Case: 3:15-cv-00421-bbc Document #: 117-1 Filed: 05/02/16 Page 1 of 3
'A088 CRey 12107) Sybpoena in a Ciyil Case
Issued by the
UNITED STATES DISTRICT COURT
Eastern District of Wisconsin
ALVIN BALDUS, et al.
SUBPOENA IN A CML CASE
V.
Members of the Wisconsin Govemment Accountability Board,
each only in his official capacity: MICHAEL BRENNAN, et al.
TO:
o
Case Number: I 11-CV-562-JPS
Tad Ottman
Wisconsin State Capitol
2 East Main Street, Room 211 South
Madison, WI 53707
YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in the above case.
IroumooM
PLACE OF TESTIMONY
[l YOU ARE COMMANDED to appear at the place, date, and time speci tied 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
DATEANDTIME
GODFREY & KAHN. S.C.
4/30/2013 12:00 pm
One East Main Slreet. Suite 500, Madison, WI 53703, Ph: (608) 257-3911
o
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
PLACE
o
I DATE AND TIME
YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES
IDATEANDnME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers.
directors, 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).
NO TITLE (INDICATE IF ATIORNEY FOR PLAINTIFF OR DEFENDANTI
Counsel for Plaintiffs, Alvin Baldus, et al.
ISSUING
DATE
4/22/2013
ER'S NAME, ADDRESS AND PHONE NUMBER
Attorney Douglas 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.
(See Fcder.1 Rule of Civil Procedure 45 (e). (d). and (e). on next page)
I
If action is pending in district other than district of issuance, stole district under case number.
Case: 3:15-cv-00421-bbc Document #: 117-1 Filed: 05/02/16 Page 2 of 3
A088 (Rey 12(07) Subpoena in a Ciyil 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 of perj ury 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
SIGNAllJRE OF SERVER
ADDRESS OF SERVER
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1,2007:
(c) PROTECTING A hRSoN SIJBJKTTO A SUBPOENA.
(I) Avoiding Undue Burden or Expense; Sanctions. A party or attorney raponsible for
issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or
expense on • person subject to the subpoena. The issuing court must enforce this duty and
impose an appropriate sanction - which may include lost earnings and reasonable attomey·.
fees - on a pat1)l or attorney who fail. to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents.
electronicaUy stored information. or tangible things. or to pennit the inspection of premises. need
not appear in person at the place of production or inspection unless also conun""""d to appear
for • deposition. hearing. or trial.
(B) Objoctions. A person commanded to produce documents or tangible things or to
permit inspection may serve on the party or attomey designated in the subpoena a wnnen
objection to inspcering. copying, lesting 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 objoction 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 10 the conunandcd 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 onler must
protect a person who is neither a party nor a party's officer &om significant expense resulting
from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion. the issuing court musl quash or modify a
subpoena that:
(i) fails 10 allow a reasonable time to comply;
(ii) requires 8 penon who is neither a party nor a party's officer 10 travel more
than 100 mites from where that person resides. is employed. or regularly trnnsncts business in
person - except that. subject to Rule 4S(c)(J)(B)(iii). the person may be commanded to attend
a trial by traveling from any such place within the state where the lrial is held;
(iii) requires disclosure of privileged or oth... protected matt.... if no exception
or waiver applies; or
(iv) subjects. person to undue burden.
(B) When Permined. To protect a person subject to or affected by a subpoena. the
issuing c;oun may. on motion, quash or modify the subpoen:a ifil requi~:
(i) disclosing a tnKle secret or other confidential research. development. or
commercial
inform8tion~
(ii) disclosing an wtretained expert's opinion or information that docs not
describe specific occurrences in dispute and results from the expert's snx1y thaI was not
requested by • party: or
(iii) a person who is neither
8
party nor a party's otlicer to incur substantial
expense 10 travel more than 100 miles to atrend trial
(C) Specifying Condilions as an Altern.tive. In the circumstances described in Rule
4S(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) showsasubstantial need forth. testimony ormateri.1 that canROl be otherwise
met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.
(d) DITTIES IN RESPONDINC TO A SUBPOENA.
(I) Producing Documents or Electronically Stored InlOrmation. These procedures apply
to producing documents or electronically stored informatIOn:
(A) Documents. A person responding .to a subpoena to produce ducumenls mus'
produce them as they are kept in the ordinary course o fbusincs. or mus. organi7" nnd lahellhem
to correspond lhe categnries in the demand.
(8) Form for Producing Electronically S.orcd InformB.ion NOI Specified. If.
subpoena docs no. specify a form for producing electronically stored information. the person
'0
responding musl produce it in a form or fonns 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 elecrronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person responding need no.
provide discovCl)' of c1ecnonically stored infonnalion from sources thaI the person iden.ifics as
nol reasonably accessible because of undue burden or cost. On motion to compel discovery or
for a protective order. the person responding must . how that the information is not reasonably
accessible because of undue burden or cost. If lhal showing is made. the court may nonetheless
order discovery from such sources if the requesting prany shows good CIUSt. considering the
limitalions of Rule 26(b)(2)(C). The court may specify conditions for Ihe discovery
(2) Claiming Privilege or Protecrion.
(A) Information Withheld. A person withholding subpoenaed information under a
claim !hat it is privileged or subject to protection as rrial·preparation material must:
(i) expressly malee the claim: and
(ii) describe the nature of the withheld documenls, communications. or
tangible things in a manner that. without revealing information itselfpnvilcged orpro.ected. will
enable the pDJ1ies to assess the claim.
'0
(B) Informalion Produced. If informB.ion produced in response
a suhpoena is
subject to a claim ofpnvilege or of protection as trial-prepararion material. Ihc person making
'he claim may notify any party that received the informarion of the claim and the basis lOr"
After being notified. a party must prompdy return. sequester. or dcsttoy the spec;ified
inr~liOD and any roptes it has; must not usc or disclose the infonnation until the claim is
resolved; musl take reasonable steps 10 retrieve the information if lhe party disclosed il before
being nori ned; and may prompdy present the inlOrmation 10 .he court under seal for a
determination of the claim. The person who produced the infonnauon must preserve Ihe
information unlil the claim i. resolved.
(c) CONTEMPT.
The issuing coun may hold in conleanpt a person who. having been served. fails without
adequate excuse to obey Ihe subpo .... A nonpany'$ failure 10 obey musl be e.cused if .he
subpoena purports to require .he nonparty to attend or produce al II place outSide the limils of
Rule 4S(c)(3)(AX ii).
Case: 3:15-cv-00421-bbc Document #: 117-1 Filed: 05/02/16 Page 3 of 3
Godfrey & Kahn , S.C.
One East Main Street
Madison, WI 53703
!
D\IE
04-19-13
1,\'OICEr!
O~19-2013
I
CLlE:\ll\I\IIEJl.ff
010175-0001
13041901
Godfrey & Kahn, S.C.
One East Main Street
Madison, WI 53703
I
IJ \I E
04-19-13
1'\' OICE #
13041901
I
058518
58518
OTTMAN, TAD
I
GL#IDES(I{II'IIO'\
41.13
WITNESS FEES/MILEAGE
058518
58518
DETACH AND RETAIN nus SfATEMENT
TIlE ATTAClIED CHECK IS IN PAYMENTOF rrEMS DESCIUBED BELOW.
IF NOT CORRECT. p~ NartFY US PROMPn.Y. NO RECEIPT DESIRED.
I
('1.11:'\ I I \I \IIL1t1'
010175-0001
:
\\101'\[
I
GL #; DESCRII'1I0'\
"IOt:\T
41.13
WITNESS FEES/MILEAGE
:HNs.c.
.~~!~~~w~~~&
ILSLEY BANK
'.'
WI 53202
VOID AFTER 90 DAYS
PAY
FORTY-ONE AND 131100
04-19-2013
TO
THE
ORDER
OF
DATE
TAD OTTMAN
..
WISCONSIN STATE.CAPITOL
;.
2 EAST MAIN STREET
MADISON, WI 53703
AMOUNT
$
41.13