Veterans for Common Sense et al v. Nicholson et al

Filing 156

Veterans for Common Sense et al v. Nicholson et al

Doc. 156 Att. 1

AFFIDAVIT OF PROCESS SERVER
United States District Court
Veterans for Common Sense and Veterans United for Truth, Inc.

District Of Columbia
Attorney:

Plaintiff
VS.

Morrison & Foerster LLP Alexandria Amezcua 425 Market St. San Francisco, CA. 94 105

James B. Peake, Secretary of Veterans Affairs, et al

Defendant
Case Numbet: C-07-3758SC Court 1 Appearance Date: 03-03-2008 Court Time: 09:30 am

Legal documents received by Same D y Process Service on February 27th 2008 at 3:05 PM to be served upon Tony a Guagliardo, Director of Business Policy, Department of Veterans Affairs at 810 Vermont Ave., NW, Washington, DC. 20420
I, B. Tony Saesko, swear and affirm that on February 27th, 2008 st 4 0 5 PM, Idid the following:
Individually Served Joy Muhammad, General Counsel's Office the person authorized to accept on behalf of Tony Guagliardo of the legal document with this Subpoena in a Civil Case at the above address. Description of Person Accepting Service: Sex: Fernab Age: 45 Height: 5'5 Weight: 145 Skin Color:Black Hair Color: Black Glasses: N Supplemental Data Appropriate to this Service: Paid $80.00in witness fees.

I declare under penalty of perjury under the laws of the that the foregoing information contained in this affidavit is true and correct and that I am a professional process server over the age of 18 and have no interest in the above legal matter.

Wrlct of Columbia: SB Subwribed and Sworn to kfwr me,

ws ~
Process Server

7

~ O( ~ ' & ~ U A~( I Y d a

% ,d

Same Day Process Service
1322 Maryland Ave., NIE Washington, DC 20002
[phone]

Michael Molash, Ndary blic, My commission expires July 14, 2012

..

Internal Job ID: 0000007800

Copyright 8 2005-2007 Proc-sss Scner Ccnlrel, LLC.A11 rights tcsewed.

Dockets.Justia.com

Same Day Process Service
1322 Maryland Ave., NE Washington, DC 20002 Phone [phone] Fax [phone]

INVOICE
INVOICE #000007800

DATE FEBRUARY 27,2008
FElN 14-1937022
CLIENT BILLED: Alexandria Amezcua Morrison & Foerster LLP 425 Market St. San Francisco, CA 94105 CASE INFORMATION: C-07-3758 SC

Plaintiff: Veterans for Common Sense and Veterans United for Truth, lnc.
Defendant: James B. Peake, Secretary of Veterans Affairs, et al Received: 02-27-2008 Completed: 02-27-2008

To be served on: Tony Guagliardo, Director of Business Policy, Department of Veterans Affairs

CLIENT REFERENCE NUMBER

REQUlSlTlONER

TERMS Due on 03-13-2008 UNIT PRICE $80.00 $75.00 $50.00 TOTAL $80.00 $75.00 $50.00

*

QUANTITY 1.OO 1 .OO 1.OO ." PAYMENTS

DESCRIPTION Advanced W i e s s Fee Process Service Fee Rush Service Fee

1 DATE

I CHECK NO. 1 AMOUNT
SUBTOTAL $205.00 SALES TAX $0.00 RETAINER PAID $0.00
TOTAL DUE

I

$205.00

COMMENTS OR SPECIAL INSTRUCTIONS:

Make all checks payable to Same Day Process Service. Please enclose a copy of this invoice with your payment.
Payment of this invoice is not contingent on reimbursement from your client. If you have any questions concerning this invoice, contad: Tony Snesko. 202-398-4200, [e-mail]
Thank yw for your burlnassl
Copyright O 20056007 Process Sewer Central, LLC. All rights resewed.

OAO 88 (Rev. 1210606)Subpoena in a CiviI Case

Issued by the

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBLA VETERANS FOR COMMON SENSE and VETERANS UNITED FOR TRUTH, 1NC.

v.
JAMES B. PEAKE, Secretary of Veterans Affairs, et al.

SUBPOENA IN A CIVIL CASE
Case Number: District of California
C-07-3758 SC

' Case pending in USDC Northern

TO: Tony Guagliardo, Director of Business Policy, Department of Veterans Affairs, 810 Vermont Ave. NW, Washington DC, 20420;
202,254.0406

IXI

YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testify in the above case.
COllRTROOM

PlACE OF TESTIMONY

U. S. District Court, Northern District of California 450 Golden Gate Avenue San Francisco, California 94 I02

Courtroom I , 17Lh floor
DA'SE AND TIME

3/3/08; 9:30 am

d

YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
DATE AND TIME
1

I'LACE OF DEPOSITION

YOU ARE COMMANDED to produce and permit inspection and copying of the fol1owing documents or objects at the place. date, and time specified below (list documents or objects):

f LACE
I

DATE AND TIME

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES
DATE AND TIME

Any organization not a party to this suit that is subpoenaed far the taking of a deposition shall designate one or more oficers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testib. FedcraI Rules of Civil Procedure, 30(b)(6).
ISSUING OWICER'S SIGNATURE AND TITLE {MDICATE IF ATTURNEY FOR PLAINTIA: OR DEFENDANT)

I DATE
February 27,2008

Attorney for Plaintiffs
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

Alexandria A. Amezcua (SBN 247507) Morrison & ~oersier LLP 425 Market Street, San Francisco CA 94 105-2482 4 15.268.7000
(See Rule 45, Federal Rules of Civil Procedure. Subdivisions (c),

(d), and (e). on nex! pay)

' If action is pcoding in district other than districtof issuance, state district under case number.

A 0 88 lKev 12/08) Subaocna in a Civil Cue

PROOF OF SERVICE
DATE

PLACE

SERVED:
SERVED ON (PRINT NAME)

MANNER OF SERVICE

SERVED BY (PRINT NAME)

TlTLE

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1,2006:
(c) PltO'rECTION OF PERSONS SUBJECTTO SUBPOENAS, (I) A pany or s r attorney rwponsrhle for the issuancs and snricc of a subpoona shall fakc reasonable steps to avoid imposing undue burden or expense on a peason subject to that subpoena. 7 court on behalf of which the sububpoena was issued shall enforce this duly and k impose upon the party or attomey in bnach of this duly an appmpriate sanction, which may ~nclude, is not Itmitcul to, lost earnings and a reasonable aRomey's fee. bilt (21 (A) A person oommanded to produce and permit inspcftion, copying, tatin& or wnpliny of designated e~ectronically slnred information, books, papers, documents or tangible thing, or inspection of premises need not appear in person at the plaoe of pmductron or inspeclion rrnless commanded to appear for deposir~on. hearing or Wal. (B)Siibjwl lo paragraph (dNZ) of tliis nd+ a pnson m~nmandcd pmd11ce and permit to hspeeriort, wpy~ng, tmting, or smpl~ng withrn 14 days a R e r m c e orthe subpaena or before may, t tlrc trme xpcciticd for complranw !f such t ~ m 1s ksr than 14 days atter service, serve upon the Party or attomc?r d e s l w t d ln the sllbpocna wnfien ob~cdlon producrny any alt of the to or to producing electtoniedly stored destynrted matercals or rnspcctran d lhc pmiser informalron in the form ur foms reqitcsted. l~objccnonis made, the m y servrng the subpoena he shall not be bentitled lo rnupcct. copy, tcst, or ~an~ple malenals or inspect the premises exccpt punuanl to an order dtlte court by which the subyoena was r i .If objection has been made, sd tl~c a l t y ~ sewtnb the subpoena may, 11pon notree lo the person commanded to pmduce, move at any time for an ordcr to compel the pmductlon, lnspection, cop3cing. lerting, Or sEImPlin8, shall protect any pewn who is not party or an officerofa PW fmnt such an order to ca~npel significant wpcnse resulting h m the inspection, copyiny, testing, or sampling commanded. (3) (A)Olr ti~nely motion, the court by which a subpoenawas issued shall quash m m d y t l l e subpoena f i t (i) fails lo allow reasonable time for compliance. (ti) requires a p t m n who is not a p W or an o f f i c ~ a party 10 bavel to a p b of mom than 100 miles bom the plaa where thal p n resrdes. w empbyed or refdlularly mSaCts of e businesa in persoh eXmpt that. stlbjoct to the pt'OVi~f0n~ c l a ~ (cX3DKiii) of this n l k such a penon may in order to attend tnal bc commanded to travel from any such place within the stale ~nwhich the trial is held: ( 1 4 requlrcs dlsslosurr of privileged or other protected matter and no cxwpion or waiver applies; or (IV) subjwts a person to undue htlrdcn. (HI If a strbpocna (i) requlres d~sclosi~re a trade secret or other miidenti$ rescsreh. development. of or cnmsrercial hfonnatian. or [il) nqlures disclosun of an unrctarned expelt's opinion or infarmation not describing specific cvcnts or oocumncm in d~spt~te tcsulting tom the errpert's study made and not a1 llro rcqueat of any party. a (ill) rcqnires a pcrsan who a no1 a pmiy or an officer of a parry to incur substantial expense lo travel lnore lhan 100 miles lo attend trial, the c o d may, topro~ed persan subject a
to or affected by !he subpoena, quaslr a modify the subpceria or, if the party in w l w behalf the subpoena is issued shows a subsaantial need for the testimony or material that cannot be thc otherwise met without undue Irardship and assures that the perso11to wlra~n subpoena is a d h s e d k l I be teasonably compensated. the court may ordcr appearance or productlon only upon -ifid cundit~ons.

(D) D

~

wERESPONDMG TO SWPOENA.

(I)(A) A p e m responding to o subpoena to produce documcnls shall pmduoe them as they are kepr in the usual course of business or shall organi~s label them to mrrespond with and the categories in the demand (8) If a subpoena does no1 specify the form or f m a for producing elwbonically stored infmnalioll in a form or information, a prson rwpondiny to a sk1bpoe.a milst produce form$ m which the person ordinwily maintams it or in a form or bnns lhnt am rcmonably umble, (C) A person rcspanding lo a subpoena n d not pmdiec the sarne clectmnically storcd om form. infomalion m mom (D)A person responding to a wtbpoena need not provide discwery or electronically w becnuse informatron from souroes that the p m n idcnt~lies not wwrmahly ac~%ssiblc of rlndueburden a cw(.o,, motion to ~scovcry lo quas4 wrson froln wlrom err tile &covely is sought must plmw hat the intbrmation souglll is no! masonably a w i b l c b m u x If that showing 1s made, the corm Inlay nondhless order discovery of undue burden or -I. trom such mmes if the requwhng patly show goad cam. onnsidoriny the lindlntions of Rt~le 26@)(2HC).The court may specify condit~ons the discovery. for (2) (A) When information nubJect to a subpoena is w~thheld a claim thal il is privileged on or subject to proteelion as frialipregaration materials. the claim shall be made expressly and communications. orthings shall be suppotted by a dcscnptran of the naturp of the doot~ments, no! p d u c d that is s a c i e n l to enable the damding parry to cones1 the dairn. (B) If information is pmdwed in response lo a subpoena that is subject to a elalm of privilege or of pmteetron as trial-preparation materral, the pemn making thr claim may nulify any party that meived the information of the olam and the basis far it, ARer being notified, a party musi promptly renun, sequester. or desiroy the specified informatiorr and any copies it has and may no1 use or &sclose the mfonnntion until the clainr is resolwd, A receiving party may promptly pmwnt the informat~o~l the court under xal For a de!ent~~nation llre cla~m. lo of If the racewing paiiy drsclo8ed the informatron bcfore being n o t i f i it must tnkc rcamnablc steps lo retrieve it The pemn who praduced the intormalion must prescrvc the inf'om~ation until thccla~m rsmsolved (e)C0~1~~lrr.Farltuc person wtthou~ ofany ocicqua~c x c to obey n subpoena scrved upon ~ w that person may be dcemed a contempt of tlw court from wliich the subporna iscod. An adequate cause for failure to obey exists when a subpoena purpom to require a nonparty to attend or produce at a place not within the limits pmvidcd by c l a w (ir) or scrbpmppl~ (c)(3XA).