2:12-md-02311-MOB-MKM Doc # 1306-3 Filed 04/29/16 Pg 1 of 7 Pg ID 23206
`2:12-md-02311-MOB-MKM DOC # 1306-3 Filed O4/29/16 Pg 1 of 7
`Pg ID 23206
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`EXHIBIT “2”
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`EXHIBIT “2”
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`

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`2:12-md-02311-MOB-MKM Doc # 1306-3 Filed 04/29/16 Pg 2 of 7 Pg ID 23207
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`Master File No. 12-md-02311
`Honorable Marianne O. Battani
`
`Case No. 2:12-cv-00103-MOB-MKM
`Case No. 2:12-cv-00203-MOB-MKM
`Case No. 2:12-cv-00303-MOB-MKM
`Case No. 2:12-cv-00403-MOB-MKM
`Case No. 2:12-cv-00603-MOB-MKM
`
`Case No. 2:13-cv-00703-MOB-MKM
`Case No. 2:13-cv-01003-MOB-MKM
`Case No. 2:13-cv-01103-MOB-MKM
`Case No. 2:13-cv-01303-MOB-MKM
`Case No. 2:13-cv-01403-MOB-MKM
`Case No. 2:13-cv-01503-MOB-MKM
`Case No. 2:13-cv-01603-MOB-MKM
`Case No. 2:13-cv-01703-MOB-MKM
`Case No. 2:13-cv-01803-MOB-MKM
`Case No. 2:13-cv-02003-MOB-MKM
`Case No. 2:13-cv-02203-MOB-MKM
`Case No. 2:13-cv-02403-MOB-MKM
`
`Case No. 2:13-cv-02503-MOB-MKM
`
`Case No. 2:13-cv-02603-MOB-MKM
`
`:::::::::::::::::::::::::::::::::
`
`IN RE: AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
`
`IN RE: WIRE HARNESS
`IN RE: INSTRUMENT PANEL CLUSTERS
`IN RE: FUEL SENDERS
`IN RE: HEATER CONTROL PANELS
`IN RE: OCCUPANT SAFETY RESTRAINT
`SYSTEMS
`IN RE: ALTERNATORS
`IN RE: RADIATORS
`IN RE: STARTERS
`IN RE: SWITCHES
`IN RE: IGNITION COILS
`IN RE: MOTOR GENERATORS
`IN RE: STEERING ANGLE SENSORS
`IN RE: HID BALLASTS
`IN RE: INVERTERS
`IN RE: AIR FLOW METERS
`IN RE: FUEL INJECTION SYSTEMS
`IN RE: AUTOMATIC TRANSMISSION
`FLUID WARMERS
`IN RE: VALVE TIMING CONTROL
`DEVICES
`IN RE: ELECTRONIC THROTTLE
`BODIES
`
`THIS DOCUMENT RELATES TO:
`ALL END-PAYOR ACTIONS
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`TO: David Dishman, Esq.
`
`224 Lewis Wharf
`Boston, MA 02110
`
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`2:12-md-02311-MOB-MKM Doc # 1306-3 Filed 04/29/16 Pg 3 of 7 Pg ID 23208
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` X 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. The deposition will be recorded
`by stenographic and videotape methods. 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:
`
`Place:
`
`Doubletree Club by Hilton Hotel Boston
`Bayside
`240 Mt. Vernon Street
`Boston, MA 02125
`
`Date and Time: May 9, 2016 at
`9:00 am EST
`
`X 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:.
`
`See Attachment A
`
`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: April 27, 2016
`
`
`
`DAVID J. WEAVER, CLERK OF COURT
`
`OR
`
`Signature of Clerk or Deputy Clerk
`
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing
`End-Payor Plaintiffs, who issues or requests this subpoena, are:
`
`Hollis Salzman
`ROBINS KAPLAN LLP
`601 Lexington Avenue, Suite 3400
`New York, NY 10022
`Telephone: (212) 980-7400
`Facsimile: (212) 980-7499
`HSalzman@RobinsKaplan.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).
`
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`2:12-md-02311-MOB-MKM Doc # 1306-3 Filed 04/29/16 Pg 4 of 7 Pg ID 23209
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`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) __________________________.
`
` I served the subpoena by delivering a copy to the named person as follows: _______
`
`____________________________________________________________________________
`
`__________________________________ on (date) ____________________________; or
`
` 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 $______
`
`for services for a total of
`
`$________
`
`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.:
`
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`2:12-md-02311-MOB-MKM Doc # 1306-3 Filed 04/29/16 Pg 5 of 7 Pg ID 23210
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`(c) Place of Compliance.
`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person 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 subpoena 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; Enforcement.
`(1) Avoiding Undue Burden or Expense; Sanctions. 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 comply.
`(2) Command to Produce Materials or Permit Inspection.
`(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) 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 district 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) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district
`where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow 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,
`development, or commercial information; or
`
` (ii) disclosing 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) Specifying 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.
`(1) Producing Documents or Electronically Stored Information.
`These procedures apply to producing documents or electronically
`stored information:
`(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 must organize and label them to correspond to the
`categories in the demand.
`(B) Form for Producing Electronically Stored Information Not
`Specified. If a subpoena does not specify a form for producing
`electronically stored information, the person responding must produce
`it in a form or forms 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 electronically
`stored information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored
`information from sources that the person identifies as not reasonably
`accessible because of undue burden or cost. On motion to compel
`discovery or for a protective order, the person responding must show
`that the information is not reasonably accessible because of undue
`burden or cost. If that showing is made, the court may nonetheless
`order discovery from such sources if the requesting party shows good
`cause, considering the limitations of Rule 26(b)(2)(C). The court may
`specify conditions for the discovery.
`(2) Claiming Privilege or Protection.
`(A)
`Information Withheld. A person withholding subpoenaed
`information under a claim that it is privileged or subject to protection
`as trial-preparation material must:
` (i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications,
`or tangible things in a manner that, without revealing information
`itself privileged or protected, will enable the parties to assess the
`claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as trial
`preparation material, the person making the claim may notify any
`party that received the information of the claim and the basis for it.
`After being notified, a party must promptly return, sequester, or
`destroy the specified information and any copies it has; must not use
`or disclose the information until the claim is resolved; must take
`reasonable steps to retrieve the information if the party disclosed it
`before being notified; and may promptly present the information
`under seal to the court for the district where compliance is required for
`a determination of the claim. The person who produced the
`information must preserve the information until the claim is resolved.
`(g) Contempt.
`The court for the district where compliance is required—and also,
`after a motion is transferred, the issuing court—may hold in contempt
`a person who, having been served, fails without adequate excuse to
`obey the subpoena or an order related to it.
`
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`2:12-md-02311-MOB-MKM Doc # 1306-3 Filed 04/29/16 Pg 6 of 7 Pg ID 23211
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`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
` “All/Each,” the terms “all” and “each” shall be construed as all and each.
`
`the connectives “and” and “or” shall be construed either
` “And/Or,”
`2.
`disjunctively or conjunctively as necessary to bring within the scope of the discovery request all
`responses that might otherwise be construed to be outside of its scope.
`
`3.
`
`“Including” means “including without limitation.”
`
`“Concerning” shall be construed in the broadest sense, and shall mean, without
`4.
`limitation: “referring to, constituting, bearing upon, commenting upon, reflecting, evidencing,
`pertaining to, describing, depicting, consisting of, containing, comprising, embodying,
`identifying, stating, discussing, analyzing, studying, summarizing, or dealing with.
`
`5.
`
`“You” or “Your” shall mean N. Albert Bacharach, Jr.
`
`“Document” is identified to be synonymous in meaning and equal in scope to the
`6.
`usage of this term in Federal Rule of Civil Procedure 34(a), including, without limitation,
`electronically stored information. A draft or non-identical copy is a separate document within the
`meaning of this term.
`
`DOCUMENT REQUESTS
`
`REQUEST NO. 1
`
`All documents concerning any objections you or your clients have made to settlements
`
`reached in other class action litigation.
`
`REQUEST NO. 2
`
`All documents concerning any money or things of value that you or your clients have
`
`received as consideration for settling or withdrawing objections to settlements reached in other
`
`class action litigation.
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`2:12-md-02311-MOB-MKM Doc # 1306-3 Filed 04/29/16 Pg 7 of 7 Pg ID 23212
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`Pg ID 23212
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