Timebase Pty Ltd v. Thomson Corporation, The

Filing 91

Declaration of Leonie Muldoon in Support of 89 Response in Opposition to Motion filed by Timebase Pty Ltd. (Hosteny, Joseph)

Timebase Pty Ltd v. Thomson Corporation, The

Doc. 91 Att. 1

Exhibit.2

Dockets.Justia.com

RALPH A WEBER DIRECT DIAL 414 ?24-i698 w e b E r y m a a s s w e Q e r . n u l l i n s corn

December 22,2008

Maslon Edeiman Borman & Brand LLP 3300 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402

RE: LeMond Cycling, Inc. v. Trek Bicycle Corporation v. Greg LeMond
Case No. 08-CV-1010 (RHWJSM) United States District Court, District of Minnesota

Dear Sir or Madam: The subpoena served with this letter relates to the above referenced pending litigation in the United States District Court, District of Minnesota. I hope you will find the subpoena self-explanatory.
In order to avoid any inconvenience, you may make arrangements with Emily Zastrow of my office to produce the requested documents without having to appear on the date commanded, by mailing the responsive documents to our ofiice in Milwaukee at the address listed above. Ms. Zastrow can be reached at [phone] or by email at [e-mail]. Any such arrangement must be kiiialized in time for us to receive the documents at least one day before the return date listed on the subpoena.

If you have any questions, please feel free to contact me at [phone].
Sincerely,

Ralph A. Weber RAW:esz Enclosures cc: Denise Rahne

UNITED STATES DISTRICT COURT
District of M innesota
LEMOND CYCLING, INC.,

Issued by the

V.

SUBPOENA IN A CIVIL CASE Case Number: ' 08-CV-1010 (RHK-JSM)

TREK BICYCLE CORPORATION v GREG LEMOND

PLACE OF TESTIMONY

COIJRTROOM

DATE AND rlME

PLACE O F L)EPOSrrlOh

134rF AND TIME

PL.ACE

Halleland Lewis Nilan &Johnson. P.A., 600 U S . Bank Plaza South, 200 South Sixth Street. Minneapolis, MN 55402

r > A r E AND ' r i m

1/8/2009 9:00 am

PREMISES

DA'I'E AND TIME

Any organization not a party to this suit that i s 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 Rule of Civil Procedure 3O(b)(6).
ISSlllNrJ OFFICER'S SICNAR!RE AND TITI.E(INDICATE I F .KTTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

qL@ltArt-

12/22/2008

'

It';iction is pending in district other than district oiissuancc, state district uiider casc ntimkr.

PROOF OF SERVICE
DAI'E
PLACE

SERVED
SERVED ON (I'RINT NAME)
SERVED BY (PRINT NAME) MANNER (IF SERVICE

'TITLE

DECLARATION OF SERVER I declare under penalty ofperjury under the laws ofthe United States ofAmerica that the foregoing information contained in the Proof of Service is true and correct.
Executed on

DATE

SIGNATliIlE OF SERVER

ADDRESS Of-'SERVER

Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December I , 2007:
(c) PROTELTINC A PERSON SUBJECT TO A SUBPOENA. (I) ;\voiding Undue Burden or Expense: Sanctions. A pany or attorncy rcsponsible for issiting and serving a subpoena intist take reasonable steps to avoid imposing undue btirden or expense on 3 person subject to the s u b p m a . The issuing court must enforce this duty and impose an appropriate sanction - which may incltide lost earnings and reasonable attorney's fees - on a pany or anorney who fails to comply. (2) Command to Produce Materials or Peniiit Inspection. ( A ) t\ypearance Not Required. A person cotninanded IO produce documents. electronically stoi-edinSorn~ation. tangible things. or to pennit the inspection ofpremises. need or not appear in person at the place o f production or inspection iuiless also commilidcd to appcar for a deposition. hearing, or trial. (E) Objections. .A person commanded to produce documents or tangible things or to pennit inspection niay serve on the pany or anorney designated in the subpoena a written objection to inspecting, copying. testing or sampling any or all ofthe materials or to inspecting the premises -orto producing electronically stored information in the fonn or fonns requested. The objection milst be s e n d before the earlier ofthe time specified for compliance or 14 days after thc subpoena is sewed. If an objection is made. the following niles apply: t i ) A t any time. on riotice to tlie commanded person, the serving party may move the issuing coiirt for an order conipelling production or itispection. (ii)'lhesc acts may Le requiied otily as directed in the order, and the order must protect a person wlio is neither a party tior a party's otXcer from significant expense resulting liom compliance. I 3) Quashing or Modifying a Subpoena. (4)When Required. On timely motion, the issuing c o w i must quash or modify a subpoena that: (it B i l s to allow 3 reasonable time to comply; (ii) requires a person wlio i s neither a party nor a party's officer to travel more thm I00 miles Born where (liar person resides. is employed. or regularly transxis business iii pcmoti .- excepi that. siibject to Rille 45(cH3)(B)(iii).the person may Iw commanded to anmd il trial by [raveline %om any such place within the state where tlie mal i s held: (iii) requires disclosure o f privileged or otlier protected Iiiattt!r, if nu exception or waiber applies: or (ivj subjects a persort to undue burden. ( B ) When Permitted. To protect a person SLIbject to or at'f'ccted by a subpoena. the tssiiiiig coilif niay. on morion. quash or modi& the subpoena if it requires: (i) disdosiny a trade secret or other confidentid research. developmait. or commercial iiilbniiation; iii) disclosing an onrerained expen's npinioo or infoniiatioii that does not las scribe specific Occiirreiices tn dispute and results froin the ekpen's study rliat was not requested by a pany. or fiii)a person who is iicitlicr B pany nor a party's otxcer to incur subsrantial Expense to trayel mom than 100 miles to attend trial (CI Speofj.ing Conditions as an Alternative In the circiiinstaiices described in Rule 45(cH .iX 8 ) .thc coun may. instead ofquasiimg or tnodi%ing a subpama. order appearance or production wider spccili4 conditions IS the serving party:
(ijshows a substantial nerd fortha restiinon)~orinaterialthat cannot be otherwise met ivitliout undue hardship; and (ii) ensures that the sobpot.nned pmon will be reasonably compensated.

(d) DLTIES IN RESPONDING TO A SURPOSNA. ( I ) Producing Documents or Electronically Stored hiSonnation. Tlicse procedures apply to producing documents or electronically stored infonnation: (A) Dociiments. A person responding to a subpoena to produce documelits must produce them as they are kept in the ordinary coiirse ofbusiness or must organize and label them to correspond to the categories in the demand. (8) Form for Producing Electronically Stored InSonnation Not Specified. If a subpoena does not speciSy n Sona Sor producing electronically stored infonnation. the persoti responding must produce it iii a ionii or fonns in which it is ordinarily maintained or in a reasonably tisable fonn or foniis. (Cj Electronically Stored lnfonrration Prodiiced io Oiily One Foirn The person responding need not produce the same electronically stored information tn more than one fonii. (D) Inaccessible Electronically Stored Itifonnation. The person responding need not provide discovery ofelectronically stored iiiformation from sourccs that the person identifies as not reasoriahly accessible because of ondue burden or cost 00motion to compel discovery or for a protective order. the person responding m i s t show that the infonnation is not reasonably accessible because ofiuidue burden or cost. lfthat showing is made. the coun may nonetheless order discovery Snm such sources if tlie requesting party shows good cause, considering [lie limitations o f Rule 26ihN2XC). The coun may specifj. conditions for the discoisery. ( 2 ) Claiming Privilege or Protection. ( A ) Infonnation Withhcld. A person withliolding subpoeriaed information iiiider a claim tlint it is pnvilcgcd or subject to prorectios as trial-preparation material must. (i) expressly make the claini; arid (ii) describe tlie nature ofthe withheld docutncnts. communications. or tangible things in amantierthat. without revealing infoniiatioii ttselfpnvilegcd orprotected. will enable [lie parties to assess the claim. (B) Infonnation Produced. If infonnation produced in response to a subpoena i s arb,ject to a claim of privilege or of protection as trial-preparation material, the person i n d i n g the claim inay noti& any. party that received the infonnation of the claim and the basis for it. ARer being notified. a party immt promptly return. sequester. or destroy the specified iiiformatioii and any copies it has: mtist nor use or disclose tlie intilnnation until tlie claim is resolved. intist take reasonable steps to retriew the inSoniiation irtlit! party disclosed it before being notified: and inay proniptly prcscrit the infonnation to the cotin tinder seal Sor a detennination OS the claim. The person who produced tlic information mast preserve the infomiation until the claitii 16 r e s o l d .
( e )CoNrawr. The issuing coiin may hold in contcinpr a p m o o who. having been served. fails without adrquate CXCLISC to obey tlie subpoena. A notipany's failure to o b q intist be exctised tfthe subpoena piirpons to rrqiiire the nonpany to anend or produce at a place outside tlic limits of

Rille 3%c)(3)(A)(ii)