A0 88A (Rev. 02!] 4) Subpoena to 'l‘estil3« at n Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`Northern District of Alabama
`
`CABLZ, Inc.
`Pla'in!rfl'
`V
`cuums, lnc.
`
`Defiartdrrnf
`
`Civil Action No.
`
`2114-CV-00091
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`Croakies, 2: Wyoming corporation
`
`(Name ofperson to whom this subpoena is directed)
`
`'
`
`if 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 ofiicers, 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:
`
`t S 1 4200
`Place: zglgnathgwllfiii Eng‘
`UI e
`ou
`I ow roe ,
`.#dH__—-__
`.A_ WY 83001
`The deposition will be recorded by this method:
`
`d.
`
`-l‘)ate and Tmié:
`
`V‘
`,
`05/0"..‘3.l.20’l4 9.30 amd.-:-W
`Video *'=_‘_[‘d/0’ 3t9"°9'§‘,Eh9’/°°”” ’9E‘_"'t9'
`
`H
`
`Rf 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 attached "Exhibit B"
`.
`
`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: 5 3
`
`CLERK OF COURT
`
`Signature ofClerk or Depury Clerk '
`
`I
`
`Am»-ney's signrrmre
`
`The name, address, e-mail address, and telephone numberofthe attorneyrei ing (nameafpurty)
`
`, wh sues or requests this subpoena, are:
`_‘
`M
`__‘_
`__
`Jonathan C. "Rudy" Hill, 445 Dexter Avenue, Suite 9075 Montgomery, AL 36104, rhi|I@babc.com, 334-956-7660
`
`____ Cablz, lnc.
`
`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).
`
`Page 1
`
`CABLZ EX 2002
`
`

`
`A0 BEA (Rev. 02./14) Subpoena to Tesliry at a Deposition in a Civil Action (Page 2)
`
`Civil AetionNo. 2:14-CV-00091
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 45.)
`
`PROOF OF SERVICE
`
`I received this subpoena for (name afindividual and me, ifrmy)
`
`on (date)
`
`E]
`
`I served the subpoena by delivering a copy to the named individual as follows:
`
`III I retumed 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, l have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$h
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`_9~.‘£_ '—
`
`I declare under penalty of per] my that this information is true.
`
`_
`
`Server '.v slgntmwe
`
`Printed name and rifle
`
`Server is address
`
`Additional information regarding attempted service, etc.:
`
`Page 2
`
`CABLZ EX 2002
`
`

`
`A0 SBA (Rev, 02114) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`
`Federal Rule of Civil Procedure 45 (c), (d), (c), and (g) (Effective 12/1/13)
`
`(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 I00 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
`transects business in person, ifthc person
`(i) is a party or a party’s officer; or
`(ii) is commanded to attend atrial and would not incur substantial
`expense.
`
`(2) For Orlrer Discovery. A subpoena my command:
`(A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles ofwherc the person resides, is
`employed, or regularly lmnsncls business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(tl) Protecting a Person Su hjcct to a subpoena; Enibrccment.
`
`(1) Avoiding Undue Burden or Expense; Suucrions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on rt person so bjecl to the
`subpoena. The court for the district where compliance is required must
`on force this duty and impose an appropriate sanclion—which may include
`lost earnings and reason able attorney's fecs—on a party or attorney who
`fails to comply,
`
`(2) Commrmd no Produce Materials or Permit Iru-pecrlon.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored inforrnation, or tangible things, or to
`pennit 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 pennit 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 sewed before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. if an objection is made,
`the following mics apply:
`(D At any time, on notice to the commanded person, the serving pony
`may move the court for the districtwhcre 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 front compliance.
`
`(3) Qrmsltlng orModmztng a Snbpoerrrr.
`
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quznh or modify a subpoena that:
`
`(I) fails to allow a reasonable time to comply;
`(ii) requires a person lo comply beyond the geographical limits
`specified in Rule 45(6);
`(Ill) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permnred. 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 conlidential research, development,
`or commercial infomiation‘, or
`(ll) disclosing an unretaincd expert's opinion or information that does
`not describe specific occurrences in dispute and results from the cxpcrfs
`study that was not requested by a pony.
`(C) Specuj-vr‘ng Condllions as an Allernarivc. In the circu mstanccs
`described in Rule -l5(d)(3)(B). the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the sewing 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) Dulles In Responding to II Subpoena.
`
`(1) Producing Docnmenls orElecrranlca!Iy Stored’ Informrrflon. 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 ofbusincss or
`must organize and label them to correspond to the categories in the demand.
`(B) For-m_]’or Pradrrcing Elecn'onIcalIy Stored’ Information No! Specified.
`lfa subpoena does not specify a form for producing electronically stored
`infomiation, the person responding must produce it in a fonn or l'orms in
`which it is ordinarily maintained or in a reasonably usable form or Forms.
`(C) Electronically Stored lnjbrnrarion Produced In Only One Form, The
`person responding need not produce the some clcctmnically stored
`information in more than one form.
`(D) Inacae.t'.!ib!e Electronically Stored Information. The person
`responding need not provide discovery ofclcotroniealiy stored information
`from sources that the person identities 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 ofundue burden or cost. If that showing is
`made, the court may nonetheless order discovery l'rom such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The coon may specify conditions for the discovery.
`
`.
`(2) Claiming Privilege or Protection.
`(A) lnfommrlon Wilhlreld. A person withholding subpoenaed in formation
`under a claim that it is privileged or subject to protection as triahpreparation
`material must:
`(l) expressly make the claim; and
`(ll) describe the nature ofthe 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 infonnation of the claim and the basis for it After being
`notified, it 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
`produfiedd the information must preserve the inforrnation until the claim is
`rcsolv
`.
`(g) Contcm pl.
`The court for the district where compliance is rcquircd——and also, alter 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.
`
`E.
`
`For access to subpoena materials, sec Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`Page 3
`
`CABLZ EX 2002
`
`

`
`EXHIBIT A
`
`INSTRUCTIONS ANDI DEFINITIONS
`
`1.
`
`The term “YO ” (and any form thereof set forth entirely in capital
`
`letters) means and refers to Croakies and any PERSON acting on behalf of or
`
`purporting to act on behalf of Croakies, including, but not limited to, Croakiesfs
`
`agents,
`
`accountants,
`
`representatives,
`
`employees,
`
`investigators,
`
`and, ' unless
`
`privileged, attorneys.
`
`2.
`
`The term “PERSON” (and any form thereof set forth entirely in
`
`capital
`
`letters) means and refers to natural persons, governmental entities (or
`
`agencies thereof), quasi-public entities, trusts, estates, corporations, partnerships,
`
`proprietorships, ventures, and all other forms of organizations, associations,
`
`business entities, groups, or groups of persons.
`
`3.
`
`The term “DOCUMENT” (and any form thereof set forth entirely in
`
`capital letters) means and refers to the broadest permissible definition of the term
`
`“documents” set forth in Rule 34 of the Federal Rules of Civil Procedure,
`
`including, but not limited to, accounts, affidavits, agreements, books, books of
`
`accounts, cassette tapes, checks, compact discs, computer stored or carried data
`
`(whether stored on tape, disk, memory device or otherwise), contracts, copies,
`
`correspondence, deeds, diaries, digital files, digital video discs, drafts, drawings,
`
`emails, electronic data, electronic files, electronic media, facsimiles, files, films,
`
`I /2622828.!
`
`Page 4
`
`CABLZ EX 2002
`
`

`
`images, interviews, investigations, journals, leases, ledgers, letters, manuscripts,
`
`maps, memoranda, microfiche, microfilm, minutes, notes, papers, patents,
`
`photocopies, photographs, pictures,
`
`receipts,
`
`recordings,
`
`records,
`
`records of
`
`telephone conversations,
`
`regulations,
`
`reports,
`
`reports of examinations, sound
`
`recordings, statements, statutes, summaries, summaries of telephone conversations,
`
`tape recordings,
`
`tapes,
`
`telecommunication transmissions,
`
`telefaxes,
`
`telegrams,
`
`telephone messages, telexes, transcripts, videotapes, voice messages, workbooks,
`
`worksheets, and writings of any kind.
`
`“DOCUMENTS” also includes any
`
`summaries, compilations, or indices of DOCUMENTS.
`
`4.
`
`The term “THINGS” (and any form thereof set forth entirely in capital
`
`letters) means and refers to any tangible objects not included within the definition
`
`of the term DOCUMENT in Paragraph 3, above.
`
`5.
`
`Where knowledge or
`
`information is
`
`requested,
`
`such discovery
`
`requests include knowledge or information within the possession, custody, or
`
`control of YOU or YOUR agents, accountants,
`
`representatives, employees,
`
`investigators, and, unless privileged, attorneys. Should YOU be aware of the
`
`existence of information responsive to a discovery request, but, for whatever cause,
`
`be unable to answer or respond to the same, YOU shall IDENTIFY those
`
`PERSONS believed to have the information requested. Where facts set forth in the
`
`answers or responses, or portions thereof, are supplied upon information and
`
`I/2622828.!
`
`Page 5
`
`CABLZ EX 2002
`
`

`
`belief, rather than upon personal knowledge, YOU should so state and specifically
`
`IDENTIFY and describe the source or sources of such infomiation and belief.
`
`6.
`
`For information and/or DOCUMENTS and/or THINGS withheld on
`
`the grounds of privilege or work product, YOU are requested, pursuant to Rule
`
`26(b)(5)(A) of the Federal Rules of Civil Procedure, to support such a clairn by a
`
`description of
`
`the nature of
`
`the
`
`alleged privileged information and/or
`
`DOCUMENTS, communications, or THINGS not provided sufficient to enable the
`
`requesting party to contest the claim,
`
`including the date, type of information,
`
`DOCUMENT, or THING, author, recipient, and general subject matter.
`
`7.
`
`If YOU have multiple copies of a DOCUMENT or THING that any of
`
`the following discovery requests require YOU to IDENTIFY and/or produce, YOU
`
`shall IDENTIFY and/or produce all nor1—ide1’1tical copies (whether different from
`
`the originals because of notes made on such copies or otherwise) of any such
`
`DOCUMENT or THING.
`
`8.
`
`Each request
`
`for production contemplates production of
`
`the
`
`DOCUMENT or THING in its entirety, without abbreviation or expurgation.
`
`9.
`
`The term “‘268 Patent” means and refers to U.S. Patent No.
`
`8,366,268.
`
`10.
`
`The term “Chums” shall mean and refer to Chums, Inc., and its
`
`directors, officers, employees, and agents.
`
`I/2622828.l
`
`Page 6
`
`CABLZ EX 2002
`
`

`
`Any alleged prior art to the ‘268 Patent that Croakies contends renders U.S.
`
`Pat. No. 8,366,268 (the ‘268 Patent) invalid, either alone or in combination with
`
`other prior art references.
`
`Plaintiff requests Croakies to designate one or more persons knowledgable
`
`regarding, and who consents to testify on its behalf, about the following categories:
`
`1.
`
`That certain “Leather Spec Cord” Croakies product which John. Krisik
`
`of Croakies sent by mail to Ron Williams of Cablz on or about February 15, 2014.
`
`2.
`
`Any other product sold by Croakies before May 8, 2007, that Croakies
`
`contends is relevant to the validity of the ‘268 Patent, including the Croakies Spec
`
`Cord Eyewear Retainer, the Croakies Terra Cord Eyewear Retainer, the Croakies
`
`Neoprene Eyewear Retainer, and the Croakies Micro Suiter Eyewear Retainer.
`
`3.
`
`Any product sold by others before May 8, 2007,
`
`that Croakies
`
`contends is relevant to the validity of the ‘268 Patent.
`
`4.
`
`Any other ground on which Croakies contends that the ‘268 Patent is
`
`invalid.
`
`5.
`
`The materials from which Croakies made eyewear retainers before
`
`May 8, 2007.
`
`6.
`
`Any communications with Chums,
`
`Inc.
`
`regarding the above-
`
`referenced case.
`
`I /26Z2828.l
`
`Page 7
`
`CABLZ EX 2002
`
`

`
`7.
`
`Any communications with any third party regarding the above-
`
`referenced case.
`
`8.
`
`Any discussions with Chums or Chums’s counsel regarding potential
`
`testimony, including the subjects of such testimony, by Crcakies at the trial of the
`
`above-referenced case.
`
`9.
`
`Any communications between counsel for Croakies and counsel for
`
`Chums regarding the above-referenced case.
`
`U2622828 . l
`
`Page 8
`
`CABLZ EX 2002
`
`

`
`EXHIBIT B
`
`INSTRUCTIONS AND DEFINITIONS
`
`1.
`
`The term “YOU” (and any form thereof set forth entirely in capital
`
`letters) means and refers to Croakies and any PERSON acting on behalf of or
`
`purporting to act on behalf of Croakies, including, but not limited to, Croakies’s
`
`agents,
`
`accountants,
`
`representatives,
`
`employees,
`
`investigators,
`
`and, unless
`
`privileged, attorneys.
`
`2.
`
`The term “PERSON” (and any form thereof set forth entirely in
`
`capital
`
`letters) means and refers to natural persons, governmental entities (or
`
`agencies thereof), quasi-public entities, trusts, estates, corporations, partnerships,
`
`proprietoiships, ventures, and all other forms of organizations, associations,
`
`business entities, groups, or groups of persons.
`
`3.
`
`The term “DOCUMENT” (and any form thereof set forth entirely in
`
`capital letters) means and refers to the broadest permissible definition of the term
`
`“documents” set forth in Rule 34 of the Federal Rules of Civil Procedure,
`
`including, but not limited to, accounts, affidavits, agreements, books, books of
`
`accounts, cassette tapes, checks, compact discs, computer stored or carried data
`
`(whether stored on tape, disk, memory device or otherwise), contracts, copies,
`
`correspondence, deeds, diaries, digital files, digital video discs, drafts, drawings,
`
`emails, electronic data, electronic files, electronic media, facsimiles, files, films,
`
`|f262l792.|
`
`Page 9
`
`CABLZ EX 2002
`
`

`
`images, interviews, investigations, journals, leases, ledgers, letters, manuscripts,
`
`maps, memoranda, microfiche, microfilm, minutes, notes, papers, patents,
`
`photocopies, photographs, pictures,
`
`receipts,
`
`recordings,
`
`records,
`
`records of
`
`telephone conversations,
`
`regulations, reports, reports of examinations, sound
`
`recordings, statements, statutes, summaries, summaries of telephone conversations,
`
`tape recordings,
`
`tapes,
`
`telecommunication transmissions,
`
`telefaxes,
`
`telegrams,
`
`telephone messages, telexes, transcripts, videotapes, voice messages, workbooks,
`
`worksheets, and writings of any kind.
`
`“DOCUMENTS” also includes any
`
`summaries, compilations, or indices of DOCUMENTS.
`
`4.
`The term “THINGS” (and any form thereof set forth entirely in capital
`letters) means and refers to any tangible objects not included within the definition
`
`of the term DOCUMENT in Paragraph 3, above.
`
`5.
`
`Where knowledge or
`
`information is
`
`requested,
`
`such discovery
`
`requests include knowledge or information within the possession, custody, or
`
`control of YOU or YOUR agents, accountants,
`
`representatives, employees,
`
`investigators, and, unless privileged, attorneys.
`
`Should YOU be aware of the
`
`existence of information responsive to a discovery request, but, for whatever cause,
`
`be unable to answer or respond to the same, YOU shall IDENTIFY those
`
`PERSONS believed to have the information requested. Where facts set forth in the
`
`answers or responses, or portions thereof, are supplied upon information and
`
`1/262l792.l
`
`Page 10
`
`CABLZ EX 2002
`
`

`
`belief, rather than upon personal knowledge, YOU should so state and specifically
`
`IDENTIFY and describe the source or sources of such information and belief.
`
`6.
`
`For information and/or DOCUMENTS and/or THINGS withheld on
`
`the grounds of privilege or work product, YOU are requested, pursuant to Rule
`
`26(b)(5)(A) of the Federal Rules of Civil Procedure, to support such a claim by a
`
`description of
`
`the nature of
`
`the
`
`alleged privileged information and/or
`
`DOCUMENTS, communications, or THINGS not provided sufficient to enable the
`
`requesting party to contest the claim,
`
`including the date, type of information,
`
`DOCUMENT, or THING, author, recipient, and general subject matter.
`
`7.
`
`If YOU have multiple copies of a DOCUMENT or THING that any of
`
`the following discovery requests require YOU to IDENTIFY and/or produce, YOU
`
`shall IDENTIFY and/or produce all non-identical copies (whether different from
`
`the originals because of notes made on such copies or otherwise) of any such
`
`DOCUMENT or THING.
`
`8.
`
`Each request
`
`for production contemplates production of
`
`the
`
`DOCUMENT or THING in its entirety, without abbreviation or expurgation.
`
`9.
`
`The term “‘268 Patent” means and refers to US. Patent No.
`
`8,366,268.
`
`10.
`
`The term “Chums” shall mean and refer to Chums, Inc., and its
`
`directors, officers, employees, and agents.
`
`lI262I792.l
`
`Page 11
`
`CABLZ EX 2002
`
`

`
`Plaintiff requests Croakies to produce documents and things falling within
`
`these categories:
`
`1.
`
`Any alleged prior art to the ‘268 Patent that Croakies contends renders
`
`U.S. Pat. No. 8,366,268 (the ‘268 Patent) invalid, either alone or in combination
`
`with other prior art references.
`
`2.
`
`That certain “Leather Spec Cord” Croakies product which John Krisik
`
`ofC1‘oakies sent by mail to Ron Williams of Cablz on or about February 15, 2014.
`
`3.
`
`Any other product sold by Croakies before May 8, 2007, that Croakies
`
`contends is relevant to the Validity of the ‘268 Patent, including the Croakies Spec
`
`Cord Eyewear Retainer, the Croakies Terra Cord Eyewear Retainer, the Croakies
`
`Neoprene Eyewear Retainer, and the Croakies Micro Suiter Eyewear Retainer.
`
`4.
`
`Any product sold by others before May 8, 2007,
`
`that Croakies
`
`contends is relevant to the validity of the ‘268 Patent.
`
`5.
`
`The materials from which Croakies made eyewear retainers before
`
`May 8, 2007.
`
`6.
`
`Any communications with Chums,
`
`Inc.
`
`regarding the above
`
`referenced case.
`
`.
`
`7.
`
`Any communications with any third party regarding the above-
`
`referenced case.
`
`ll262t792.1
`
`Page 12
`
`CABLZ EX 2002
`
`

`
`Any communications between counsel for Croakies and counsel for
`
`Chums regarding the above-referenced case.
`
`Page 13
`
`CABLZ EX 2002