EFTA00622770.pdf

Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 2 of 40 AU SSA (Rcv. 12/B)Sutcoen so Testify ei abeporaiwwiCMIAccra, UNITED STATES DISTRICT COURT for the Southern District ofNew York MOM Plaintiff v. Civil Action No. 15-CV-07433-R1NS Ghislaine Maxwell Defendant SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: JEFFREY EPSTEIN New 73;” at WV; zi :y;;;;.; f TerI imony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization, you must designate one or more officers. directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment: place: Bolos, Schuler CFlexner LLP. 575 Lexin ton Date cod Time: Avenue, Ncw York, NY 10022; 06/14/2016 at 9:00 a.m. L The deposition will to recorded by this moth.od: . Viderography and Stenography IT,(Produerion: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and mast permit inspection, copying, testing, or sampling of the material: PLEASE SEE ATTACHED EXHIBIT A The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule .15(d), relating to your protection as a person subject to a subpoena; and Rub 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences ofnot doing so. Date: 05/13/2016 CLERK OF COURT OR Signature ofClerk or DepayCkrk The name, address, e-mail adoress, and telephone number of rite attorney representing mass of nay) who issues or requests this subpoena, are: ifmrid S. McCawlev, SSP, LLP, 401 E. Las Olas Blvd., 01200, Ft. Lauderdale, FL. 33301; Notice to the person who Issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things, a notice and a copy of the subpoena must be served on each patty in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(3X4). EFTA00622770  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 3 of 40 AQUA (Rcv. 12/11) Sobpocu lo Unify at 2 Deposition in 3 Civil Action (Page 2) Civil Action No. 15-CV47433-RWS PROOF OF SERVICE (This section should not bellied with the court unless required by Fed. R. Clv. P. 45.) received this subpoena for (name ofindividual and title, 'any) on (dole) 0 I served the subpoena by delivering a copy to the named individual as follows: on (doze) ; or CI I returned the subpoena unexecutecl because: 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 the fees for one day's attendance, and the mileage allowed by law, in the amount of My fees arc S for tmvcl and S for services, for a total of S 0.00 I declare under penalty of perjury that this information is true. Date: . . Sewer': signature Printednone and title Server's address Additional information regarding attempted service, etc.. EFTA00622771  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 4 of 40 AO SSA (Rom UM)Subpoena to Thinly v+. a Deposition In a Gird Action(Page 3) Federal Rule of Civil Procedure 45(c), (d), (e), and (g (Effective 12/1/13) (e) Plate of Compliance. (I) disdasing a trade secret or Other confidential research. development, or commercial Infirm:anon; nr (I) For a Trial, Orating, or DepasitIon A subpoena may command a (II) disclosing an 'ordained expert's opinion or information that does person m attend a trial, bearing, or &position only as follows: not describe specific occuirences in dispute and results limn the expert's (A) within :00 miles of %%hem the person resides, is employed, o study that wee net requested by a pasty. regularly WOWS business in person; or (C)SprcifringCOMMIOM as an Alternative. In the circumstances (B) within the state where the person resides, is employed. Or regularly described in Role 4100(3)(B), the count oily. instead of quashing or transacts business in person, if the person modifying a subpoena, ceder appearance or production under specified (i) is a piny or a rety's officer; or conditions if the service party: (IQ is commanded to attend a trial and would not incur substantial (I) shows a substantial need for the testimony or material that camel be expense. otherwise met without undue hardship; and 01/ ensures that the subpoenaed person will tie reasembly compensated. (2) For Other &woven. A subpoena may command: (A) production of docurnaust, elettronkally stored inlbrmation• or O.) Duties In Responding ton Subpoena. tangible things at a place wimht I00 miles of where the person resides, is employed. ot regularly transacts business in person: and (1) Producing Documents or Electronically StoredInformation These (B) inspection of premises at the premises to be inspected. procedures apply to reducing documents or electionically stored Information: (d) Proteding a Person Subject to a Subpoena; Enforcement. (A) Documents. A person responding to a subpoena to produce document: must produce them as they arc kept in the ordinary course of business or ( 0/fro/ding Vadat ThIldell or Rapelue; Sanctions. A party or atterney must organize and label them to correspond to the categotics in the demand. responsible for issuing and serving n subpoena must take reasonable steps (IQ Pannier Producing away:Why StoredInformation Not Sweified to ovoid imposing undue burden or expense on a person sutgert to the, Ifs subpoem does not specify a form for producing electronically stored subpoena. The court for the district where compliance is required must information, the person responding must produce it In a form or fnma in enforce this duly and impose an appropriate sanction—which may include which it is ordinarily maintained or in a reasonably usable forma fonts:. lost earnings and reasonable attorney's fees--on a pasty or attorney who (C) kleetronteolty Storedhionnotion Produced In Only, One Form The fails to comply. person responding need not produce the same electronically taxed information in more than one form. (2) Conuttand to Protium Alaterlats or Pond( IMpeCtIOIL (D) iharcessibk Electrontralfr StoredInfonnation The person (A) Appearance Nor Required A person commanded to produce responding need not provide discovery of electronically stored infOrmitiOn documents, electronically stored informstion, or tangible things, or to lion, sources that the person identifies as not reasonably accessible because permit the inspection of remises, need not appear in person at the place of of undo: burden or cost On motion to compel discovery or for a protective production or inspection unless also commanded to appear for a deposition order, the person responding must show that the information is not hearing, or trial. reasonably eccentric becnose of undue burden or cost if that showing is (B) Objection. A person wininanded to reduce documents or tangible made, the court may nonetheless order discovery from such sourea if the things or to permit impatient may serve on the party or attorney designated requesting poly shows good cause, considering the limitations of Rule in the subpoena a written objection to inspecting, copying, testing, or 26(6)(2)(C). The court may specify conditions for the discovery. sampling my or all of the materials or to inspecting the premises—or to producing alectmniudly gored information in the form or forms requested. (2) aninsIng Privilege orPreterit= The objection must be served before the eat fit, of the time specified (or (A)Informatiott Withheld A person withholding subpoenaed information mamplionce or 14 days alter the subpoena is served. If an objeetion is nude. undo( a claim that it is privileged or subject to protection as triebreparation the following toles apply: material must (i) At any tune, on notice to the commanded person, the serving party m depronly matt rho claim; and may move the court for die district Mime compliance is required tin an (II) describe the Deuxe of the withheld documents, communications, or order compel/log production or inspection. tangible things m a men ner that, without revealing information itself 110 Thew acts may be required only as directed in the order, and the privileged or pereected, will enable the pettier to assess the claim. order must protect a person who is neither n piny nor a party's °flied lion, (I)) Information Produced. If information produced in response to a significant expense resulting from compliance. subpoena is subject to • claim of privilege or of protection as trial-preparethan material, the person making the claim may notify any party (3)Quarhing or blanking a Subpoena. that received the information Of the debit and the basis for it. After being notified, n party must promptly return, sequester, of destroy the specified (A) When Retruitrd. On timely motion, the court for the district where information and nay copies it has; must not use or disclose the in Conner ion compliance is required wont quash or modify a subpoena that: until the claim is method; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly (I) fails to allow a reasonable rime to comply; present the information under seal to the court for the district where (II) requires a person co comply beyond the geographical limits tempiknee is required for a dettimination of the claim. The perm who specified in Rule 45(e); produced the information must preserve We Information until the claim is (iii) requires disclosure ofpnvileged or other protected tortes, i(no irsolved. exception or waiver applies; or (iv) subjects a person to undue boldest. (g) Contempt. (0) When Prvaillord. TO protect a person subject to or affected by u The coon for the district where compliance is required—end also, after n Subpoena the court for the district where compliance is required nay, on motion h transferred, the issuing court—may hold in contempt a person motion, quash or modify die subpoena if it requires: who, having been served, files without adequate excuse to obey the subpoena or an order related to it For areas to suboona toivetish.stt led. It Civ P. 45(n) Conmatee Note (2013). EFTA00622772  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 5 of 40 Jeffrey Epstein EX tIII3IT r► DEFINITIONS Wherever they hereafter appear the following words and phrases have the following meanings: 1. "Agent" shall mean any agent, employee, officer, director, attorney, independent contractor or any other person acting, or purporting to act, at the discretion of or on behalf of another. 2. "Correspondence" or "communication" shall mean all written or verbal communications, by any and all methods, including without limitation, letters, memoranda, and/or electronic mail, by which information, in whatever form, is stored, transmitted or received; and, includes every manner or means of disclosure, transfer or exchange, and every disclosure, transfer or exchange of information whether orally or by Document or otherwise, face-to-face, by telephone, telecopies, e-mail, text, modem transmission, computer generated message, mail, personal delivery or otherwise. 3. 'Plaintiff' in the above captioned action shall mean the plaintiff formerly known asMIMI. 4. "Defendant" in the above captioned action shall mean the defendant Ghislainc Maxwell and her employees, representatives or agents. 5. "Document"shall mean all written and graphic matter, however produced or reproduced, and each and every thing from which information can be processed, transcribed, transmitted, restored, recorded, or memorialized in any way, by any means, regardless of technology or form. It includes, without limitation, correspondence, memoranda, notes, notations, diaries, papers, books, accounts, newspaper and magazine articles, advertisements, photographs, videos, notebooks, ledgers, letters, telegrams, cables, telex messages, facsimiles, 2 EFTA00622773  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 6 of 40 Jeffrey Epstein EXIIIRIT A contracts, offers, agreements, reports, objects, tangible things, work papers, transcripts, minutes, reports and recordings of telephone or other conversations or communications, or ofinterviews or conferences, or of other meetings, occurrences or transactions, affidavits, statements, summaries, opinions, tests, experiments, analysis, evaluations, journals, balance sheets, income statements, statistical records, desk calendars, appointment books, lists, tabulations, sound recordings, data processing input or output, microfilms, checks, statements, receipts, summaries, computer printouts, computer programs, text messages, e-mails, information kept in computer hard drives, other computer drives of any kind, computer tape back-up, CD-ROM, other computer disks of any kind, teletypes, teleamies, invoices, worksheets, printed matter of every kind and description, graphic and oral records and representations of any kind, and electronic "writings" and "recordings" as set forth in the Federal Rules ofEvidence, including but not limited to, originals or copies where originals are not available. Any Document with any marks such as initials, comments or notations of any kind ofnot deemed to be identical with one without such marks and is produced as a separate Document. Where there is any question about whether a tangible item otherwise described in these requests falls within the definition of "Document" such tangible item shall be produced. 6. "Employee" includes a past or present officer, director, agent or servant, including any attorney (associate or partner) or paralegal. 7. "including" means including without limitation. 8. "Jeffrey Epstein" includes Jeffrey Epstein and any entities owned or controlled by Jeffrey Epstein, any employee, agent, attorney, consultant, or representative of Jeffrey Epstein. 3 EFTA00622774  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 7 of 40 Jeffrey Epstein ,EXHIBIT A 9. "Ghislaine Maxwell" includes Ghislaine Maxwell and any entities owned or controlled by Ghislaine Maxwell, any employee, agent, attorney, consultant, or representative of Ghislaine Maxwell. 10. "Person(s)" includes natural persons. proprietorships, governmental agencies, corporations, partnerships, trusts, joint ventures, groups, associations, organizations or any other legal or business entity. II. "You" or "Your" hereinafter means Jeffrey Epstein and any employee, agent, attorney, consultant, related entities or other representative of Jeffrey Epstein. INSTRUCTIONS 1 Production of Documents and items requested herein shall be made at the offices of Soaks Schiller & Flexner, LLP, 401 East Las Olas Boulevard, Suite 1200, Port Lauderdale, Florida 33301, no later than five (5) days before the date noticed for Your deposition, or, if an alternate date is agreed upon, no later than five (5) days before the agreed-upon date. 2. Unless indicated otherwise, the Relevant Period for this Request is from 1999 to the present. A Document should he considered to be within the relevant lime frame if it refers or relates to communications, meetings or other events or Documents that occurred or were created within that time frame, regardless of the date of creation of the responsive Document. 3. This Request calls for the production of all responsive Documents in Your possession, custody or control without regard to the physical location of such Documents. 4. If any Document requested was in Your possession or control, but is no longer in its possession or control, state what disposition was made of said Document, the reason for such disposition, and the date of such disposition. 4 EFTA00622775  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 8 of 40 Jeffrey Epstein RX.KIDTT A 5. For the purposes of reading, interpreting, or construing the scope of these requests, the terms used shall be given their most expansive and inclusive interpretation. This includes, without limitation the following: a) Wherever appropriate herein, the singular form of a word shall be interpreted as plural and vice versa. b) "And" us well as "or" shell be construed either disjunctively or conjunctively as necessary to bring within the scope hereof any information (as defined herein) which might otherwise be construed to be outside the scope of this discovery request. c) "Any" shall be understood to include and encompass "all" and vice versa. d) Wherever appropriate heroin, the masculine form of a word shall be interpreted as feminine and vice versa. e) "Including" shall mean "including without limitation." 6. If You are unable to answer or respond fully to any Document request, answer or respond to the extent possible and specify the reasons for Your inability to answer or respond in full. If the recipient has no Documents responsive to a particular Request, the recipient shall so state. 7. Unless instructed otherwise, each Request shall be construed independently and not by reference to any other Request for the purpose of limitation. 8. The words "relate," "relating," "relates," or any other derivative thereof, as used herein includes concerning, referring to, responding to, relating to, pertaining to, connected with, comprising, memorializing, evidencing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing or constituting. 9. "Identity" means, with respect to any "person," or any reference to the "identity" of any "person," to provide the name, home address, telephone number, business name, business 5 EFTA00622776  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 9 of 40 Jeffrey Epstein EXIffItte A address, business telephone number, e-mail address, and a description of each such person's connection with the events in question. 10. "Identify" means, with respect to any "Document," or any reference to stating the "identification" of auy "Document," provide the title and date of each such Document, the name and address of the party or parties responsible for the preparation of each such Document, the name and address of the party who requested or required the preparation and on whose behalf it was prepared, the name and address of the recipient or recipients to each such Document and the present location of any and all copies of each such Document, and the names and addresses ofall persons who have custody or control of each such Document or copies thereof. 11. in producing Documents, if the original of any Document cannot be located, a copy shall be produced in lieu thereof; and shall be legible and bound or stapled in the same manner as the original. 12. Any copy of a Document that is not identical shall be considered a separate Document. 13.1f any requested Document cannot be produced in full, produce the Document to the extent possible, specifying each reason for Your inability to produce the remainder of the Document stating whatever information, knowledge or belief which You have concerning the portion not produced. 14. if any Document requested was at any one time in existence but are no longer in existence, then so state, specifying for each Document (a) the type of Document; (b) the types of information contained thereon; (c) the date upon which it ceased to exist; (d) the circumstances under which it ceased to exist; (e) the identity of all person having knowledge of the 6 EFTA00622777  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 10 of 40 Jeffrey Epstein F.XHIBIT A circumstances under which it ceased to exist; and (1) the identity of all persons having knowledge or who had knowledge of the contents thereof and each individual's address. 15. All Documents shall be produced in the same order as they are kept or maintained by You in the ordinary course of business. 16. You are requested to produce all drafts and notes, whether typed, handwritten or otherwise, made or prepared in connection with the requested Documents, whether or not used. 17. Documents attached to each other shall not be separated. 18. Documents shall be produced in such fashion as to identify the department, branch or office in whose possession they were located and, where applicable, the natural person in whose possession they were found, and business address of each Document's custodian(s). 19. If any Document responsive to the request is withheld, in all or part, based upon any claim of privilege or protection, whether based on statute or otherwise, state separately for each Document, in addition to any other information requested: (a) the specific request which calls for the production; (b) the nature of the privilege claimed; (c) its date; (d) the name and address of each author; (e) the name and address of each of the addresses and/or individual to whom the Document was distributed, if any; (f) the title (or position) of its author; (g) type of tangible object, e.g., letter, memorandum, telegram, chart, report, recording, disk, etc.; (h) its title and subject matter (without revealing the information as to which the privilege is claimed); (i) with sufficient specificity to permit the Court to make full determination as to whether the claim of privilege is valid, each and every fact or basis on which You claim such privilege; and (j) whether the Document contained an attachment and to the extent You are claiming a privilege as to the attachment, a separate log entry addressing that privilege claim. 7 EFTA00622778  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 11 of 40 Jeffrey Epstein EXIIMIT A 20. If any Document requested herein is withheld, in all or part, based on a claim that such Document constitutes attorney work product, provide all of the information described in Instruction No. 19 and also identity the litigation in connection with which the Document and the information it contains was obtained and/or prepared. 21. Plaintiffdocs not seek and does not require the production of multiple topics of identical Documents. 22. This Request is deemed to be continuing. If, after producing these Documents, You obtain or become aware of any further information, Documents, things, or information responsive to this Request, You arc required to so state by supplementing Your responses and producing such additional Documents to Plaintiff. 8 EFTA00622779  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 12 of 40 Jeffrey Epstein P.XIIIIRT DOCUMEN'TS TO BB PRODUCED PURSUANT TO THJS SUBPOENA I. All video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media depicting You in the presence of (a/k/a or Ghislainc Maxwell. 2. All video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media depicting 3. MI video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media depicting Ghislaine Maxwell. 4. All video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media depicting females under the age of 18 (or purporting to be under the age of 18), including pornographic media, whether commercial or amateur. 5. All Documents or other media (including photographs) describing or depicting nude, or partially nude, females in Your possession, including, but not limited to, all Documents or other media describing or depicting how such photographs were displayed in Your various residences. 6. All Documents relating to 7. All Documents relating to Ghislaine Maxwell, including all Documents related to communications with Ghislaine Maxwell from 1999 — present. 8. All Documents relating to any members of Ghislaine Maxwell's family, including all Documents related to communications with any members of Ghislaine Maxwell's family from 1970 present. 9. All Documents related to communications with Alan Dcrshowitz from 1999 - present. 9 EFTA00622780  Case 1:15-cv-07433-RWS Document 161-1 Filed 05/25/16 Page 13 of 40 Jeffrey Epstein IX11111IT A 10. All Documents relating to, and all media depicting, any of the following individuals from 1999 — present: , Eva Dubin, Glen Dubin, Alan Dershowitz, Jean Luc Brunel, (a/k/a (a/k/a or any females under the age of 18. 11. All Documents relating to any agreements (including by not limited to confidentiality agreements, indemnification agreements, employment agreements, or agreements to pay legal fees) between You Ghislaine Maxwell, whether such agreements arc written, verbal, or merely understood among the parties and not otherwise expressed, whether or not such agreements were ever executed or carried out. 12. All Documents relating to any credit cards paid for by You that were used by Ghislaine Maxwell (or any related entity) or from 1999 -• present. 13. All telephone records associated with You, including cell phone records, from 1999 present, that show any communications with Ghislaine Maxwell. 14. All Documents relating to calendars, schedules or appointments for You from 1999 present that relate to visits with, or communications with, Ghislaine Maxwell and females under the age of 18. IS. All Documents identifying any individuals who provided You a massage. 16. All Documents identifying any individuals who You paid for sexual acts, either with You or with other individuals. 17. All Documents identifying any females recruited by Ghislaine Maxwell for either work, sexual acts, or companionship for You. 18. All Documents relating to any females Ghislaine Maxwell introduced to You. 19. All Documents relating to any females You paid to perform any kind of service, 10 EFTA00622781  case lab-cv-U/433-HWS Document 161-1 Filed 05/25/16 Page 14 of 40 Jeffrey Epstein EXHIBIT A including but not limited to, work as an assistant, a massage therapist, sex worker, or companion. 20. All Documents relating to Your travel from the period of 1999 — present, when that travel was either with Ghislainc Maxwell or another female, or to meet Ghislaine Maxwell or other females, including but not limited to commercial flights, helicopters, passport records, records indicating passengers traveling with You, hotel records, and credit card receipts. 21. All Documents relating to payments You made, whether as cash, stock, real estate, or in-kind, to Ghislaine Maxwell, or any related entity to Ghislaine Maxwell, including the TerraMar project. 22. All Documents identifying any individuals to whom provided a massage. 11 EFTA00622782