Document Jv8KRR8vNxVNa8jzg6GV4z51B

Urn'teb Urtatesi 20istrici .CourtAO BS(Rev. 11/91)Subpoena In aCM EASTERN MISSOURI --------------------------------------------- DISTRICT OF___________________________ vW I L L I A M GAFFEY PETER MONTAGUE-/ e t a l . I SUBPOENA JS A CIVIL CASE CASE NUMBER: 9 1 - 1 9 3 8 - 0 - 7 JC H Mary Gaffey TO: 11269 Pineside Drive St. Louis, MO 63146 * .. Q 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. P U C E OF TESTIMONY COURTROOM DATE AND TIME 0 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. -- P U C E O F DEPOSITION ._ Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis, Missouri 63102 DATE AND TIME November 27, 1993 at 11:00 a.m. - SbcXO U 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): . 1(i;r . SEE ATTACHMENT A PUCE Evans & D i x o n , ,2Q0 North Broadway, Suite 1200, St. Louis, M O 63102 DATE AND TIME November 27, 1993 at 11:00 a.m. O YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. P R EM 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). ISSU IN G O F F IC E R SIGNATURE A N D TITLE (INDICATE IF ATTORNEY FO R P U t N T IF F O R DEFENDANT) DATE John A. Micnener, Evans & Dixon, 200. Nor t h Broadway, Suite 1200, St. Louis 'Missouri 63102 621-7755 A O 88 ( 11/91) Subpoena in a Civil Case SERVED SERVED ON (PRINT NAME) DATE SERVED BT (PRINT NAME) - PROOF OF SERVICE PLACE MANNER O f SERVICE TTTLE DECLARATION OF SERVER 1declare 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 ______________________ !_ , OATS _______________________________________________ SIGNATURE O F SERVER ADDRESS OF SERVER R u le 45, Federal R u le s o f Civil Procedure, Parts C & : (C) PR O TEC TIO N O F P E R S O N S SU B J E C T TO 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) (Hi) of ' 0 ) A party or an attorney responsible for the issuance and service of 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 of 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, which m ay include, but Is not limited to, lost earn ings and a rea sonab le attorney's fee. this rule, s u c h a person may in order to attend trial be com m anded to travel from any s u c h place within the state in w hich the trial is ' held, o r (iii) requires disclosure of privileged o r o ther protected mat ter and no exception or waiver applies, or (iv) su b je cts a person to u n due burden. (B) If a subpoe na (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 o r inspection unless commanded to appearfor 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 a ys after service of the subpoena o r before the time specified for com pliance if s u c h time is le ss than 14 d ays after service, serve upon the party or at torney designated In the subpoena written objection to inspection or cop yin g of any o r all of the designated materials o r of the prem ises. If objection is made, the party senring the subpoena shall not be entitled to inspect and copy the materials o r inspect the prem ises except pur suant to an ord erof the court by which the subpoe na w a s issu e d . If o b jection has been made, the party serving the subpoena may, upon notica (i) requires disclosure of a trade secret o r other confidential research, development, or com mercial information, or (ii) requires disclosure of an unretained ex port's opinion or In formation not describing specific events o r occurren ce s in dispute and resulting from the expert's study made not at the request of any party, o r (iii) requires a person w ho is not a party o r an officer of a party to incur substantia] expense to travel more than 100 miles to at tend trial, th court may, to protect a person subject to or affected by the subpoena, quash or m odify the s u b p o e n a or, if the party In whose 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 n d a ssu re s that the person to w hom the subpoena 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 a ny 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. Su ch 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 subpoe na to produce docum ents shall produce them as they are kept In the u sual course of b usin ess or 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 modify the subpoe na If It (i) falls to allow reasonable time for com pliance; (II) requires a person who Is not a party o r an offleer o f a party to travel to a place m ore than 100 miles from the place where that person resides, is em ployed o r regularly transacts b u s in e s s In per- (2) W h e n Information subject to a subpoena is withheld on a claim that It Is privileged or subject to protection a s trial preparation materials, 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 pro duced that Is sufficient to enable the dem anding party to contest the claim. o