Doe v. SexSearch.com et al

Filing 136

Subpoena Returned Executed; served upon William Adams-counsel for Instaclick by Email/Mail on 4/19/2007 filed by John Doe (Boland, Dean)

Case 3:07-cv-00604-JZ
OAO88 (Rev. 12/06) Subpoena in a Civil Case

Document 136

Filed 04/25/2007

Page 1 of 2

Issued by the

UNITED STATES DISTRICT COURT
Northern
John Doe

DISTRICT OF

Ohio

SUBPOENA IN A CIVIL CASE Case Number:1 3:07-cv-604

V.
SexSearch, et al

TO: Records Custodian, Instaclick, Inc.
c/o William Adams 27777 Franklin Road, Suite 2500 Southfield, MI 48034-8214

G 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.
PLACE OF TESTIMONY COURTROOM

Judge Jack Zouhary
DATE AND TIME

For the m/d/yyyy a deposition G YOU ARE COMMANDED to appear at the place, date, and time specified below to testify atmat:taking of h:mm am/pm

in the above case.
PLACE OF DEPOSITION DATE AND TIME

Format: m/d/yyyy h:mm at the G YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objectsam/pm

place, date, and time specified below (list documents or objects):
Copy of all contracts with the following entities, Experienced Internet.com, Inc., Stallion.com FSC Limited, AS Enterprises, Siintech, Cyber Flow Solutions, Inc., Webfinity, WebKrew, Fiesta Catering International, Inc., List of all board of director members, officers, employees (with job titles), copy of 2005 corporate tax return.
PLACE

Dean Boland, Plaintiff's Counsel 18123 Sloane Avenue, Lakewood, Ohio 44107

DATE AND TIME

4/30/2007 9:00 am

F time m/d/yyyy below. G YOU ARE COMMANDED to permit inspection of the following premises at the date and ormat:specified h:mm am/pm
PREMISES

Attendance may be excused upon production of the requested documents by U.S. Mail containing an authenticating document from records custodian.

DATE AND TIME

4/30/2007 9:00 am
Format: m/d/yyyy h:mm am/pm

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 Rules of Civil Procedure, 30(b)(6).
ISSUING OFFICER'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

Dean Boland

Digitally signed by Dean Boland DN: cn=Dean Boland, c=US, email=[e-mail] Reason: I am the author of this document Date: 2007.03.23 00:34:49 -04'00'

4/19/2007
Format: m/d/yyyy

ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

Dean Boland, 18123 Sloane Avenue, Lakewood, Ohio 216-529-9371
(See Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), on next page)
1

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

AO88 (Rev. 12/06) Subpoena in a Civil Case

Case 3:07-cv-00604-JZ

Document 136

Filed 04/25/2007

Page 2 of 2

PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME)

4/19/2007
Format: m/d/yyyy

Address on Subpoena
MANNER OF SERVICE

William Adams, Counsel or Instaclick
SERVED BY (PRINT NAME)

email/Mail
TITLE

Dean Boland

Plaintiff's Counsel

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

4/25/2007
FormaD:ATE t m/d/yyyy
SIGNATURE OF SERVER

/s/ Dean Boland
ADDRESS OF SERVER

18123 Sloane Avenue, Lakewood, Ohio 44107

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises -- or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, 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 any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

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