Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :04-cv-00193-SLR Document 137 Filed 06/06/2008 Page 1 of 2
AO 88 (ll/91) Subpoena in a Civil Case
Issued by the
O O O i
Un1ted States District Court 1
District of Delaware
ANIBAL MELENDEZ,
Plaintiff, SUBPOENA IN A CIVIL CASE _ 1
V. _
NATE GARDELLS, etal., C.A. No. 04-193-SLR
Defendants.
1
TO: Brian J. Stewart
6235 Summit Bridge Rd
Townsend, DE 19734
DYOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to t
testify in the above case. _ §
mace or rasrmoiw mm; imo rims
1
I YOU ARE COMMANDED to appear at the place, date, and time specitied below to testify at the taking of a deposition
in the above case. .
PLACE or nmrosinon our Ann mm
Department of Justice June 13, 2008 `
820 N. French Street, 6m Floor 10:00 a.m. 1
Wilmington, DE 19801V Q
( i
lj YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the I
place and date specified below (list documents or objects): i -
mace nan: I
III YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. *
vruamisns nan: Amo rmn {
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). .
rssumc orrrcsn sxosaruas mo rms (mntcarn rr Arroanr Fon PLAINTIFF on nnmzmnamr) Darn ‘ l
e i
Attomey for Defendants JUNE 4,2008 __ `
issumo orrxci-;n’s NAME , Annmzss Ann rnomn Nuivreriv. e
Catherine Damavandi, Deputy Attorney General, Department of Justice, 820 North French Street, 6th Floor, Wilmington, .
Delaware 19801 (302) 577-8400
_ (See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse) l
1

` I Case 1 :04-cv-00193-SLR Document 137 Filed 06/06/2008 Page 2 of 2
AO 88 (11/91) Subpoena in a Civil Case
1
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PROOF OF SERVICE I
nm: PLACE @.,255 §;».,tw»4/ érrese AQ
senvrzn &C¤ oe O 5 g .. gw;} p
1
SERVED on (PRINT warm) MANNER or snnvrcn
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SERVED om (PRINT Nails) TITLE l
DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing 1
information contai11ed in the Proof of Service is true and correct.
E
Executed on 62 5/ g
ATE 1 ATURE or snnv I `
so t
Annness or SERVER
- i
60 A- és) be / 52fé/ e L
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Rule 45, Federal Rules of Civil Procedure, Parts C & D:
· (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. provisions of clause (c)(3)(b)(iii) of this rule, such a person
may in order to attend trial be commanded to travel from I
(1) A party or an attorney responsible for the issuance and service of any such place within the state in which the trial is held, or
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 court on matter and no exception or waiver applies, or
behalf of which the subpoena was issued shall enforce this duty and (iv) subjects a person to undue burden. l
impose upon the party or attorney in breach of this duty an
appropriate sanction, which may include but is not limited to, lost (B) lf a subpoena l
earnings and a reasonable attorney’s fee. (i) requires disclosure of a trade secret or other confidential
research, development, or commercial information, or
(2)(A) A person commanded to produce and permit inspection and (ii) requires disclosure of an unretained expert’s opinion or .
copying of designated books, papers, documents or tangible things, or information not describing specific events or occurrences in
inspection of premises need not appear in person at the place of dispute and resulting from the expert’s study made not at the
production or inspection unless commanded to appear for deposition, request of any party, or
hearing or trial. (iii) requires a person who is not a party or an officer of a -
party to incur substantial expense to travel more than 100 miles
(B) Subject to paragraph (d)(2) of this rule, a person commanded to to attend trial, the court may, to protect a person subject to or
produce and permit inspection and copying may, within 14 days after affected by the subpoena, quash or modify the subpoena or, if the
service of the subpoena or before the time specified for compliance if party in whose behalf the subpoena is issued shows a substantial
such time is less than 14 days after service, serve upon the party or need for the testimony or material that cannot be otherwise met
attorney designated in the subpoena written objection to inspection or without undue hardship and assures that the person to whom the i
copying of any or all of the designated materials or ofthe premises. If subpoena is addressed will be reasonably compensated, the court
objection is made, the party servicing the subpoena shall not be may order appearance or production only upon specified
entitled to inspect and copy the materials or inspect the premises conditions. l
except pursuant to an order of the court by which the subpoena was ‘
issued. If objection has been made, the party serving the subpoena (d) DUTIES IN RESPGNDING TO A SUBPOENA.
may, upon notice to the person commanded to produce, move at any
time for an order to compel the production. Such an order to compel (1) A person responding to a subpoena to produce
production shall protect any person who is not a party or an officer of documents shall produce them as they are kept in the usual course of
a party from significant expense resulting from the inspection and business or shall organize and label them to correspond with the ¤
copying commanded. categories in the demand.
J (3)(A) On timely motion, the court by which a subpoena was issued (2) When information subject to a subpoena is withheld on a `
shall quash or modify the subpoena if it claim that it is privileged or subject to protection as trial preparation ‘
(i) fails to allow reasonable time for compliance materials, the claim shall be made expressly and shall be supported by `
(ii) requires a person who is not a party or an officer of a a description of the nature of the documents, communications, or
party to travel to a place more than 100 miles from the place things not produced that is sufficient to enable the demanding party to
where that person resides, is employed or regularly contest the claim.
transacts business in person, except that, subject to the

Case 1:04-cv-00193-SLR

Document 137

Filed 06/06/2008

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Case 1:04-cv-00193-SLR

Document 137

Filed 06/06/2008

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