Taylor v. C6 Disposal Systems, Inc.

Western District of Texas, txwd-5:2019-cv-00347

Exhibit subpoena

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Exhibit A Casse55199€OV60324755&C Diboaumeert1421 Piibeld666148199 Paage120067 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 Western District of Texas CHARLES TAYLOR Plaintiff v. Civil Action No. 5:19-CV-00347-ESC C6 DISPOSAL SYSTEMS, INC. (If the action is pending in another district, state where: Defendant SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: ACT Disposal, LLC, 5231 FM 482, New Braunfels, TX 78132, (830) 626-6825 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: See attached, Ex. A Place: Riley & Riley, Attorneys at Law 320 Lexington Ave. San Antonio, TX 78215 Date and Time: 07/17/2019 12:00 pm 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: 06/13/2019 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) C6 Disposal Systems, Inc., who issues or requests this subpoena, are: Charles Riley, 320 Lexington Ave., San Antonio TX 78215, charlesriley@rileylawfirm.com, (210) 225-7236 Caase551 99ERVOO3247E156C Deocumeen t1421 FieldbO6148199 Pance230067 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. 5:19-CV-00347-ESC 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) June 13, 2014 Ace Disposal LLC I served the subpoena by delivering a copy to the named person as follows: Marc Olveda at - 5231 FM 482, New Braunfels, TX 78132 _on (date) June 13, 2019; or 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 $ 0.00 I declare under penalty of perjury that this information is true. Date: June 13, 2019_ Server's signature Jennifer Stombridge Printed name and title 9939 Misty Plans De San Antonio, TX 78245 Server's address Additional information regarding attempted service, etc: Case551.99EUVOO3447E156C Documeet t1421 iideldbO6148199 Plaace3406 67 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.' (d) Duties in Responding to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or (1) Producing Documents or Electronically Stored Information. attorney responsible for issuing and serving a subpoena must take These procedures apply to producing documents or electronically reasonable steps to avoid imposing undue burden or expense on a stored information: person subject to the subpoena. The issuing court must enforce this (A) Documents. A person responding to a subpoena to produce duty and impose an appropriate sanction which may include lost documents must produce them as they are kept in the ordinary earnings and reasonable attorney's fees -- on a party or attorney course of business or must organize and label them to correspond to who fails to comply. the categories in the demand. (2) Command to Produce Materials or Permit Inspection. (B) Form for Producing Electronically Stored Information Not (A) Appearance Not Required. A person commanded to produce Specified. If a subpoena does not specify a form for producing documents, electronically stored information, or tangible things, or electronically stored information, the person responding must to permit the inspection of premises, need not appear in person at the produce it in a form or forms in which it is ordinarily maintained or place of production or inspection unless also commanded to appear in a reasonably usable form or forms. for a deposition, hearing, or trial. (C) Electronically Stored Information Produced in Only One (B) Objections. A person commanded to produce documents or Form. The person responding need not produce the same tangible things or to permit inspection may serve on the party or electronically stored information in more than one form. attorney designated in the subpoena a written objection to (D) Inaccessible Electronically Stored Information. The person inspecting, copying, testing or sampling any or all of the materials or responding need not provide discovery of electronically stored to inspecting the premises — or to producing electronically stored information from sources that the person identifies as not reasonably information in the form or forms requested. The objection must be accessible because of undue burden or cost. On motion to compel served before the earlier of the time specified for compliance or 14 discovery or for a protective order, the person responding must show days after the subpoena is served. If an objection is made, the that the information is not reasonably accessible because of undue following rules apply: burden or cost. If that showing is made, the court may nonetheless (i) At any time, on notice to the commanded person, the serving order discovery from such sources if the requesting party shows party may move the issuing court for an order compelling production good cause, considering the limitations of Rule 26(b)(2)(C). The or inspection. court may specify conditions for the discovery. (ii) These acts may be required only as directed in the order, and (2) Claiming Privilege or Protection. the order must protect a person who is neither a party nor a party's (A) Information Withheld. A person withholding subpoenaed officer from significant expense resulting from compliance. information under a claim that it is privileged or subject to (3) Quashing or Modifying a Subpoena. protection as trial-preparation material must: (A) When Required. On timely motion, the issuing court must (i) expressly make the claim; and quash or modify a subpoena that: (ii) describe the nature of the withheld documents, (i) fails to allow a reasonable time to comply; communications, or tangible things in a manner that, without (ii) requires a person who is neither a party nor a party's officer revealing information itself privileged or protected, will enable the to travel more than 100 miles from where that person resides, is parties to assess the claim. employed, or regularly transacts business in person - except that, (B) Information Produced. If information produced in response to a subject to Rule 45(C)(3)(B)(iii), the person may be commanded to subpoena is subject to a claim of privilege or of protection as trial- attend a trial by traveling from any such place within the state where preparation material, the person making the claim may notify any the trial is held; party that received the information of the claim and the basis for it. (iii) requires disclosure of privileged or other protected matter, if After being notified, a party must promptly return, sequester, or no exception or waiver applies; or destroy the specified information and any copies it has; must not use (iv) subjects a person to undue burden. or disclose the information until the claim is resolved; must take (B) When Permitted. To protect a person subject to or affected by reasonable steps to retrieve the information if the party disclosed it a subpoena, the issuing court may, on motion, quash or modify the before being notified; and may promptly present the information to subpoena if it requires: the court under seal for a determination of the claim. The person (i) disclosing a trade secret or other confidential research, who produced the information must preserve the information until development, or commercial information; the claim is resolved. (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from (e) Contempt. The issuing court may hold in contempt a person the expert's study that was not requested by a party; or who, having been served, fails without adequate excuse to obey the (iii) a person who is neither a party nor a party's officer to incur subpoena. A nonparty's failure to obey must be excused if the substantial expense to travel more than 100 miles to attend trial. subpoena purports to require the nonparty to attend or produce at a (C) Specifying Conditions as an Alternative. In the circumstances place outside the limits of Rule 45(c)(3)(A)(ii). 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. Caase55199EDVOOG24775&C Deocumeen t1421 Fideldb66148199 Place450067 EXHIBIT "A" INSTRUCTIONS AND DEFINITIONS 1. As used herein, the terms, "you" and "your" shall refer to ACT Disposal, LLC, its attorneys, agents, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of ACT Disposal, LLC, whether authorized to do so or not. 2. The document requests seek the production of the original documents, as well as all identical and all non-identical copies of the requested documents. 3. objection. If you object to a Request, state the factual and/or legal basis for your 4. Designate each Request to which the documents produced are responsive. 5. No Request shall be construed as limiting any other Request or the general language in the same Request. 6. If you claim that any requested document is privileged or otherwise protected from discovery, state the following with regard to each document in a Privilege Log: its author; its date; its addressees; its general nature and subject matter, and the basis upon which you claim it is privileged or otherwise protected from discovery vodovo 7. These Requests shall be continuing. 8. The conjunctions "and" and "or" shall be interpreted to include "and/or" and shall not be interpreted to exclude any requested document. 9. Any and all data or information which is in electronic or magnetic form should be produced in a reasonable manner. 10. As used herein, the term "documents" shall mean all writings of every kind, source and authorship, both originals and all non-identical copies thereof, in your possession, custody, or control, or known by you to exist, irrespective of whether the writing is one intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including without limitation any government agency, department, administrative, or private entity or person. The term shall include handwritten, typewritten, email, printed, photocopied, photographic, or recorded matter. Caase55199EDVOC24775&C Deocumeen t1221 Fideldb66148199 Plaaee560067 It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. For purposes of illustration and not limitation, the term shall include: affidavits; agendas; agreements; analyses; announcements; bills, statements, and other records of obligations and expenditures; books; brochures; bulletins; calendars; canceled checks, vouchers, receipts and other records of payments; charts or drawings; check registers; checkbooks; circulars; collateral files and contents; contracts; corporate bylaws; corporate charters; correspondence; credit files and contents; deeds of trust; deposit slips; diaries or drafts; files; guaranty agreements; instructions; invoices; ledgers, journals, balance sheets, profit and loss statements, and other sources of financial data; letters; logs, notes, or memoranda of telephonic or face-to-face conversations; manuals; memoranda of all kinds, to and from any persons, agencies, or entities; minutes; minute books; notes; notices; parts lists; papers; press releases; printed matter (including books, articles, speeches, and newspaper clippings); purchase orders; records; records of administrative, technical, and financial actions taken or recommended; reports; safety deposit boxes and contents and records of entry; schedules; security agreements; specifications; statements of bank accounts; statements or interviews; stock transfer ledgers; technical and engineering reports, evaluations, advice, recommendations, commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results, and conclusions; summaries, notes, and other records and recordings of any conferences, meetings, visits, statements, interviews or telephone conversations; telegrams; teletypes and other communications sent or received; transcripts of testimony; UCC instruments; work papers; and all other writings, the contents of which relate to, discuss, consider, or otherwise refer to the subject matter of the particular discovery requested. 11. "Person" or "persons" means any natural persons, firms, partnerships, associations, joint ventures, corporations and any other form of business organization or arrangement, as well as governmental or quasi-governmental agencies. If other than a natural person, include all natural persons associated with such entity. 12. All electronic data responsive to these requests should be produced in a reasonable format via CD-ROM. 13. You are directed that each request seeks documents for the period of time from October 31, 2017 up to and including the present date. USE OF DEFINITIONS The use of any particular gender in the plural or singular number of the words defined under paragraph "1", "Definitions" is intended to include the appropriate gender or number as the text of any particular request for production of documents may require. Caase55199EDVOOG24775&C Deocumeen t1221 Fideldb66148199 Paacc670067 DOCUMENTS TO BE PRODUCED 1. All documents that describe, refer to, support, reflect, memorialize, or substantiate your policies and procedures for lunch breaks or other breaks during the workday which pertain to your employee Charles Taylor (DOB: 07/02/1958; Last 4 Digits of SSN: 4166), including without limitation any policies and procedures relating to automatic deductions for time spent on such breaks and/or the calculation of an employee's compensation relating to such breaks. 2. All documents that describe, refer to, support, reflect, memorialize, or substantiate Charles Taylor's acknowledgement of and/or agreement to your policies and procedures for lunch breaks or other breaks during the workday while employed by you, including without limitation any policies and procedures relating to automatic deductions for time spent on such breaks and/or the calculation of an employee's compensation relating to such breaks. 3. All documents that describe, refer to, support, reflect, memorialize, or substantiate timesheets and/or records of time worked by Charles Taylor. 4. All documents that describe, refer to, support, reflect, memorialize, or substantiate representations made to you by Charles Taylor regarding lunch breaks or other breaks during the workday while employed by you. 5. All documents that describe, refer to, support, reflect, memorialize, or substantiate any claim made by Charles Taylor that he is or is not taking lunch breaks or other breaks during the workday while employed by you. 6. All documents that describe, refer to, support, reflect, memorialize, or substantiate any claim made by Charles Taylor that he is not being properly paid by you in connection with his taking or not taking lunch breaks or other breaks during the workday while employed by you.