Case: 3:15-cv-00421-bbc Document #: 112-1 Filed: 05/02/16 Page 1 of 3
~AQ88
(Rey 12107) Subpoena in a Ciyil Case
Issued by the
UNITED STATES DISTRICT COURT
Eastern District of Wisconsin
ALVIN BALDUS, et al.
SUBPOENA IN A CIVIL CASE
V.
Members of the Wisconsin Government Accountability Board,
each only in his official capacity: MICHAEL BRENNAN, et al.
Case Number: I 11-CV-562-JPS
TO: Adam Foltz
Wisconsin State Capitol
2 East Main Street, Room 211 South
Madison, WI 53707
o
YOU ARE COMMANDED to appear in the United States District court at the place, date, and time speci tied below to
testify in the above case.
l~mOOM
PLACE OF TESTIMONY
I:t
YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case. The deposition will be recorded by stenographiC and audiovisual means.
PLACE OF DEPOSITION
GODFREY & KAHN. S.C.
One East Main Street, Suite 500, Madison, WI 53703, Ph: (608) 257-3911
DATE AND TIME
4/30/20139:00 am
o
YOU ARE COMMANDED to produce and penn it inspection and copying ofthe following documents or objects at the
place, date, and time specified below (list documents or objects):
o
YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
I
PREMISES
DATE AND TIM E
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers.
di rectors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated. the
matters on which the person will testify. Federal Rule of Civil Procedure 30(b)(6).
TLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDAND
Counsel for Plaintiffs, Alvin Baldus. et al.
DA TE
4/22/2013
ISSU ING
Attorney ouglas M. Poland , GODFREY & KAHN, S.C .. One East Main Street, Suite 500, Madison, WI 53703,
Telephone: (608) 284-2625, Email: dpoland@gklaw.com, Counsel for Plaintiffs, Alvin Baldus, et al.
(s •• Fed.raI Rule of Civil Procedure 45 (c). (d), and (e). on ne.. page)
I
If action is pending in district other than district of issuance, state district under case number.
Case: 3:15-cv-00421-bbc Document #: 112-1 Filed: 05/02/16 Page 2 of 3
AOSg (Rev ! 2/0?) Subpoena in a Civil Case (Page 2)
PROOF OF SERVICE
DATE
PLACE
SERVED
SERVED ON (PRINT NAME)
MANNER OF SERVICE
SERVED BY (PRINT NAME)
TITLE
DECLARATION OF SERVER
I declare under penalty ofperjury under the laws ofthe United States of America that the foregoing information contained
in the Proof of Service is true and correct.
Executed on
DATE
SIGNATURE OF SERVER
ADDRESS OF SERVER
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007:
(c) PROTECnNG It. PERSON SUBJECT TO It. SUBPOENA..
(I) Avoiding Undue Bwden or Expense; Sanctions. A party or attorney responsible for
issuing and serving a subpoena mUSltake reasonable steps to avoid imposing undue bwden or
expense on a person subject 10 the subpoena. The issuing coon 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 Pennitlnspection.
(A) Appearance Not Required. A person commanded to produce document••
electronically stored information. or tangible things. or to pennit the inspection ofpremises. need
not appear in person at the place of produ<tion or inspection unless also commanded to appear
for a deposition. bearing. or trial.
(B) Objections. A person commanded to produce documents or tangible things or to
penni. 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
aft .. the subpoena is served. If an objection i. made. the following rules apply:
(i) At any time. on notice to the commanded person, the serving party may move
the issuing coW1 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 quasb 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 10 travel more
than 100 miles from where that person resides. i. employed. or regularly transacts business in
pcr.on - except that. subject to Rule 4S(c)(3)(B)(iii). the person may be commanded to attend
a trial by traveling from any sucb place within tbe state where the trial is held;
(iii) requires disclosure of privilegcd or other protected matter. if no exception
or waiver applies~ or
(iv) subjects a person to undue burden.
(B ) Wbcn Permitted. To protect a person subject to or affected by a subpoena. the
issuing coon may. on marion. quash or modiJY the subpoena ifi. requires:
(i) disclosing a trade secret or othcr confidential research. development. or
commercial information:
(ii) disclosinH an unrelained ex.pert's opinion or infonnation that docs not
describe specific occUITerlces 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
e.pense to travel more than 100 miles to attend trial
(e) Specitying Conditions as an Alternative. In the circumstance. described in Rule
4S(cX3X B).the court may. instead of quashing or moditying 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 bardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.
(d) DUTIES IN RESPONDING TO" SUBPOENA..
(I) Producing Documents or Electronically Stored Information. These procedures apply
to producing documents or electronically stored information:
(A) Documents. A person respooding to a subpoena to produce documents must
produce them as they arc kept in the ordinary course ofbusiness or mllst organize and labcltbem
to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Informarion Not Specified. If a
subpoena docs not specity a form for producing electronically stored information. the person
responding must produce it in a fonn or fonns in which it is ordinarily maintained or in a
reasonably usable form or forms. .
(C) Electronically Stored Informanon Produced in Only One Form. The person
responding need not produce the same electronically Stored information in more tban one form.
(D) Inaccessible Electronically Stored Information. The person responding need not
provide discovery ofelectronically stored information from sources that the person identifies as
not reasonably accessible because of undue bwdcn or cost. On morion to compel discovery or
for a protective order. the person rcspooding must show that the information i. not reasonably
accessible because of undue burden or cost. If that sbowing i. made. the eoun may nonetheless
order discovery from such sources if the requesting party sbows good cause. considering the
limitations of Rule 26(bX2XC). The court may specity 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 subjcctto protection as trial-preparation material must:
(i) expressly malee the claim; and
(ii) describe the natw"c of the withheld documents. communications. or
tangible things in a manner that. without revealing infonnation itsclfprivileged orprotecled. will
enable the parties to assess thc claim.
(B) Infonnation Produced. If infbnnation produced in response 10 a subpoena is
subject to a claim ofprivilcgc or ofprotcction as trial-preparation mOlerial. th.: person makin~
the claim may notify any party that received the infonnation oflhe claim and the basis for it
After being nolified, a party musl promptly retwn. sequester, or destroy the specified
infonnation and any copies it has: must not use or disclose the infonnatiun until the claim is
resolved; musttalce reasonable steps to retrieve the infonn.tion if lhc party disclosed II before
being notified: and may promptly present the information to the coun under seal for a
detcnnination of the claim. 1be person who produced the infomlation musl preserve the
infonnarion until the claim is resolved.
(e) COI'fTEMP'T.
The issuing court may hold in contempt a person who. having been sen-cd. fails without
adequate excuse to obey the subpoena. A nonparty's failure to obey must be e.cused if tbe
subpoena purports to require the nonparty to attend or produce at a place: outside the limits of
Rule 4S(c)(3)(AXii).
Case: 3:15-cv-00421-bbc Document #: 112-1 Filed: 05/02/16 Page 3 of 3
Godfrey & Kahn, S.C.
One East Main Street
Madison, WI 53703
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04-19-13
04-19-2013
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WITNESS FEESIMILEAGE
Godfrey & Kahn, S.C.
One East Main Street
Madison, WI 53703
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13041902
058515
58515
FOLTZ, ADAM
41.13
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DETACH AND RETAIN nus STATEMENT
nm ATrAOlED CHECK IS IN PAnIENT OF ITDCS D£SCIUBED BELOW.
If Nar cottJtECr. PUWlE NC1J1FY us PIlDMPn.Y. NO RECEIPT D£S1REI),
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WITNESS FEESIMILEAGE
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VOID AFTER 90 DAYS
PAY
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04-19-2013
TO
THE
ORDER
OF
DATE
ADAM FOLTZ
WISCONSIN STATE CAPI.T OL
2 EAST MAIN STREET
MADISON, WI 53703
AMOUNT
$
41.13