AO 88B (Rev. 06/09) 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.

(If the action is pending in another district, state where: 

Defendant __________ District of __________ )

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 

To:

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 permit their 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 provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule

45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are

attached.

Date:

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

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

, who issues or requests this subpoena, are:

 Western District of Texas

Jason Lee Van Dyke

Thomas Retzlaff, et al

1:20-MC-00657-LY

GoDaddy.com, LLC, 14455 North Hayden Rd.,Suite 2191, Scottsdale, AZ 85260

✔

See attached list

By emailing the documents to: Retzlaff@texas.net

07/10/2020 11:38 am

Thomas Retzlaff

Thomas Retzlaff, PO Box 46424, Phoenix, AZ 85063-6424; Retzlaff@texas.net; (210) 317-9800

Case 1:20-mc-00657-LY Document 10 Filed 06/28/20 Page 1 of 4
AO 88B (Rev. 06/09) 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.)

This subpoena for (name of individual and title, if any)

was received by me 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 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:

0.00

1:20-MC-00657-LY

Case 1:20-mc-00657-LY Document 10 Filed 06/28/20 Page 2 of 4
AO 88B (Rev. 06/09) 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), and (e) (Effective 12/1/07)

(c) Protecting a Person Subject to a Subpoena.

 (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 issuing court 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 issuing court 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 issuing court must

quash or modify a subpoena that:

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

 (ii) requires a person who is neither a party nor a party’s officer

to travel more than 100 miles from where that person resides, is

employed, or regularly transacts business in person — except that,

subject to Rule 45(c)(3)(B)(iii), the person may be commanded to

attend a trial by traveling from any such place within the state where

the trial is held;

 (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 issuing court may, on motion, quash or modify the

subpoena if it requires:

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

development, or commercial information;

 (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; or

 (iii) a person who is neither a party nor a party’s officer to incur

substantial expense to travel more than 100 miles to attend trial.

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

described in Rule 45(c)(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.

(d) 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 trialpreparation 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 to

the court under seal for a determination of the claim. The person

who produced the information must preserve the information until

the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person

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

subpoena. A nonparty’s failure to obey must be excused if the

subpoena purports to require the nonparty to attend or produce at a

place outside the limits of Rule 45(c)(3)(A)(ii).

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SUBPOENA DUCES TECUM - 1

1. From the date of its creation until present, any and all documents, electronically stored 

information, payment information, tangible or intangible items containing or that may 

lead to, the identification, personal information and/or contact information of every 

person or party:

a) purchasing and/or owning the universal resource locator(s) (“URL”) and/or domain 

names: www.jeffreydorrell.com

2. From the date of its creation until present, any and all documents, electronically stored 

information, payment information, tangible or intangible items containing or that may 

lead to, the identification, personal information and/or contact information of every 

person or party:

b) accessing the Relevant Domains, the user account associated with the Relevant 

Domains, and/or any Content Management System (“CMS”). This request should be 

construed broadly. For example: including but not limited to any customer service 

logs; audio recordings made of telephone customer service calls; records reflecting 

changes made to the customer's account; e-mail addresses used in creating, 

maintaining or communicating with any server side software or CMS; the IP address 

used to log in to the customer's account, including the date and time of the log in."

The person to whom the items are to be produced to is as follows: 

Tom Retzlaff

PO Box 46424

Phoenix, AZ 85063-6424

(210) 317-9800

Retzlaff@texas.net

Case 1:20-mc-00657-LY Document 10 Filed 06/28/20 Page 4 of 4