8/6/2019 LIBERI v BELCHER, et al. - 184 - Received copy of
subpoena from CT Corporation saying that original was returned to
Dft Edgar S Hale - Gov Uscourts Txnd
3/7
Case 2:11-cv-00090-J Document 184 Filed 08/10/11 Page 3 of 7
PageID 4066
AO 888 (Rev. 06l09) Subpoena to Produce Docwnents,
Information,or Objects or to Pennit Inspectionof Premises in a
Civil Action(Page3}
Federal Rule of Civil Procedure 45 (c), (d), an d (e) (Effective
12/1/07)
(e) Protecting a Pers on Subject to a Subpoena.(1) Avoiding
Undue Burden or Expense; Sanctions. A party or
attorney responsible for issuing and serving a subpoena must
takereasonable' steps to avoid iinposing undue burden or expense on
aperson subject to the subpoena The issuing court must enforce
thisduty and impose an appropriate sanction - which may include
lostearnings and reasonable attorney's fees - on a party or
attorneywho fails to comply.
(2 ) Command to Produce MtlleriaIs or Permillnspection.. (A)
Appearance Not ReqUired. A person commanded to produce
documents, electronically stored information, or tangible
things, orto permit the inspection of premises, need not appear in
person at theplace of production or inspection unless a1sq
commanded to appearfor a deposition, hearing, or trial.
(B) Objections. j( ' person commanded to produce documents
ortangible things or to permit inspection may serve on the party
orattorney designated in,the subpoena a written objection
toinspecting, c o p y i n ~testing or sampling any or all of he
materials orto inspecting the premises - or to producing
electronically storedinformation in the form or forms requested.
The objection must be
served before the earlier of the time specified for compliance
or 14days after the subpoena is served. If an objection is made,
thefollowing rules apply:
(i) At any time, on notice to the commanded person, the
servingparty may move the issuing court for an order compelling
productionor 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 'sofficer from significant expense resulting from
compliance.
(3) Quashing or Modifying a Subpoenll.(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 JOO miles from where.that person resides,
is
employed, or regularly transacts business in person - except
that, -subject to Rule 45(c)(3)(B)(JJi), the person may be
commanded to .'attend a trial by traveling from any such place
within the state w h e ~the trial is held;
(iii) requires disclosure of privileged or other protected
matter, ifno exception or waiver applies; or
(iv) subjects a person to undue burden.(B) When Permined. To
protect a person subject to or affected by
a subpoena, the issuing court may, on motion, quash or modifY
thesubpoena if it requires:
(i) disclosing a trade secret or other confidential
research,development, or commercial information;
(ii) disclosing an unrctained expert's opinion or information
thatdoes not describe specific occurrences in dispute and results
fromthe 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
incursubstantial expense to travel more than 100 miles to attend
trial.(C)SpecifYmg C01lditionsas an Alternative. In the
circumstances
described in Rule 45(c)(3)(B), the court may, instead of
quashing ormodifYing a subpoena, order appearance or production
underspecified conditions if the serving party:
(i) shows a substantial need for the testimony or material
thatcannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be
reasonablycompensated. .
(d) Duties in Responding to a Subpoena.(1) Producing Documents
or EleclroniCtll1y Stored Information.
These procedures apply to producing documents or
electronicallystored information:
(A) Documents. A person responding to a subpoena to
produce'documents must produce them as they are kept in the
ordinarycourse of business or must organize and label them to
correspond tothe categories in the demand. . ' .
(B) Form for ProduCing Electronically Stored Information
NotSpecified. If a subpoena does not specifY a form for
producingelectronically stored information, the person responding
mustproduce it in a form or forms in which it is ordinarily
maintained orin a reilsonably usal?lc form or forms.
(C) Electronically Stored Information Produced in Ollly OneForm.
The person responding need not produce the sameelectronically
stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The
personresponding need not provide discovery of electronically
storedinformation 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
showthat the information is not reasonably accessible because of
undueburden or cost If hat showing is made, the court may
nonethelessorder discovery from such sources if the requesting
party showsgood cause, considering the limitations of Rule
26(b)(2)(C). Thecourt may specifY conditions for the discovery.
(2 ) Claiming Privilege or Protect",n.(A) In!flrmation Withheld.
A person withholding subpoenaed
information under a claim that it is privileged or subject
toprotection as trial-preparation material must: .
(i) expressly make the claim; and(ii) describe the nature of he
w i t ~ h e l ddocuments,
communications, or tangible things in a manner that,
withoutrevealing information itself privileged or protected, will
enable theparties to assess the claim.
(B) Information Produced. If information produced in response to
asubpoena is subject to a claim of privilege or of protection as
trialpreparation material, the person making the claim may notifY
anyparty that received.the information of he claim and the basis
for i tAfter being notified, a party must promptly return,
sequester, ordestroy the specified information and any copies it
has; must not useor disclose the information until the claim is
resolved; must takereasonable steps to retrieve the information if
he party disclosed itbefore being notified; and may promptly
present the information tothe court under seal for a determination
of he claim. The personwho produced the information must preserve
the information untilthe claim is resolved.
(e) Contempt . The issuing court may hold in contempt a
personwho, having been served, fails without adequate excuse to
obey the
subpoena. A nonparty's failure to obey mustbe
excused if thesubpoena purports to require the nonparty to
attend or produce at aplace outside the limits of Rule
45(c)(3)(A)(ii).
8/6/2019 LIBERI v BELCHER, et al. - 184 - Received copy of
subpoena from CT Corporation saying that original was returned to
Dft Edgar S Hale - Gov Uscourts Txnd
6/7
Case 2:11-cv-00090-J Document 184 Filed 08/10/11 Page 6 of 7
PageID 4069USINESS ORGANIZAn O N S INQUIRY
TEXAS SECRETARY of STATEHOPE ANDRADE
Page 1 o f 1
UCC 16usiness Q r g a n i ~ a t i o m ;I Irademarks I Notary I
Account I Help/Fees 16riefcase I. LogoutFIND GLOBAL NAME SEARCH
This search was performed on with the following search
parameter:ENTITY NAME: quest communications
Filing Entity Name NameMark Number Name Entity Type Status ~
Status0 ~ 5 0 0 0 Q 6 QUEST COMMUNICATIONS Foreign For-Profit
Forfeited Legal Inactive
CORP. Corporation existence
0 6 2 ~ _ e 2 _ o Q QQUEST COMMUNICATIONS, Domestic For-
Forfeited Legal InactiveINC. Profit existence
Corporation
0 70665600 QUEST COMMUNICATIONS Domestic For- Forfeited Assumed
ExpiredProfit existenceCorporation
0 l ~ ~ I ~ ~ _ ~ t O O _QUEST COMMUNICATIONS Domestic For-
Voluntarily Legal InactiveINTL., INC. Profit dissolved
Corporation
0 j45905900 QUEST COMMUNICATIONS Domestic For- Forfeited Legal
InactiveINC. Profit existence
Corporation
0 6e0787QO TRI-QUEST Domestic For- Voluntarily Legal
InactiveCOMMUNICATIONS, Profit dissolvedINCORPORATED
Corporation
0 . 9650306 QUEST Foreign For-Profit Forfeited Legal
InactiveTELECOMMUNICATIONS, INC. Corporation existence
0 800019]79 Quest telecom Solutions Inc. Domestic For- Forfeited
Legal InactiveProfit existenceCorporation
0 128815600 QUEST WIRELESS Domestic For- I n existence Legal
PriorCOMMUNICATIONS, INC. Profit
Corporation
Instructions: To view additional information pertaining to a
particular filing select the number associated with the name To
place an order for additional information about a filing select the
radial button listed under 'Mark' that is
associated with the entity and press the 'Order' button.
https://direct.sos.state.tx.us/corp _inquiry/corp
_inquiry-find.asp?suhmit=page&:Sfiling_ nurn . : 8/312011
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