Veterans for Common Sense et al v. Nicholson et al

Filing 158

Veterans for Common Sense et al v. Nicholson et al

Doc. 158 Att. 4

Case 3:07-cv-03758-SC

Document 156-5

Filed 02/29/2008

Page 1 of 4

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

District Of Columbia
Attorney:

Morrison & Foerster LLP Alexandria Amezcua 425 Market St. San Francisco, CA. 94105

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

Case Number: C-07-3758 SC

Court I Appearance Date: 03-03-2008 Court Time: 0930 am

Legal documents received by Same Day Process Service on February 27th,2008 at 3:OS PM to be served upon Ira Katz, M D , . . Deputy Chief Patient Care Sewices Oficer for Mental Health, Dept. of Veterans Affa at 810 Vermont Ave., NW,Washington, DC. 20420

I, B. Tony Snesko, swear and affirm that on February 27th, 2008 at 4:05 PM, I did the following: Individudy Served Joy Muhammad, General Counsel's Offire the person authorized to accept on behalf of Ira Katz, M.D.of the legal document with this Subpoena in a Civil Case at the above address.
SupplementalData Appropriate to fhis Service: Paid $120.00 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 correct and that I am a professional process server over the age of 18 and have no interest in the above legal matter.

District of Cdurnbia: $8 Subwrlbed Sld 8Wm
(I M

we me*
MV
8

776Cdw RW o) FCG

a?

Process Server Same Dmy Process Service 1322 Maryland Ave., NE Washington, DC 20003
[phone]

hternal Job ID: 0000007802

Dockets.Justia.com

Case 3:07-cv-03758-SC

Document 156-5

Filed 02/29/2008

Page 2 of 4

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

INVOICE
lNVOlCE #0000007802

DATE: FEBRUARY 27,2008 FElN 14-1937022
CLIENT BILLED: Alexandria Amezcua Momson & 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, tnc.
Defendant: James 6. Peake, Secretary of Veterans Affairs, et al Received: 02-27-2008

Completed: 02-27-2008

To be sewed on: Ira Katz, M.D., Deputy Chief Patient Care Services Officer for Mental Health, Dept. of Veterans Affa

b

CLIENT REFERENCE NUMBER

REQUlSlTlONER

TERMS Due on 03-13-2008

QUANTITY 1.00 .OO 1.OO PAYMENTS

DESCRIPTION 2nd Doc. Service / Same Location Advanced Witness Fee Rush Service Fee

UNIT PRICE $37.50 $120.00 $0.00

TOTAL $37.50 $120.00

$0.00

1 DATE

I CHECK NO. IM O U N T
SUBTOTAL SALES TAX RETAINER PAID
TOTAL DUE

I

$157.50 $0.00 $0.00

$157.50

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, [e-mail]
Thank yolr tor your business!
Copyright Q 20052007 P m s s Server Central, LLC. All rights resewed.

Case 3:07-cv-03758-SC OAO 88 (Rev. I2IO6) Subpoena in a Civil Case

Document 156-5

Filed 02/29/2008

Page 3 of 4

Issued by the

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

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

SUBPOENA I A CIVIL CASE N
Case pending in USDC Northern CaseNumber: District of California C-07-3758 SC

TO:

Ira Katz. M.D., Deputy Chief Patient Care Scrvices Officer for Mental Health, Dept. of Veterans Affairs. 810 Vermont Avc. NW, Washinpon DC

20420

[XI

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.
COURTROOM

PLACE OF TESTIMONY

U. S. District Court, Northern District of California

Courtroom 1, 17" floor
DATE AND TIME

450 Golden Gate Avenue San Francisco, California 94 102

3/3/08; 9:30 am

El

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 DEPOSITION

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

I
I

DATE AND TIME

DATE AND TIME
I

YOU ARE COMMANDED to permit inspection of the follawing premises at the date and time specified below.
PREMISES

DATE AND TIME

Any organization not rt party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, 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 RuIes of Civil Procedure, 30(b)(6).
ISSUING C)FF~CER'S SIGNATURE AND ~ T L (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) E

I DATE
February 27,2008

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

Alexandria A. Amezcua (SBN 247507) Morrison & Foerster LLP 425 Market Street, San Francisco CA 94105-2482 415.268.7000
(Sot Rule 45. Fcderal R~llos Civil Procedure, Subdivisions(c), (d), and (e), on nexc page) of

d

' If action is pending in district other than district of issuance. state district under case number.

Case 3:07-cv-03758-SC A 0 88 {Rcv 12/06) Subpoena i a Civil Case n
DArE
SERVED:
SERVED ON (PRMT NAME)

Document 156-5

Filed 02/29/2008

Page 4 of 4

PROOF OF SERVICE
PLACE

MANNER OF SERVICE

SERVED BY (PRMT NAME)

TITLE

DECLARATION OF SERVER 1 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

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) PRO'EC'TION OF PERSONS SUBJECT TO SUBPOENAS,
(1) A party or an attorney responsible Ibr the issuance and snvicc of a subpoena shall take reasunable steps to avoid tmposing undue burden or expense on a person subject to that subpoena, The c o w on belislf of which the subpoena was issued shall enforce this duty and impose upon the pwty or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, last earnings and areasonableanomey's fee. (2) (A) A person commanded to produce and pemlt inspct~on,copying, testing, or sampling of desimated electronically stored informution, bcvks. papers, documents or tangible hinys, or inspectton of premises need not appear in person at the place of production or tnspection unless commanded to appcar for deposition haaring M trial. (B)S~tbjecl pampph (dl@) of this nrle, a perscn wmmanded to produce and permit to insplioh copying. teslinp. or sampl~ng within 14 daya after Mvicc ofthe subpoena M before may. the time specified For colnpliance if such time is lcss than 14 days after sewice. serve upon the p~lty attorney dsipna~ed the subpoena &Hen objection 10 producing any or all of tlie or in denignatd mate~ralaor tnqwtion of thc prcmls~s- or lo producing electronically stored ~nfonnntilni the form or fonns nqi~estcd If objcctiott is made, the parry senring the s u b p n a tn shall not be cntiiled to mspeci, copy. test, or sample h e materials or I n s w the premises cxcepl pursuant 10 an order of the court by which the subpoena was ~ssucd. objeotlon has been m e If &, tlrr p q serving the subpoena may, upon noticc to the person oomlnanded to p d u c e . move at any ttme for an order to compel the production. mspcction. capytng. testing, or satnpltng. SUC]~ urdcr to compct shall Protect any Permn who is not a Pluty or an ofi~cr a pstty h m an of significantexpense resulting from the mspeclian. copying, testing, or sampling commanded. (3) (A) timely motion. the court which a subpoena was issued shall quash mmadify the subpoena if it (i)feils to allow reasonable li~ne compliance, for Di) W u i m a Penon who is not a Pa* Or an officer of a PW@ to to a place h e PIwhere that P e w Inore Illan 100 miles employcd M %ul~ly m*ts business in perSoR except h t , subject lo the provisions of claus (cX.WXili) of this rule. such a person may tn order to attend lrial be colnmanded to travel fmm any such place withtn the state tn which !lie trial is held: (lii) rcciuires dacloalrc oflmvllcgcd O other protcacd m a w and no exception or r walvcr applies. or (IV) subjects a person to lmduc bunlcn. (131 1f'n suhpmna research. development. (I)mqulres disclontrc ol'a trade secret or ollier confidm~lal or co~nmcrcul tnformation, or (ri) requires dinclosure d an unrela~nedcxpcrt's opinioh or infonnalion not describing specific events or occurrences in displptrte and resultin$ from the expert's stlldy made not at the reqsest of any p*, or t~ii) requires a person who is not a party or an officer of a patty to incur subslantial expense lo travel mom than I00 miles lo attend bid, b e ootnt may, lo protect a persun subject

to or affected by the subpoena, quash or mod@ Ihe subpcrcna or. if tho pany in whose behalf the subpoena is issued s b w s a substantial need for thf testimony or matcrial tlmt cannot be otherwise mat without undue hardship and assures lhat the perwrn to whom die subpuena IS addressed will be reasonably compensated, the COUII may order appearance or production only upon spcctfid condittons.

(D) v n IN RE~PONDMG SUBPOENA ~ ~s m
(1) (A) A person responding to a subpoena to produec doculnents shall pmduec them as they are kept in the wwl murse of business or shall organilk and label them to corrcspcmd wrth

*

the categoriesin the demand (B) Ifa subpoena does nu1 ~peciij. form or forms for producing elecmnioallystored the aformabon, a person responding to a rubpclena nlust produce the information in a Fomi or forms in which the pemn or&narily rnsntains II or in a form or forms that are renwnably mble. (C) pmon responding lo a subpocna need not pmdrlce the samc clcctrnn~caliy A stored infomation in more than one fonn (D)A p n o n responding to a subpaena nccd not provide dimwry of clecvonically acmsihlc becalse ~tond infomtion liom wurces that Ote pcrson den ti tier as not re-sbly of undue burden or to wlnpel dlscovcry or to q,rssh, p - hm wholn d r is sought must s o mat~the ~nfomstion ~ ~w h souplit is not rmonably ac-ible bmtrsc of undue burden or m l . I that showing is made, the court tnay nonetheless order dismyery f from such M W ifthe requesting patty shows good cause, considering the li~attalions Rule of 26(b)CL)(C), The court may spec~fy cond~t~ons the discovery. for (2) (A) When information subject to a subpoena is wrtltheld on a claim that it is privileged or subject to protection as trial-prepmt~on materials. the claim shall be made expressly and shatl be suppwted by a desonpbon of the nature of the documents, oommun~cations. things or not pduced that i s sacient to enable the demanding p w to contest [lie claim. (B) If rnfonnatton is produced in rrsponse to a subpoena tlial is subject to s claim ol privilege or of protection as trial-preparation m~terisl.the person makrng tlic claim may notify any party fhaf reccivcd the rnfonnarion of the clattn and the basis for it. Alter hcmg nortficd. a party must promptly return. scqoester. ur dcstroy tho specified infomation atid any copies 11 has and may not rw or disclose the rrtfonnetion un1iI thccln~mis rcsolvcd A lweivinp party may pmtnptly present thc cnformaaon lo tlu coim imdcr seal for a dotermmat~on the claim of If the reoeiwny party dixloscd the ififormalion before htny noliBd. 11 mllst take rcawnable steps to retrieve it The penon who prdaccd the informatton must preserve the inl'ormation until the claim iswlved. I. fe) C O ~ M P Farlure of any person without adequate excusc lo abcy a sttbparlia served upon that pemn may be deemed a contempt of 1hc court from which the sl~bpaenacssitd. An adequate c a w for failure to obey exists when a subpoena psrpom to require a nonpdy lo r attend o pmduce at a place not wlthin the limits provided by clawc (ii) of subpwaymph (cX3XA)