Document nk46OJzbL5oG2B74Yj5wbr0dm

9# AO M (R *v 11/91) Subpoena In a C M 33mteb >tates 5Btsitrict Court -E--A---S--T--E--R---N-- -----------------------------------------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 9 1 -1 9 3 8 -C -7 JCH CASE NUMBER: DC12ri.nHcRiinlalnyamatnoid,ndHOohSliolucws k4iL5n2ad0n8e C YOU ARE COMMANDED to appear in the United States District Courtat the place, date, and time specified below to testify In the above case. PLACE OF TESTIMONY COURTROOM DATE AND TIME 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. A r tr ipPLACE OF & A s sDEPOSITION o c ia te s , 830 Ma.in S t r e e t , S u.i,te _51_ 0. , C in cin n ati, Chio 45202 DDATEecANe1Dm0T:IbM0Ee0r a3.,m 1. 993 a t YOU 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 A rtPLACEr ip & A sso c ia te s, 830 Main S tr e e t, S u ite 510, C incinn ati, Chio 45202 DADaTEteAcNe1Dm0TI:Mb0Ee0r a3.,m 1. 993 CD 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 matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6). ISSUING OFFICER SIGNATURE AN D TITLE (INDICATE IF ATTORNEY FOR PLAIN TIFF OR DEFENDANT) .! . ?.i. , .. . ..-/i' -V.' DATE Jo h n A. M ic h e n e r, K athx L. C h e s tn u t,ISSUING OFFICER S NAME. ADDRESS AND PHONE NUMBER " A ttorneys fo r- D efen d an t's, 2QQ N;. B r/ o adw ay , S u.ite 1200_ S t. L ouis, MO 63102 (314) 621-7755 A 0 8 8 ( 1 1 fll) Subpoena in a Civil Casa SERVED SERVED ON (PRINT NAME) DATE SERVED BY (PRINT NAME) - PROOF OF SERVICE PLACE MANNER O F SERVICE t it l e 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 O F SER VE R ADDRESS OF SERVER Rule 45, Federal Rules o f Civil Procedure, Parts C & D: (Cj PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. son, except that, subject to the provisions of clause (c)(3)(B) (Hi) of (1) A party oran attorney responsible forthe 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 attorneys 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, or (iii) 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 (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 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 o r of the premises. If objection is made, the party serving the subpoena shall npt 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 obJection has been made, the party serving the subpoena may, upon notice () requires disclosure of a trade secret o r 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 n ot at the request of any party, or (Hi) requires a person who is not a party or an officer of a party to Incur substantial 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, If the party In whose behalf the subpoena Is issued shows a substantial need for the testimony o r materia) that cannot be otherwise met without un due hardship and assures that the person to whom the subpoena Is addressed will 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 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 documents stati 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) W hen 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 for compliance; the claim shall be made expressly and shall be supported by a descrip (ii) requires a person who Is not a party oran officer of a partytion of the nature of the documents, communications, o r things not pro to travel to a place more than 100 miles from the place where that person resides. Is employed or regularly transacts business In per- duced that Is sufficient to enable the demanding party to contest the claim. % . , , >... o . A** -