Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :04-cv-00193-SLR Document 124 Filed 05/29/2008 Page 1 of 2
Issued by the
UNITED STATES DISTRICT COURT
District of Delaware
AN'BAL '*"E'-ENDEZ SUBPOENA IN A crvn. CASE
V.
NATE GARDELLS and MICHAEL ALLEN
Case Numberzl 04-193-5*-R
TO: Brian J. Stewart
6235 Summit Bridge Road
Townsend, DE 19734
(302) 449-2831
l] YOU ARE COMMANDED to appear in the United States District comt at the place, date, and time specified below to
testify in the above case.
PLACE or ’['ESTlMONY COURTROOM
U.S. District Court, District of Delaware 6B
844 N. King Street
wlimmgron, DE 19801 DATD AND DMD
6/24/2008 9:00 am
I] 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. .
PLACE or DEPOSITION I DATE AND TIME
I] YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
PLACE I DATE AND TIME
El YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
1>11EM1sES 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 Rule of Civil Procedure 30(b)(6).
· · . o oi=1=1cER’S SIGNA · --AND D we E (INDICATE IF ATTORNEY Fon PLAINTIFF on DEFENDANT) DATE
/" . ( _ . "`
if A . . _. Mw! ;<· 0/ érml-rd 5 2 0
ISSUING OFFICER’S N - ne- ADDRESS AND PHONE ER
Jason C. Jowers, Esquire, Morris James LLP, 500 Delaware Ave., Suite 1500 Wilmington, DE 19801, (302) 888-6800
(See Federal Rule of Civil Procedure 45 (cj, (d), and (e), on next page)
' lf action is pending in district other than district of issuance, state district under case number.

Case 1 :04-cv-00193-SLR Docu ment 124 Filed 05/29/2008 Page 2 of 2
PROOF OF SERVICE
DATE PLACE . __
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SERVED E; im /0 9 " ~
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SERVED ON (PRINT NAME) MANNER OF SERVICE
F"'; _
SERVED BY (PRINT NAME) TITLE
l \/v\U`fP>>j giwom Q!5 Lzgtl Couric/~
DECLARATION OF SERVER
I declare under penalty of perjury under the laws ofthe United States of America that the foregoing information contained
in the Proof of Service is true and correct.
Executedon gj Q A E E1
ATE SIGNATURE OF SERVER
7 {GI ./V 7L¤wx% sj:}
ADDRESS OF SERVER
Lori/vxt agian} DE IOPB0}
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSON SUBJECT T0 A SUBPOENA. (i) shows a substantial need for the testimony or material that cannot be otherwise
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attomey responsible for met without undue hardship; and
issuing and sewing a subpoena must take reasonable steps to avoid imposing undue burden or (ii) ensures that the subpoenaed person will be reasonably compensated.
expense on a person subject to the subpoena. The issuing court must enforce this duty and
impose an appropriate sanction — which may include lost eamings and reasonable attomey's (d) DUTIES IN RESPONDING T0 A SUBPOENA.
fees — on a party or attomey who fails to comply. (l) Producing Documents or Electronically Stored Information. These procedures apply
(2) Corrunand to Produce Materials or Pemit Inspection. to producing documents or electronically stored infomation:
(A) Appearance Not Required. A person commanded to produce documents, (A) Documents, A person responding to a subpoena to produce documents must
electronically stored infomation, or tangible things, or to pemit the inspection of premises, need produce them as they are kept in the ordinary course of business or must organize and label them
not appear in person at the place of production or inspection unless also commanded to appear to correspond to the categories in the demand.
for a deposition, hearing, or trial. (B) Fom for Producing Electronically Stored Infomation Not Specified. If a
(B) Objections. A person commanded to produce documenm or tangible things or to subpoena does not specify a fom for producing electronically stored infomation, the person
pemit inspection may serve on the party or attomey designated in the subpoena a written responding must produce it in a fom or foms in which it is ordinarily maintained or in a
objection to inspecting, copying, testing or sampling any or all ofthe materials or to inspecting reasonably usable fom or foms.
the premises—or to producing electronically stored infomation in the fom orfoms requested. (C) Electronically Stored Infomation Produced in Only One Fom. The person
The objection must be served before the earlier of the time specified for compliance or 14 days responding need not produce the same electronically stored infomation in more than one fom.
after the subpoena is served. If an objection is made, the following rules apply: (D) Inaccessible Electronically Stored Infomation. The person responding need not
(i) At any time, on notice to the commanded person, t.he serving party may move provide discovery of electronically stored infomation from sources that the person identifies as
the issuing court for an order compelling production or inspection. not reasonably accessible because of undue burden or cost. On motion to compel discovery or
(ii) These acts may be required only as directed in the order, and the order must for a protective order, the person responding must show that the infomation is not reasonably
protect a person who is neither a party nor a party's officer fiom significant expense resulting accessible because of undue burden or cost. If that showing is made, the court may nonetheless
from compliance. order discovery from such sources if tl1e requesting party shows good cause, considering the
(3) Quashing or Modifying a Subpoena. limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.
(A) When Required. On timely motion, the issuing court must quash or modify a (2) Claiming Privilege or Protection.
subpoena that: (A) Infomation Withheld. A person withholding subpoenaed infomation under a
(i) fails to allow a reasonable time to comply; claim that it is privileged or subject to protection as trial—preparation material must:
(ii) requires a person who is neither a party nor a party's officer to travel more (i) expressly make the claim; and
than l00 miles fiom where that person resides, is employed, or regularly transacts business in (ii) describe the nature of the withheld documents, conununications, or
person — except that, subject to Rule 45 (c)(3)(B)(iii), the person may be commanded to attend tangible things in a manner that, without revealing infomation itself privileged or protected, will
a trial by traveling from any such place within the state where the trial is held; enable the parties to assess the claim.
(iii) requires disclosure of privileged or other protected matter, if no exception (B) Infomation Produced. If infomation produced in response to a subpoena is
or waiver applies; or subject to a claim of privilege or of protection as trial-preparation material, the person making
(iv) subjects a person to undue burden. the claim may notify any party that received the infomation of the claim and the basis for it.
(B) When Pemitted. To protect a person subject to or affected by a subpoena, the After being notified, a party must promptly retum, sequester, or destroy the specified
issuing court may, on motion, quash or modify the subpoena if it requires: infomation and any copies it has; must not use or disclose the infomation until the claim is
(i) disclosing a trade secret or other confidential research, development, or resolved; must take reasonable steps to retrieve the infomation if the party disclosed it before
commercial infomation; being notified; and may promptly present the infomation to the court under seal for a
(ii) disclosing an unretained expert's opinion or infomation that does not detemination of the claim. 'Ihe person who produced the infomation must preserve the
describe specific occurrences in dispute and results from tl1e experfs study that was not infomation until the claim is resolved.
requested by a party; or
(iii) a person who is neither a party nor a party's ofiicer to incur substantial (e) CONTEMPT. c
expense to travel more than 100 miles to attend trial The issuing court may hold in contempt a person who, having been served, fails without
(C) Specifying Conditions as an Altemative. In the circumstances described in Rule adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the
45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or subpoena purports to require the nonparty to attend or produce at a place outside the limits of
production under specified conditions if the sewing party: Rule 45(c)(3)(A)(ii).

Case 1:04-cv-00193-SLR

Document 124

Filed 05/29/2008

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Case 1:04-cv-00193-SLR

Document 124

Filed 05/29/2008

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