Case 1:04-cv-00911-GIVIS Document 41 Filed 08/11/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT 20*05
FOR THE DISTRICT OF DELAWARE
JAN KOPACZ and CATHY KOPACZ, :
Plaintiffs, 1 C.A. N0. 04-911 GMS
: Jury Trial Demanded
DELAWARE RIVER AND BAY :
AUTHORITY, and CRAIG SWETT, :
JAN KOPACZ, :
Plaintiff, : C.A. N0. 04-1281 GMS I
DELAWARE RIVER AND BAY :
SUBPOENA IN A CIVIL CASE
TO: Records Keeper for DUCES TECUM*
Eric Balliet, D.D.S.
13 Chestertield Dr.
Lewes, DE 19958 302—644—7l74
YOU ARE COMMANDED TO produce and permit inspection and copying ofthe
following documents 0r objects at the place, date, and time specified belovv:*
ANY AND ALL records, including but not limited t0 all office notes, reports, letters to and from
your facility, patient questionnaires, evaluations, test results, surgical reports, film/Scan reports,
referrals, etc. pertaining to Jan Kopacz, DOB 3/15/1947, SSN 577-62-5459.
*PLEASE NOTE YOUR APPEARANCE IS WAIVED IF THE RECORDS ARE RECEIVED IN
THE OFFICE OF CASARIN O, CHRISTMAN & SHALK, P.A. ON OR BEFORE THE DATE
OF THE DEPOSITION.
PLACE: DATE ANI) TIME:
Casarino, Christman & Shalk, P.A. . August 10, 2005
800 N. King Street, Suite 200 at IOLOO anx}; , ,
Wilmin ton, DE 19801 A r J, j,. ri, W ‘ / W/,,‘*~ ”
MAILIDG ADDRESS: ,,2. laid}/W/Cel lviitl ‘rt’/l/6 Lt
Casarino, Christman & Shalk, P.A. CHANETA G. BROOKS—MONTOBAN, ESQ.
P.O. Box 1276 Casarino, Christman & Shalk, P.A.
Wilmington, DE 19899-1276 800 N. King Street, Suite 200
P.O. Box 1276
A Wilmington, DE 19899
V, rw, [ A CM (302)'594—4500
Dated: ji if // J Attorney for Defendant Craig Swett
p in ase ; -cv- - V ,I•• i _¤ ERVi •: 4 II age 0
SERVED DATE I PLACE
Eric Balliet, D.D.S. 8/2/2005 @ *NEW ADDRESS: 212 W. Market
11:40 21.m. Street, Georgetown, DE 19947
Served OI'! (Print Name) Manner
Janet Jones records custodian
Served by (Print Name) Title
John A. Stolzenbach Special Process Server
DECLARATION OF SERVER
1 declare under penalty of perjury under the laws of the State 01°Del21vvarc that the foregoing information
contained in the Proof 0f Service is true and correct.
Executed cm 8/8/2005 ` > ”‘% (f···~*‘
· Dale Signature of Server
P.O. Box 368
Wilmington, DE 19899-0368
Address of Server
Rulc 45, Federal Rules of Civil Procedure, Parts C & D:
(c) 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
(1) A party or an attorney responsible for the issuance and service held ;
of a subpoena shall take reasonable steps to avoid imposing undue (iii) requires 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 is 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 (i) 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 unretained 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 of a 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. If 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 (d) 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 it 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, is employed or regularly transacts business in by a description of the nature of the documents, communications,
Person, except that subject to the provision of clause (c)(3)(B)(iii) of or things not produced that is suflicient to enable the demanding
party to contest the claim.