Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A., No. 122-cv-10904 (S.D.N.Y. 2022)/028-02.pdf

Within 30 days after service of Subpoena Case 1:22-cv-10904-JSR Document 28-2 Filed 01/20/23 Page 1 of 9 AO 88A (Rev. 12/ 20) Subpoena to Testify at a Deposition in a Civil Action UNITED STATES DISTRICT COURT for the Southern Distiict of New York Government of the United States Virgin Islands ) ) ) ) ) ) To: Plaintiff V. JPMorgan Chase Bank, NA Defendant Civil Action No. 1:22-cv-10904-JSR SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION Miles Alexander (Name of person to whom this subpoena is directed) ~ Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization, you must promptly confer in good faith with the party serving this subpoena about the following matters, or those set fo1th in an attachment, and you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about these matters: Place: A mutually convenient location in or near Date and Time: Jeffreys Bay, South Africa (remotely) The deposition will be recorded by this method: videographically and stenographically ~ Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the materia l: See attached Exhibit A. The following provisions of Fed. R. Civ. P. 45 are attached - Rule 45(c), relating to the place of compliance; Rule 45(d), rel ating to your protection as a person subj ect to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. Date: 01/20/2023 CLERK OF COURT OR ls /Linda Singer Sig nature of Clerk or Deputy Clerk Attorney's signature The name, address, e-mail address, and telephone number of the attorney representing (name of party) Plaintiff, Government of the United St ates Virgin Islands , who issues or requests this subpoena, are: Linda Singer, Motley Rice LLC, 401 9th Street NW, Suite 630, Washington, DC 20004, (202) 386-9626, lsinger@motleyrice.com Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4). Case 1:22-cv-10904-JSR Document 28-2 Filed 01/20/23 Page 2 of 9 AO 88A (Rev. 12/20) Subpoena to Testify at a Deposition in a Civil Action (Page 2) Civil Action No. 1:22-cv-10904-JSR PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) I received this subpoena for (name of individual and title, if any) on (date) 0 I served the subpoena by delive1ing a copy to the named individual as follows: on (date) ; or 0 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 the fees for one d ay'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: Sen,er's signature Printed name and title Server 's address Additional informati on regarding attempted service, etc.: Case 1:22-cv-10904-JSR Document 28-2 Filed 01/20/23 Page 3 of 9 AO 88A (Rev. 12/20) Subpoena to Testify at a Deposition in a Civil Action (Page 3) Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13) ( c) Place of Compliance. (1) For a Trial, Heari11g, or Depositio11. A subpoena may command a pers on to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state where the person resides, is employed, or regularly transacts business in person, if the person (i) is a party or a party's officer; or (ii) is commanded to attend a trial and would not incur substantial expense. (2) For Other Discovery. A su bpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and (B) inspection of premises at the premises to be inspected. (d) Protecting a Person Subject to a Subpoena; Enforceme nt. (1) Avoiding U11d11e Burdell or Expe11se; Sa11ctio11s. 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 court for the district where compliance is required 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 compl y. (2) Comma1id to Produce 1lfaterials or Permit Inspectio11. (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) O~jections. A person commanded to produce documents or tangible things or to permit inspection may serve on the paity 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 sen,ed. 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 court for the district where compliance is required for an order compelling production or inspection. (ii) TI1ese 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 s ignificant expense res ulting from comp liance. (3) Q11ashi11g or Modifyillg a Subpoena. (A) When R equired. On timely motion, the cou11 for the district where compliance is required must quash or modify a subpoena that: (i) fails to all ow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limits specified in Rule 45( c); (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 court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, deve lopment, or commercial information; or (ii) disclosing an unretained expert' s opinion or information that does not des cribe specific occurrences in dispute and results from the expert's study that was not requested by a paity. (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the cowt 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 othenvise met without undue hardship; ai1d (ii) ensures that the subpoenaed person will be reasonably compensated. (e) Dutie.s in Responding to a Subpoena. ( 1) Produ