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JUL 21 ~003 4:11 PM FR HINSHAW & CULBERTSON334 8888 TO 4707~754868~9522 P.03 <br />Richard J. Schieffer <br />Page2 <br />July 21, 2003 <br />less than forty-eight hours before the demanded appearance of the witness and the documents. <br />Mr. Gaffron cannot complete the task your subpoena demands within the time limits set forth. <br />2. Mr. Gaffron has no special or privileged access to the research which your <br />subpoena has demanded. As we discussed. the files and records of the City of Orono are public <br />documents, and you yourself are free to come to the City and to research the documents in order <br />to discover the "examples" which your subpoena seeks. <br />3. Mr. Gaffron and his employer, the City of Orono, are not parties to the <br />above named litigation, and as such have no duty under any applicable Civil Rules to provide <br />discovery documents to you or your client. If Mr. Gaffron is required to do the research <br />commanded by the subpoena) and to testify about it, either he or his employer, the City of <br />Orono, is entitled to reasonable compensation for the time spent by Mr. Gaffron in compiling the <br />requested data. See-Minnesota Rule of Civil Procedure, 45.06. Moreover, the decision <br />whether the City of Orono or Mr. Gaffron is entitled to an award of expenses is not <br />discretionary. Reasonable expenses must be paid as a matter of law. Bowman v. Bowman, 493 <br />N.W. 2d 141 (Ct. of Appeals: 1992). <br />Accordingly, Mr. Gaffron will not complete the work or document identification and <br />selection commanded by your subpoena, and will seek from the Special Master an award of <br />reasonable compensation, if the Special Master requires hini to further respond to the subpoena. <br />Attachment <br />l210776G~vl 026