Free Subpoena Returned Executed - District Court of Delaware - Delaware

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*—I*v__ PROOF OF SERVICE
SERVED DATE 9 9;)// U ,. PLACE g ‘[`C '() Y) 3 4,. 3.,.,;;*
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SERVED ON (PRINT NAME) I MANNER OF SERVICE
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_ DECLARATION OF SERVER
I deelare under enalty of er`u n er the laws ofthe United States of America that the fore oin infomation contained in the Proof of Service is true and correct.
Executed on ,, _ I
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ADDRESS OF SERVER K
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Rule 4fi Federal Rules ofCivil Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. 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
(I) A pany or an attorney responsible for the issuance and service of a Wlthm thc State m YY_hl°h ¤1¤t¤¤¥ 'S h€'d~ °r _ ,
subpoena shall take reasonable steps to avoid imposing undue burden Oy (Ht) f€q¤1f€§ dtsclostlfe of privileged or other protected matter
cxpcnse on a person subject to that subpoena. The court on behalf of which the and “° °X°°Pt'°" OI Waiver apph°S’ Or
subpoena was issued shall enforce this duty and impose upon the party or (W) S“bJ€°*SaP°'S°“ to undue burden
attorney in breach of this duty an appropriate sanction, which may include, but
is not limited to. lost eamings and a reasonable attomey’s fee. (B) lfa subpoena
(2) (A) A person commanded to produce and permit inspection and (i) requires disclosure ofa trade secret or other confidential research,
copying of designated books, papers, documents or tangible things, or development, or commercial information, or
inspection of premises need not appear in person at the place of production or (ii) requires disclosure of an unretained expert’s opinion or
inspection unless commanded to appear for deposition, hearing or trial. infonnation not describing specific events or occurrences in dispute and
resulting from the expert’s study made not at the request of any party, or
(B) Subject to paragraph of this rule, a person commanded I (lll? I`€ql1ll”€S 8 p€l’S0fl who IS I`l0[ 3 p3I`l}( Ol' all OffiC€I' 3 party to
tt, pipduee and permit ipspeetipp and eppymg may, Within 14 days aftei Service incur substantial expense to travel more than l00 miles to attend trial, the court
of thc subpoena or before the time specified for compliance if such time is less maY~ to protect a Pcrson Sublcq m or affcctcd by the Subpocng quash Or modliy
than I4 days incr mica serve upon the pany or attorney dcsigmd in the the S¤br2¤<=¤=¤ ¤¤ ·f the ¤¤¤y_i¤ Wim behalf the S¤b¤¤<¢¤=· ·S med SPOWS a
Supppemi Written Obieetipp tp mspeetipp pi eppyipg me am, pi an pf the substantial need for the testimony or material that cannot be otherwise met
desigitated materials pi pf the piemisep lf pbieetipp is made, me party Sewing without undue hardship and assures that the person to whom the subpoena is
the subpoena shall not be entitled to inspect and copy the materials or inspect addrcssiid will be rcasonawy °°mp°€n_sat°d’ the court may Order appearance Of
the premises except pursuant to an order of the court by which the subpoena production Only upon Spccmcd °°ndm°nS·
was issued. It` objection has been made, the party serving the subpoena may,
upon notice to the person commanded to produce, move at any time for an order (d) DUTIES IN RESPONDING TO SUBPOENA.
to compel the production. Such an order to compel production shall protect any
pcm)? WSU is mi 3 pmy Or all Ofticcr of 8 pany from Slgnmcam °Xl’°“S° (l) A person responding to a subpoena to produce documents shall
msultne from the '"Sl’°°t‘°" md Copymg °°mma“d°d· produce them as they are kept in the usual course of business or shall organize
and label them to correspond with the categories in the demand.
(3) (A) On timely motion, the court by which a subpoena was issued
Shall quash Or m°d'fy thc sublmcna lf lt (2) When information subject to a subpoena is withheld on a claim that
it is privileged or subject to protection as trial preparation materials, the claim
(i) fails to allow reasonable time for compliance; shall be made expressly and shall be supported by a description of the nature of
(ii) requires a person who is not a party or an ofhcer of a the documents, communications, or things not produced that is sufficient to
party to travel to a place more than 100 miles from the place where that enable the demanding party to contest the claim.
person resides. is employed or regularly transacts business in person,
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Case 1 :04-cv—00943-KAJ Document 49 Filed 09/23/2005 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DINO G. PETROCELLI, )
)
Plaintiff, )
)
vs. )
) Case N0. 04-CV-943-KAJ
CHRYSLER CORPORATION, MOPAR )
DIVISION, )
)
Defendant. )
CERTIFICATE OF SERVICE
I, Sarah E. DiLuzio, hereby certify this 23rd day of September, 2005, the within
PROOF OF SERVICE of a SUBPOENA DUCES TECUM was electronically filed with the
Clerk of the Court using CM/ECF and that the document was served on September 22, 2005 on
the following as indicated, and that the document is available for viewing and downloading from
Cl\1l/ECF.
BY HAND DELIVERY
Records Custodian
State of Delaware — Plummer Work/Release Center
38 Todds Lane
Wilmington, Delaware 19802
fj
>_ ~1/!(l»i&/kfx //2 LZ/,4/;] in
/4 Sarah E. DiLuzio (#4085) ‘¥
Potter Anderson & Corroon LLP
Hercules Plaza, Sixth Floor
1313 North Market Street
Wilmington, Delaware 19899-0951
(302) 984-6000 — Telephone
(302) 658-1192 — Facsimile
sdiluzio@_r_gotteranderson.com