AO 88A (Rev. 02/14) Subpoena to Testily at a Deposition in a Civil Action

United States District Court

for the

District ofArizona

Jeremy Thacker )

Plaintiff )

V. ) Civil Action No. 2:18-cv-00063-DJH

GPS Insight, LLC; Robert Donat, individually )

)

Defendant )

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION

To: Robert Donat

(Name ofperson to whom this subpoena is directed)

ffT Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a

deposition to be taken in this civil action. Ifyou are an organization, you must designate one or more officers, directors,

or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or

those set forth in an attachment:

Place: Jaburg Wilk, PC, 3200 North Central Avenue, Suite

2000, Phoenix, Arizona 85012

Date and Time:

08/22/2018 10:00 am

The deposition will be court reporter recorded by this method:

Production: You, or your representatives, must also bring with you to the deposition the following documents,

electronically stored information, or objects, and must pennit inspection, copying, testing, or sampling ofthe

material:

The following provisions ofFed. 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 ofnot doing so.

Date: 07/16/2018

CLERK OF COURT

OR

s/ Jeffrey A. Silence

Signature ofClerk or Deputy Clerk Attorney'ssignature

The name, address, e-mail address, and Plaintiff Thacker telephone number ofthe attorney representing (name ofparty)

, who issues or requests this subpoena, are: Jeffrey A. Silence, counsel for Plaintiff! 602-248-1000

Jaburg Wilk, PC, 3200 N. Central Avenue, Suite 2000, Phoenix, Arizona 85012; jxs(g]aburgwilk.com

Notice to the person who issues or requests this subpoena

Ifthis subpoena commands the production ofdocuments, electronically stored information, or tangible things before

trial, a notice and a copy ofthe 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).

Case 2:18-cv-00063-DJH Document 59 Filed 07/17/18 Page 1 of 2
AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)

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

(c) Place ofCompliance. (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 fi-om the expert’s

study that was not requested by a party.

(C) SpecifyingConditions as an Alternative. In the circumstances

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

modifying a subpoena, order appearance or production under specified

conditions ifthe serving party:

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

otlierwise met without undue hardship; and

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

(c) Duties in Responding to a Subpoena.

(1) Producing Documents orElectronically StoredInformation. 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 ofbusiness or

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

(B) Formfor Producing Electronically StoredInformation 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 fonns 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 StoredInformation. The person

responding need not provide discovery ofelectronically stored information

fi-om sources that the person identifies as not reasonably accessible because

ofundue burden or cost. On motion to compel discovery or for a protective

order, the person responding must show that the infonnation is not

reasonably accessible because ofundue burden or cost. Ifthat showing is

made, the court may nonetheless order discovery from such sources ifthe

requesting party shows good cause, considering the limitations ofRule

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 ofthe withlield documents, communications, or

tangible things in a manner that, withoutrevealing information itself

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

(B) Information Produced. Ifinformation produced in response to a

subpoena is subject to a claim ofprivilege or ofprotection as

trial-preparation material, the person making the claim may notify any party

that received the information ofthe 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 ifthe 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 ofthe claim. The person who

produced the information must preserve the information until the claim is

resolved.

(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 ofwhere 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, iftlie 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 OtherDiscovery. A subpoena may command:

(A) production ofdocuments, electronically stored information, or

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

employed, orregularly transacts business in person; and

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

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

{\)Avoiding Undue Burden orExpense; 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. Tlie 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 ProduceMaterials or PermitInspection.

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

documents, electronically stored information, ortangible things, or to

permit the inspection ofpremises, 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 orto permit inspection may serve on tlie party or attorney designated

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

sampling any or all ofthe materials orto inspecting the premises—orto

producing electronically stored information in the form or forms requested.

The objection must be served before tlie earlier ofthe time specified for

compliance or 14 days afterthe subpoena is served. Ifan 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 orinspection.

(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 ofprivileged or other protected matter, ifno

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) 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 ifit requires:

(g) Contempt.

The court for tlie 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 2:18-cv-00063-DJH Document 59 Filed 07/17/18 Page 2 of 2