Free Subpoena Returned Executed - District Court of Delaware - Delaware

» Case 1:04-cv-01374-SLR Document 41 Filed 07/27/2005 Page 1 of 3
AG‘88(Rev. 1/94) Subpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
PAMELA GRAEBER,
SUBPOENA IN A CIVIL CASE
V.
CASE NUMBER: 04-1374
MOTHERS WORK, INC.,
TO: Wawa, Inc.
Attn: Custodian of Records
c/o The Corporate Trust Company
1209 Orange Street
Wilmington, DE 19801 ·
|:| 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 OF TESTlMONY I COURTROOM
DATE AND TIME
|:| 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.

Q YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
See Attachment A
PLACE DATE AND TIME
Mcfiarter & English August 5, 2005 at 10:00 a.m.
919 North Market Street, Suite 1800
P.O. Box 111
Wilmington, DE 19899
Attn: Michael P. Kell , Es uire .;
|:| YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below

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
erson’ i nated, the matters on which the erson will testif . Federal Rules of Civil Procedure, 30 b 6
ISSUING OFFI ER SIGNATUR; ND ' · NDICATE lF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE
if ‘ ‘ G ns: L OQQL . ’ n 7 [J; OV
ISSUING OFFlCER'S NAME, ADDRESS AND HONE NUMBER
Michael P. Kelly A
McCarter & English
P.O. Box 111 T
Wilmington, DE 19899 j
302) 984-6300 ,
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse) i
1If action is pending in district other than district of Issuance, state district under case number. A

* .;.é 9*. ! t A r B !e.,··e· A te! Q!. ',·•· •
. PROOF OF SERVICE
SERVED DATE I PLACE
Wawa, Inc. 7/20/2005 @ c/o Corporation Trust Co., 1209 Orange
2:35 .m. Street, Wilmin ton, DE 19801
Served on (Print Name) Manner
Brian Penrod section head process
Served by (Print Name) Title
Michael T. O'Rourke Special Process Sewer
DECLARATION OF SERVER
l declare under penalty of perjury under the laws ofthe State of Delaware that the foregoing information
contained in the Proof of Service is true and correct.
Executed on 7/21/2005 '
Date Signature of Server
P.O. Box 368 —
Wilmington, DE 19899-0368
Address of Server

” Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) Protection of Persons Subject to Subpoenas. this rule, such a person may in order to attend trial be commanded
to travel from any such place within the state in which the trial is
(1) A party or an attorney responsible for the issuance and service held ;
of a subpoena shall take reasonable steps to avoid imposing undue (iii) requires disclosure of privileged or other protected
burden or expense on a person subject to that subpoena. The matter and no exception or waiver applies, or
Court on behalf of which the subpoena was issued shall enforce (iv) subjects a person to undue burden.
this duty and impose upon the party or attorney in breach of this
duty an appropriate sanction, which may include, but is not
limited to, lest earnings and a reasonable attorney’s fee. (B) If a subpoena
(2)(A) A person commanded to produce and permit inspection and (i) requires disclosure of a trade secret or other confidential
. copying of designated books, papers, documents or tangible things research, development, or commercial information, or:
or inspection of premises need not appear in person at the place of (ii) requires disclosure of an unretained expert’s opinion or
production or inspection unless commanded to appear for information not describing specific events or occurrences in
deposition, hearing or trial. dispute and resulting from the expert’s study made not at the
request of any party; or
(B) Subject to paragraph (d)(2) of this rule, a person commanded to (iii) requires a person who is not a party or an officer of` a party
produce and permit inspection and copying may, within 14 days to incur substantial expense to travel more than 100 miles to
after service of the subpoena or before the time specified for attend trial, the court may, to protect a person subject to or
compliance if such time is less than 14 days after service, serve affected by the subpoena, quash or modify the subpoena or, if the
upon the party or attorney designated in the subpoena written party in whose behalf the subpoena is issued shows a substantial
objection to inspection or copying of any or all of the designated need for the testimony or material that cannot be otherwise met
materials or of the premises. If objection is made, the party without undue hardship and assures that the person to whom the
serving the subpoena shall not be entitled to inspect and copy the subpoena is addressed will be reasonably compensated, the court
materials or inspect the except pursuant to an order of the Court. may order appearance or production only upon specified .
If objection has been made, the party serving the subpoena may, conditions.
upon notice to the person commanded to produce, move at any
time for an order to compel the production. Such an order to (d) Duties In Responding to Subpoena.
compel production shall protect any person who is not a party or
an officer of a party from significant expense resulting from the (1) A person responding to a subpoena to produce documents shall
Inspection and copying commanded. produce them as they are kept in the usual course of business or
shall organize and label them to correspond with the categories in
(3)(A) On timely motion, the court by which a subpoena was issued the demand.
shall quash or modify the subpoena if it::
(i) fails to allow reasonable time for compliance, (2) When information subject to a subpoena is withheld on a claim
(ii) requires a person who is not a party or an office of a party that it is privileged or subject to protection as trial preparation
to travel to a place more than 100 miles from the place where that materials, the claim shall be made expressly and shall be supported
person resides, is employed or regularly transacts business in by a description of the nature of the documents, communications,
Person, except that subject to the provision of clause (c)(3)(B)(iii) of or things not produced that is sufficient to enable the demanding
party to contest the claim.

· Case 1 :04-cv-01374-SLR Document 41 Filed 07/27/2005 Page 3 of 3
ATTACHMENT A
DEFINITIONS
l. The terms "document" or "documents" means any written, recorded, electronic,
filmed, or graphic matter, whether produced, reproduced, or on paper, cards, tapes, film,
electronic facsimile, email, computer storage devices or any other media, including but not
limited to memoranda, notes, minutes, records, photographs, correspondence, telegrams,
bookkeeping entries, financial statements, tax returns, checks, check stubs, reports, studies,
responses to questionnaires, charts, graphs, statements, notebooks, handwritten notes,
applications, agreements, books, pamphlets, periodicals, appointment calendars, notes, diaries,
records and recordings of oral conversations, work papers, and also including but not limited to,
originals and all copies which are different in any way from the original whether by
interlineation, receipt stamp, notation, indication of copies sent or received, or otherwise, and
drafts, which are in the possession, custody or control of you, your present or former agents,
representatives, or attorneys, or any and all persons acting on your behalf including documents at
any time in the possession, custody or control of such individuals or entities or known by you to
exist.
2. The term "conceming" means relating to, referring to, describing, evidencing, or
constituting.
DOCUMENTS TO BE PRODUCED
l. Any and all documents conceming the employment of Pamela Graeber
("Graeber") [SSN#l80-36-2179], including, but not limited to, resumes, job applications,
interview notes, correspondence conceming employment or prospective employment, records
concerning communications with Graeber’s former employers or other references, requests for
references from any prospective employer of Graeber, sales performance records, performance
evaluations, disciplinary notices, termination or resignation notices, payroll records, benefits
information and/or any other personnel documents.