AO 88B (Rev. 06109) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action # UNITED STATES DISTRICT COURT for the Southern District of Florida Plaintiff v. Defendant Civil Action No. 08-civ-80119-Marra. Of the action is pending hi another district, state wbere: Southern District of Florida ## SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Presidential Women's Center, Records Custodian. 100 Northpoint Parkway, West Palm Beach, FL 33401 (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 EXHIBIT A | Place: Burman Critton Luttier & Coleman, LLC
303 Banyan Blvd. Suite #400
West Palm Beach, FL 33401 | Date and Time:
11/30/2009 9:00 am | | ---------------------------------------------------------------------------------------------------------- | -------------------------------------- | | ---------------------------------------------------------------------------------------------------------- | -------------------------------------- | OInspection 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 aperson 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: 11 i1 ROMA CLERK OF COURT OR Signaturo of Clerk or Deputy Cknt Attorney's signature The name, address, e-mail, and telephone number of the attorney representing (name of party) Defendant, who issues or requests this subpoena, are: Burman Clifton Luther & Coleman, LIC, 303 Banyan Blvd., #400, West Palm Beach, FL. 33401; Phone (561) 842-2820; Fax (561) 844-6929; mplke@bddaw.com (Attorney); jcadwellabcIclaw.com (Paralegal) NA.. AO 88B (Rev. 06/09)Subpocna to Product Doane-its, lothrmation, or Objects of to Permit Inspection of Premises in s Civil Action (Page 2) Civil Action No. 08-civ-80119-MarraMil ### PROOF OF SERVICE (This section should not be filed with the court unless required by Fed It CYv. P. 45.) This subpoena for (name °lawny/dual and title, raw) was received by me on (dale) CI I served the subpoena by delivering a copy to the named person as follows: on orro or O 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 S 0.00 Date: Ideclare under penalty of perjury that this information is true. Server's signature Printed name and tide Server's address **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 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 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). Acopy of the entire file of /MUM whose date of birth ISind social security number issaigiancluding but not limited to any forms completed by the patient, medical records, reports, lab or diagnostic test results, consultants' reports, letters to and from the patient, handwritten office notes by any person, telephone messages, computer data kept on the patient, attorney letters, photographs, charts, intake forms, release forms and consultations from January 1, 1999 through the date of this Subpoena. \*If you require the entire Social Security number, please contact our office at 561-842-2820 and ask for Jessica Cadwell. AO 83B (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 Southern District of Florida Plaintiff v. Defendant Civil Action No. 08-clv-80119-Marral. (If the action is pending in another district, state where: Southern District of Florida ## SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES LN A CIVIL ACTION To: Presidential Women's Center, Records Custodian, 100 Northpoint Parkway, West Palm Beach, FL 33401 aD 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 EXHIBIT A | Place: Burman Critton Luttier & Coleman, LLC
303 Banyan Blvd. Suite #400
West Palm Beach, FL 33401 | Date and Time:
11/30/2009 9:15 am | | ---------------------------------------------------------------------------------------------------------- | -------------------------------------- | | ---------------------------------------------------------------------------------------------------------- | -------------------------------------- | Cl 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. It Civ. P. 45(c), relating to your protection as aperson 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: 11N '1(21)02 CLERIC OF COURT OR Signature of Clerk or Deputy Clerk is strain The name, address, e-mail, and telephone number of the attorney representing (none of party) Defendant, who issues or requests this subpoena, are: Burman Critton Luther & Coleman, LLC, 303 Banyan Blvd., #400, West Palm Beach, FL 33401; Phone (561) 842-2820; Fax (561) 844-6929; mplkergbdclaw.com (Attorney); Jcadwell@bciclaw.com (Paralegal) AO 88B (Rev. 0649) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in s Civil Action (Page 2) Civil Action No. 08-clv-80110-Marra ### 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 Wit, !fatty) was received by me on (date) O I served the subpoena by delivering a copy to the named person as follows: on (dau) ; or O 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 S for travel and \$ for services, for a total of \$ 0.00 Date: I declare under penalty of perjury that this information is true. Server's signature Printed name and Wit Server's address ### Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective I2/1/07) ### (c) Protecting aPerson 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 cowl must enforce this duty and impose an appropriate sanction — which may include lost earnings and reasonable attorney's fees — on aparty or attorney who fails to comply. ### (2) Command to Produce Materials or Pen ni: 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 awritten 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 aparty'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: (9 falls to allow a reasonable time to comply; (i) requires a person who is neither a party nor aparty's officer to navel more than 100 miles from where that person resides, is employed, or regularly transacts business in person — except that, subject to Rule 45(cX3XB)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (ill) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permuted. To protect a person subject to or affected by asubpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: () disclosing atrade secret or other confidential research, development, or commercial information; (I) 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 (Ill) a person who is neither a party nor aparty's officer to incur substantial expense to travel more than 100 miles to attend trial. (C) Specking Conditions as an Alternative. In the circumstances described in Rule 45(c)(3XB), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: () shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (11) 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 me 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 asubpoena does not specify aform for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in areasonably 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(bX2XC). 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 muse (i) expressly make the claim; and (i) 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(eX3)(AXii). A copy of the entire file of Sibrhose date of birth Sand social security number is irmarisincluding but not limited to any forms completed by the patient, medical records, reports, lab or diagnostic test results, consultants' reports, letters to and from the patient, handwritten office notes by any person, telephone messages, computer data kept on the patient, attorney letters, photographs, charts, intake forms, release forms and consultations from January 1, 1999 through the date of this Subpoena. \*If you require the entire Social Security number, please contact our office at 561-842-2820 and ask for Jessica Cadwell. AO 88B (Rev. 060) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action # UNITED STATES DISTRICT COURT for the Sputhem District of Florida Plaintiff v. Defendant Civil Action No. 08-civ-80119-Marna (If the action is pending in another district, state where: Southern District of Florida ## SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Presidential Women's Center, Records Custodian, 100 Northpoint Parkway, West Palm Beach, FL 33401 li~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 EXHIBIT A | Place: Burman Critton Luttier & Coleman, LLC
303 Banyan Blvd. Suite #400
West Palm Beach, FL 33401 | Date and Time:
11/30/2009 9:45 am | | ---------------------------------------------------------------------------------------------------------- | -------------------------------------- | | ---------------------------------------------------------------------------------------------------------- | -------------------------------------- | OInspection 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: 1ll13i70D9 CLERK OF COURT Signature of Clerk or Deputy Clerk OR An• 's signature The name, address, e-mail, and telephone number of the attorney representing (name of parry) Defendant, who issues or requests this subpoena, are: Burman Critton Luther & Coleman, LLC, 303 Banyan Blvd., #400, West Palm Beach, FL 33401; Phone (561) 842-2820; Fax (561) 844-6929; mplke©bciclaw.com (Attorney); jcadwell©bc1claw.corn (Paralegal) AO 888 (Rev. 06/09) Subpoena to Produce Documents, Inforroatioo, or Objects or to Pamir Impaction of Premises in a Civil Action (Page 2) Civil Action No. 08-clv-80119-Marra/. ### PROOF OF SERVICE (This section should not be flied with the court unless required by Fed. R. Civ. P. 45.) This subpoena for (name of individual rind Urfa. Vary) was received by me on (dare) OI served the subpoena by delivering a copy to the named person as follows: on (date) ; Or O 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 S for travel and S for services, for a total of S 0.00 Date: Server's signature Ideclare under penalty of perjury that this information is true. Printed name and title Server's address ### Federal Rule of Civil Procedure 45 (e), (d), and (e) (Effective 12/1/07) ### (e) Protecting aPerson 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 aparty 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 awritten 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 saved 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 saving 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 aparty'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 aparty'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(cX3XBXiii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (Ill) 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 asubpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (i) disclosing atrade secret or other confidential research, development, or commercial information; (If) 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 (Ill) a person who is neither a party nor aparty'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(cX3XB), 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) Dulles 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 aform for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in areasonably 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 hfonnafion. The person responding need not provide discovery of electronically stored Information from sources that the person identities 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(bX2XC). 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 manna 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(cX3)(A)(ii). ### valutrr "A" Acopy of the entire file whose date of birth alla and social security number is eluding but not limited to any forms completed by the patient, medical records, reports, lab or diagnostic test results, consultants' reports, letters to and from the patient, handwritten office notes by any person, telephone messages, computer data kept on the patient, attorney letters, photographs, charts, intake forms, release forms and consultations from January 1, 1996 through the date of this Subpoena. \*If you require the entire Social Security number, please contact our office at 561-842-2820 and ask for Jessica Cadwell. 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 Southern District of Florida [REDACTED]\ Plaintiff\ v. Defendant )\ )\ )\ )\ )\ ) Civil Action No. 08-civ-80119-Marra/Johnson (If the action is pending in another district, state where:\ Southern District of Florida ) ## SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Presidential Women's Center, Records Custodian, 100 Northpoint Parkway, West Palm Beach, FL 33401 *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 EXHIBIT A | Place: Burman Critton Luttier & Coleman, LLC
303 Banyan Blvd. Suite #400
West Palm Beach, FL 33401 | Date and Time:
11/30/2009 10:00 am | | ---------------------------------------------------------------------------------------------------------- | --------------------------------------- | | ---------------------------------------------------------------------------------------------------------- | --------------------------------------- | *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: 11/13/2009 CLERK OF COURT OR Signature of Clerk or Deputy Clerk ![](<>)The name, address, e-mail, and telephone number of the attorney representing (name of party) Defendant , who issues or requests this subpoena, are: Burman Critton Luttier & Coleman, LLC, 303 Banyan Blvd., #400, West Palm Beach, FL 33401;\ Phone (561) 842-2820; Fax (561) 844-6929; mpike@bclclaw.com (Attorney); jcadwell@bclclaw.com (Paralegal) AO 888 (Rev. 06(09) Subpoena to Product Documents, Intonation, or Objects ot to Permit Inspection of Premises in aCivil Action (Page 2) Civil Action No. 08-civ-80119-Marra/M ### PROOF OF SERVICE (This section should not bellied with the court unless required by Fed R. Civ. P. 45.) This subpoena for (name of individual and tide, ((any) was received by me on (dale) OI served the subpoena by delivering a copy to the named person as follows: on (date) ; or CI 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 S My fees are S for travel and S for services, for atotal of 0.00 Date: Ideclare under penalty of perjury that this information is true. Server's signature Printed name and ride Server's address ### 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 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 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). A copy of the entire file of whose date of birth and social security number is so, including but not limited to any forms completed by the patient, medical records, reports, lab or diagnostic test results, consultants' reports, letters to and from the patient, handwritten office notes by any person, telephone messages, computer data kept on the patient, attorney letters, photographs, charts, intake forms, release forms and consultations from January 1, 1998 through the date of this Subpoena. •If you require the entire Social Security number, please contact our office at 561-842-2820 and ask for Jessica Cadwell. AO 888 (Rev. 06109) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in aCivil Action # UNITED STATES DISTRICT COURT for the Southern District of Florida Plaintiff v. Defendant Civil Action No. 08-civ-B0119-Marra/ (If the action is pending in another district, state where: Southern District of Florida ### SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Presidential Women's Center, Records Custodian, 100 Northpoint Parkway, West Palm Beach, FL 33401 ti 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 EXHIBIT A | Place: Burman Critton Luttler & Coleman, LLC
303 Banyan Blvd. Suite #400
West Palm Beach, FL 33401 | Date and Time:
11/30/2009 10:15 am | | ---------------------------------------------------------------------------------------------------------- | --------------------------------------- | | ---------------------------------------------------------------------------------------------------------- | --------------------------------------- | 0Inspection 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 aperson 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: 11111/2009 CLERK OF COURT Signature of Clerk or Deputy Clerk OR Alto signature The name, address, e-mail, and telephone number of the attorney representing (name of parry) Defendant, who issues or requests this subpoena, are: Burman CrItton Luttler & Coleman, LLC, 303 Banyan Blvd., #400, West Palm Beach, FL 33401; Phone (561) 842-2820; Fax (561) 8446929; mplke@bdclaw.com (Attorney); jcadwellfgbelciaw.can (Paralegal) A0888 (Rey. 06M) Subpoena to Produce Document, intimation, or Objects ato Permit Inspection of Promisee in a Civil Action (Pate 2) Civil Action No. 08-Glv-80119-Marra/Johnson ### PROOF OF SERVICE (This section should not be filed with the court unless required by Fed R. Cly. P. 45.) This subpoena for (name of individual and tale, rf any) was received by me on (dam) OI served the subpoena by delivering a copy to the named person as follows: 1. (dale) ; or OI 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 S My fees are \$ for travel and \$ for services, for atotal of S O.p0 • Date: Ideclare under penalty of perjury that this information is true. Server's signature Printed name and title Server's address ### 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 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 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). A copy of the entire file °a whose date of birth Illa and social security number is ne, including but not limited to any forms completed by the patient, medical records, reports, lab or diagnostic test results, consultants' reports, letters to and from the patient, handwritten office notes by any person, telephone messages, computer data kept on the patient, attorney letters, photographs, charts, intake forms, release forms and consultations from January 1, 1996 through the date of this Subpoena. •If you require the entire Social Security number, please contact our office at 561-842-2820 and ask for Jessica Cadwell.