FR EA

Contract analysis

Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.

Contract analysis / subpoena-solara-records.docx
subpoena-solara-records.docx
1014-00004 · 14 clauses
High · 1 Medium · 5 Standard · 0
I. COMMAND TO PRODUCE
I. COMMAND TO PRODUCE YOU ARE HEREBY COMMANDED to produce, at the date, time, and place set forth below, the documents and electronically stored information ("ESI") designated in Schedule A attached hereto, or to permit inspection and copying of said documents and ESI, in accordance with the instructions set forth below and in compliance with Federal Rule of Civil Procedure 45. Date of Production: October 9, 2024 (th
1. Documents originally created or maintained in electronic form shall be produced in the
1. Documents originally created or maintained in electronic form shall be produced in their native electronic format, including all associated metadata. Where native production is not feasible, documents shall be produced as single-page TIFF images (300 dpi minimum) with associated load files (Ashgrove Technologies .DAT and Opticon .OPT files) and extracted or OCR text files, consistent with the ESI Protocol Agreemen
2. Paper documents, or documents for which no electronic original exists, shall be produc
2. Paper documents, or documents for which no electronic original exists, shall be produced as single-page TIFF images with Bates numbering, organized to correspond to the categories set forth in Schedule A.
3. All metadata associated with electronically stored information, including but not limi Medium
⚑ Liability cap to check against exposure
3. All metadata associated with electronically stored information, including but not limited to date created, date modified, date sent, date received, author, recipient(s), file path, file name, and file size, shall be preserved and produced in a metadata load file.
4. Documents or ESI withheld on the basis of any applicable privilege shall be identified
4. Documents or ESI withheld on the basis of any applicable privilege shall be identified on a privilege log consistent with Federal Rule of Civil Procedure 45(e)(2) and the requirements set forth in Section VII.D of this subpoena.
5. The producing party shall preserve the document family relationships of all documents
5. The producing party shall preserve the document family relationships of all documents produced (i.e., parent emails and their attachments shall be produced together and identified as a document family).
II. ISSUING ATTORNEY INFORMATION
II. ISSUING ATTORNEY INFORMATION This subpoena is issued on behalf of Plaintiff Optiwave Semiconductor Corp. by and through its counsel of record: Wendy Schultz (SBN 298741) Lead Associate Calderwood & Harkness LLP 350 South Grand Avenue, 48th Floor Los Angeles, California 90071 Telephone: (213) 555-0147 Email: wschultz@calderwoodharkness.com Admitted pro hac vice, Eastern District of Texas Responsible Partner: Alan
III. NOTICE AND PROOF OF SERVICE Medium
⚑ Notice / time limit to track
III. NOTICE AND PROOF OF SERVICE A. Notice to Other Parties In accordance with Federal Rule of Civil Procedure 45(a)(4), notice of this subpoena and a copy thereof have been served on all parties to this action, including counsel for Defendant Lumicore Technologies, Inc., as follows: Catherine "Kate" Rourke Hawthorne Vega & Cruz LLP 600 Congress Avenue, Suite 2400 Austin, Texas 78701 Telephone: (512) 555-0388 Email:
IV. FEDERAL RULE OF CIVIL PROCEDURE 45 ADVISEMENTS Medium
⚑ Liability cap to check against exposure
IV. FEDERAL RULE OF CIVIL PROCEDURE 45 ADVISEMENTS The following advisements are provided to the recipient of this subpoena in accordance with Federal Rule of Civil Procedure 45: A. Duty to Respond You must respond to this subpoena by producing the documents and ESI designated in Schedule A by the date specified above (October 9, 2024), subject to any objections timely served in accordance with Rule 45(d)(2)(B). Your
10. Time Period: Unless otherwise specified, the requests set forth below cover the perio Medium
⚑ Liability cap to check against exposure
10. Time Period: Unless otherwise specified, the requests set forth below cover the period from January 1, 2012 through the date of dissolution of Solara Optics, Inc. (approximately 2020), and any period thereafter during which You have maintained custody of, or had access to, Solara Optics records. Where a request calls for documents created after the dissolution of Solara Optics, the request is limited to documents
VII. INSTRUCTIONS FOR PRODUCTION Medium
⚑ Confidentiality undertaking
VII. INSTRUCTIONS FOR PRODUCTION The following instructions shall govern the production of documents and ESI responsive to this subpoena: A. Bates Numbering All documents produced in response to this subpoena shall be Bates-numbered sequentially, using the prefix "SOLARA-FALK-" followed by sequential numbering beginning with 000001 (e.g., SOLARA-FALK-000001, SOLARA-FALK-000002, etc.). Each page of each document shall
1. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Prem
1. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (AO 88A Form), with Schedule A — Document Requests and Instructions for Production;
2. Copy of the Stipulated Protective Order entered in this action on August 19, 2024 (Dkt
2. Copy of the Stipulated Protective Order entered in this action on August 19, 2024 (Dkt. No. 34); and
3. Copy of the ESI Protocol Agreement entered in this action on August 15, 2024 (Dkt. No. High
⚑ Penalty / liquidated damages
3. Copy of the ESI Protocol Agreement entered in this action on August 15, 2024 (Dkt. No. 31). We appreciate your cooperation and look forward to working with you to ensure a smooth and efficient production process. Respectfully, CALDERWOOD & HARKNESS LLP By: ________ Wendy Schultz Lead Associate 350 South Grand Avenue, 48th Floor Los Angeles, California 90071 Telephone: (213) 555-0147 Email: wschultz@calderwoodharkn