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. 3

United States District Court
Veterans for Common Sense and Veterans United for Truth, Inc.

District Of Columbia
Attorney: Morrison & Foerstef LLP Alexandria Amezcua 425 Market St. San Francisco, CA. 94 105

PIaintiff
VS.

James B. Peake, Secretary of Veterans Affairs, et a1 Defendant

Case Number: (2-07-3758 SC

Court / Appearance Date: 03-03-2008 Court Time: W:30 am

Legal docwnents received by Same Day Process Service on February 27th, 2008 at 3:05 PM to be served upon Dr. Gerald Cross, Principal Deputy Under Secretary for Health, Veterans Health Administration at Department of Veterans Affairs, 810 Vermont Ave., NW,Washington, DC. 20420
I, B. Tony Snesko, sweat and affm that on February 27th, 2008 at 515 PM,I did the following:
Individually Served Chris McNamee, General Counsel's Oftice the person listed as the intended recipient of the legal ih document wt this Subpoena in a Civil Case at the above address. Description of Person Accepting Service: Sex: Male Age: 40 Height: 6'0 Weight: 190 Skin Color: White Hi Color: Brown Glasses: ar Supplemental Data Appropriate to this Service: Paid $40.00 in witness fees.

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

District of Colunb~a: SS

Process Serv Same D y Process Sewice a 1322 Maryland Ave., NE Washington, DC 20002
[phone]

My eommhslon expires July t 4,201 2

Internal Job ID:0009007808

Copyright O 2005-2007 Recess Server Cartrid, LLC. All rights resewed.

Dockets.Justia.com

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

INVOICE
INVOICE #0000007808

Fax [phone]

DATE: FEBRUARY 27,2008
FElN 14-1 937022
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 UnAed for Truth, fnc. Defendant: James 6. Peake, Secretary of Veterans Affairs, et al
Received: 02-27-2008 Completed; 02-27-2008

To be served on: Dr. Gerald Cross,Principal Deputy Under Secretary for Health, Veterans Health Administration

CLIENT REFERENCE NUMBER

REQUISITIONER

TERMS Due on 03-1 3-2008
UNIT PRICE $40.00 $75.00 $50.00 TOTAL $40.00 $75.00 $50.00

QUANTIN 1.OO 1.OO 1.OO PAYMENTS

DESCRIPTION Advanced Witness Fee Process Service Fee Rush Service Fee

IDATE

I CHECK NO. 1 AMOUNT
SUBTOTAL SALES TAX RETAINER PAID

1

$1 65.00 $0.00

$0.00
$165.00

TOTAL DUE

COMMENTS OR SPECIAL INSTRUCTIONS:

Make all checks payable to Same Day Process Sewice. 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, contact: Tony Snesko, 202-398-4200, samdayprocess&aol.cam
Thank you for your buslneest
Copyright @ 2005-2007 Pmass Server Central. LLC. All rights resenred.

OAO 88 (Rev. 12/06) Subpoena in a Civil Case

Issued by the

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA VETERANS FOR COMMON SENSE and VETERANS UNITED FOR TRUTH,INC.

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

v.

SUBPOENA IN A CIVIL CASE

' Case pending in USDC Northern Case Number: District of California
C-07-3758 SC

TO:

Dr. GeraId Cross, Principal Deputy Under Secretary for Health, Veterans Health Administration. Department of Vetcrans Affairs. 810 Vermont Ave. NW,

Washington, D.C. 20420; 202.273.6315

YOU ARE COMMANDED to appear in fhe United States District court at the,place, date, and time specified below to testify in the above case.
PLACE OF TESTIMONY
COURTROOM

U. S. District Court, Northern District of California 450 Golden Gate Avenue San Francisco, California 94 102

Courtroom 1, 1 7Ih floor
DATE AND TlME

3/3/08; 9:30 am
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.

PLACE OF DEI'OSITION
I

O T. A !!

AND TlME

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

PLACE:

DATE AND TlME

I

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

Any organization not. a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more offtcers, 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 testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OFFICER'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAMTIFF OR DEFENDANT)

I DATE
February 27,2008

Attorney for PIaintiffs

kl@lrcnlf~*
[SSUING OFFICER'SNAME. ADDRESS AND PHONE NUMBER

i

Alexandria A. Amezcua (SBN 247507) Morrison & Foerster LLP 425 Market Street, San Francisco CA 94105-2482 415168,7000
(See Rule 45, Federal Rules of C1vi1Prooedure. Subdivisions (c). (d), and (e). on next page)

If action is pending in districq other than district ofissuancc. state district under cme number.

A 0 88 (Rev 12/06) Subpoena in a Civil Case

PROOF OF SERVlCE
DATE

PLACE

SERVED:
SERVED ON (PRINT N M E )
MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

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
DATE

SlGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December I, 2006:
(c) PROTECTION OF PERSONS SUBJECT'TO SUBPOENAS.
( I ) A party or w, momey rcspunsiblc for thc mmnce and service of a subpoena shall lake rcasombk stcps to avoid impoar~igtmdue burden a expense on a person sllbject to that rthpocna The court on behalr of wbtclr thc atbpoana was issued shall enforce this duty and Ilnpose upon llte pany or attorney in breach of this duly an appmpnate sanction, whicli may rndude, but is not irmited to, lost earnings and arcasonable attorney's fee. ( 2 ) (A) A person cmninandod lo produce and permit anspectron. copying. testing, or sampling of desiyllated ekcb.onically stored information, books, papers, documents or tangible things, or rnspectlon of premises need not appear in person at the place of production or inspection unless commanded ta appear for dcposit~on, hearing or b i d . Subjeol to paragraph (dX2) of this n ~ l a person wmmnnded to produce aod pennit s inspection. cvpyink t&&orsampling may. within 14 days &r swvice ofthesubpaenaor before the time spc~fied r compliance if such ifme is less than 14 days after sowice. sewe upan L the party or attorney desigaated in the subpoena written objection to producing any or all ofthe desibwated materials or inspection of the premlses - or to poducmg elecironically slwed informat~on the form or forms requested. If objection is made, the party serving the subpwna in shall not be antfiledto inspeol, copy. lest, or sample the materials or inspect the premises except pusuant to an order of the court by which the subpoena was issi~ed. objechon has been d e . If the party semng the subpwna may. upon notice lo the person commanded lo produce. move at any time for an order to compol the prod~~cl~on. ~nspection,copymy, testin& or samphng. Sucl~ order to compel shall protect my pemn who is no1 a party or an officer of a party Fmm an agntiicant cxpensc resulting From the inspection. copytng, testing, or sampling commanded. (3) (A) On timely motion. the m u 1 by which a a~bpoena issurd shall quash or modifi the was
S L L ~ ~ ~l('11M C

to or a f f d by the subpaena. quash or modify IIE subpoena or. if thc party in d ~ o s e behalf the subpoena is issued shows a si~bs~antial for the testimony or rnatcriol that cannot bc need orhellli~e withor~tundue hardship and assures that thc perso11lo whom t11c sttb)oena is met addressed will be reasonably mmpcll~a~wi. court triay order a p d n c c or prnduct~on the only upon specified mndi~ions.

(D) DUTIES IN RESPONDWG TO SUBPOENA. (t) (A) A pars^^ rclipnding to a siibpoena to @we documents shaX produce them as they are kept in the uwsl mum of businoss or shall organize and label t k m to correspond with
thc c~cgones the demand. in (B) Ifa subpoena does not specify the foam or fbms for producing clwbunically ntorcd information, a person responding to a subpoena must produce L e inrormation rn a rom or h it forms in which the pcrsoo ordinarily ma~ntains or in a form or forms that iw reasonably usable. (C) A pepen wporespondiny lo a subpoena nwd nol prodw the same elecr~vnicalIy stared infortnation in more than one fhn. 0) pMmn responding to a subpoena need not provide discovery of elechonicaiy A stored information from sources that the perm identifies s not rasonably amsible because of undue burden or cost. On mMion to compel discovery or to p d . tho p o n from whom dimvery is sou&l musl show that the information sought is not remnably accessible becai~~c e of undue burdcn or coa. If that showing IS made. W coum may noncrhclcns order discovery from such sources ~fthe requesting party shows ~ o o cause, considering the l~mitatiniis Rule d of Z6lbX2)tC) The court may spec~fy oonditions for the d~scovery (2) (A) When rnfomatron ulbject to a subpoena is w~thheld a claim that it ispnvilosed or1 shntl be made exprassly and or subject to pmtection as tnal-preparation materials. the cla~m shall bc supported by a descriphon of the n n t w oftlie dw~rtnenls, contmun!cattona, or tliings not pmduoed that IS sufioient to enablc the demandtng parry to conlest thc claim. (B) If informatron IS produced in rcsponse to a subpoena that is subject to a claim of privilege or of protection as mal-prepaatlan material, the pcrson making the claim lnay notify any party that received the information ofthe claim and the basis for 8. Aner being notified, a party must promply return. sequester, or d m y the spec~fied infomatton and any copies il has and may not we or disclose the information until the clatm is rosotved. A reoeiving parry of may pmmptly present the informatron to the cour! under seal for a detenn~nation tlie claim. H h seceivin~ disclosedthe i n f m o n before beiig notified, it musl taka reasonable pafiy stcps to retrieve it. The person who produccd tbc ~nformallon niust preserve tlre idormalion until thc claim is resolved (e) C o I a w ~ Mlure uf any person wiihout adeqaas excuse to o h y a subptana sewed uwn that person may be daemwd a contempt of the corn from whtoh the nuhpacna issued. An adequate cause for failure to obey exists when a skibroena purpotls to requare a nonpillly to attend or produse at a place not within h e lirn~k provided by clause (~i) or subpara~rsph Lo)(3XAl. www FormsWork7low m m

(i) fails to allow reasonable trnrc for mmplianee; (ii) requlres a prmn who a not a party or an olfioor of a palty to Iravel a a place more than 100 mils h m the p l a - wlrcre that person r e s i k is employed or re1~ularlytransacts business R person, exceepl that. sub* to Be provisions of clause (cX3XBXiii) of this ntle, such a person may in order to attend hiat bc commanded to travel from any such plaoe withtn the state in whrclr the trial is held; (i~i] requires disclosure ofpaaleged or olherproiected matter and no exception or waiver applies: or (iv) subjects a person to undue burden. (8)If a rnbpma . (i) rqirires disolosure o l a wade secret or other confidential d development. or commercial infonnat~on, or (~i)requtrrs disclosum of an unretained expctl's opin~on ot information no1 describing specific cvents or occurrences in dispute and resulting from the cxpertb study made not at rlw request of any papclrty, w (Nil) requires a person who is rm! a pmty or an ofioer of a psrty to incur ~ubstantial expense to travel more than 100 miles to attend trial. tlie contt may. to protect a p m n stibject