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. 5

Case 3:07-cv-03758-SC

Document 156-6

Filed 02/29/2008

Page 1 of 4

United States District Court
Veterans for Common Sense and Veterans United far 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 al

Defendant

Case Number: C-07-3758 SC

Court / Appearance Date: 03-03-2008 Court Time: 09:30 am

Legal documents received by Same Day Process Service on February 27th 2008 at 3:05 PM to be served upon W. Paul I Chief Financial Off~cer the VHA, Department of Veterans Affairs at 810 Vermont Ave., NW, of Kearns, H , Washington, DC. 20420

I, B. Tony Snesko, swear and affirm that on February 27th, 2008 at 4:05 PM,I did the following:
Individually Served Joy Muhammad, General Counsel's Offiee the person listed as the intended recipient of the legal document with this Subpoena in a Civil Case at the above address. Description of Person Accepting Service: Sex: F m l e Age: 45 Height: 5'5 Weight: 145 Skin Color: Black Hair Color: Black Glasses: N Supplemental Data Appropriate to this Service:
Paid $120.00 in witness fees.

I declare under penalty of perjury under the l w of the that the foregoing information contained in this affidavit is tme as and correct and that I am a professional process server over the a p of 18 and have no interest in the above legal matter.

District of Columbia: SS 8ubqcribM and Sworn to More me.
-7

Same Day Process Service
1322 Maryland Ave., NE Washington, DC 20002
(202) 398-420)

Mkhaei Moiesh, Notajc Publk. bC .. My commission expires July 14,

-

Internal Job ID: 0000007803

CopyrightO 2005-2007 Racrss Sewer Cential, LLC. All rights resewed.

Dockets.Justia.com

Case 3:07-cv-03758-SC

Document 156-6

Filed 02/29/2008

Page 2 of 4

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

INVOICE
INVOICE #0000007803
DATE: FEBRUARY 27,2008

FElN 14-1937022
CLIENT BILLED: Alexandria Arnezcua Morrison 8. Foerster LLP 425 Market St. San Francisco, CA 94105 CASE INFORMATION: C-07-3758 SC Plaintiff: Veterans for Common Sense and Veterans United for ~ r ~ tmc. h, Defendant: James B. Peake, Secretary of Veterans Affairs, et al
Received: 02-27-2008

Completed: 02-27-2008

To be served on: W. Paul Kearns, Ill, Chief Financial Officer of the VHA, Department of Veterans Affairs

CUENT REFERENCE NUMBER

REQUlSlTlONER

TERMS Due on 03-1 3-2008 UNIT PRICE $37.50 $120.00 $0.00
TOTAL $37.50 $120.00 $0.00

QUANTITY 1.OO 1.OO 1.OO PAYMENTS

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

1 DATE

1 CHECK NO. 1 AMOUNT
SUBTOTAL SALES TAX RETAINER PAID TOTAL DUE
$157.50 $0.00 $0.00 $157.50

I

COMMENTS OR SPECIAL INSTRUCTIONS:

Make all checks payable to Same Day Process Setvice. Please enclose a copy of this invoice with your payment Payment of this invoice is not contingent on reimbursementfrom your client. If you have any questions concerning this invoice, contact: Tony Snesko. 202-398-4200, [e-mail]
Thank you for your business1
Copyright O 2005-2007 Process Server Central, LLC. All rights reswed.

Case 3:07-cv-03758-SC OAO 88 (Rev. 12/06) Subpoena in a Civil Case

Document 156-6

Filed 02/29/2008

Page 3 of 4

Issued by the
DISTRICT OF COLUMBIA

VETERANS FOR COMMON SENSE and VETERANS UNITED FOR TRUTH, INC.

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

SUBPOENA IN A CIVIL CASE
CaseNumber: District of ~alifornia

' Case pending in USDC Northern

TO: W. Paul Keams. 111. Chief Financial Officer of the VHA, Department of Veterans Affairs, 810 Vermont Ave. NW, Washingtan DC,20420;
202.273.5662

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.
COURTROOM

PLACE OF TESTIMONY U. S. District Court, Northern District of California

Courtroom 1, 1' floor 7
DATE AND TIME

450 Golden Gate Avenue San Francisco, California 94 102

3/3/08; am 9:30
YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the raking of a deposition
in the above case.
DATE AND TIME
I

0

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

1

0

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

I'KEMISES

Any organization not a 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).
ISSUWG OFFICER'S SIGNATURE AND TITLE (INDICATE 1F ATTORNEY FOR PLAMTIW OR DEFENDANT) DATE

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

February 27,2008

Alexandria A. Amezcua (SBN 247507)Morrison & Foerster LLP 415.268.7000 425 Market Street, San Francisco CA 94 105-2482
(SceRule 49, Federal Rules d Civil Procedure, Subdivisions(c), (d), and (el, on next page)

' Ifrction is pending in districtother than district of issuance, state district under case number.

A 0 88 (Rev 12/06]Case 3:07-cv-03758-SC Subpoena in a Civil Casc

Document 156-6
PROOF OF SERVICE

Filed 02/29/2008

Page 4 of 4

DATE

PLACE

SERVED:
SERVED ON (PRINTNAME) 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

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) PROTECTlQN O PERSONS SUBJECT TO SUBPOENAS. F
(I) A party or an attorney respons~ble the Issuance and service of a subpoena shall take for reasonable steps to avoid imqxsiny undue burden or expense on a person subjeot ta thar subpocna. The court on bchatf of wh~cllthe subpocna w s issued shall enforce this duty and a inlpose I I ~ the party or attorney in breach of tliis duty an appmpriate S a l ~ l i ~which may I n, include, but is nol l~~nitcd lost earning and a reasonable attorney's I're. to, (2) (A) A peison commanded to produce and permit inspcction. copying, testing, or sampling ordr?si~ated el~chonicslly str>red infortnatitm. b o , papers. documents or tangible ob things. or inspection of premises need not appear in person at the place of production or heanng or mal. ~nspection unless commanded to appar for depostt~on, (B)Subject to pouapph (d)(2] of this rule. a pawn co~nmanded produce and permit lo inspchon, copyin&tcstinh or sampling may, with~n days affersrvice ofdie s u b p a or befom I4 Ihc time specrfied for compl~ance sucli time is less than 14 days &er service, serve upon ~f tlu party or anomey desipatcd in the subpoena written objection fo producing any a all of the daslpnatcd matmals or inspect~onof the premises - or to producrng electronically stored infonnation in tlie b n or forms reqnested. It objecticn is made, tha party saving the subpoena n shall not be entitled to inspeot, copy, test, or sample the malerials or impel the prom& except pwuanl to m order of the court by which the subpocna was issued. If objedion hm ken made. the party m n g the subpoena niay. upon notice to the person commanded to produce. move at any time for an order to compel the production. inspection. copying testing, or sampling. Such an order to compel shall protect my p m o n who a not a parry or an oftices ofa pmly fmm significanl cxpcnss resulting h ~ the inspectran, cupyng tosling, or sampl~ng n commanded a (3) (A) 0 1 trmely mollon, the court by wh~ch s u b m a was issued shall qilash or moclifythe subpoena if it (i) fails to allow reasonable ttriic for coaiplra~ce; a (ii) reqtrlres a person who is not a party or an officer of a party to have1 L a place Inore than 100 ~nilesImm tho placc where that penrun resides. is employed or regularly b~nracts mle. busincss m p m n . except ths4 s11b1cotto tlic provisions of clause (c)(3XB)(iiijof tl~ts such a penon may in ordcr to altcnd ha1 be commanded to travel from any such place within the stale in which he tnal is hcld: (I~I) rcqr~ires disclosure of privileged or other protected matter and no exception or waiwr applies; or (iv) strbjeets a person to undue burden. (U)If a subpoena (i) requires disctosure of a trade secret or other oanfidontial research, development. or winrnerc~al infonnation, or (ii) requires disclosure of an unretaincd expert's opinion w i n h a t i o n not describing specilic events or occwrcncm in dispute and resullinp Fmnr the expert's study made r not at the mqtlest of any pal?(. O (~ii) rqnlres a pcrson wlio IS no! a party or an officer of a pnrty to incur substantial expense tn lravel Inore than 100 miles to attend hial. the court may. to protect a person subject to M affwtsd by the subpoena, quash or modifi the subpoena or, if the party in whose behalf the subpoena is i s s d shows a substantial need for the testimony or ~iiaterial cannot k that otherwise met without undue hardship and assures that the person to whom tlle subpoena is addressed will be reasonably compensated. the court may order appearance or pmd~rct~on only upon specified cond~tlons,

(D)DUllES IN RESPONDIWTO SUBPOENA (1) (A) A person responding to a subpoena to produrn docrlnlents shall produce thcm as they are kept in the usus1 oaurse ofbusiness or shall organis and label thcni to correspnd with
e the categaries in d ~ demand. (B) If a subpoena docs not specify tllc form or forms for producing electronically stored loformation. a person q n d i n g to a subpoena mud produce llie inforindon in a form or forms m wh~chthe person ord~narily mmtarm rt or in a form or forms thpt arr reasonably usable. (C) A p o n responding w a subpocna need not produce the satne eli%mnidly stored inhnnation m more than one fwm. (a) A p o n responding to a subpoena need not pmwde diswcry of elechonically stored information fmm sources that the per8011~dentifies not reasonably acctrsiblc hecause as of undue burden or cod. On motlon to cumpel discovery or to quash. the person from whom discovery ts wught must show that thc informat~on soupht rs not reasonablyaocossiblc because ot of undue burden or cs If dial showing a made. tlie court may nonctkless order dismvety from such sources if the ques(lng party shows good muse, considetiny the litnitations af Rule 26(bX2)(C). The mun may specify cortddtons For tho dlscowry. 12) (A) When mfarmation subject to a subpoena IS wittilield on a clai~ri it is privilqod thal shall be 111ade cxpremty and or subject to pmtrotlon as trial-preparation rnnterials. the cl~lnl shall be alpported by a descnplion ofthe nature ofthe documents. cornmtmtcalrons. or Iliings not produced that h suffic~cnt enable the demandingparly to conlcst the clainl. to (B)Ifinfonnat~on pmdrtced in response to a subpoena that is n ~ b j s ! a claim of IS to a$ privileye or of protect~on mal-prepamtion material. h e person makmg thc claim may notify my party that receiwd the information of the claim and the basis ror it. Al\er bcmg notifiod, a party must promptly return, stqoster. or destroy the specificti information and any copies it has and may not use or discloee the mformatron unlif the ctaim is rcsolverl. A mceiwng pmy may pmmptly p m n t the ini'ormation to Ihe corn under wal for a determinationof the cta~m. If the raceiving party disclosed thc infonnation befom being notified, it must take reasonable st* to retrieve it. The pemn who pduced Lhe informatron must preserve the infom~ation the unt~l claim is msotved. (e) C o m m Falure of any person without adquatE excuse lo obey a siibpocna sew& lapon that person may be deemed a conrctnpt of the coim from whicli the subpoena ~ssucd. An adequate muse for farlure to obey exists when a subpocna purpntls ro rcqiltre a nonpalty lo amend or pmduce at a place not within the limnits provided by clause (i~) subpnragraph of (cl(3)(Al. www Form~Workflow corn