¤¤¤r9l¤1¤¤f¤rm¤*1¤¤» or _ _ _ _ _
(11) requires disclosure of an unretamed expe1t's opinion or information
(1) A party or an attomey responsible for the issuance and service of a subpoena not describing specific events or occurrences in dispute and resulting from the
shall take reasonable steps to avoid imposing undue burden or expense on a person subject experts study made not at the request of any party, or
to that subpoena. The coun on behalf of which the subpoena was issued shall enforce this (iii) requires aperson who is not a party or an officer 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 1·niles 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 pennit 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
hearing or trial. , specified conditions. .
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and (rj) Duties in Responding to Snbpnena,
permit inspection and copying may, within 14 days after service of subpoena or before the t
time specified for compliance if such time is less than 14 days after service, serve upon the (1) A persop responding to u subpoepu to produce doeumeuts shall _
party or attorney designated in the subpoena Written objccnon ro rnspccnon or copying of produce them as they are kept in the usual course of business or shall organize and 5
any or all of the designated materials or of the premises. If objection is made, the party label them to eorresporrd with the eutegorres ru the demand
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. lf (2) wher, infonnation subject to o subpoepais withheld on eetaimthar
oblccnon nas bccn made rnc party Scrvrng rnc Subpocno mcY· upon notice to thc Pcrson 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 bc made expressly and shall bc supported by a desedpuou gf the nature ofthe
order to ¤¤mv¤11¤¤>d¤<>ti<>¤ Shall Prorccr MY Porson whv is not c Parry or an ornccr ora WHY documents, communications, or things not produced that is sufficient to enable the
nom significant expense resulting from the inspection and copying commanded. demepdrpg party to contest the clainm
(3)(A) On timely motion, the court by which a subpoena was issued shall quash or U
modify the subpoena if it
(i) fails to allow reasonable time for compliance,
(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 of privileged or other protected matter and no exception
or waiver applies, or
(iv) subjects a person to undue burden.
10010652.WPD ~