Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1:04-cv—O1324-JQjl]§=i;f]§`;) S·[:)]gqiE3g CTliijgc[jQ_q‘23/2005 Page 1 of 3
DISTRICT OF DELAWARE
Thomas A. Eames, Roberta L. Eames and ) SUBPOENA IN A CIVIL CASE
Tammy Eames, on behalf of themselves and )
all others similarly situated, )
)
Plaintiff, ) C.A. No. 04-CV-1324KAJ
v. )
Nationwide Mutual Insurance Company, )
)
Defendant. )
TO: Muncie Insurance & Financial Services, Inc.
1005 W. Stein Highway
Seaford, DE 19973
El YOU ARE COMMANDED to appear in th United States District Court at the place, date, and time
s ecified below to testif in the above cse.
mics or rasrinoxv counrnoom
one ami rms
XX YOU ARE COMMANDED to appear at t e place, date, and time specified below to testify at the
taking of a deposition in the above case. (See a tached Appendix: Matters for Examination and
Documents to be Produced under Fed. R. Ci · . P. 30(b)(6) and 45).
vtacs or osvosmow oars ann rms
Murphy Spadaro & Lgndgn October 18, 2005 at 10:00 31.111., or such other
1011 Centre Road Suite 210 dmc as my bc '"“‘"‘*Uy agrfcd
Wilmin ton, DE 19801
XX YOU ARE COMMANDED to produce an permit inspection and copying of the following documents or
objects at the place, date, and time specified belo (list documents or objects): (See attached Appendix:
Matters for Examination and Documents to be I’ oduced under Fed. R. Civ. P. 30(b)(6) and 45).
PLACE DATE AND TIME
Murphy Spadaro & Landon
][)]] Centre RO3_d_ Suite 210 October 18, 2005 at 10:00 a.m., or such other
Wilmington DE 19801 date as may he mutually agreed
EI YOU ARE COMMANDED to permit inspection of the t`ollowing 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 person designated, the matters on which the person will testify. Federal Rules of Civil
Procedure, 30(b)(6).
ISSUING OF `ICER*s SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT}
·-ep • JF: ME F•••·( P4¢9r·v"¢}`FJ°
issumc pawrv s name. Annnsss mn mom; NUMBER rms
John S. Spadaro 9l16l2005
Murphy Spadaro & Landon
1011 Centre Road, Suite 210
Wilmington, DE 19805
(302) 472-8100
Attorne for Plaintiffs

· '* .* * '- B:·.···· te `;$' $2 ';a‘ a
SERVED l.):\`l`lj \ m.Acie
Muncie Insurance & Financial Services, Inc. 9719.*2005 (Ei} 1005 West Stein Highway,
2:47 .m. Seaford, DE 19973
Served on {Print Name} Manner
Erica Hinshelwood administrative assisstant
Served by (Print Name} Title
John A. Stolzenbach Special Process Server
DECLARATION OF SERVER
l declare under penalty of perj ury under the laws ol` the State of`Dclawarc that the foregoing information
contained in the Proof of Service is true and correct.
Sl]- Executed on 972172005
Date Signature el` Server
P.O. Box 368
Wilmington, DE 19899-0368
Address of Server

Rule 45, Federal Rules of Civil Procedure, Parts C & D:
lc) 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
ll) A party or an attorney responsible for the issuance and service held ;
of a subpoena shall take reasonable steps to avoid imposing undue [iii] requlres 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 ls 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 li] 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 unretalned 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 ofa 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. lf 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 td] 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 itz:
[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 lt 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, ls employed or regularly transacts business ln by a description of the nature of the documents, communications,
Person, except that subject to the provision of clause [c][3]|B||lll| of or things not produced that is sufficient to enable the demanding
party to contest the claim.

Case 1 :04-cv—O1324-JJF—LPS Document 105 Filed O9/23/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
THOMAS A. EAMES, ROBERTA L. EAMES )
and TAMMY EAMES, on behalf of )
themselves and all others )
similarly situated, )
)
Plaintiffs, ) C.A. No. 04-CV-1324KAJ
)
v. )
)
NATIONWIDE MUTUAL INSURANCE )
COMPANY, )
)
Defendant. )
NOTICE OF SERVICE
I hereby certify that on this date, l electronically tiled the foregoing document with the Clerk
of the Court using CMIECF which will send notification of such filing(s) to the following:
Nicholas E. Skiles, Esq.
Swartz Campbell LLC
300 Delaware Avenue, Suite 1130
P.O. Box 330
Wilmington, DE 19899
MURPHY SPADARO & LANDON
fsf John S. Spadaro
John S. Spadaro, No. 3155
1011 Centre Road, Suite 210
Wilmington, DE 19805
(302) 472-8100
Attorneys for plaintiffs
Thomas A. Eames, Roberta L. Eames and
Tammy Eames (on behalf of themselves and
September 23, 2005 all others similarly situated)
124185