AO 88A (Rev. 02/14) Subpoena to Testify 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: Elliot Batcheller

(Name ofperson to whom this subpoena is directed)

S?r Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at

deposition to be taken in this civil action. If you 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,

those set forth in an attachment:

a

or

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

2000, Phoenix, Arizona 85012

Date and Time:

08/23/2018 10:00 am

The deposition will be court reporter recorded by this method:

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

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

material: See Exhibit A attached.

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's signature

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 PlaintiffI 602-248-1000

Jaburg Wilk, PC, 3200 N. Central Avenue, Suite 2000, Phoenix, Arizona 85012; jxs(^jaburgwilk.com

Notice to the person who issues or requests this subpoena

Ifthis subpoena commands the production of documents, 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 60 Filed 07/17/18 Page 1 of 3
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 from the expert’s

study that was not requested by a party.

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

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

modifying a subpoena, order appearance or production underspecified

conditions ifthe 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.

(1) For a Trial, Hearing, orDeposition. 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, orregularly

transacts business in person, ifthe 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 ofdocuments, electronically stored information, or

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

employed, or regularly 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 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. 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) Commandto Produce Materials 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 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 ofthe materials orto inspecting the premises—or to

producing electronically stored information in the form or forms requested.

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

compliance or 14 days after the 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 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.

(e) Duties in Responding to a Subpoena.

(1) ProducingDocuments 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 ofbusiness or

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

(B) FormforProducing 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 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 ofelectronically stored information

from sources that the person identifies as notreasonably accessible because

ofundue 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 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 withheld 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-preparationmaterial, the person making the claim may notify any party

tliat 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.

(3) Quashing orModifying 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) 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 ifit requires:

(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 (20! 3).

Case 2:18-cv-00063-DJH Document 60 Filed 07/17/18 Page 2 of 3
Elliot Batcheller - Exhibit A

Every text message or instant message sent or received, including all messages

sent or received 48 hours before and after any such message, from Mr. Batcheller

between the dates ofJanuary 1, 2017 to present, including but not limited to texts,

iMessages, messages on any social media or messaging application containing

any ofthe following terms:

Jeremy

Thacker

o

JT

(CJ.T.

Kristin

Lisson

KX

K.L. 53

Rob

Donat

39

U

RD39

R.D.

Gob

lawyer

legal

attorney

fired

firing

terminated

o In paragraph 28 ofDefendant’s Answer to Complaint, Defendants admit that Mr.

Batcheller sent a text message (^incorrectly stated as an email message in

Defendant’s Answer to Complaint) to Kristin Lisson relating to “protecting

Jeremy from Rob” after she disclosed her relationship with Mr. Donat. Produce

Ihis text message.

iC 99

93

20071 -2007I-00001\JXS\JXS\3175942.1

Case 2:18-cv-00063-DJH Document 60 Filed 07/17/18 Page 3 of 3