giuffre-maxwell
gov.uscourts.nysd.447706.363.14
2 pg
…protective order, regarding subpoena served on non party law firm Boies
Schiller: The subpoena, as to the law firm, is quashed
As to the "Jane Doe #3" subpoena: The motion is granted as to request #9, 17, 18, 20 and…
giuffre-maxwell
gov.uscourts.nysd.447706.503.0
21 pg
…79 - h ("Section 79-h") . Upon the conclusions
se t forth below, the motion of Churcher is granted, and the
Subpoena is quashed .
I. Prior Proceedings
On June 4, 2016 , Churcher was served with the Subpoena
commandi ng her to…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.33
3 pg
…Schiller & Flexner LLP ' s Motion to Quash Subpoena is
GRANTED. The subpoena to Boies, Schiller & Flexner LLP is quashed in its entirety.
2. Non-Party Jane Doe No. 3 's Motion to Quash Subpoena or For Protective Order is
Denied…
giuffre-maxwell
gov.uscourts.nysd.447706.440.1
21 pg
…Section 79-h"). Upon the
the conclusions
below, the motion of Churcher is
set forth below, is granted,
granted, and the
quashed.
Subpoena is quashed.
I. Prior
I. Prior Proceedings
…
giuffre-maxwell
gov.uscourts.nysd.447706.218.0
25 pg
…the
Information Sought by the Subpoena ........................................... 15
II. THE SUBPOENA SHOULD ALSO BE QUASHED UNDER RULE 45 FOR
FAILURE TO ALLOW A REASONABLE TIME FOR COMPLIANCE
AND IMPOSING AN UNDUE BURDEN ..........…
giuffre-maxwell
gov.uscourts.nysd.447706.363.6
15 pg
…and Defendant’s threats and intimidation, it would be both
unreasonable and oppressive to require this non-party to comply with this subpoena duces tecum.
Accordingly, Defendant’s subpoena should be quashed. See Exhibit 6, Defendant’s Subpoena to
Jane…
giuffre-maxwell
gov.uscourts.nysd.447706.1206.13
22 pg
…charges.
That is the lesson of United States v. Oshatz, in which this Court quashed a government
subpoena issued to a court reporter for a transcript of a deposition offered by the defendant in a
civil proceeding. 700 F. Supp…
giuffre-maxwell
gov.uscourts.nysd.447706.1328.41
31 pg
…Remarkably, Dershowitz fails to note that same documents he seeks
here (to use in the next installment of his media campaign) are the exact type of documents that
Judge Lynch quashed from Dershowitz’s subpoena he served on Ms. Giuffre…
giuffre-maxwell
gov.uscourts.nysd.447706.1328.31
13 pg
…Const. amend. IV.
9
Case 1:15-cv-07433-LAP Document 1328-31 Filed 01/05/24 Page 11 of 13
about privacy. (This Court quashed those subpoenas, see June 23, 2016, Minute Entry).
Defendant cannot argue to the…
giuffre-maxwell
gov.uscourts.nysd.447706.363.13
15 pg
…on Plaintiff’s claims. The Shield Law protects
such information and the Subpoena should be quashed.
ARGUMENT
Notwithstanding the assertions of Maxwell’s counsel that she is not seeking
newsgathering materials protected by the Shield Law, the Response makes unambiguously…
giuffre-maxwell
gov.uscourts.nysd.447706.406.0
31 pg
…Remarkably, Dershowitz fails to note that same documents he seeks
here (to use in the next installment of his media campaign) are the exact type of documents that
Judge Lynch quashed from Dershowitz’s subpoena he served on Ms. Giuffre…
giuffre-maxwell
gov.uscourts.nysd.447706.78.0
30 pg
…Ordered that Ms. Giuffre’s
deposition in that matter be kept confidential and filed only under seal. Judge Lynch issued a
protective order sealing the deposition and quashed portions of the subpoena. See McCawley Decl.
at Exhibit 6, January 12…
giuffre-maxwell
gov.uscourts.nysd.447706.1330.15
43 pg
…R. Civ. P. 37(a)(l).
A party contending that a subpoena should be quashed pursuant to Rule 45(c) (3)(A)(iv)
must demonstrate that compliance with the subpoena would be unduly burdensome." Bridgeport
Music Inc. v. UMG Recordings…
giuffre-maxwell
gov.uscourts.nysd.447706.205.0
7 pg
…but rather only “identifying information associated with the
subscriber as well as the usage information of each account for certain time periods.”).
This subpoena should also be quashed because all relevant materials have already been
produced by counsel for Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.13
15 pg
…on Plaintiff’s claims. The Shield Law protects
such information and the Subpoena should be quashed.
ARGUMENT
Notwithstanding the assertions of Maxwell’s counsel that she is not seeking
newsgathering materials protected by the Shield Law, the Response makes unambiguously…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.22
31 pg
…Remarkably, Dershowitz fails to note that same documents he seeks
here (to use in the next installment of his media campaign) are the exact type of documents that
Judge Lynch quashed from Dershowitz’s subpoena he served on Ms. Giuffre…
giuffre-maxwell
gov.uscourts.nysd.447706.222.0
10 pg
…his objections and reservations of rights known to plaintiff’s counsel
from the outset.
4
ARGUMENT
I. The Subpoena Should Be Quashed Because Requiring Mr. Epstein
to Submit to a Deposition Would Impose an Undue Burden
Under Rule 45…
giuffre-maxwell
gov.uscourts.nysd.447706.263.0
14 pg
…on Plaintiff’s claims. The Shield Law protects
such information and the Subpoena should be quashed.
ARGUMENT
Notwithstanding the assertions of Maxwell’s counsel that she is not seeking
newsgathering materials protected by the Shield Law, the Response makes unambiguously…
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