Exhibit 1

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 1 of 10
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 

To:

(Name of person to whom this subpoena is directed)

u Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following 

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the

material:

Place: Date and Time:

u Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or 

other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party

may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;

Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to

respond to this subpoena and the potential consequences of not doing so.

Date:

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the

inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before

it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

Northern District of Florida

Marcus Hensley

7:20-cv-00093-MCR-GRJ

3M Defendants, et al.

Timothy White, 7906 East 55th Street, Tulsa, Oklahoma 74145

✔

See Schedule A

Opveon Attn: Veritext/Simon Gottlieb

(simon.gottlieb@kirkland.com), 1437 S. Boulder, Suite

170, Tulsa Oklahoma 74119 11/13/2020 5:00 pm

10/30/2020

/s/ Larry Hill

Defendants,

3M Company, et al.

Larry Hill, Moore Hill & Westmoreland, 350 Cedar St., Pensacola, FL 32505, lhill@mhw-law.com, 850-434-3541

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 2 of 10
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

u I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

u I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

7:20-cv-00093-MCR-GRJ

0.00

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 3 of 10
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

 (1) For a Trial, Hearing, or Deposition. A subpoena may command a

person to attend a trial, hearing, or deposition only as follows:

 (A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

 (B) within the state where the person resides, is employed, or regularly

transacts business in person, if the person

 (i) is a party or a party’s officer; or

 (ii) is commanded to attend a trial and would not incur substantial

expense.

 (2) For Other Discovery. A subpoena may command:

 (A) production of documents, electronically stored information, or

tangible things at a place within 100 miles of where the person resides, is

employed, or regularly transacts business in person; and

 (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

 (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney

responsible for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to the

subpoena. The court for the district where compliance is required must

enforce this duty and impose an appropriate sanction—which may include

lost earnings and reasonable attorney’s fees—on a party or attorney who

fails to comply.

 (2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition,

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or

sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.

The objection must be served before the earlier of the time specified for

compliance or 14 days after the subpoena is served. If an objection is made,

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party

may move the court for the district where compliance is required for an

order compelling production or inspection.

 (ii) These acts may be required only as directed in the order, and the

order must protect a person who is neither a party nor a party’s officer from

significant expense resulting from compliance.

 (3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where

compliance is required must quash or modify a subpoena that:

 (i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that does

not describe specific occurrences in dispute and results from the expert’s

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be

otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

 (1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce documents

must produce them as they are kept in the ordinary course of business or

must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified.

If a subpoena does not specify a form for producing electronically stored

information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person

responding 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 for a protective

order, the person responding must show that the information 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) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparation

material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena 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; must not use or disclose the information

until the claim is resolved; must take reasonable steps to retrieve the

information if the party disclosed it before being notified; and may promptly

present the information under seal to the court for the district where

compliance is required for a determination of the claim. The person who

produced the information must preserve the information until the claim is

resolved.

(g) Contempt.

The court for the district where compliance is required—and also, after a

motion is transferred, the issuing court—may hold in contempt a person

who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 4 of 10
SCHEDULE A

DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS

Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendants 

3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo 

Intermediate LLC, Aearo LLC, and Aearo Technologies LLC (collectively, 

“Defendants”), by and through their counsel, hereby request that you produce 

documents responsive to these Requests for Production of Documents (the 

“Requests”) to Defendants in the time and manner set forth in this Subpoena. 

DEFINITIONS

1. “Communications” encompasses used in the requests below includes

any transmission or exchange of information, ideas, facts, data, proposals, or other 

matters, between or among Persons, by any means. For example, communications 

would include text messages (short message service (SMS) and multimedia message 

service (MMS)), or any messaging application (e.g., WhatsApp, Facebook 

Messenger). The definition also includes Documents evidencing oral 

communications. 

2. “Document” or “documents” as used below includes hard copy

documents as well as electronically stored information. 

3. The terms “you” and “your” shall refer to Timothy White.

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 5 of 10
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INSTRUCTIONS

1. The preceding Definitions apply to these Instructions and each of the

succeeding Requests. All terms defined above shall have the meanings set forth 

therein, whether capitalized in the Requests or not. 

2. You are required to produce all responsive documents in your

possession, custody, or control, wherever located, including but not limited to 

electronic sources, such as: 

(a) any of your email accounts (e.g., Gmail, Yahoo, and Hotmail);

(b) any of your computers (e.g., desktop or laptop computers);

(c) any of your mobile and handheld electronic devices (e.g.,

smartphones, computer tablets, portable music players, and digital

cameras);

(d) any of your other hardware storage devices (e.g., external hard

drives, network storage drives, memory cards, USB flash (“thumb”)

drives, and CDs/DVDs);

(e) any messaging applications you use (e.g. text messages, iMessage,

Facebook Messenger, WhatsApp, Telegram, and Snapchat);

(f) any social media accounts/platforms you use (e.g., Facebook,

Instagram, LinkedIn, Twitter, MySpace, YouTube, Pinterest, or other

online collaboration tools such as Google+ or Yahoo! groups);

(g) any website where you have made online postings (e.g., Reddit,

Tumblr, and other blog or message boards);

(h) any cloud storage you use (e.g., DropBox, Microsoft Office365

Account, Google Drive, iCloud, and Amazon Drive).

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 6 of 10
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3. If you cannot comply with any Request in full, you must comply to the 

fullest extent possible, and you should provide an explanation as to why full 

compliance is not possible. 

4. If any document called for by these Requests has been destroyed or 

discarded, you must identify that document in writing by providing the following 

information: (a) any sender/author and any addressee; (b) any indicated or blind 

copies; (c) the document’s date, subject matter, number of pages, and attachments 

or appendices; (d) all Persons to whom the document was distributed, shown, or 

explained; (e) its date of destruction or discard, manner of destruction or discard, 

and reason for destruction or discard; (f) the Persons who authorized and carried out 

such destruction or discard; and (g) whether any copies of the document presently 

exist and, if so, the name of the custodian of each copy. 

5. If no document exists that is responsive to a particular Request, you 

must state so in writing. 

6. Defendants request that you produce all photographs, films, movies, 

and video recordings as native files, in their original resolution and file size. 

7. If you are a current employee of the United States Government, please 

contact our offices immediately so that we may issue these requests through the 

appropriate government agency.

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 7 of 10
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REQUESTS FOR PRODUCTION

1. All non-privileged documents, communications, photographs, and/or

videos exchanged between you and Marcus Hensley concerning the Combat Arms 

Earplug Version 2, including but not limited to Marcus Hensley’s use or non-use of 

the Combat Arms Earplug Version 2. 

2. All non-privileged documents, communications, photographs, and/or

videos exchanged between you and Marcus Hensley concerning Marcus Hensley’s 

use or non-use of hearing protection devices in the military. 

3. All non-privileged documents, communications, photographs, and/or

videos exchanged between you and Marcus Hensley concerning Marcus Hensley’s 

alleged hearing loss and/or tinnitus. 

4. All documents, communications, photographs, and/or videos

exchanged between you and Laterial Hensley concerning Marcus Hensley’s alleged 

hearing loss and/or tinnitus. 

5. All non-privileged documents, communications, photographs, and/or

videos exchanged between you and Marcus Hensley concerning Marcus Hensley’s

military service. 

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 8 of 10
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6. All documents, communications, photographs, and/or videos

exchanged between you and Laterial Hensley concerning Marcus Hensley’s military 

service. 

7. All documents, including but not limited to, hearing transcripts in

connection with Hensley v. Colvin, Commissioner Social Security Administration, 

Case No. 4:14-cv-00030-BSM-JJV (E.D. Ark. 2014), including the appeal to the 

Eighth Circuit Court of Appeals.

8. All non-privileged case files concerning Hensley v. Colvin,

Commissioner Social Security Administration, Case No. 4:14-cv-00030-BSM-JJV 

(E.D. Ark. 2014), including the appeal to the Eighth Circuit Court of Appeals. 

9. All documents, communications, photographs, and/or videos

exchanged between or among you and any other individual or individuals 

concerning Marcus Hensley and alleged hearing loss. 

10. All documents, communications, photographs, and/or videos

concerning the litigation related to the Combat Arms Earplug Version 2 titled In re: 

3M Combat Arms Earplug Products Liability Litigation, Case No. 3:19-md-2885, 

which is currently pending in the United States District Court for the Northern 

District of Florida. 

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 9 of 10
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11. All documents, communications, photographs, and/or videos

concerning Marcus Hensley between you and any Plaintiffs’ Law Firm, including, 

but not limited to Heninger, Garrison Davis law firm. 

12. All documents, communications, photographs, and/or videos 

exchanged between you and Marcus Hensley from January 1, 2020 to present. 

Case 3:20-mc-00071-MCR-GRJ Document 1-1 Filed 11/13/20 Page 10 of 10