| SEM OOCUMENT . UNITED STATES DISTRICT COURT _ ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK Ihoc #!: SECURITIES AND EXCHANGE [Date FILED: COMMISSION, . 19-cv-9013 (JSR) Plaintiff, ORDER -against- ALKIVIADES DAVID, HOLOGRAM USA NETWORKS INC., and SPENCER G. FELDMAN

JED S. RAKOFF, U.S.D.Jd. . On February 7, 2020, plaintiff Securities and Exchange Commission (the “Commission”), filed a letter with the Court requesting permission to serve the Commission’s deposition subpoena on non-party witness Carl Dawson (“Dawson”) by email. Based on the Commission’s representations in the letter (attached as Exhibit A to this order), the Court is persuaded that alternative service by email is warranted in this case. Accordingly, the Court permits the Commission to serve Dawson with the subpoena by emailing it to him again. SO ORDERED. Dated: New York, NY NZ February 2020 JED S. RAKOFF, U.S.D.J.

fs PSE Dae UNITED STATES gay SECURITIES AND EXCHANGE COMMISSION AEP NEW YORK REGIONAL OFFICE a gy SROCRERTaTn □□ RICHARD G, PRIMOFF LOS 200 VESEY STREET. STE 400 TELEPHONE: (212) 336-0148 NEW YORK, NY 10281-1 022 FACSIMILE: (212)336-1319

February 7, 2020

VIA EMAIL The Honorable Jed S. Rakoff United States District Judge United States Courthouse 500 Pearl Street □ New York, NY 10007

Re: SEC v. David, et al. (19 CV 9013 (JSR) Dear Judge Rakoff: Plaintiff Securities and Exchange Commission (the “Commission”) respectfully writes to request, with Defendants’ consent, that the Court permit alternative service of the Commission’s deposition subpoena on non-party witness Carl Dawson (“Dawson”) by email. The Commission makes this request because: (1) Dawson had previously orally consented to service of a prior deposition subpoena by email at the relevant email address; (2) has recently communicated with the Commission using that email address; and (3) the Commission’s process server has not succeeded in effecting personal service on Dawson despite diligent attempts. The Commission recently contacted Dawson to try to secure his consent to service of this deposition subpoena by email, but he has not responded. As background, in early January 2020, the undersigned Commission counsel spoke with Dawson, a resident of Calabasas, California, by telephone to inform him that the Commission intended to take his deposition. I asked Dawson whether he would consent to service of the deposition subpoena by email to [email protected]. Dawson indeed consented on the call and informed me that he was available for a deposition on February 4. On January 9, the Commission emailed Dawson a deposition subpoena scheduling his deposition for February 4 in the Commission’s Los Angeles office. (A copy of my January 9, 2020 email and subpoena is attached as Exhibit 1.) Several weeks later, during the deposition of Defendant Alkiviades David (“David”) on January 24, the parties agreed that David’s deposition would be continued and that Dawson’s deposition would therefore be rescheduled. □□

Thereafter, between January 24 and February 4, 2020, I telephoned and emailed Dawson repeatedly and asked him to contact me to discuss rescheduling his deposition. I did not hear from Dawson until February 3, when he emailed me from the relevant email address, apologized for his prior lack of response and explained he had been ill, and asked that his deposition be rescheduled to a date as late as possible. (Copies of my emails with Dawson are attached as Exhibit 2.) ] then attempted to reach him again by telephone and email that day and the next but again received no response. On February 4, the Commission engaged a process server to personally serve Dawson at his two most recent, known addresses: his apparent residence in Calabasas, California and his apparent work address in Woodland Hills, California. Later that day, the process server advised the Commission that service had been unsuccessful at both addresses, that the residential address appeared to have been abandoned by Dawson, and that a manager at the work address had told the process server that Dawson was “‘on the run....” because of a workplace dispute. The Commission later provided the process server with two older potential addresses for Dawson, but the process server has since informed the Commission that Dawson does not appear to live or work at either of those addresses: The Commission has no additional information as to Dawson’s residential or business address, if any. On February 5, 2020, given the apparent futility of personal service, I emailed Dawson a copy of the Commission’s second deposition subpoena, dated February 4, 2020, requiring his attendance for a deposition on February 20 in Los Angeles. My email asked Dawson to confirm whether he would agree to accept service of this deposition subpoena by email. (A copy of that email, which corrects an error in an earlier email, and subpoena is attached as Exhibit 3.) To date, the Commission has received no response from Dawson. Under these circumstances, the Commission respectfully requests that the Court deem the Commission’s February 5, 2020 email service of the deposition subpoena on Dawson effective under Federal Rule of Civil Procedure 45 or authorize alternative email service and permit the Commission to serve Dawson with the subpoena by emailing it to him again. Courts in the Second Circuit have authorized alternative service where prior attempts at personal service have been made, and it “reasonably insures actual receipt of the subpoena by the witness.’” Ultradent Products, Inc. v. Hayman, No. M8-85 (RPP),

at *4 (S.D.N.Y. Sept. 24, 2002) )(citing Cordius Trust v.. Kummerfeld, 1999 U.S. Dist. Lexis 19980, *5-—*6 (S.D.N.Y. 1999)). Here, service by email is the most practicable method of accomplishing service designed to provide actual notice. See SEC v. Pence,

(S.D.N.Y. 2017) (Gorenstein, Mag. J.) (authorizing alternative service of a subpoena, including by email, where the Commission had not succeeded in effecting personal service); see also Philip Morris USA Inc. v. Veles Ltd., No. 06 CV 2988 (GBD),

, at *2 (S.D.N.Y. March 12, 2007) (noting that “federal courts have approved email service of process as an appropriate means under Rule 4 in proper circumstances”).

The Commission meets this standard. It has diligently attempted personal service and has reason to believe that further attempts to personally serve Dawson will be futile. Furthermore, Dawson previously consented to service of the prior deposition subpoena by email and used the same email address to communicate with Commission counsel as recently as February 3, 2020, demonstrating that service by email will ensure that Dawson “actually receives the subpoena.”

Kenyon,

, at *3. TheGommission therefo respectfully requests that the Court permit alternative service of the deposition subpoen a Dawson by email. espectfully su ited,

1! VE bo . f / 4 RichardG, Printoff/ a Lf cc: Defendants’ counsel (email) a

EXHIBIT 1

Primoff, Richard a From: Primoff, Richard Sent: Thursday, January 09, 2020 7:07 PM To: ‘[email protected]' Ce: Klug, Yitzchok Subject: SEC v. David, et al. Attachments: Deposition Subpoena Dawson.pdf

Mr, Dawson: Pursuant to our conversation of earlier today, in which you agreed to accept service of the deposition subpoena by email, | have attached the subpoena for your February 4, 2020 deposition. Richard G. Primoff Senior Trial Counsel SECURITIES AND EXCHANGE COMMISSION New York Regional Office Brookfield Place, 200 Vesey Street, Ste. 400 ; New York, NY 10281 (212}-336-0148 .

SS rece rete oA UNITED STATES DISTRICT COURT for the Southem District of New York SECURITIES AND EXCHANGE COMMISSION ) Plaintigg ) Vv. ) Civil Action No, 19 CIV 9013 (JSR) ALKIVIADES DAVID and HOLOGRAM USA ) NETWORKS INC. ) Defendant ) SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: Carl Dawson, VC Media Partners, LLC, 22120 Clarendon, Ste 140, Woodland Hills, CA 91367 (Name of person to whom this subpoena ts 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 designate one or more officers, directors, or managing agents; or designate other persons who consent to testify on your bebalf about the following matters, or those set forth in an attachment:

Place: Securities and Exchange Commission, 444 South Date and Time: . Flower Street, Suite 800 Los Angeles, CA $0071. February 4, 2020 9:30 AM The deposition will be recorded by this method: _videocam, stenographer, sound recording, or combination □ O 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 material:

The following provisions of Fed. R. Civ. P. 45 are attached ~ Rule 45(c), relating to the place of compliance; Rute 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) ax (g), relating teyyour duty to respond to this subpoena and the potential consequences of not doing so. Date: 1/09/2020 CLERK OF COURT Yi, GE, OR Signature of Clerk or Deputy Clerk Jf Auornss Snature The name, address, e-mail address, and telephone number of the attorney representing (name ofparty) ____ Plaintiff Securities and Exchange Commission , who issues or requests this subpoena, are: Richard G. Primoff, 200 Vesey Street, Ste 400, New York, NY 10281, [email protected], 212-338-0148 Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things, 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).

AO 8BA (Rev. 12/13) Subpoena to Testify at a Deposition tn a Civil Action (Pege 2) □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ Civil Action No. 19 CIV 9073 (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, ifeny) _ on (date) . O I served the subpoena by delivering a copy to the named individual as follows:

on (dote) sor G I retuned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, J 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 □

1 declare under penalty of perjury that this information is true.

Date: Server's signature ee Printed name and title

Server's address Additional information regarding attempted service, etc.:

AO88A (Rev, 12/13) Subpoena to Testify st a Depesition in 2 Civil Action (Poge 3) □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ eee Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13) (c) Place of Compliance. (i) disctosing a trade secret or other confidential research, development, (1) Fer a Trial, Hearin Deposition. A commend OF Ooty elestay cn trecicined opini inf that does 1) Fera OF may a i an expert's opinion cr information ee athens cial beng. depositing anky aa follows: not describe specific occurrences in disputo end results from the expert's (A) within 100 miles of where the person resides, fs employed, or study that was not requested by a party. . regularly transects business in person; or (©) Speetfing Conditons 03 an Alternative. tn the clacumsanecs (B) within the state where tho person resides, is employed, or regularly described in Rule 45(d)(3)(B), the court may, instead of quashing or pensacts business in person, ifthe person modifying a subpoena, order eppearance or production under specified @ isa party or a pasty’s officer; or conditlons if the serving party: □ fs commanded to attend a trial and would not incur substantial () shows a substantial need for the testimony or material thot cannot be expense. otherwise met without tndue hardship; and (i) ensures that the subpoenzed person will be reasonably compensated. (2) For Other Discovery. A subpoena may commandk: (A) production of documents, electronically stored information, or (e) Dutles In Responding Subpoena. tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; end (1) Producing Documents or Electronically Stored Information. These (B) inspection of premises at the premises to be inspected. procedures apply to producing documents or electronically stored ormation: Protecting a Person Subject to a Sub 3 Enforcement, A) Documents. A toa to produce documents a peenss wt oats theca thay ene hept in the ondary course of business or (1) Avolding Undue Burden or Expense; Sanctions. A patty or sttomey musi organize and [abel them to cosrespond to the categories in the demand. responsible for issuing and serving a subpoena must take reasonable steps (B) Form for Producing Electronically Stored Information Not Specified. to avoid imposing undue burden or expense on a person subject to the Napa oe Oe ee eee sabpoenn The eoutt for the district where compliance is required must information, the person responding must produce it in a form or forms in enforce this duty and impose an appropriste sanction—which may include which it is ordinarily maintained or in a reasonably usable form or forms. lost earings and reasonable attorney's fecs—on a party of attomey who (C) Etectrontcally Stored Information Produced tn Only One Form. Tha fails to comply. perssa responding teed not produce the same electronically stored MD) inaorselbte Elecronlatly Stored Informaton. Th (2) Command to Produce Materials or Permit Inspection. (D) inaccessible Elec 0 formation. The person Tet attention uachledeen ae responding need not provide discovery of electronically stored information documents, electronically stored information, or tangible orto from sources that the person {dentifies as not reasonably sccessible because pennit the inspection of premises, need not inpersonstthepleccof of unde burden or cost. On motion to compel discovery or for a protective vrodzetion at inspection unless also eammanded to appear for a deposition, order, the person responding must show that the information is not hearing, or trial. reasonably secessible because of undue burden or cost. If that showing is (B) Objections, A person commanded to produce documents ox tangibte © made, the court may nonetheless order discovery from such sources if the things or to pennit inspection may serve on the party or stiomcy designated requesting party shows good causo, considering the limitations of Rule in the subpoena o written objection to ing, copying, (esting, or 26(b)(2)(C). The court may specify conditions for the discovery. sampling any or afl of the materials or to the premises—or to producing electronically stored information in the former forms requested. (2) Claiming Privilege or Protection. The objection must bo served before the easlier of the time specified for (A) Information Withheld, A persona withholding subpoenaed information □□□ ace a under a claim that it is privileged or subject to protection as trial-preparation the following rules apply: material must: (D) At sny tims, on notice to the commanded person, the serving party @) expressly make the claim; and may move the court for the district where compliance is required for an (L) describe the nature of the withheld documents, contmumications, or order compelling production or inspection. tangible things in a manner that, without revealing informatica itself Gi) These acts may be required only as directed in the order, and the privileged or protected, will enzble the parties to assess the claim. order must protect a person who is neither a party nora party's officer from —_(B) [formation Produced, If information produced in response toa significant expense resulting from compliance, extipoena is eye to a lsien of privdege cr of protection as uty -preparation material, the person making im may notify any party Q) Quashing ar Modifying a Sabpoena, Se eee notified, a mist promptly retum, sequester, or destroy i (A) When Required. On timely motion, the court for the district where informatine and any coples it has; aust net use or disclose the information compliance is required must quash or modify a subpoena that: until the claim is resolved; must take reasonable steps to retrieve the , information if the party disclosed it before being notified; end may promptly @ falls to allow a reasonable time to comply; present the information under seal to the court for the district where □□□ requires a person to comply beyond the geographical limits ae ea eee ee ee ee eee specified in Rule 45(c); produced the information must preserve the information until the claim is (Il) requires disclosure of privileged or other protected maiter, if'no resolved. exception or waiver epplics; or Gv) subjects a persan to undus burden. (g) Contempt. 0) hen Permiite. To proteat o person subject to or affected by a □□□ ate eh ee subpoena, w tho district where compliance is required may, on motica is gansferred, the issuing court—may hold in contempt a motion, quash or modify the subpoena if it requires: who, having been served, fails without adequate exeuse to obey the subpoena or an order related to it, For access to subpoena materials, see Fed, R. Civ. P. 45(a) Committce Note (2013).

EXHIBIT 2

Primoff, Richard aera errr renee reer reece eee cence eee From: Primoff, Richard Sent: Monday, January 27, 2020 10:57 AM To: ‘[email protected]’ Cc: Klug, Yitzchok Subject: SEC v. David, et al.

Hi Mr. Dawson: We need to discuss re-scheduling the date for your deposition. Could you please call me at your earliest convenience? Thank you. Richard G. Primoff Senior Trial Counsel SECURITIES AND EXCHANGE COMMISSION New York Regional Office Brookfield Place, 200 Vesey Street, Ste. 400 New York, NY 10281 (212)-336-0148

Primoff, Richard From: Primoff, Richard Sent: Wednesday, January 29, 2020 1:30 PM To: ‘[email protected]' Subject: SEC v. David, et al.

Mr. Dawson: | am following up on my email from Monday (and earlier voicemail messages), regarding the need to re- schedule your deposition in this matter. Please call me today to discuss, Richard G. Primoff Senior Trial Counsel SECURITIES AND EXCHANGE COMMISSION New York Regional Office Brookfield Place, 200 Vesey Street, Ste. 400 New York, NY 10281 (212)-336-0148

Primoff, Richard SESS She □□□□□□□ From: Primoff, Richard Sent: Monday, February 03, 2020 1:59 PM To: [email protected] Ce: Klug, Yitzchok; Grace, Adam S. Subject: Rai SEC y. Ravid, et al

| will call you in a few hours. What number is best to reach you at? Sent from my IPhone

On Feb 3, 2020, at 12:13 PM, “[email protected]" <[email protected]> wrote:

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mr. Primoff, | apologize... | have been out with the flu and other personal ailments which had my hospitalized. | still not completely well. If we need to push the date back, please push out as far as possible. Thank you

Warmest Regards, Carl Dawson

From: Primoff, Richard <[email protected]> Sent: Friday, January 31, 2020 1:13 PM To: [email protected] Cc: Klug, Yitzchok <[email protected]>; Grace, Adam S. <[email protected]> Subject: SEC v. David, et al. Mr. Dawson, | have telephoned you several times over the past week (and had telephoned you last week as well), and emailed you twice, requesting that you contact me so we can discuss re-scheduling your deposition, To date, | have not heard back from you, | would prefer to work out a new date without the necessity of seeking intervention of the Court, but to do so we need to communicate. Please call me promptly at the number listed below. Richard G. Primoff Senior Tria! Counsel SECURITIES AND EXCHANGE COMMISSION New York Regional Office Brookfield Place, 200 Vesey Street, Ste. 400 New York, NY 10281

Primoff, Richard LS SS a ef From: Primoff, Richard . Sent: Monday, February 03, 2020 5:15 PM To: ‘[email protected]’ Ce: Klug, Yitzchok; Grace, Adam S., Subject: RE: SEC v, David, et al. ,

Thank your for your email, Mr. Dawson: Are you available to speak now? Please let us know what number we should use {i just tried your 310 number). From: [email protected] <[email protected]> Sent: Monday, February 03, 2020 12:13 PM To: Primoff, Richard <[email protected]> Cc: Klug, Yitzchok <[email protected]>; Grace, Adam S. <[email protected]> Subject: RE: SEC v. David, et al. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content Is safe. Hello Mr. Primoff, ‘ | apologize... | have been out with the flu and other personal ailments which had my hospitalized. | still not completely well. If we need to push the date back, please push out as far as possible. Thank you

Warmest Regards, Carl Dawson From: Primoff, Richard <[email protected]> Sent: Friday, January 31, 2020 1:13 PM To: [email protected] - Ce: Klug, Yitzchok <[email protected]>; Grace, Adam S. <[email protected]> Subject: SEC v. David, et al. Mr. Dawson, | have telephoned you several times over the past week {and had telephoned you last week as well), and emailed you twice, requesting that you contact me so we can discuss re-scheduling your deposition. To date, | have not heard back from you. | would prefer to work out a new date without the necessity of seeking intervention of the Court, but to do so we need to communicate. Please call me promptly at the number listed below. Richard Primoff Senior Trial Counsel SECURITIES AND EXCHANGE COMMISSION New York Regional Office Brookfield Place, 200 Vesey Street, Ste. 400 New York, NY 10282 (212)-336-0148

EXHIBIT 3

Primoff, Richard a From: Primoff, Richard Sent: Wednesday, February 05, 2020 11:18 AM To: ‘[email protected]' Ce: Klug, Yitzchok Subject: SEC v., David, et al. Attachments: Deposition Subpoena Dawson 02.04.20.pdf

Mr. Dawson: Apologies, please disregard my email from a few minutes ago, as | Included the wrong date In my email message, although the correct date for your deposition Is stated in the subpoena | attached. In the interest of clarity, | am attaching again a copy of our subpoena to you, for your rescheduled deposition on February 20, 2020, at the SEC’s Los Angeles Regional Office at 9:30 a.m., pursuant to your email to me of February 3, 2020, and your prior oral agreement to accept service of subpoenas by email, Please confirm by reply email your acceptance of this subpoena by email, in lieu of personal service, and, of course, call me with any questions you may have. Regards, Richard G. Primoff Senior Trial Counsel SECURITIES AND EXCHANGE COMMISSION New York Regional Office Brookfield Place, 200 Vesey Street, Ste. 400 New York, NY 10281 {212)-336-0148

AO 88A (Rev. 12/13) Subpoena to Testify at o Deposition ina Civil Action UNITED STATES DISTRICT COURT for the Southem District of New York SECURITIES AND EXCHANGE COMMISSION ) □ Plainiff ) v. ) Civil Action 19 CIV 9013 (JSR) ALKIVIADES DAVID and HOLOGRAM USA ) NETWORKS INC. ) Defendant ) SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: Carl Dawson, 24719 Calle Largo, Calabasas, CA 91302 (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 ata deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment:

444 South Flower Street, Suite 900, 21): Los Angeles. CA 80071 February 20, 2020 9:30:00 AM The deposition will be recorded by this method: _videocam, stenographer, sound recording, or combination yt Pre srt SP © 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 material:

□ The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating 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: 2/4/2020 y) CLERK OF COURT oR {J 7 WW) MP X 2 Signature of Clerk or Deputy Clerk CY Uf Aorneyssignature See +e The name, address, e-mail address, and telephone number of the attorney representing (name ofparty) _ Plaintiff Securities and Exchange Commission , who issues or requests this subpoena, are: Yitzchok Klug, 200 Vesey Street, Ste 400, New York, NY 10281, [email protected], 212-336-0112 Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things, 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).

AQ 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action (Page 2)

Civil Action No. 19 Ci¥ 8013 (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 (nome of individual and title, ifony) On (date) C} I served the subpoena by delivering a copy to the named individual as follows:

on (date) > Or © i retumed 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 perjury that this information is true.

Date: Server's signature

Printed name and title

Server's address Additional information regarding attempted service, etc.:

AO 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action (Page 3) □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ ee □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13) (c) Place of Compliance. (i) disclosing a wade secret or other confidential rescarch, development, or commercial information; or (1) For @ Trial, Hearing, or Deposition. A subpoena may command a {t) disclosing an unretained expert's opinion or information that does person to attend a tial, hearing, or deposition only as follows: not describe specific occurrences in dispute and results from the expert's (A) within 100 miles of where the pesson resides, is employed, or study thal was not requested by a party. regularly transacts business in person; or (C) Specifying Conditions as an Aliernative. In the circumstances {B) within the state where the person resides, is employed, or regularly described in Rule 45(d}(3)(B), the court may, instead of quashing or transacts business in person, ifthe person madifying a subpoena, order appearance or production under specified (i) és a party or 2 paty’s officer; or conditions if the serving pasty: (il) is commanded to attend a trial and would not incur substantial (i) shows a substantial need for the testimony or material that cannot be expense. otherwise met without undus hardship; snd (1) ensures that the subpoenaed person will be reasonably compensaied, (2) For Other Discovery. A subpocna may command: (A) production of documents, electronically stored information, or (e) Duties in Responding to a Subpoena. tangible things at a place within 100 miles of where the person resides, is employed, or regufarly transacts business in person; and (1) Producing Documents or Electronically Stored Information. These (B) inspection of premises at the premises to be inspected. procedures apply to producing documents or electronically stored formation: Protecting a Person Subject to a Subpoena; Enforcement. (A) Documents, A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or (1) Avolding Undue Burden or Expense; Sanctions. A party or attomney must organize and tabel them to correspond to the categories in the demand, responsible for issuing and serving a subpoena must take reasonable steps (B) Form for Producing Electronically Stored Information Not Specified. to avoid imposing undue burden or expense on a person subject to the Ifa subpoena does nat specify a form for producing electronically stored subpoena. The court for the district where compliance is required must information, the person responding must produce it in a form or forms in enforce this duty ond impose an appropriate sartction—which may include which it is ordinarily maintained or in a reasonably usable form or forms. lost eamings and reasonable atomey’s fecs—on a party or atomey who (C) Electronically Stored Information Produced in Only One Ferm. The fails to comply. person responding need not produce the same electronically stored information in more than one form. (2) Command to Produce Materials or Permit Inspection. (D) Jnaccessible Electronically Stored information. The person (A) Appearance Not Required. A person commanded to produce responding need not provide discovery of electronically stored information documents, electronically stored information, or tangible things, or to from sources that the person identifies as not reasonably accessible because permit the inspection of premises, need not eppear in person at the place of of undue busden or cost. On motion to compel discovery or for a protective production or inspection unless also commanded to appear fora deposition, order, the person responding must show that the information is not hearing, or tial. reasonably accessible because of undue burden or cost. If that showing is (B) Objections. A person commanded to produce documents or tangible made, the court may nonetheless order discovery from such sources if the things of to permit inspection may serve on the party or atiomey desisnated —_ requesting party shows good cause, considering the limitations of Rute in the subpoena a written objection to inspecting, copying, testing, or 26(b)(2)(C). The count may specify conditions for the discovery. sampling any or afl of the materials or to tnspecting the premises—er to . producing electronically stored information in the form or forms requested, (2) Claiming Privilege or Protection. The objection must be served before the ezslier of the time specified for (A) Information Withheld, A person withholding subpoenzed information compliance or 14 days after the subpocna is served. If'an objection is made, _ under a claim that it is priviteged or subject to protection as trial-preparation the following rules apply: material must: (1) At any time, on notice to the commanded person, the serving party (i) expressly make the claim; and may move the court for the district where compliance is required for an (ii) describe the nature of the withheld documents, communications, or order compelling production or inspection. tangible things in a manner thot, without revealing information itself (ii) These acts may be required only as directed in the order, and the privileged or protected, will enable the parties to assess the claim. order must protect a person who is neither a party nor a party's officer from = (B) Information Produced. If information produced in response to & significant expense resulting from compliance. subpoena is subject to a claim of privilege or of protection as . uial-preparation material, the person making the claim may notify any pasty (3) Quashing or Modifying a Subpoena. that received the information of the claim and the basis for it, After being notified, a pasty must promptly retum, sequester, cr destroy the specified (A) When Required. On timely motion, the court for the district where information and any copies it has; must not use or disclose the information compliance is required must quash or modify a subpoena that: until the claim is resolved; must take reasonable steps to seuieve the information if the pasty disclosed it before being notified; and may promptly (i) fails to allow a reasonable time to comply; present the information under seal to the court for the district where (ii) requires a person to comply beyond the geographical limits compliance is required for a determination of the claim. The person who specified in Rule 45(c); produced the information must preserve the information until the claim is (ii) requires disclosure of privileged or other protected matter, if'no cesolved, exception or waiver applies; or {iv) sudjects a person to undue burden. (g) Contempt. (B) When Permitted. To protcet a person subject to or affected by a The court for the district where compliance is required—and also, after a subpoena, the court for the district where compliance is required may, on motion is transferred, the issuing court—may hold in contempt a person motion, quash or modify the subpoena if it requires: who, having been served, fails without sdequate excuse to obey the subpoena or an order related to it. For access to subpoena materials, sec Fed. R. Civ, P. 45(a) Commiuee Note (2013).