Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 1 of 13 PageID #: 2672
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`C.A. No. 16-116 (RGA)
`
`SOUND VIEW INNOVATIONS, LLC,
`
`
`
`
`
`FACEBOOK, INC.,
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`DEFENDANT’S NOTICE OF SUBPOENAS TO DENNIS LEINBAUGH
`
`PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil
`
`Procedure, Defendant Facebook, Inc. (“Facebook”) will serve the subpoenas attached hereto as
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Karen Jacobs
`____________________________________
`Jack B. Blumenfeld (#1014)
`Karen Jacobs (#2881)
`Jennifer Ying (#5550)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`kjacobs@mnat.com
`jying@mnat.com
`
`Attorneys for Defendant Facebook, Inc.
`
`Exhibit 1 and 2 on Dennis Leinbaugh.
`
`
`
`
`OF COUNSEL:
`
`Heidi L. Keefe
`Sarah Whitney
`Elizabeth Stameshkin
`Andrew C. Mace
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`(650) 843-5000
`
`Phillip E. Morton
`COOLEY LLP
`1299 Pennsylvania Avenue, NW, Suite 700
`Washington, DC 20004
`(202) 842-7800
`
`Michael G. Rhodes
`COOLEY LLP
`101 California Street, 5th Floor
`San Francisco, CA 94111-5800
`
`July 12, 2017
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 2 of 13 PageID #: 2673
`Case 1:16-cv—00116-RGA Document 141 Filed 07/12/17 Page 2 of 13 PagelD #: 2673
`
`
`
`
`
`
`
`
`
`EXHIBIT 1
`
`EXHIBIT 1
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 3 of 13 PageID #: 2674
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`DISTRICT OF DELAWARE
`
`Civil Action No. 1:16-CV-116-RGA
`
`))))))
`
`
`
`SOUND VIEW INNOVATIONS, LLC
`Plaintiff
`v.
`
`FACEBOOK, INC.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`To: Dennis Leinbaugh
`c/o Desmarais LLP, 230 Park Avenue, New York, NY 10169
`(Name of person to whom this subpoena is directed)
` Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`Exhibit A
`
` Place: COOLEY LLP
`1114 Avenue of the Americas, New York, NY 10031
`
`Date and Time:
`07/24/2017 at 9:00 am
`
` Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
` Place:
`
`Date and Time:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), 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.
`Date: July 12, 2017
`
`CLERK OF COURT
`
`OR
`
`
`
`
`Attorney’s signature
`Signature of Clerk or Deputy Clerk
`Andrew C. Mace
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party) Facebook, Inc.
`
`, who issues or requests this subpoena, are:
`Andrew Mace (amace@cooley.com), COOLEY LLP, 3175 Hanover Street, Palo Alto, CA 94304, (650) 843-5000
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises 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).
`
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 4 of 13 PageID #: 2675
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`on (date)
`
` I served the subpoena by delivering a copy to the named person as follows:
`
`
`
`
` I returned the subpoena unexecuted because:
`
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $ 0.00
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`
`
`
`
`
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`Additional information regarding attempted service, etc.:
`
`
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 5 of 13 PageID #: 2676
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 3)
`
`Federal Rule of Civil Procedure 45
`
`(c) Place of Compliance.
`(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.
`
`(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 of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`(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 sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
`(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 of premises, 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 premises—or 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.
`
`(3) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`(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 of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(c), (d), (e), and (g) (Effective 12/1/13)
`(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) Specifying 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 cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Duties in Responding to a Subpoena.
`(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) Form for 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 Form. 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.
`
`(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 of privilege 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.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`
`
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 6 of 13 PageID #: 2677
`Case 1:16-cv—00116-RGA Document 141 Filed 07/12/17 Page 6 of 13 PagelD #: 2677
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 7 of 13 PageID #: 2678
`
`
`EXHIBIT A TO DOCUMENT SUBPOENA TO DENNIS W. LEINBAUGH
`
`I.
`
`DEFINITIONS AND INSTRUCTIONS
`
`“You” or “Your” means Dennis W. Leinbaugh.
`
`“’371 patent” means United States Patent No. 6,125,371 issued on Sep. 26, 2000
`
`1.
`
`2.
`
`entitled “System and Method for Aging Versions of Data in a Main Memory Database.”
`
`3.
`
`4.
`
`“Sound View” means Sound View Innovations, LLC.
`
`“Alcatel-Lucent” means Alcatel-Lucent S.A., and its parents, subsidiaries,
`
`predecessors, successors, and assigns.
`
`5.
`
`“Document” is defined to be synonymous in meaning and equal in scope to the
`
`usage of this term in Federal Rule of Civil Procedure 34. The term “document” also
`
`encompasses tangible things.
`
`6.
`
`“Litigation” means the action captioned Sound View Innovations, LLC v.
`
`Facebook, Inc., commenced in the U.S. District Court for the District of Delaware (No. 16-116-
`
`RGA).
`
`7.
`
`“’371 Inventors” means and refers to Philip L. Bohannon, Rajeev Rastogi,
`
`Srinivasan Seshadri, Abraham Silberschatz, and Sundarajarao Sudarshan.
`
`8.
`
`9.
`
`“Any” should be understood to include and encompass “all.”
`
`“Each” should be understood to include and encompass “every.”
`
`10.
`
`“And” as well as “or” should be construed disjunctively or conjunctively as
`
`necessary to bring within the scope of these requests any information that might otherwise be
`
`construed to be outside its scope.
`
`11.
`
`“Related Patent(s)/Application(s)” shall mean (a) all applications to which the
`
`’371 patent claim priority; (b) all divisional, continuation, and continuation-in-part applications
`
`
`
`
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 8 of 13 PageID #: 2679
`
`
`of any of the applications to which the ’371 patent claims priority or from which the ’371 patent
`
`issued; (c) any application that shares the same or substantially similar specification, or a portion
`
`thereof, as the ’371 patent; (d) all patents issuing from applications described in (a)-(c); (e) all
`
`reissues and reexaminations of the ’371 patent or any of the patents described in (d); and (f) all
`
`foreign counterpart patent applications and foreign counterpart patents to any of the patents or
`
`applications described in (a) or (e) above.
`
`12.
`
`“Person” means any natural person or any business, legal, or governmental entity
`
`or association.
`
`13.
`
`“Communication” or “Communications” refers
`
`to any form or
`
`type of
`
`communication, including but not limited to any of the following: (1) any letter, memorandum,
`
`electronic message or other Document whether typed, long hand or otherwise generated; (2) any
`
`telephone call between two or more Persons; and (3) any conversation or meeting between two
`
`or more Persons, whether or not such contact was by chance or pre-arranged, formal or informal.
`
`14.
`
`“Concerning” or “relating to” means, without limitation, identifying, describing,
`
`discussing, concerning, assessing, stating, reflecting, constituting, containing, embodying,
`
`tending to support or refute, or referring directly or indirectly to the particular subject matter
`
`identified.
`
`15.
`
`Documents from any single file should be produced in the same order as they
`
`were found in such file, including any labels, files, folders and/or containers in which such
`
`documents are located in or associated with. If copies of documents are produced in lieu of the
`
`originals, such copies should be legible and bound or stapled, or with similar breaks and
`
`groupings if produced electronically, in the same manner as the originals.
`
`
`
`
`
`
`
`2
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 9 of 13 PageID #: 2680
`
`
`II.
`
` REQUESTED DOCUMENTS
`
`1.
`
`All documents concerning information received by You from—or given by You
`
`to—a ’371 Inventor, or Alcatel-Lucent concerning the subject matter of the ’371 patent or any
`
`Related Patent/Application.
`
`2.
`
`All documents concerning communications between or among You, any other
`
`’371 Inventors, and/or Alcatel Lucent concerning the (a) the ’371 patent, (b) any Related
`
`Patents/Applications, and
`
`(c)
`
`the subject matter of
`
`the
`
`’371 patent or Related
`
`Patents/Applications.
`
`3.
`
`All documents concerning communications between You on the one hand, and
`
`any other ’371 Inventors, Sound View, Alcatel-Lucent or John Desmarais on the other hand
`
`regarding this litigation.
`
`4.
`
`To the extent not duplicative of previous requests, all documents concerning
`
`the ’371 patent.
`
`
`
`3
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 10 of 13 PageID #: 2681
`Case 1:16-cv—00116-RGA Document 141 Filed 07/12/17 Page 10 of 13 PagelD #: 2681
`
`
`
`
`
`
`
`
`
`EXHIBIT 2
`
`EXHIBIT 2
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 11 of 13 PageID #: 2682
`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`DISTRICT OF DELAWARE
`
`Civil Action No. 1:16-CV-116-RGA
`
`
`
`))))))
`
`SOUND VIEW INNOVATIONS, LLC
`Plaintiff
`v.
`
`FACEBOOK, INC.
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To: Dennis Leinbaugh
`c/o Desmarais LLP, 230 Park Avenue, New York, NY 10169
`(Name of person to whom this subpoena is directed)
` 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:
`
`
` Place: COOLEY LLP
`1114 Avenue of the Americas, New York, NY 10031
`
`Date and Time:
`July 28, 2017 at 9;00 am
`
`
`
`
`
`The deposition will be recorded by this method: Stenographic and videographic
`
` 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:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), 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.
`
`Date: July 12, 2017
`
`CLERK OF COURT
`
`OR
`
`
`
`Signature of Clerk or Deputy Clerk
`
`
`
`Attorney’s signature
`Andrew C. Mace
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party) Facebook, Inc.
`
`, who issues or requests this subpoena, are:
`Andrew Mace (amace@cooley.com), COOLEY LLP, 3175 Hanover St., Palo Alto, CA 94304, (650) 843-5000
`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).
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 12 of 13 PageID #: 2683
`
`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No.
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`on (date)
`
` I served the subpoena by delivering a copy to the named individual as follows:
`
`
`
`on (date)
`
`; or
`
` I returned the subpoena unexecuted because:
`
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $ 0.00
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`
`
`
`
`
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`Additional information regarding attempted service, etc.:
`
`
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`Case 1:16-cv-00116-RGA Document 141 Filed 07/12/17 Page 13 of 13 PageID #: 2684
`
`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`
`(c) Place of Compliance.
`
`(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.
`
`(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 of premises at the premises to be inspected.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(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) Specifying 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 cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`(e) Duties in Responding to a Subpoena.
`(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) Form for 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 Form. 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.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`(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 sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
`(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 of premises, 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 premises—or 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.
`
`(3) Quashing or Modifying a Subpoena.
`
`(A)When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`(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 of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`
`(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 of privilege 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.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`
`
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`