EASTERN DISTRICT OF NEW YORK
In re ALH Holdings, LLC
Consol. C.A. No. 04-1339-SLR SUBPOENA IN A CIVIL CASE
T0; Imc M- N°“b°'g°I Civil Action No. 04-1339 (SLR)
One South Street (D. DEL.)
27th Floor
Baltimore, Maryland 21202
I] YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to
testi in the above case.
PLACE or TESTIMONY CouRTRooM
DATE AND TIIVIE
E YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking ofa
de osition in the above case:
PLACE or DEPOSITION A DATE AND TIME
Neuberger, Quinn, Gielen, Rubin & Gibber, P.A.
One South Street
27th Floor March 13, 2007 at 9:00am
Baltimore, Maryland 21202
lj YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at
the lace, date, and time s ecified below (list documents or ob'ects):
PLACE DATE AND TIME
CI YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREM1sEs 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, 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 person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE rr ATTORNEY r=oR I DATE
PLA li u I ~· ··.•· » T) DEFENDANT `
/
Att o laintiff March 9, 2007
Issurrvc OFFICER°S NAME, ADDRESS AND PHONE NUMBER TELEPHONE
Samuel T. Hirzel (#4415) (302) 658-9200
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 North Market Street, P.O. Box 1347
Wilmington, DE 19899
538482
Case 1 :04-cV-01339-SLR Document 134-2 Filed O3/O9/2007 Page 2 of 2
. · PROOFOF SERVICE 4 —
DATE PLACE
snnvnb Date Place
SERVED ON (PRINT NAME) MANNER or SERVICE
SERVED BV (PRINT NAME) TITLE
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained
in the Proof of Service is true and correct:
Executed on:
DATE SIGNATURE or SERVER
ADDRESS or SERVER
RULE 45, FEDERAL RULES or CIVIL PROCEDURE, PARTS C & D
(c) PRoTEcTioN or PERSONS SUBJECT TO SUBPOENAS. that, subject to the provision of clause (c)(3)(B)(iii) ofthis rule,
rt) A barry er nn nunrnev resbensibte fer the issuance and service such a person may in order to attend trial be commanded to travel from
ofa subpoena shall take reasonable steps to avoid imposing undue any Such place Wlfhm the state m Whlch the mal IS held, Of
burden or expense on a person subject to that subpoena. The court on (iii) requires disclosure of privileged or other protected matter
behalfof which the subpoena was issued shall enforce this duty and and no exception or waiver applies, or
impose uponrthe party or attorneyrin breach ofthis duty an appropriate (rv) subjects n bersbn te undue burden
sanction, which may include, but is not limited to, lost earnings and a B n, b
reasonable attomey‘s fee. ( ) r 8 Su_pO€nra _
(2)tA) A person commanded to produce end permit inspection end n('2r'°qi’"°S d'i°l°S“l° eta flag? §f’°“*;?l °‘h°' °°"“d°““‘*'
copying ofdesignated books, papers, documents or tangible things, or rcscarc ’n we Opmcnf Or commcma m Oima mm Or r
inspection ofpremises need not appear in person at the place of (N) T€q¤iT€$ dl$¢l0$¤F€ ef im urrretemed €XD€|‘t'$ Olmmfm OF
production or inspection unless commanded to appear for deposition, il1t`OfU1&tl0Il not Ci€SCI'ibil'ig specific €V€I']tS OI` OCCUITCHCCS ll'} CilSpl1tC and
hearing or trial. resulting from the expert‘s study made not at the request of any patty, or
(E) Subject to paragraph (d)(2) ofthis rule, e person commanded to (iii) requires d perserr whe is ner e perry er err emeer ef e pany
produce and permit inspection and copying may, within I4 days after to incur Substantial expense to travel more than 100 miles to attend trial,
service ofthe subpoena or before the time specified for compliance if the COUIT may; te protect 8 P€Y$0¤ §Ubj€€li te Ot 6ff€€t€€l by th€ subpoena,
such time is less than 14 days after service, serve upon the party or €lUdSh OT m0d\fy the $¤bP0€¤¤ OY, 1fth€ Pmty m Wh0$€ bdldltthe
attorney designated in tne subpoena Written objection to inspection oi subpoena is issued shows a substantial need for the testimony or material
copying of any or all ofthe designated materials or ofthe premises if that C8Ill10t be Oth€I‘WiS€ I'I1€t Witl'lOL1t Lll'ldU€ il3lâ€CiShip find 8SSL\I`CS that th€
objection is mede, the party serving the subpoena shall not be entitled to perserr te whem the subpeerre is addressed will be reeserrebly
inspect and copy the materials or inspect the premises except pursuant to €0mP
person commanded to produce, move at any time for an order to compel rr) A nnrsnn rcsnnnding rn n Snbndcnn rn nrndndd dncnmnnts
the production. Such an order to compel production shall protect any . .
. . . shall produce them as they are kept in the usual course of business or
person who is not a party or an officer ofa party from significant . . . .
. . . . shall organize and label them to correspond with the categories in the
expense resulting from the inspection and copying commanded. ddrnnnd
`h llgtib/Eli c(;nnibiii:fytIEt?ESS’ by Whlch H Subpmma was lssucd (2) Whtm mfdrmdticn Subject to a subpoena is withheld on e
S 8 q _ _ _ y p I _ claim that it is privileged or subject to protection as trial preparation
(I) tmls te ellew Y€¤$0mibl€ time fm eempireeee; materials, the claim shall be made expressly and shall be supported by a
(ii) requires a person who is not a party or an officer ofa party to description ofthe nature ofthe documents, communications, or things
travel to a place more than 100 miles from the place where that person not produced that is sufficient to enable the demanding party to contest
resides, is employed or regularly transacts business in person, except mf? claim.
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