Free Notice (Other) - District Court of Delaware - Delaware

Case 1:04-cv-00939-G|\/IS Document 52-2 Filed O3/27/2006 Page1 of 4

Case 1 :04-cv-00939-G MS Document 52-2 Filed O3/27/2006 Page 2 of 4
AO88 (Rev. 1f54) Suhpoena in a Civil Case
Issued by the
UNITED STATES DISTRICT Couitr
SOUTHERN DISTRICT OF OHIO
Menon st COMPANY, SUBPOENA IN A CIVIL CASE
Plaintiii
Case No.: O¢l»939·GMS
v.
NOW PENDING IN THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT
TEVA PHARMACEUTICALS U.S.A, INC., OF DELAWARE
Defendant.
TO: The Procter & Gamble Company
One Procter & Gamble Plaza
Cincinnati, Ohio 45202-3315
U YOU ARE COMMANDED to appear ln the United States District Court at the place, date, and time specined below to testify ln the
above case. * ’ ‘ ·
PLACE OF TESTIMONY GGURTROOM
DATE Ann TIME
E 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, on the to ics listed in Schedule A attached .
PLACE OF DEPOSITION Cin-Tel Court Reporters DATE AND TIME
813 Broadway, Suite 2 April 12 , 2006 at 9 : 30 em
Cincinnati, OH 45202
El YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the place, date, and
time s ecified below or at a mutuall a reed to location list documents or ob`ects :
PLACE ` DATE AND TIME
El YOU ARE CCMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES 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 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 .
assume OFFICER SIGN · · · E · · IT [ENDICA GRNEY Fon P · I FF on one
¤EI=sr•IoAn·r; W A ll
Af=f=<=>¤¤¤Y fvr ·= = ·· 7 March 24, zoos
Teva. Phermace < — c: , Inc .
resume on=»cee·s ewreaeoness mo venue uumeerz
A. Antony Pfeifer. Esq.
Kenyon. & Kanyon
Ooo Broadway
New York, New York 3.¤O04
may ezs-vzoo
(See Rule 45, Federal Rules of CMI Procedure, Parts C & D on Reverse)

Case 1 :04-cv—OO939-G IVIS Docu ment 52-2 Filed O3/27/2006 Page 3 of 4

AO88 {Rev. 1fB4) Subpoena in a Civil Case
PROOF OF SERVICE
$ERVE° 1
seavso on (Pour me women or senvice
senvao ev com more rms
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing
infomation contained in the Proof of Service is true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45, Federal Rules of Civll Procedure, Parts C & D:
(c) PROTECTION OF PERSONS SUBJECT T0 SUBPOENAS. subject tothe provisions of clause (c}(3)(Bj(lll) of this rule, such a
(1) A party or an attorney responslblelfor the Issuance and person may in order to attend trlal be commanded to travel from any
service of a subpoena shall take reasonable steps to avoid such place within the state In which the trial Is held, or ’ ' ‘
imposing undue burden or expense on a person subject to that (Ill) requires disclosure of privileged or other protected matter and
subpoena. The court on behalf of which the subpoena was no exception or waiver applies, or
issued shall enforce this duty and impose upon the party or (lv) subjects a person to undue burden.
attorney in breach of this duty an appropriate sanction, which (B) If a subpoena
may include, but Is not limited to, lost earnings and a reasonable (I) requires disclosure oi a trade secret or other contidential
attorneys fee. research, development, or commercial infomation, or
(ZMA} A person commanded to produce and permit Inspection {ll) requires disclosure of an unretained expert's opinion or
and copying of designated books, papers, documents or information not describing specific events or occurrences in dispute
tangible things, or inspection of premises need not appear ln and resulting from the experl's study made not at the request of any
person at the place of production or Inspection unless party, or
commanded to Biipcdr for deposition, hearing or trial. (Hi) requires a person who is not a party or an officer of a party to
(B) Subject to paragraph (d)(2) of this rule, a person incur substantial expense to travel more than 100 miles to attend trial,
commended to produce and permit inspection and copying may, the court may, to protect a person subject to or affected by the
within 14 days after service of the subpoena or before the time subpoena, quash or modify the subpoena er, lfthe party ln whose
specified for compliance It such time is less than 44 days after behalf the subpoena is Issued shows a substantial need for the
servlce, serve upon the party or attorney designated in the testimony or materlal that cannot be otherwise met without undue
subpoena written objection to Inspection or copying of any or all hardship and assures that the person to whom the subpoena is
of the designated materials or ofthe premises. if objection Is addressed will be reasonably compensated, the court may order
made, the party serving the subpoena shall not be emitted to appearance or production only upon specified conditions.
Inspect and copy the materials or inspect the premises except
pursuant to an order of the court by which the subpoena was (d} DUTIES IN RESPONDING TO SUBPOEHA.
issued. lf objection has been made, the party sewing the (1) A person responding to a subpoena to produce documents shall
subpoena may, upon notice to the person commanded to produce them as they are kept ln the usual course of business or shall
produce, move at any time for an order to compel the organize and label them to correspond with the categories in the
production. Such an order to compel production shall protect demand.
any person who is not a party or an officer of a party from {2) when Infomation subject to a subpoena ls withheld on a claim
signiticant expense resulting from the inspection and copying that it is privileged or subject to protection as trial preparation
commanded. materials, the claim shall be made expressly and shall be supported by
(3)(A) On timely motion, the court by which a subpoena was a description ofthe nature ofthe documents, communications, or
issued shall quash or modify the subpoena ii it things not produced that ls sufficient to enable the demanding party to
(I) fails to allow reasonable time for compliance; contest the claim.
(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 transecls
business in person, except that,

Case 1:04-cv-00939-G|\/IS Document 52-2 Filed O3/27/2006 Page 4 of 4
SCHEDULE A
Topics
1. Communications in 1999 between the U.S. Food and Drug Administration and
The Procter & Gamble Co. related to once-per-week dosing of risedronate (see, eg., PG0100545-
78).
2. The performance of study 1999033 (see, e.g., PG155045-309), and studies
HMR4003E/ 1001 and HMR4003E/3001 (see, eg., PG01545 14-694), including when the study
was begun, the dosing regimens tested, when patients were iirst administered risedronate on a
weekly dosage pursuant to each study, and the location (ie., country) where the studies occurred. t - -
3. The preparation of reports related to study 1999033, HMR 400313/1 001 and
HMR4003E/3001.