COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. Summons in a Civil Action (Rev 11/97) : Calendar No. JUDICIAL United States District Court SUBPOENA Plaintiff(s) : -against: SOUTHERN DISTRICT OF CALIFORNIA : : vs SUMMONS IN A CIVIL ACTION Defendant(s) Case No. : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO TO: (Name and Address of Defendant) GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 days after An answer to the complaint which is herewith served upon you, within service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded insign above and type name below) the complaint. (Attorney must Attorney(s) for W. Samuel Hamrick, Jr. CLERK DATE Office and P.O. Address By , Deputy Clerk Summons in a Civil Action ::ODMA\PCDOCS\WORDPERFECT\14443\1 May 5, 1999 (11:34am) Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. RETURN OF SERVICE : Plaintiff(s) Service of the Summons and Complaint was made by me -against- NAME OF SERVER JUDICIAL DATE SUBPOENA : TITLE : Check one box below to indicate appropriate method of service : Served personally upon the defendant. Place where served: Defendant(s) : ...................................................... Left copies thereof at the defendant's dwelling, house or usual place of abode with a person of suitable age and discretion then residing therein: THE PEOPLE OF THE STATE OF NEW YORK Name of person with whom the summons and complaint were left: TO Return unexecuted: Other (specify): GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court STATEMENT OF SERVICE FEES located at County of in room , on the day of , 20 , at the TRAVEL SERVICES o'clock inTOTAL noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the Return of Service is true and correct. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Executed on: Date Witness, Honorable Court in County, Signature of Server , one of the Justices of the day of , of Address20 Server NOTICE OF RIGHT TO CONSENT TO TRIAL BY A UNITED STATES MAGISTRATE (Attorney must sign above and type name below) IN ACCORDANCE WITH THE PROVISION OF 28 USC 636(C) YOU ARE HEREBY NOTIFIED THAT A U.S. MAGISTRATE OF THIS DISTRICT MAY, UPON CONSENT OF ALL PARTIES, CONDUCT ANY OR ALL PROCEEDINGS, INCLUDING A JURY OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT. COUNSEL FOR THE PLAINTIFF HAS RECEIVED A CONSENT FORM. Attorney(s) for YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT CONSENT IS ENTIRELY VOLUNTARY AND SHOULD BE COMMUNICATED SOLELY TO THE CLERK OF COURT. ONLY IF ALL PARTIES CONSENT WILL THE JUDGE OR MAGISTRATE TO WHOM THE CASE HAS BEEN ASSIGNED BE INFORMED OF YOUR DECISION. Office and P.O. Address JUDGEMENTS OF THE U.S. MAGISTRATES ARE APPEALABLE TO THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND THE FEDERAL RULES OF APPELLATE PROCEDURE. 1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure ::ODMA\PCDOCS\WORDPERFECT\14443\1 May 5, 1999 (11:34am) Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com