Document LgzJaEQyYZamR6XK5mE4QGRjd

ft AO 68 (Rtv. 11/91}Subpotna In a CM Uniteli ltate^ Bttrct Court T E A S TE R N ' DISTRICT OF, MISSOURI :`T *.- 1 " * i* * 'i 'J WILLIAM GAFEEY V. SUBPOENA IN A CIVIL CASE PETER MONTAGUE, et al. CASE NUMBER: 91"1938"C"7 JCH TO: Dr. Cate Jenkins Cougar Associates 1660 Ianier Place, N.W. Washington, D.C. 20009 :| * 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 DATE AND TIME 3 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 Cougar Associates, 1660 Lanier Place, ,N.W., Washington, D.C. 20009 DATE AND TIME December 3, 1993 at 2:00 p .m . X Y O 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): . . . . . J -V-- SEE ATIACHMENT A ---....... ' 7 j .:r , ,,v ' ____ / ,i . -------- -- T' \ ' - PLACE Cougar Associates, 1660 Ianier Place, N.W. Washington, D.C. 20009 DATE AND TIME December 3, 1993 at 2:00 p.m. 0 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 pemons 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). ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE ISSUING OFFICER S NAME. ADDRESS AND PHONE NUMBER - _ j- j 'st. Louis J'MO 63102 (314) 621-7755 (Se Rule 45 n..r-- 1200, AO fig (11/91) Subpoena (n a Civil Case - SERVED SERVED ON {PRINT NAME) DATE -PROOF OF^ERVlCE= PLACE MANNER OF SERVICE SERVED BY (PRINT NAME) -- L) ` ;t' ' , * ~ r` -y - " t r* A 1t 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 Rule 45, Federal Rules o f Civil Procedure, Parts C & 0 : (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party oran 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 or attorney in breach of this duty an appropriate sane* tion, which may include, but Is not limited to, lost earnings and a rea sonable attorney's tee. (3(A) A person commanded to produce and permit Inspection and copying of designated books, papers, documents or tangible 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. (B) 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 compliance 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 or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or Inspect the premises except pur suant to an order of the court by which the subpoena was Issued. If ob jection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time fo r 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 a subpoena was Issued shall quash o r modify the subpoena if It (I) fails to allow reasonable time fo r compliance; (II) requires a person who Is not a party oran o ffic e ro f a party to travel to a place more than 10Q miles from the place where that person resides, Is employed or regulariy transacts business In per son, except that, subject to the provisions of clause (c)(3) (B)(itt) 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, o r (Hi) requires disclosure of privileged or 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 or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or in formation not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, o r (Hi) requires a person who is not a party or an officerof a party to Incur substantial expense to travel more than 100 miles to at tend trial, the 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 SUBPOENA. (1) A person responding to a subpoena to produce documents shall produce them as they are kept In the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When Information subject to a subpoena is withheld on a claim that tt Is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a descrip tion of the nature of the documents, communications, o r things not p ro duced that Is sufficient to enable the demanding party to contest the claim.