Preview
COPY_
__.Lilenthal Scutheastom, ine. 1-800-897-1906, Re-Order s7eseP
SANEL MM, HORRIGAN SUBPOENA
CIVIL CASE
Rev. $. 1901.3 1.012, 1913.01, C3
2010 JUL 15 PM 1&6 Code, Sees, 1901.23, 1911.012, 1, 02, 03; C.R 45 Amended
SUMMIT COUNTY CV 2010-06-4165
. CASE#
Cyber Islagueai@lOF COURTS Sabpoona nv Gas
Plaintiff
v5. Atiomey:_ Susan Ross
Springfield Township Police Dept., et al. Supreme Cour'#_0055761
Defendant
Phone: _ 330-643-8380
To: BRIAN KENDRICK ’ (ame)
2120 AVALON AVE NE (Address)
CANTON, OH 44705-4012
(City-State-Zip)
x YOU ARE HEREBY COMMANDED TO:
__‘*\ __ ATTEND AND GIVE TESTIMONY AT A (XBAI (HEARING) (DBRMSCMDIK ON THE DATE, TIME AND AT THE PLACE
SPECIFIED BELOW.
__X___ ATTEND AND PRODUCE (DOCUMENTS) (DARGIRSECRRINGSY AT A (ERicks) (HEARING) (@RRGSOCIOM ON THE DATE,
TIME AND AT THE PLACE SPECIFIED BELOW,
—___— PRODUCE AND PERMIT INSPECTION AND COPYING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED BELOW,
OF ANY DESIGNATED DOCUMENTS THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL
—_____. PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING OR SAMPLING, ON THE DATE AND AT THE TIME AND
PLACE SPECIFIED BELOW, OF ANY TANGIBLE THINGS THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL.
PERMIT ENTRY UPON THE FOLLOWING DESCRIBED LAND OR OTHER PROPERTY, FOR THE PURPOSES DESCRIBED IN
CIV. R. 34(A) (3), ON THE DATE AND AT THE TIME SPECIFIED BELOW. DESCRIPTION OF LAND OR PREMISES:
pay__Wednesday 2 DATE July 21, 2010 tmme_ 10:00am
PLaceE__Summit County Court of Common Pleas, Judge Parker's Courtroom
__X_____ DESCRIPTION OF ITEMSTO BEPRODUCED:_See_ Schedule A attached.
Hereof fail not under penalty of the law. : WITNESS my venenenyng the seal of said Court, this
day of oa LAA wld
Clerk, Attorney, Notary
By.
Deputy Clerk
Clerk shall issue subpoena, signed, but otherwise in blank, to a party requesting it, who shall complete it before service.COPY
Text of 3C, 3D and 3E of Rule 45
.(C) Protection of persons subject to subpoenas.
(1) A party or an attorney responsible for the issuance and
service of a subpoena shall take reasonable steps to avoid im-
posing undue burden or expense on a person subject to that sub-
poena. cee
(2)(a) A person commanded to produce under divisions
(A)(1)(b)Gi), (iii), (iv), or (v) of this rule need not appear in
person at the place of production or inspection unless com-
manded to attend and give testimony at a deposition, hearing,
or trial.
(b) Subject to division (D)(2) of this rule, a person com-
manded to produce under divisions (A)( 1 )(b)(ii), (iii), (iv), or
(v) of this mule may, within fourteen days after service of the
subpoena or before the time specified for compliance if such
time is less than fourteen days after service, serve upon the patty
or attorney designated in the subpoena written objections to pro-
duction. If objection is made, the party serving the subpoena
shall not be entitled to production except pursuant to an order
of the court by which the subpoena was issued. If objection has
been made, the party serving the subpoena, upon notice to the
person commanded to produce, may move at any time for an
order to compel the production. An order to compel production
shall protect any person who is not a party or an officer of a
party from significant expense resulting from the production
commanded.
‘(3) On timely motion, the court from which the subpoena
was issued shall quash or modify the subpoena, or order ap-
pearance or production only under specific conditions, if the
subpoena does any of the following:
(a) © Fails to allow reasonable time to comply;
(b) Requires disclosure of privileged or otherwise pro-
tected matter and no exception or waiver applies;
(c) Requires disclosure of a fact known or opinion held
by an expert not retained or specially employed by any party in
anticipation of litigation or preparation for trial as described by
Civ.R.26(B)(4), if the fact or opinion does not describe specific
events or occurrences in dispute and results from study by that
expert that was not made at the request of any party;
(d) Subjects a person to undue burden.
(4) Before filing a motion pursuant to division (C)(3)(d)
of this rule, a person resisting discovery under this rule shall
attempt to resolve any claim of undue burden through discus-
sions with the issuing attorney. A motion filed pursuant to divi-
sion (C)(3)(d) of this rule shall be supported by an affidavit of
the subpoenaed person or a certificate of that person’s attorney
of the efforts made to resolve any claim of undue burden.
(5) If a motion is made under division (C)(3)(c) or
(C)(3)(d) of this rule, the court shall quash or modify the sub-
poena unless the party in whose behalf the subpoena is issued
shows a substantial need for the testimony or material that can-
not be otherwise met without undue hardship and assures that
the person to whom the subpoena is addressed will be reason-
ably compensated.
(D) Duties in responding to subpoena.
(1) A person responding to a subpoena to produce docu-
ments shall, at the persons option, produce them as they are
kept in the usual course of business or organized and labeled to
correspond with the categories in the subpoena. A person pro-
ducing documents pursuant to a subpoena for them shall permit
their inspection and copying by all parties present at the time
and place set in the subpoena for inspection and copying.
(2) When information subject to a subpoena is withheld
on a claim that it is privileged or subject to protection as trial
preparation materials under Civ.R. 26(B)(3) or (4), the claim
shall be made expressly and shall be supported by a description
of the nature of the documents, communications, or things not
produced that is sufficient to enable the demanding party to
contest the claim,
(E) Sanctions. Failure by any person without adequate
excuse to obey.a subpoena served upon that person may be
deemed a contempt of the court from which the subpoena is-
sued. A subpoenaed person or that person’s attomey who frivo-
lously resists discovery under this rule may be required by the
court to pay the reasonable expenses, including reasonable
attomney’s fees, of the party seeking the discovery. The court
from which a subpoena was issued may impose upon a party or
attorney in breach of the duty imposed by division (C)(1) of
this rule an appropriate sanction which may include, but is not
limited to, lost earnings and reasonable attorney’s fees.,
RETURN OF SERVICE
Received this Subpoena on the h (BTA day of,
JULY 20/0_, at 2°56.
20/0, at £4764. served the
andthe /77 day of STVULY.
same upon .
By delivering to, Cave: Sirus
a true copy of summons, a copy of the complaint and accompanying documents.
x CBs he FD
. Care Ss /
Mileage: miles @ Other:.
PersonallyfResidence )
Chh Gureetesow € R. Fete
Sheriff - Atomey - Process Server - Notary
TOTAL: $.COPY
SCHEDULE A
PLEASE PRODUCE THE FOLLOWING DOCUMENTS AT THE TIME OF HEARING:
For the purposes of this Schedule A, “Plaintiff” shall mean Spinners Internet Café DBA
Café 7, a Plaintiff in Cyber Island, et al v. Springfield Township Police Dept., Summit County
Court of Common Pleas, Case No. CV 2010-06-4165.
1.
| 10.
11.
Copies of all of Plaintiff's state, federal and local income tax returns filed since the
inception of Plaintiff's business operations.
Copies of all records pertaining to Plaintiff's maintenance of Workers Compensation
through the State of Ohio for employees of Plaintiff since the inception of Plaintiff's
business operations, including specifically all documents evidencing payment of Workers
Compensation premiums during that time period.
Copies of all documents evidencing withholding of employment taxes, FICA, Medicaid
or any other withholding from the pay of all employees of the Plaintiff since the inception
of its business operations.
Copies of all personnel and payroll records for each employee employed by the Plaintiff
since the inception of its business operations.
Copies of all records pertaining to any unemployment compensation paid by the Plaintiff
for any employee since the inception of its business.
Copies of all IRS Form W-2’s for any employee of Plaintiff's business issued since the
inception of Plaintiff's business.
Copies of all IRS Form 1099’s issued by Plaintiff since the inception of Plaintiff's
business.
Copies of all IRS Form K-1’s issued by Plaintiff since the inception of Plaintiff's
business to any shareholder, member or other owner or member of Plaintiff.
Copies of all documents establishing, incorporating, organizing or otherwise creating the
Plaintiff as a legal business entity under the laws of the State of Ohio, including any
documents filed with the Secretary of State, articles of incorporation or organization,
operating agreements, bylaws, partnership agreements, appointments of statutory agents,
or other similar documents.
Copies of all shareholder, member or partner meeting minutes since the inception of
Plaintiff's business.
Copies of all documents or records pertaining to all sales taxes paid to the State of Ohio
for any and all retail sales that have been consummated by Plaintiff since the inception ofCOPY
12.
13.
14.
15.
16.
17.
18.
19.
Plaintiff's business operations, including all returns/reports and payments submitted to
the State of Ohio.
A copy of the Plaintiff's State of Ohio Vendor’s License.
A copy of any records from the Internal Revenue Service issued to the Plaintiff,
including, but not limited to any document assigning a federal employment identification
number to the Plaintiff.
Copies of all records or documents which identify the names, addresses, telephone
numbers, social security numbers, or any other identifying information of each person
who is a member, shareholder, partner, or who owns any other type of membership or
ownership interest in the Plaintiff, including but not limited to shareholder certificates,
shareholder ledgers, member ledgers, membership roster or similar type of document.
A copy of the lease agreement, deed, or other document evidencing Plaintiff's right to
possess the land and/or buildings where it is presently conducting any business operation.
Copies of all insurance policies, certificates of insurance or other documents that indicate
the presence and/or maintenance of premises liability insurance for any premises wherein
Plaintiff is presently conducting any business operation.
Copies of all expert witness reports for any witness that Plaintiff intends to introduce at
any hearing or trial of this matter, and any documents that the expert witness relied upon
in formulating his or her report.
Copies of any document evidencing the purchase of each game of skill, sweepstakes
machine, computer, or other electronic device that is owned by the Plaintiff and available
for use by Plaintiffs customers.
Copies of any documents evidencing that any device identified in #18, above, is a device
that operates in compliance with the laws of the State of Ohio or is otherwise not an
illegal gambling device under the laws of the State of Ohio.
Preview
COPY_ __.Lilenthal Scutheastom, ine. 1-800-897-1906, Re-Order s7eseP SANEL MM, HORRIGAN SUBPOENA CIVIL CASE Rev. $. 1901.3 1.012, 1913.01, C3 2010 JUL 15 PM 1&6 Code, Sees, 1901.23, 1911.012, 1, 02, 03; C.R 45 Amended SUMMIT COUNTY CV 2010-06-4165 . CASE# Cyber Islagueai@lOF COURTS Sabpoona nv Gas Plaintiff v5. Atiomey:_ Susan Ross Springfield Township Police Dept., et al. Supreme Cour'#_0055761 Defendant Phone: _ 330-643-8380 To: BRIAN KENDRICK ’ (ame) 2120 AVALON AVE NE (Address) CANTON, OH 44705-4012 (City-State-Zip) x YOU ARE HEREBY COMMANDED TO: __‘*\ __ ATTEND AND GIVE TESTIMONY AT A (XBAI (HEARING) (DBRMSCMDIK ON THE DATE, TIME AND AT THE PLACE SPECIFIED BELOW. __X___ ATTEND AND PRODUCE (DOCUMENTS) (DARGIRSECRRINGSY AT A (ERicks) (HEARING) (@RRGSOCIOM ON THE DATE, TIME AND AT THE PLACE SPECIFIED BELOW, —___— PRODUCE AND PERMIT INSPECTION AND COPYING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED BELOW, OF ANY DESIGNATED DOCUMENTS THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL —_____. PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING OR SAMPLING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED BELOW, OF ANY TANGIBLE THINGS THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL. PERMIT ENTRY UPON THE FOLLOWING DESCRIBED LAND OR OTHER PROPERTY, FOR THE PURPOSES DESCRIBED IN CIV. R. 34(A) (3), ON THE DATE AND AT THE TIME SPECIFIED BELOW. DESCRIPTION OF LAND OR PREMISES: pay__Wednesday 2 DATE July 21, 2010 tmme_ 10:00am PLaceE__Summit County Court of Common Pleas, Judge Parker's Courtroom __X_____ DESCRIPTION OF ITEMSTO BEPRODUCED:_See_ Schedule A attached. Hereof fail not under penalty of the law. : WITNESS my venenenyng the seal of said Court, this day of oa LAA wld Clerk, Attorney, Notary By. Deputy Clerk Clerk shall issue subpoena, signed, but otherwise in blank, to a party requesting it, who shall complete it before service.COPY Text of 3C, 3D and 3E of Rule 45 .(C) Protection of persons subject to subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid im- posing undue burden or expense on a person subject to that sub- poena. cee (2)(a) A person commanded to produce under divisions (A)(1)(b)Gi), (iii), (iv), or (v) of this rule need not appear in person at the place of production or inspection unless com- manded to attend and give testimony at a deposition, hearing, or trial. (b) Subject to division (D)(2) of this rule, a person com- manded to produce under divisions (A)( 1 )(b)(ii), (iii), (iv), or (v) of this mule may, within fourteen days after service of the subpoena or before the time specified for compliance if such time is less than fourteen days after service, serve upon the patty or attorney designated in the subpoena written objections to pro- duction. If objection is made, the party serving the subpoena shall not be entitled to production except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena, upon notice to the person commanded to produce, may move at any time for an order to compel the production. An order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the production commanded. ‘(3) On timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order ap- pearance or production only under specific conditions, if the subpoena does any of the following: (a) © Fails to allow reasonable time to comply; (b) Requires disclosure of privileged or otherwise pro- tected matter and no exception or waiver applies; (c) Requires disclosure of a fact known or opinion held by an expert not retained or specially employed by any party in anticipation of litigation or preparation for trial as described by Civ.R.26(B)(4), if the fact or opinion does not describe specific events or occurrences in dispute and results from study by that expert that was not made at the request of any party; (d) Subjects a person to undue burden. (4) Before filing a motion pursuant to division (C)(3)(d) of this rule, a person resisting discovery under this rule shall attempt to resolve any claim of undue burden through discus- sions with the issuing attorney. A motion filed pursuant to divi- sion (C)(3)(d) of this rule shall be supported by an affidavit of the subpoenaed person or a certificate of that person’s attorney of the efforts made to resolve any claim of undue burden. (5) If a motion is made under division (C)(3)(c) or (C)(3)(d) of this rule, the court shall quash or modify the sub- poena unless the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that can- not be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reason- ably compensated. (D) Duties in responding to subpoena. (1) A person responding to a subpoena to produce docu- ments shall, at the persons option, produce them as they are kept in the usual course of business or organized and labeled to correspond with the categories in the subpoena. A person pro- ducing documents pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the time and place set in the subpoena for inspection and copying. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials under Civ.R. 26(B)(3) or (4), the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim, (E) Sanctions. Failure by any person without adequate excuse to obey.a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is- sued. A subpoenaed person or that person’s attomey who frivo- lously resists discovery under this rule may be required by the court to pay the reasonable expenses, including reasonable attomney’s fees, of the party seeking the discovery. The court from which a subpoena was issued may impose upon a party or attorney in breach of the duty imposed by division (C)(1) of this rule an appropriate sanction which may include, but is not limited to, lost earnings and reasonable attorney’s fees., RETURN OF SERVICE Received this Subpoena on the h (BTA day of, JULY 20/0_, at 2°56. 20/0, at £4764. served the andthe /77 day of STVULY. same upon . By delivering to, Cave: Sirus a true copy of summons, a copy of the complaint and accompanying documents. x CBs he FD . Care Ss / Mileage: miles @ Other:. PersonallyfResidence ) Chh Gureetesow € R. Fete Sheriff - Atomey - Process Server - Notary TOTAL: $.COPY SCHEDULE A PLEASE PRODUCE THE FOLLOWING DOCUMENTS AT THE TIME OF HEARING: For the purposes of this Schedule A, “Plaintiff” shall mean Spinners Internet Café DBA Café 7, a Plaintiff in Cyber Island, et al v. Springfield Township Police Dept., Summit County Court of Common Pleas, Case No. CV 2010-06-4165. 1. | 10. 11. Copies of all of Plaintiff's state, federal and local income tax returns filed since the inception of Plaintiff's business operations. Copies of all records pertaining to Plaintiff's maintenance of Workers Compensation through the State of Ohio for employees of Plaintiff since the inception of Plaintiff's business operations, including specifically all documents evidencing payment of Workers Compensation premiums during that time period. Copies of all documents evidencing withholding of employment taxes, FICA, Medicaid or any other withholding from the pay of all employees of the Plaintiff since the inception of its business operations. Copies of all personnel and payroll records for each employee employed by the Plaintiff since the inception of its business operations. Copies of all records pertaining to any unemployment compensation paid by the Plaintiff for any employee since the inception of its business. Copies of all IRS Form W-2’s for any employee of Plaintiff's business issued since the inception of Plaintiff's business. Copies of all IRS Form 1099’s issued by Plaintiff since the inception of Plaintiff's business. Copies of all IRS Form K-1’s issued by Plaintiff since the inception of Plaintiff's business to any shareholder, member or other owner or member of Plaintiff. Copies of all documents establishing, incorporating, organizing or otherwise creating the Plaintiff as a legal business entity under the laws of the State of Ohio, including any documents filed with the Secretary of State, articles of incorporation or organization, operating agreements, bylaws, partnership agreements, appointments of statutory agents, or other similar documents. Copies of all shareholder, member or partner meeting minutes since the inception of Plaintiff's business. Copies of all documents or records pertaining to all sales taxes paid to the State of Ohio for any and all retail sales that have been consummated by Plaintiff since the inception ofCOPY 12. 13. 14. 15. 16. 17. 18. 19. Plaintiff's business operations, including all returns/reports and payments submitted to the State of Ohio. A copy of the Plaintiff's State of Ohio Vendor’s License. A copy of any records from the Internal Revenue Service issued to the Plaintiff, including, but not limited to any document assigning a federal employment identification number to the Plaintiff. Copies of all records or documents which identify the names, addresses, telephone numbers, social security numbers, or any other identifying information of each person who is a member, shareholder, partner, or who owns any other type of membership or ownership interest in the Plaintiff, including but not limited to shareholder certificates, shareholder ledgers, member ledgers, membership roster or similar type of document. A copy of the lease agreement, deed, or other document evidencing Plaintiff's right to possess the land and/or buildings where it is presently conducting any business operation. Copies of all insurance policies, certificates of insurance or other documents that indicate the presence and/or maintenance of premises liability insurance for any premises wherein Plaintiff is presently conducting any business operation. Copies of all expert witness reports for any witness that Plaintiff intends to introduce at any hearing or trial of this matter, and any documents that the expert witness relied upon in formulating his or her report. Copies of any document evidencing the purchase of each game of skill, sweepstakes machine, computer, or other electronic device that is owned by the Plaintiff and available for use by Plaintiffs customers. Copies of any documents evidencing that any device identified in #18, above, is a device that operates in compliance with the laws of the State of Ohio or is otherwise not an illegal gambling device under the laws of the State of Ohio.