Document YGa3v4GEJMev40wzZEkmModaD

AO B (Rev 11/91) Subpoena In a C M Uniteti >tate district Court EASTERN DISTRICT O F______M__I_S_S_O__U_R__I WILLIAM. GAFFEY V. PETER MONTAGUE# e t A l. SUBPOENA IN A CIVIL CASE CASE NUMBER: 91-1938-C -7 JCH JO- NWT21ua8iclt3likioaeNnmr,aolrGHtIheanlolasprktgeeiritaiunPtaer3k0wO08acy4c u p a tio n a l S a fe ty and H e a lth *. I YOU ARE CO M M ANDED to appear in the United States District Court at the place, date, and time specified below to testify In the above case. P L A C E O F TESTIMONY COURTROOM DATE A N D TIM E G x Y O U ARE COM MANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. N a tPLACE iOoF n a l I nDEPOSITION s t i t u t e O c c u p a tio n a l S a f e ty an d H e a lth , 2183 N orthlake Parkway, Tucker, G eorgia 30084 D ecem berDATE AND TIME 3 , 1993 a t 2:00 p.m. 3 YOU ARE COM MANDED 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): SEE ATTACHMENT A NPLACaEtio n a l I n s t i t u t e O c c u p a tio n a l S a fe ty and H e a lth ,. 2183 N orthlake Parkway, Tucker, G eorgia 30084 DATE A N D TIME December 3, 1993 a t 2:00 p.m. CD YOU ARE COM M ANDED to permit inspection of the following premises at the date and time specified below. PREM ISES DATE A N D TIM E 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 F F IC E R SIG N A T U R E A N D TITLE (IN D IC A T E IF A T T O R N E Y F O R P L A IN T IF F O R D E F E N D A N T ) DATE StaSAt.:,C(LSo uSise, rM" ,OEsk63a1f0fi2.OM(:3u14e) s tn62u1t-,77A5t5to rn e y s f o r D e fe n d a n ts, 200 N. Broadw ay, S u ite 1200 (S*e Rui 5. F m c i i i R u le s o l Civil Procedure Peris C & D on A O S3 ( 11/911 Subpoena in a Civil Case S E R V E D S E R V E D ON (PRIN T NAME) DATE S E R V E D B Y (PRIN T NAM E) PROOF OF SERV ICE^ PLACE M ANNER OP SERVICE TTTLE DECLARATION OF SERV ER l 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 on DATE - j " ( ' M - 1' * r ' I? * ? JJ SIG N ATU RE O F SE R V E R ADDRESS OF SERVER i. ; ii "p i. :: ;, .r t f f i i a tV i t u j J v j * c J R u le 45, Federal R u le s of Civil Procedure, Parts C & D: (c) P R O T E C T IO N O F P E R S O N S S U B J E C T T O S U B P O E N A S . son, except that, subject to the provisions of c la u se (c)(3)(B)(iii) of ' (1) A party or an attorney responsible for the issu a n c e and service o f a subpoena shall take reasonable steps to avoid im p o sin g 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 im pose up on the party o r 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 sonable attorney's fee. this rule, s u c h a person may in order to attend trial be com m anded to travel from a n y su c h place within the state in which the trial is held, o r (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 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, documents or tangible things, or inspection of prem ises need not appear in person at the place of pro duction or inspection un 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 a ys after service of the sub p oe na o r before the time specified for com pliance if s u c h time is le ss than 14 days after service, serve upon the party o r at torney designated In the sub p oe na 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 orderof the court by which the subpoena w as Issued. 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 disclosure of an unretained expe rt's opinion or In formation not describing specific events or occurrences in dispute and resulting from the expert's stu d y made not at the request of any party, o r (Iii) requires a person who is not a party o r an officer of a party to in c u r substantial expense to travel more than 100 mites to at tend trial, the court may, to protect a person subject to or affected by the subpoena, quash or m odify the su b p o e n a or, if 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 otherwise met without un due hardship a nd a ssures that the person to w h om the sub p oe na (s addressed will be reasonably com pensated, the court may order appearance or production only upon specified conditions. to the person com manded 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 pn> 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 documents shall produce them a s they are kept in the u su a l course of b u sin e ss 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 sh a ll quash o r m odify the sub p oe na If it (2) W h e n Information subject to a subpoena is withheld on a claim that It is privileged o r subject to protection a s trial preparation materials, ** (i) fails to allow reasonable time for com pliance; the claim shall be made expressly and shall be supported by a descrip ^ (IQ requires a person w ho Is not a party o r an officer of a party tion of the nature of the documents, com m unications, o r things not pro to travel to a place m ore than 100 miles from the place where that duced that is sufficient to enable the dem anding party to contest the person resides, is em ployed o r regularly transacts b u sin e ss In per- claim.