Document 7qaQwg9gxxQMNkMdawanmv3j

AO 88 (Rev. 11/91) Subpoena In a C M fniteb States ttrict .Court EASTERN DISTRICT O F ___ __M_I__S_S_O__U_R__I WILLIAM GAFFEY ; v. PETER MONTAGUE'/ et al SUBPOENA IN A CIVIL CASE 91-1938-07 JCH CASE NUMBER: . Monsanto Company TO: ' 800 North Lindbergh Blvd. St- Louis, MO 63167 - V :* -u 1 i ! YO U A R E C O M M A N D ED 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 DATE AND TIME ..... -- *' * * -- EEk YOU A R E C O M M A ND ED 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 ATE AND TIME November 16, 1993 at 10:00 a.m. YOU A R E C O M M AND ED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents o r objects):, SEE ATTACHMENT.. fi. place Eyans; & Dixon, 2Q0 No^th Broadway, Suite 12.0Q, St. Louis;, Missouri 63102 DATE AND TIME Noyeinber 16, 19.93 at IQ?00 a.30- YOU ARE C O M M A N D ED to permit inspection of the following premises at the date and time specified below. P R E M ISE S 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). IS S U IN G O FFIC ER SIGNATURE A N D TITLE (INDICATE IF ATTORNEV FO R P LA IN T IFF O R DEFENDANT) DATE ISSUING O FFIC ER S NAME. ADDRESS AND PHONE NUMBER . , . ,_ ,,. John A. Michener, Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis `Missouri 63102 621-7755 A O 83 ( 11i91) Subpoena in a Civil Cas SERVED SERVED ON (PRINT NAME) DATE - PROOF OF SERVICE PUCE MANNER O F 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 SERVER R u le 45, Fed eral R u le s of C ivil Procedure, Parts C & D: (C) PR O TEC TIO N O F P E R S O N S SU B J E C T T O S U B P O E N A S . son, except that, subject to the p ro visions of c la u se (c)(3)(B) (ii) of ' (1) A party o r an attorney responsible for the issu a n ce and service o f a subpoena shall take reasonable steps to avoid im posing undue bur den or expense on a person subject to that subpoena. The court on behalf o f which the subpoena w as Issued shall enforce this duty and impose upon the party or attorney In breach of this duty an appropriate sanc tion, w hich m ay include, but Is not limited to, lost earnings and a rea sonable attorney's fee. this rule, su c h a person may in order to attend trial be com m anded to travel from a n y s u c h place within the state in which the trial is held, o r (iti) requires disclosure of privileged o r o th e r protected mat ter and no exception or waiver applies, or (Iv) subjects a person to undue burden. (B) If a su b p o e n a (2) {A) A person com m anded to produce and permit Inspection and copying of designated books, papers, docum ents or tangible things, or Inspection of prem ises need not appear in person at the place of pro duction or inspection u n le ss commanded to appear for deposition, hear in g o r trial. (B) Subject to paragraph (d)(2) of this rule, a person com m anded to produce and permit inspection and copying may, within 14 d ays after service of the sub p oe na or before the time specified for com pliance if su c h time is le ss than 14 d a ys after service, serve upon the party or at torney designated in the su b p oe n a written objection to inspection or copying of a n y o r all of the designated materials o r of the prem ises. If objection is made, the party serving the subpoena shall not be entitled to Inspect and copy the materials or inspect the prem ises except pur suant to an o rd e ro f the court b y w hich the subpoe na w a s Issu ed. If ob jection has been made, the party serving the subpoena may, upon notice (i) requires disclosure of a trade secret o r other confidential research, development, or commercial Information, or (ii) requires d isclosure of an unretained expe rt's opinion o r In formation not describing specific events or occurrences in dispute and resulting from the expert's study made no t at the request of any party, or (ili) requires a person who is not a party o r an officer of a party to incur substantial expense to travel more tha n 100 m iles to at tend trial, thb court may, to protect a person su b je ct to o r affected by the subpoena, q u a sh o r modify the su b p o e n a or, it the party In w hose behalf the subpoena Is issued show s a substantial need for the testim ony o r material that cannot be otherw ise met without un due hardship a nd a ssu re s that the person to w h o m the sub p oe na Is addressed will be reasonably com pensated, the court may order appearance or production only upon specified conditions. to the person com m anded to produce, move at any time for an order (d) D U T IE S IN R E S P O N D IN G T O S U B P O E N A . to compel the production. S u c h 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. (1) A person responding to a subpoena to produce docum ents shall produce them a s they are kept In the usu al course o f b u s in e s s o r shall organize and label them to correspond with the categories in the demand. (3) (A) O n timely motion, the court by which a subpoena w a s Issued shall quash o r m odify the su b p o e n a If It (2) W h e n Information subject to a su b p o e n a is w ithheld on a claim that It Is prtvl leged o r subject to protection a s trial preparation materials, (I) fails to allow reasonable time for com pliance; (ii) requires a person w ho Is not a party o r an officer of a party the claim shall be made expressly and shall be supported by a descrip tion of the nature of the documents, com m unications, o r things not p r> to travel to a place m ore than 100 miles from the place where that person resides, Is em ployed orreguta/ty transacts b u sin e ss In per duced that Is sufficient to enable the dem anding party to contest the claim.