Free Notice of Service - District Court of Delaware - Delaware

Case 1:04-cv-01494-JJF Document 96-2 Filed 11/30/2006 Page1 014
TAB 1
AFFIDAVIT AND SUBPOENA

Case 1:04-cv-01494-JJF Document 96-2 Filed 11/30/2006 Page 2 of 4 ‘
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
CASE NO. 04-1256
AFFIDAVIT OF SPECIAL PROCESS SERVER
Jimmy Moore, being first duly sworn on oath deposes and says that he served »
process in the above mentioned cause.
That he served the within:
( ) Summons & Complaint
( ) Citation to Discover Assets
( ) Rule to Show Cause
‘ ( X) Subpoena
( ) Other: ~
1. ( ) By leaving a copy with the named party, ------- personally on ------- .
2. ( ) On the within named party, ------- , by leaving a copy with ------- , ------- ,
who states that they are a member of the household on ------- , and informed that
person of the contents thereof, and that further he mailed a copy of same in a
sealed envelope with postage prepaid addressed to the party on ------- .
3. ( X) On the within party, Arthur Anderson LLP by leaving a copy with
Kristine Rybarski, Administrative Assistant and Authorized Person, on
February 6, 2006, and informed that person of the contents thereof. _
4. (X) That the sex, race and approximate age of the person with whom he
left the documents were as follows:
SEX: Female RACE: Caucasian APPROXIMATE AGE: 40-
45 l
5. ( X) That the place where and the time of day when the documents were
served were as follows:
PLACE: 33 W Monroe St., Chicago, IL 60603
TIME OF DAY: 12:30 PM
6. ( ) That he was unable to serve the within named party ------- located at -
------ for the reason: -—-----
\
Signed and Sworn to before me _
This 7"" day of February 2006. .
t' J ' . I im oore . b
: Spe ia Process erv
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_ . ` __ Case 1 :04-cv-01494-JJF Document 96-2 Filed 1 1/30/2006 Page 3 of 4
AO 88 (Rev. 7.·'00) Su%cua in :1 Cixil Case
Issued by the
United States District Court
NORTHERN DISTRICT OF ILLINOIS
MAGTEN ASSET MANAGEMENT SUBPOENA IN A CIVIL CASE — DUCES TEC UM
CORPORATION,
Plaintiff,
v. Case Number: 04-1256 (UF)
(Case pending in the United States
PAUL HASTIN GS J ANOFSKY District Court for the District of Delaware)
& WALKER LLP
Defendant.
TO: ARTHUR ANDERSEN LLP
33 W. MONROE STREET
CHICAGO, H. 60603
El 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.
mics or rssnnow couanzoon
mm Ann mn;
E1 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.*
mace or ¤m=osmon one AND rims
It’s Your Serve FEBRUARY 23, 2006 AT 10:00 A.M.*
134 N. Lasalle Street
Suite 1200
Chica o, [L 60602
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):AlI documents identified on the attached Exhibit A
*Attendance at the de ositian will be waived i the de aneut roduces the re uested documents be are Februa 23, 2006.
mics mm Ann time
It’s Your Serve FEBRUARY 23, 2006 AT 10:00 A.M.*
134 N. Lasalle Street
Suite 1200
Chica 0, IL 60602
El YOU ARE COMMANDED to ermit ins ection of the followin remises at the date and time s ecified below.
premises I DATE Ann rms
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 erson will testi . Federal Rules of Civil Procedure. 30 b)(6).
issumo omca · manu E D nts uicpma ir mromssv ron ptsmrtrr oa DATE
osssnuann
/s/ David Jenkins (l&o. 932) Febmary 3, 2006
Attorney for Defendant
isspmc omcnrs NAME, Anmzuss Asn pr-ions NUMBER _ _
Smith, Katzenstein & 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-JJF Document 96-2 Filed 11/30/2006 Page 4 of 4
(See Rule 45, Federal Rules ofCivil Procedure, Parts C&D on next page)
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
infomation contained in the Proof of Service is true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(i) requires disclosure of a trade secret or other confidential research,
(c) Protection of Persons Subject to Subpoenas. d°"Bl“pm°n€·_°r cornlncrnlal lnfonnancm Ur _ _ _ _ _ _
(n) requires disclosure of an unretamed expert s opinion or mfonnation
(I) A party or an attorney responsible for the issuance and sewice of a subpoena not describing specific events or occurrences in dispute and resulting liom the
shall take reasonable steps to avoid imposing undue burden or expense on a person subject expcrt’s study made not at the request of any party, or
to that subpoena. The coun on behalf ofwhich the subpoena was issued shall enforce this (iii) requires aperson who is not a party or an officer ofa partyto incur
duty and impose upon the party or attorney in breach of this duty an appropriate sanction substantial expense to travel more than IUO miles to attend trial, the court may, to
which may include, but is not limited to, lost earnings 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 behal fthe 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 ot`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 (nj Duties in Responding to Subpoonn,
permit inspection and copying may, within I4 days after service of subpoena or before the
time specified for compliance if such time is lessthan I4 days after service, serve upon the (1) A norson responding to u subpoena ro produce doournorus sbnn
Pan? o" nnon'l°Y designated ln tno subpoena Wflnon ¤bJ¤¤ti¤¤ ln lnonoonnn o" Coplnng of produce them as they are kept inthe usual course of business or shall organize and
any or all ofthe designated materials or of the premises. lf objection is made, the party label them ro correspond with rho categcrigs in {hg demand.
serving the subpoena shall not be entitled to inspect and copy materials or inspect the
premises except pursuant to an order ofthe court by which the subpoena was issued. lf (2) W]1€ningjrrnationsubjcctioa subpoena is withhold on a clajmthat
onlnonon has noon meds. l-nn PEITY sowing [nn Snbnoonn n"nY» upon nonco lo inc 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 rnndo oxnrsssry and shall be supported by rr description ofthe nature of the
(noo" lo Conlon] Produonon Shan Protect nnY Poison Wno is not a Pony or an omoor ofn Pan? documents, communications, or things not produced that is sufficient to enable the
from significant expense resulting from the inspection and copying commanded. oomundgng party to contest rho bran-n_
(3)(A) On timely motion, the court by which a subpoena was issued shall quash or
modify the subpoena ifit
(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 tnal 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.
I OOl0897.WI’D