EFTA01119772.pdf

SUBPOENA DUCES TECUM IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS & ST. JOHN Matthew Mahaffey ) American Arbitration Association Claimant ) v. ) Case No. 32 IN 57 12 Plant Depot, Inc. and ) lames Templeton ) Defendants ) • SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION (Arbitration) Little St. James Island To: Brice M. Gordon Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: All invoices, account statements, contracts, order forms for the purchase of plants, plant supplies, materials or other products for landscaping work done between 2009 - 2012 by East Eathandsoaping Matthew Ma affey known to be affiliatedwithILMahaffey. Place: Date and Time: Law Offices of Richard P Boume-Vanneck June 6, 2012 by 5:00pm ,fPremises: 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 provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date: CLERK OF COURT Signature ofClerk or Deputy Clerk Attorney's signature Richard P. Bourne-Vanneck, Esq. .5/ 39fr /SCENE') KeeetioNi5+ MAY C 2012 EFTA01119772 American Arbitration Association Civil Action No.32 180 57 12 PROOF OF SERVICE (This section should not befiled with the court unless required by Fed. R. Civ. P. 45.) This subpoena for (name ofindividual and title, flew) was received by me on (date) • I served the subpoena by delivering a copy to the named person 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 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 $ 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 EFTA01119773  Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (d) Duties in Responding to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or (I) Producing Documents or Electronically Stored Information. attorney responsible for issuing and saving a subpoena must take These procedures apply to producing documents or electronically reasonable steps to avoid imposing undue burden or expense on a stored information: person subject to the subpoena. The issuing court must enforce this (A) Documents. A person responding to a subpoena to produce duty and impose an appropriate sanction — which may include lost documents must produce them as they are kept in the ordinary earnings and reasonable attorney's fees — on a party or attorney course of business or must organize and label them to correspond to who fails to comply. the categories in the demand. (2) Command to Produce Materials or Permit Inspection. (B) Formfor Producing Electronically StoredInformation Not (A) Appearance Not Required A person commanded to produce Specified If a subpoena does not specify a form for producing documents, electronically stored information, or tangible things, or electronically stored information, the person responding must to permit the inspection of premises, need not appear in person at the produce it in a form or forms in which it is ordinarily maintained or place of production or inspection unless also commanded to appear in a reasonably usable form or forms. for a deposition, hearing, or trial. (C) Electronically StoredInfortnation Producedin Only One (B) Objections. A person commanded to produce documents or Form. Thc person responding need not produce the same tangible things or to permit inspection may serve on the party or electronically stored information in more than one form. attorney designated in the subpoena a written objection to (D) Inaccessible Electronically StoredInformation. The person inspecting, copying, testing or sampling any or all of the materials or responding need not provide discovery of electronically stored to inspecting the premises — or to producing electronically stored information from sources that the person identifies as not reasonably information in the fonn or forms requested. The objection must be accessible because of undue burden or cost. On motion to compel served before the earlier of the time specified for compliance or 14 discovery or for a protective order, the person responding must show days after the subpoena is served. If an objection is made, the that the information is not reasonably accessible because of undue following rules apply: burden or cost. If that showing is made, the court may nonetheless (i) At any time, on notice to the commanded person, the serving order discovery from such sources if the requesting party shows party may move the issuing court for an order compelling production good cause, considering the limitations of Rule 26(bX2)(C). Thc or inspection. court may specify conditions for the discovery. (ii) These acts may be required only as directed in the order, and (2) Claiming Privilege or Protection. the order must protect a person who is neither a party nor a party's (A) Wormation Withheld. A person withholding subpoenaed officer from significant expense resulting from compliance. information under a claim that it is privileged or subject to (3) Quashing or Modifring a Subpoena. protection as trial-preparation material must: (A) When Required On timely motion, the issuing court must (i) expressly make the claim; and quash or modify a subpoena that: (ii) describe the nature of the withheld documents, (i) fails to allow a reasonable time to comply; communications, or tangible things in a manner that, without (ii) requires a person who is neither a party nor a party's officer revealing information itself privileged or protected, will enable the to travel more than 100 miles from where that person resides, is parties to assess the claim. employed, or regularly transacts business in person— except that, (B) Information Produced. If information produced in response to a subject to Rule 45(c)(3)(B)(iii), the person may be commanded to subpoena is subject to a claim of privilege or of protection as trial- attend a trial by traveling from any such place within the state where preparation material, the person making the claim may notify any the trial is held; party that received the information of the claim and the basis for it. (Hi) requires disclosure of privileged or other protected matter, if Alla being notified, a party must promptly return, sequester, or no exception or waiver applies; or destroy the specified information and any copies it has; must not use (iv) subjects a person to undue burden. or disclose the information until the claim is resolved; must take (B) IVhen Permitted. To protect a person subject to or affected by reasonable steps to retrieve the information if the party disclosed it a subpoena, the issuing court may, on motion, quash or modify the before being notified; and may promptly present the information to subpoena if it requires: the court under seal for a determination of the claim. The person (i) disclosing a trade secret or other confidential research, who produced the information must preserve the information until development, or commercial information; the claim is resolved. (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from (e) Contempt. The issuing court may hold in contempt a person the expert's study that was not requested by a party; or who, having been served, fails without adequate excuse to obey the (iii) a person who is neither a party nor a party's officer to incur subpoena. A nonparty's failure to obey must be excused if the substantial expense to travel more than 100 miles to attend trial. subpoena purports to require the nonparty to attend or produce at a (C) Specking Conditions as an Alternative. In the circumstances place outside the limits of Rule 45(c)(3)(A)(ii). described in Rule 45(c)(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. EFTA01119774