Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A., No. 122-cv-10904 (S.D.N.Y. 2022)/050-02.pdf

EXHIBIT B Case 1:22-cv-10904-JSR Document 50-2 Filed 02/17/23 Page 1 of 10 Case 1:22-cv-10904-JSR Document 50-2 Filed 02/17/23 Page 2 of 10 AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the Sou them District of New York Government of the United States Virgin Is lands ) ) ) ) ) ) T o: Plaintiff V. JPMorgan Chase Bank, N.A. Defendant Civil Action No. 1:22-cv-10904-JSR SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION Leslie Wexner (Name of person to whom this subpoena is directed) rJ Production: YOU ARE COMI\'IANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying , testing, or sampling of the materia l: S tt h d E h'b't A ee a ac e x 1 1 . Place : Motley Rice , LLC 401 9th Street NW, Suite 630 Washington, DC 20004 Date and Time: 03/ 01/2023 5:00 pm □ Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or ot her property possessed or controlled by you at t he time, date, and location set forth below, so that t he requesting party may inspect, measure, survey, photogra ph, test, or sample the property or any designated object or operation on it. I Place I Date and Time: The following provisions of Fed. R. Civ. P. 45 are attached - Rule 45(c), re lating to the place of compliance; Rule 45(d), relating to your protection as a person subject 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: 01/30/2023 CLERK OF COURT OR /s/ Linda Singer Signature of Clerk or Deputy Clerk Attomey's signature The name, address, e-mail address, a nd telephone number of the attorney representing (name of party) Plaintiff, Government of the United S tates Virgin Islands , who issues or requests this subpoena, are: Linda S inger, Motley Ri ce LLC, 401 9th Street NW, Suite 630, Washington, DC 20004, (202) 386-9626, ls inger@motleyr ice .com Notice to the person who issues or requests this subpoena 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 50-2 Filed 02/17/23 Page 3 of 10 AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspe.ction of Premises in a Civil Action (Page 2) Civil Action No. 1:22-cv-10904-JSR PROOF OF SERVICE (This section shoul,l 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 person as follows: 011 (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 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 $ 0.00 I declare under penalty of pe1jury t hat this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc.: Case 1:22-cv-10904-JSR Document 50-2 Filed 02/17/23 Page 4 of 10 AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspe.ction of Premises 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 person to attend a tria l, hearing, or deposition only as follows: (A) within 100 miles of where the person resides , i s 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 subpoena may command: (A) production of documents, electronically stored information, or tangib le 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; Enforcement. (1) A11oidi11g U11due Burde11 or Expe11se; Sa11ctio11s. A party or attorney responsible for i ssuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the su bpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction-which may include Jost earnings and reasonable attorney's fees----on a party or attorney who fails to compl y. (2) Comma11d to Produce Materials or Permit J11spectio11. (A) Appearance Nol R equired. 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 a lso 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 court for the ctistrict where compliance is required 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) Quashi11g or Modifyi11g a Subpoena. (A) When R equired. On timely motion, the court for the district where compliance is requirnd 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 aftected by a subpoena, the court for the ctist.rict where compliance is required may, on motion, quash or modify the su bpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; or (ii) ctisclosing 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. (C) Spec ifying Conditions as an Alternative. In the circumstances described in Rule 45( d)(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. (e) Duties in Responding to a Subpoena. f l) Pro