Document jmKvnDpDp15KzL6Ze0GrD5KqQ

^niteb States Stetrict .CourtAOS8(fit. HW)SubpoenaIn aCM ------------------E--A--S--T--E--R----N -- __________________ DISTRICT OF_'_______M_I_S__S_O__U_R__I____ l \* WILLIAM GAFFEY . .. V. SUBPOENA IN A CIVIL CASE PETER MONTAGUE'/ et al. J 91-1938-C-7 JCH CASE NUMBER: TO: Marcie Strauss Monsanto Company 800 North Lindbergh Blvd. \St. Louis, MO 63167 ,, v. ' W>, `1 O YOU ARE COMMANDED to appear In the United States District bourtat the place, date, and time specified below to testify in the above case. - PLACE OF TESTIMONY ... . . COURTROOM 1 * , Sy' . ` 1 * DATE AND TIME ........ , .... 1- fx k 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 November 29, 1993 at 10:00 a.m. }jxbcYOU 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): . SEE ATTACHMENT A , . ^vans. & Dixon, 2Q0 North Broadway, Suite 1200, St. Louis:, Mi.ss.outi 63102 DATE ANO TIME Noyeitjber 29-, 1993 at 10 ;00 a.m.. O 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 mailers 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 CV l.FnFwirCt nOa* n ( i M L ...A N D W O N t N U.W. .BaH1 _ , ,, a ., ^ _ _. _ John A. Micnener, Evans & Dixon, 200 North Broadway, Suite 1200, St. Louis "Missouri 63102 621-7755 AO BS ( 11/91) Subpoena n a C ivil Case SERVED SERVED ON (PRINT NAME) DATE SERVED BT (PRINT NAME) - PROOF OF SERVICE PUCE MANNER OF SERVICE 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 OP SERVER ADDRESS OF SERVEH Rule 45, Federal Rules of Civil Procedure, Parts C & D: (C) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. son, except that, subject to the provisions of clause (c)(3)(B)(ni) of ' (1) A party or an attorney responsible for 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 sanc tion, which may Include, but Is not limited to, lost earnings and a rea sonable attorney's fee. 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 (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 (2) (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 3 uch 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 o r 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 orderof the court by which the subpoena was 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 inform ation, 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 n o t 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 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 modify the subpoena or, it 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. to the person commanded to produce, move at any time for an order (d) DUTIES IN RESPONDING TO SUBPOENA. to compel the production. Such an order to compel production shall pro te ct 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 documents shall produce them as they are kept in the usual course o f business or shall organize and label them to correspond with the categories in the demand. (3) (A) On timely motion, the court by which a subpoena was Issued shall quash o r modify the subpoena if It (2) When Information subject to a subpoena is withheld on a claim that It Is privileged or subject to protection as trial preparation materials, (I) fails to allow reasonable time fo r compliance; the claim shall be made expressly and shall be supported by descrip (II) requires a person who Is not a party or an off ice 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 tion of the nature of the documents, communications, o r things not prt* duced that Is sufficient to enable the demanding party to contest the c la im .