Subpoena for First NLC Financial Svcs, LLC - Re: FHFA RMBS litigation_filed 08 26 2013

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Subpoena issued by USDC S. Dist. of FL. Involves production of documents relating to FHFA RMBS litigation (Goldman Sachs & GSAA 2005-15 involved). Collateral filing:
    Exhibit A Case 08-10632-PGH Doc 2451-1 Filed 08/26/13 Page 1 of 24  AO 888 Rev. 06/09) Subpoena to Produce Documents, Infonnation, or Objects or to Penn it Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT SEE ATTACHMENT A Plaintiff v. Defendant for the Southern District of Florida Civil Action No. SEE ATTACHMENT A If the action is pending in another district, state where: Southern District of New York SUBPOENA T PRODUCE DOCUMENTS INFORMATION R OBJECTS OR T PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: First NLC Financial Services LLC c/o Deborah C. Menotte, 1679 Breakers West Blvd., West Palm Beach FL 33411 l SI Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: Place: SEE ATTACHMENT B Date and Time: February 27, 2013 at 9:00a.m. D Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. I I Place: I Date and Time: , __ j The provisions of Fed. R. Civ. P. 45 c), relating to your protection as a person subject to a subpoena, and Rule 45 d) and e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date: February 13, 2013 CLERK OF OURT OR SEE ATTACHMENT C Signature of Clerk or Deputy Clerk Attorney s signature The name, address, e-mail, and telephone number of the attorney representing (name of party) Federal Housing ---~~ Finance Agency , who issues or requests this subpoena, are: SEE ATTACHMENT C 1 Case 08-10632-PGH Doc 2451-1 Filed 08/26/13 Page 2 of 24  AO 888 Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No. PROO O SERVICE (This section should not be filed with the court unless required by Fed. R Civ P 45.) This subpoena for (name of ndividual nd title, i any) was received by me on (date) C I served the subpoena by delivering a copy to the named person as follows: on (date) C I returned the subpoena unexecuted because: ; or 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 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: Case 08-10632-PGH Doc 2451-1 Filed 08/26/13 Page 3 of 24  AO 888 (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3) Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1107) (c) Protecting a Person Subject to a Subpoena. (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 issuing court must enforce this duty and impose an appropriate sanction which may include lost earnings and reasonable attorney s f s 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 issuing court 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 issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party s officer to travel more than OO miles from where that person resides, is employed, or regularly transacts business in person except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (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 issuing court may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (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; or (iii) a person who is neither a party nor a party s officer to incur substantial expense to travel more than 100 miles to attend trial. (C) Specifying Conditions as an Alternative n the circumstances described in Rule 45(c)(3)(8), 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. (d) 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 or 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- 3 Case 08-10632-PGH Doc 2451-1 Filed 08/26/13 Page 4 of 24
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