A0 88A (Rev. 02/14) Subpoena to Testify at n Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`Northem District of Alabama
`
`OABLZ. Inc.
`
`Plaimlfi
`‘V
`
`' CHUMS, Inc.
`
`Defendant
`
`Civil Action No.
`
`2314-CV-00091
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`John Krisik (an individual)
`
`(Ndiite cfperron to whom !h1.r subpoena is directed?
`
`M’ Te.rtirnony: 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. Ifyou 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: 2;gr‘ th W33" [[311
`t S H M200
`on
`1 ow ree,
`u e
`iiqgkson’ WY 83001..”
`
`Date and Time:
`
`0
`_
`06lbl’.il'?014 1.30 pm
`
`The deposition will be recorded by this method: Vid°° a“dI°" 5t3"99""3Ph°“'°°”” reporter
`
`El’ 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 "EXi'llbit A"
`
`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.
`
`Date:
`
`CLERK OF COURT
`
`Signature ofClerk or Deputy Clerk
`
`Attorney is signanlre
`
`'
`
`CabiZ- 1”‘?-
`ting (name ofparry)
`The name, address, e-mail address, and telephone number of the attorney rep
`, who issues or requests this subpoena, are:
`Jonathan c. "Rudy" Hill, 445 Dexter Avenue, Suite 9075 Montgomery, AL 36104 rhill@babc.com, 334-956-7660
`
`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 2003
`
`

`
`A0 BSA (Rev. (W14) Subpoena to Testify at I1 Deposition in a Civil Action (Page 2)
`
`Civil Action No. 2314'CV'°°09l
`
`(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 oflndividual and title, ifany)
`
`on (date)
`
`I3 I returned the subpoena unexecuted because:
`
`Unless the subpoena was issued on behalf ofthe United States, or one of its officers or agents, I have also
`tendered to the witness the lies 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.
`
`Sewer’: signature
`
`Primed name and title
`
`Server '.r address
`
`Additional information regarding attempted service, etc.:
`
`Page 2
`
`CABLZ EX 2003
`
`

`
`A0 88A (Rev, 02114) Subpoena to Testify at a Deposition in it Civil Action (Page 3)
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`
`(e) Place ofcomplla nee.
`
`(I) For rr Trial, Hearing, or Deposition. A subpoena may command a
`person to ltcnd a trial, hearing, or deposition only as follows:
`(A) within ll)0 miles of where the person resides, is cn'rp!oycd,»or
`regularly trrrrrsncts business in person; or
`(B) within the state where the poison resides, is employed, or regularly
`trnrrsacls business in person, ifthe person
`(I) is it party or a party's officer, or
`(ii) is commanded to attend a trial and would not incur substantial
`expense.
`
`(2) For Other Dircavay. A subpoena may command:
`(A) production of docrlrncnls, electronically stored information, or
`tangible things at a place within l00 miles of where the person resides, is
`employed, or regularly transects business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(d) Protoclirrg a Person Subject to a Subpoena; Enforrccment.
`
`(I) Avoiding Undue Brmlen ar E.‘.\'pert.re.' Srrrrctlons. A party or attorney
`responsible for issuing and sewing a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to thc
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanctiou—which may include
`lost earnings and reasonable attorney’s fees-—on a party or attorney who
`fails to comply.
`
`(2) Cornmarrd to Produce Mrrra-lair or Permit Inspection.
`(A) Appearance Na! Reqrrrred. 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 lot a doposition,
`hearing, or trial.
`(B) Objecticm-. 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 ofthe materials or to inspecting the premiscs—or to
`producing electronically stored infonnution in the form or forms requested.
`The objection must be served before the earlier ol'Ihe time specified for
`compliance or 14 days after the subpoena is scrved. If an objection is made,
`the following mics 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.
`(ll) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor is party's officer from
`significant expense resulting from compliance.
`
`(3) Qurrtrlrlrrg or Morllfying at Sr:bpoerra.
`
`(A) When Required. Oh 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 compty beyond the geographical limits
`specified in Rule 4S(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, quasi: or modify the subpoena if it requires:
`
`(I) disclosing a trade secret or other con lldential research. ll€V¢‘-lfllimcnl.
`or commercial inI‘on-nation; or
`(ii) disclosing an rrnrclairrcd expert’: 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) Specbfylng Conditions as an Alternative. In the circumstances
`described in Rule 4S(d)(3)(B), the court may, instead of qnashing 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 metwilhout undue hrudship; and
`(it) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Dulles ln Responding to a Srbpoerrrr.
`
`(1) Prruiuclrrg Documents arElectranlr:rrIly Storcrl Irrformrrrian. These
`procedures apply to producing documents or electronically stored
`information:
`'
`(A) Documents. A person responding to it 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) Famrfar Prorlrrcing Electronically Stored Information No! Specllleai
`lfa subpoena does not specify tr form for producing electronically stored
`inforrnution, the person responding must produce it in a fonn or forms in
`udrich it is ordinarily maintained or in a reasonably usnblc form or forms.
`(C) Electronically Slared lnjbrrrraiian Produced in Only One Fan». The
`person responding need not produce the some electronically stored
`inlorrnulion in more than one form.
`(D) inaccessible Electronically Stored information. The person
`responding need not provide discovery ofclcctronieally 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 Ihatlhe information is not
`reasonably accessible bwanse ofunduc burden or cost. If that showing is
`made, the court may nonetheless order discovcryfrom 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) Cirrirrrlng Privilege or Protection.
`(A) lryfomration Willrlreld. A persnrr 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 docurrreuts, communications, or
`tangible things in a manner that, without revealing infonnation llsclf
`privileged or protected, will enable the parties to assess thc claim.
`(B) lqfarrnarlan Produced. ll‘ infonnatlon produced in response to a
`subpoena is subject to a claim of privilege or ofprolection 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; most 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 inl'on-nation under seal to the court for the district where
`compliance is required liar rs determination of the claim. The person who
`produced the inl'on-rrrrtion must preserve the infomration until the claim is
`resolved.
`-
`
`>
`_
`lg) Con tempt.
`The court for die district where compliance is requrrcd—and also, after a
`motion is transferred, the issuing court-—may hold in contempt rs person
`who, having been served, fa ils without adequate excuse to obey the
`subpoena or an order related to it.
`
`l:__::;_
`
`‘or access to subpoena rmterials, see Fed. R. Civ. P. -‘lS(a) Committee Note (20l3).
`
`Page 3
`
`CABLZ EX 2003
`
`

`
`EXHIBIT A
`
`INSTRUCTIONS AND DEFINITIONS
`
`1.
`
`The term “YOU” (and any form thereof set forth entirely in capital
`
`letters) means and refers to John Krisik, an individual.
`
`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,
`
`images, interviews, investigations, journals, leases, ledgers, letters, manuscripts,
`
`maps, memoranda, microfiche, microfilm, minutes, notes, papers, patents,
`
`photocopies, photographs, pictures,
`
`receipts,
`
`recordings,
`
`records,
`
`records of
`
`10621795. I
`
`Page 4
`
`CABLZ EX 2003
`
`

`
`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
`
`belief, rather than upon personal knowledge, YOU should so state and specifically
`
`IDENTIFY and describe the source or sources of such information and belief.
`
`1/262l795.l
`
`Page 5
`
`CABLZ EX 2003
`
`

`
`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 andfor 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 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.
`
`U262l'I95.I
`
`Page 6
`
`CABLZ EX 2003
`
`

`
`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 John Krisik, an individual,
`
`to produce documents,
`
`electronically stored information, or objects regarding 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.
`
`A Any other product sold by Croakies before May 8, 2007, that Croakies
`
`contends is relevant to the validity of the ‘Z68 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 Croaldes made eyewear retainers before
`
`May 8, 2007.
`
`6.
`
`Any communications with Chums,
`
`Inc.
`
`regarding the
`
`above-
`
`referenced case.
`
`I/262!795.l
`
`Page 7
`
`CABLZ EX 2003
`
`

`
`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 Croakies at the trial of the
`
`above—referenced case.
`
`9.
`
`‘Any communications between counsel for Croakies and counsel for
`
`Chums regarding the above»referenced case.
`
`1/762] 795.]
`
`Page 8
`
`CABLZ EX 2003