Document 44r09v9yGNzyEB736G1KpKrYG

AO 88 (Rev. 11/91) Subpoena In C M Unteb >tete Bttrct .Court EASTERN MISSOURI DISTRICT O F ________________ ^WILLIAM GAFFEY - f-, V. P E T E R MONTAGUE*/ et al. SUBPOENA IN A CIVIL CASE 9 1 - 1 9 3 8 - C - 7 J C H * CASE NUMBER: Phyllis Korte TO: M o n s a n t o C o m p a n y ; 800 North Lindbergh Blvd. c St. Louis, M O 63163 YOU ARE COMMANDED to appear In the United States District Court at the place, date, and time specified below to testify In the above case. PLACE OF TESTIMONY .... COURTROOM ... 1. r...; ' ' ` DATE AND TIME B 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. ...... PLACE OF DEPOSITION . ___ Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis, Missouri 63102 ..... DATE AND TIME N o v e m b e r 27, 10:00 a.m. 1993 at X2D 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): . ** S E E - A T T A C H M E N T A Pifvans & D i x o n , 2 0 0 N o r t h B r o a d w a y , S u i t e 1 2 0 0 , St. Louis, Missouri 63102 DATE AND TIME N o v e m b e r 27, 10:00 a.m. 1993 at Q YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES 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). KIWNU UM-tCER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE T fti.; W *NO PHONE NUMbtM ___ J o h n A. M i c h e n e r , E v a n s & D i x o n , 200. N o r t h B r o a d w a y , S u i t e 1 2 0 0 , St. L o u i s 'Missouri 63102 621-7755 A O 88 ( U B I ) Subpoena in a Civil Cass SERVED SERVED ON (PRINT NAME} OATE - PROOF OF SERVICE PLACE *12 MANNER OF SERVICE SERVED BY (PRINT NAME} TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information con* tained in the Proof of Service is true and correct. Executed o n ___________ !___________ , DATE ________________________ ___ SIGNATURE OF SERVER - .-- ADDRESS OF S E R V E R ^ R u le 45, Federal R u le s of C iv il Procedure, Parts C & D: (C) PROTECTION O F PERSO N S SUBJECT TO S U BPO EN A S. (1) A party or an attorney responsible far the issuance and service o f a subpoena shall take reasonable steps to avoid Imposing undue bur den or expense on a person subject to that subpoena. The court on behalf o f which the subpoena was issued shall enforce this duty and impose upon the party o r attorney in breach of this duty an appropriate sanc tion, which may include, but is not limited to, lost earnings and a rea sonable attorney's fee. (2)(A) A person commanded to produce and permit Inspection and copying of designated books, papers, documents ortanglble things, or Inspection of premises need not appear in person at the place of pro duction or inspection unless commanded to appear for deposition, hear ing or trial. (8) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for com pliance if such time is less than 14 days after service, serve upon the party or at torney designated In the subpoena written objection to inspection or copying of any or all of the designated materials o r of the premises. If objection Is made, the party serving the subpoena shall npt be entitled to inspect and copy the materials or Inspect the premises except pur suant to an orderof the court by which the subpoena was Issued. If oblection has been made, the party serving the 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 production shall pro tect any person who Is not a party or an officer of a party from signifi cant expense resulting from the inspection and copying commanded. (3) (A) On timely motion, the court by which subpoena was Issued shall quash o r modify the subpoena If it (I) fails to allow reasonable time for compliance; (II) requires a person who is not a party or an o ffice ro f a party to travel to a place more than 100 miles from the place where that person resides. Is employed or regularly transacts business In per- son, 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 within the state in which the trial is held, or (iii) requires disclosure of privileged o r other protected mat ter and no exception or waiver applies, or (iv> subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret o r other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or in formation not describing specific events croccurrences in dispute and resulting from the expert's study made n ot at the request of any party, o r (Hi) requires a person who is not a party or an officer of a party to Incur substantial expense to travel more than 100 miles to at tend trial, thb court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party In whose behalf the subpoena is issued shows a substantial need for the testimony o r material that cannot be otherwise met without un due hardship and assures that the person to whom the subpoena Is addressed w ill be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPO EN A. (1) A person responding to a subpoena to produce documents shall produce them as they are kept tn the usual course of business or shall organize and label them to correspond with the categories In the demand. (2) W hen Information subject to a subpoena is withheld on a claim athat It Is privileged or subject to protection as trial preparation materials, the claim sh all be made expressly and shall be supported by descrip tion of the nature of the documents, communications, o r things not pro* duced that Is sufficient to enable the demanding party to contest Ifw claim. a