Contract analysis

1. Objections. Pursuant to Federal Rule of Civil Procedure 45(d)(2)(B), if the recipient objects to any part of this Subpoena, the recipient must serve a written objection on the party or attorney designated in this Subpoena before the earlier of: (i) the time specified for compliance (October 14, 2024); or (ii) fourteen (14) days after service of this Subpoena. If an objection is timely made, the serving party may n

2. Motion to Quash or Modify. The recipient may file a motion to quash or modify this Subpoena in the United States District Court for the District of Delaware pursuant to Federal Rule of Civil Procedure 45(d)(3). A motion to quash or modify must be filed in a timely manner.

3. Privilege. Pursuant to Federal Rule of Civil Procedure 45(e)(2)(A), if any responsive document is withheld on the basis of a claim of privilege or protection as trial-preparation material, the recipient must: (a) expressly assert the claim of privilege; and (b) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing the information itself, will enable t

4. Undue Burden. Pursuant to Federal Rule of Civil Procedure 45(d)(1), a party or attorney responsible for issuing a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court 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.

Section C — Contempt Sanctions WARNING: Failure to obey this Subpoena without adequate excuse may be deemed a contempt of the United States District Court for the District of Delaware, which is the court from which this Subpoena was issued. See Fed. R. Civ. P. 45(g). The court may hold in contempt any person who, having been served with a subpoena, fails without adequate excuse to obey the subpoena or an order relate

1. Completeness of Production. All documents responsive to this Subpoena shall be produced in their entirety, without redaction (except as required by a valid claim of privilege), including all attachments, appendices, exhibits, enclosures, cover letters, and transmittal materials. Where a responsive document is part of a file, folder, or binder, the entire contents of such file, folder, or binder shall be produced t

2. Privilege Log. If any document responsive to this Subpoena is withheld, in whole or in part, on the basis of any claim of privilege, protection as attorney work product, or any other basis, the recipient shall provide a privilege log in accordance with Federal Rule of Civil Procedure 45(e)(2)(A). The privilege log shall identify, for each withheld document or portion thereof: (a) the date of the document; (b) the

3. Format of ESI Production. Electronically stored information shall be produced in native format, or alternatively as single-page TIFF images (300 DPI, Group IV compression) accompanied by extracted text files (.txt) and metadata load files compatible with industry-standard litigation review platforms (e.g., Relativity, Ashgrove Technologies, or equivalent). Production shall include all available metadata fields, in

4. Identification of Lost or Destroyed Documents. If any document responsive to this Subpoena has been destroyed, discarded, lost, deleted, overwritten, or is otherwise no longer in the possession, custody, or control of the recipient, the recipient shall identify such document with as much specificity as possible, including: (a) the type and general subject matter of the document; (b) the author(s) and recipients of

5. Bates Numbering. All documents produced in response to this Subpoena shall be numbered with sequential Bates stamps or an equivalent unique identification system (e.g., "VERIDIAN_0000001") applied to each page. Bates numbers shall be unique and shall not be duplicated across productions. Each responsive document shall bear a Bates number sufficient to identify its beginning and ending pages.

6. Protective Order. This Subpoena is issued subject to the Stipulated Protective Order entered in Apex Surgical Innovations, Inc. v. Solstice Biomedical, Inc., Case No. 1:24-cv-00587-RGA (Dkt. No. 34). To the extent applicable, Veridian may designate materials produced in response to this Subpoena as "CONFIDENTIAL" or "CONFIDENTIAL — ATTORNEYS' EYES ONLY" under the terms of the Stipulated Protective Order. Counsel f

7. Continuing Obligation. If, after serving its production, Veridian discovers additional documents responsive to this Subpoena, Veridian shall promptly supplement its production and produce such additional documents as soon as reasonably practicable. PART VI — SCHEDULE A: DOCUMENTS AND CATEGORIES REQUESTED The following categories of documents, electronically stored information, and tangible things are requested fro

1. Veridian Medical Technologies, Inc. Service by certified mail, return receipt requested, and by personal service upon the Custodian of Records / General Counsel at the following address: Veridian Medical Technologies, Inc. 475 Innovation Drive, Suite 300 Morristown, New Jersey 07960

2. Counsel for Plaintiff, Apex Surgical Innovations, Inc. Notice of service on non-party Veridian Medical Technologies, Inc. was provided pursuant to Federal Rule of Civil Procedure 45(a)(4), which requires that notice and a copy of the subpoena be served on each party prior to service on the non-party, by electronic mail and first-class mail to: Victoria Stanton, Esq. Hargrove, Tate & Bennington LLP 900 North King S