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

l Case 1 :04-cv-01256-JJ F Document 70-4 Filed 01/27/2006 Page 1 of 2
I AO 88 (Rev. 7/00) Subpoena in a Civil Case A
` Issued by the
United States District Court
i , DISTRICT OF MINNESOTA
MAGTEN ASSET MANAGEMENT SUBPOENA IN A CIVIL CASE — DUCES T ECUM
CORPORATION,
Plaintiff,
v. Case Number: 04-1256 (J J F)
(Case pending in the United States
1 PAUL HASTINGS JAN OFSKY District Court for the District of Delaware)
& WALKER LLP
Defendant.
TO: ARTHUR ANDERSEN LLP
45 S. 7TH STREET
Suite #2800
MINNEAPOLIS, MN 55402-1629
E1 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 TESTHVIONY COURTROOM
DATE AND TINIE
IZ! 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.* 1
PLACE or DEPOSITION DATE AND TIME
Metro Legal Services, Inc. FEBRUARY 13, 2006 AT 10:00 A.M.*
330 2“d Avenue South, Suite 150
Minnea olis, MN 55401-2217
I YOU ARE C OMMAN DED 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):AIl documents identified on the attached Exhibit A
*Attendance at the de ositian will be waived i the de onent raduces the re uested documents be are Februa 13, 2006.
PLACE DATE AND THVIE
Metro Legal Services, Inc. FEBRUARY 13, 2006 AT 10:00 A.M.*
330 2"d Avenue South, Suite 150
Minnea olis, MN 55401-2217
El YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES I DATE AND THVIE
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 .
rssumo OFFICE · SIGNATURE ITL INDICATE IF ATTORNEY ron i>rA1NTm= on DATE
DEFENDANT)
/s/ David . Jenkins ( o. 932) J anuary 27, 2006
Attorney for Defendant ~
Tsspmo OFFICER’S NAM_E, ADDRESS AND PHONE NUMBER _ _
Smith, Katzenstein & Furlow LLP, 800 Delaware Avenue, P.O. Box 410, Wilmington, DE 19899
(302) 652-8400
cc: Magten Litigation Service List I

Case 1 :04-cv-01256-JJ F Docu ment 70-4 Filed 01/27/2006 Page 2 of 2
(See Rule 45, Federal Rules of Civil Procedure, Paris C&D on next page) I
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¤1¤¤m¤¤$,_¤r connnerelal mf°m““°n» °" _ _ _ _ _
(11) requires disclosure of an unretarned expert's oprnron or information
(1) A party or an attorney responsible for the issuance and service of a subpoena not describing specific events or occurrences in dispute and resulting from 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 ofiicer 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
I subpoena, or, if the party in whose behalf the subpoena is issued shows a substantial
(2)(A) Aperson 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 (d) Duties in Responding to subpoena,
permit inspection and copying may, within 14 days after 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 a subpoena to producg doouments Shall
Peny or ¤¤<>m¢y designated in me subpoena Wnnen obleonon to lnspeonon or eopymg of produce them as they are kept in the usual course of business or shall organize and
any or all of the designated materials or of the premises. Ifobjection is made, the party label rnern to oo,-respond with the eategorres rn the demand
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. If (2) when rnfonnanon subjeer to a subpoena is Withheld on a erann that
objeetion has been made: me Party Sewing the subpoena may: upon nonoe to the Person 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 made expressly and shall bc supported by a description of the nature of the
order to compel proononon Shen Protect any person Wno is not e pany or an ofneer ofe pany documents, communications, or things not produced that is sufficient to enable the
nom significant expense resulting from the inspection and copying commanded. demanding party to eonresr the olainr -
I (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, l
(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.
l 001 0650.WPD