Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :04-cv-01 256-.1.1 F Document 70-5 Filed 01/27/2006 Page 1 of 2
AO 88 (Rev. 7/OO! Subgena in a Civil Case
Issued by the
United States District Court
DISTRICT OF MINNESOTA
MAGTEN ASSET MANAGEMENT SUBPOENA IN A CIVIL CASE - DUCES TECUM
CORPORATION,
Plaintiff,
v. Case Number: 04-1256 (JJF)
(Case pending in the United States
PAUL HASTH\I GS JAN OFSKY District Court for the District of Delaware)
& WALKER LLP
Defendant.
TO: HOULHTAN LOKEY HOWARD & ZUKIN l
FINANCLAL ADVISORS, INC.
225 S. SIXTH STREET #4950
MINNEAPOLIS, MN ,5 5402
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.
PLACE or TESTIMONY couRTRooM
DATE AND THviE
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.*
PLACE or DEi>oSmoN DATE AND TIME _
Metro Legal Services, Inc. FEBRUARY 13, 2006 AT 10:00 A.M.*
330 2**** 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 obj ects):All documents identified on the attached Exhibit A
*Attendance at the de ositian will be waived i the de onent roduces the re uested documents be ore Februa 13, 2006.
PLACE DATE AND TIME
Metro Legal Services, Inc. FEBRUARY 13, 2006 AT 10:00 A.M.*
330 2**** Avenue South, Suite 150
Minnea olis, MN 55401-2217 ·
E! YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
1>REM1SEs I 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 behalfi and may set forth, for each person designated,
the matters on which the erson will testi . Federal Rules of Civil Procedure, 30 b 6 .
lp§$;cE §LE NDIQATE IF ATTORNEY Fon PLAINTIFF OR DATE
/s/ David A. Jenkins ( o. 932) January 27, 2006
Attorney for Defendant R
ISSUING OFFICER‘S NAME, ADDRESS AND PHONE NUMBER _ _
Smith, Katzenstem & Furlow LLP, 800 Delaware Avenue, P.O. Box 410, Wilmington, DE 19899
(302) 652-8400
cc: Magten Litigation Service List A

4 Case 1 :04-cv-01256-JJ F Docu ment 70-5 Filed O1/27/2006 Page 2 of 2
(See Rule 45, Federal Rules of Civil Procedure, Parts C&D on next page)
PROOF OF SERV ICE
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
information 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°V°l°pm°"F·_°r ccnilmcrcml mfomumcni or _ _ _ _ _
(rr) requires disclosure of an unretamed expen's opinion or infonnation
(l) A party or an attomey responsible for the issuance and service of a subpoena not describing specific events or occurrences in dispute and resulting item the
shall take reasonable steps to avoid imposing undue burden or expense on a person subject expert's study made not at the request of any party, or
to that subpoena. The court on behalf of which the subpoena was issued shall enforce this (iii) requires a person 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 miles 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 partyin whose behalf the 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 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 (ti) Duties in Responding to subpoena,
pennit inspection and copying may, within 14 days alter service of subpoena or before the
time specified for compliance if such time is less than 14 days after service, serve upon the (1) A person responding to o snhnoono to nrodnoo dootnnonts Shall
pany or attorney designated in the subpoena written obieotion io inspection or copying of produce them as they ere kept inthe usual course ofbusiness or Shen organize and
any or all of the designated materials or of the premises. If objection is made, the party label them to correspond with tho ontogonos in tho domond_
serving 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) Whon infonnation snhjoot to o subpoena is Withheld on o claim that
obieetion has been made, ine Party serving the subpoena may. upon notioe to the person at is privileged or subject to protection as mei preparation materials, the claim than
commanded to produce, move at any time for an order to compel the production. Such an bc made expressly and shall be supported by o dosonptgon of tho naturg of tho
crder to cempel Prcductrcrr Shell Prcrecr WY Person who is not 3 ParrY or an ofdeer cre Perry documents, communications, or things not produced that is sufficient to enable the
from significant expense resulting from the inspection and copying commanded. domanding party to Contest tho otonn
(3)(A) On timely motion, the court by which a subpoena was issued shall quash or
- 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. V
10010649.WPD