Case 1:14-cv-01432-LPS Document 283-1 Filed 06/15/20 Page 1 of 4 PageID #: 17077
`Case 1:14-cv-01432—LPS Document 283-1 Filed 06/15/20 Page 1 of 4 PageID #: 17077
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`EXHIBIT 1
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`EXHIBIT 1
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`Case 1:14-cv-01432-LPS Document 283-1 Filed 06/15/20 Page 2 of 4 PageID #: 17078
`Case 1:14-cv-01432-LPS Document 283-1 Filed 06/15/20 Page 2 of 4 PageID #: 17078
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`A0 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
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`UNITED STATES DISTRICT COURT
`for the
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`District of Delaware
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`Civil Action No.
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`14-01431-LPS-CJB
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`) ) ) ) )
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`)
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`Elm 3DS Innovations, LLC
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`Plaintifi’
`V.
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`Micron Technology, Inc. et al.
`
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`Defendant
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`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
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`To:
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`Ronald Stuart Epstein, 1350 Bayshore Hwy, Ste. 420, Burlingame, CA 94010
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`(Name ofperson to whom this subpoena is directed)
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`d Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or
`those set forth in an attachment:
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`
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`Place: O'Melveny 8‘ Myers LLP
`2765 Sand Hill Road
`Menlo Park, CA 94025
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`Date and Time:
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`07/07/2020 9:00 am
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`The deposition will be recorded by this method:
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`stenographic and videographic
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`if Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material; See Exhibit A.
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`The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(0), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
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`Date;
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`06/12/2020
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`CLERK OF COURT
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`OR
`/s/ John Kappos
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`Signature of Clerk or Deputy Clerk
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`Attorney ’s signature
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`The name, address, e-mail address, and telephone number of the attorney representing (name ofparty) Micron Technology
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`Inc. et al.
`, who issues or requests this subpoena, are:
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`John Kappos O'Melveny & Myers 610 Newport Ctr. Dr. 17th Fl. NB CA 92660 949-823-6900 jkappos@omm.com
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`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things before
`trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
`whom it is directed. Fed. R. Civ. P. 45(a)(4).
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`Case 1:14-cv-01432-LPS Document 283-1 Filed 06/15/20 Page 3 of 4 PageID #: 17079
`Case 1:14-cv-01432-LPS Document 283-1 Filed 06/15/20 Page 3 of 4 PageID #: 17079
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`A0 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
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`Civil Action No. 14-O1431-LPS-CJB
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`(This section should not befiled with the court unless required by Fed. R. Civ. P. 45.)
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`PROOF OF SERVICE
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`I received this subpoena for (name ofindividual and title, ifany)
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`on (date)
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`El I served the subpoena by delivering a copy to the named individual as follows:
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` on (date) ; or
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`El I returned the subpoena unexecuted because:
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`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
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`tendered to the Witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
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`My fees are $
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`for travel and $
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`for services, for a total of $
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`0.00
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`I declare under penalty of perjury that this information is true.
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`Date:
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`Server ’s signature
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`Printed name and title
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`Server ’s address
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`Additional information regarding attempted service, etc.:
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`Case 1:14-cv-01432-LPS Document 283-1 Filed 06/15/20 Page 4 of 4 PageID #: 17080
`Case 1:14-cv-01432—LPS Document 283-1 Filed 06/15/20 Page 4 of 4 PageID #: 17080
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`A0 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
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`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
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`(c) Place of Compliance.
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`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
`(A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
`(i) is a party or a party’s officer; or
`(ii) is commanded to attend a trial and would not incur substantial
`expense.
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`(2) For Other Discovery. A subpoena may command:
`(A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
`(B) inspection ofpremises at the premises to be inspected.
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`(d) Protecting a Person Subject to a Subpoena; Enforcement.
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`(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanctioniwhich may include
`lost earnings and reasonable attorney’s feesgon a party or attorney who
`fails to comply.
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`(2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection ofpremises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premisesgor to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
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`(3) Quashing or Modifying a Subpoena.
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`(A) When Required. 0n timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
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`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifi/ing Conditions as an Alternative. In the circumstances
`described in Rule 45 (d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that carmot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
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`(e) Duties in Responding to a Subpoena.
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`(1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Formfor Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Farm. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
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`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim ofprivilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
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`(i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure ofprivileged or other protected matter, if no
`exception or waiver applies; or
`(g) Contempt.
`(iv) subjects a person to undue burden.
`The court for the district where compliance is requirediand also, after a
`(B) When Permitted. To protect a person subject to or affected by a
`motion is transferred, the issuing courtimay hold in contempt a person
`subpoena, the court for the district where compliance is required may, on
`who, having been served, fails without adequate excuse to obey the
`motion, quash or modify the subpoena if it requires:
`subpoena or an order related to it.
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` For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
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