EFTA00728295.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE, CASE NO. 08-CV-80893-CIV-MARRA/JOHNSON Plaintiff, Vs. JEFFREY EPSTEIN, et al. Defendant. Related Cases: 08-80119, 08-80232, 08-80380, 08-80381, 08-80994, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 NOTICE OF TAKING DEPOSITION VIDEO DEPOSITION PLEASE TAKE NOTICE that plaintiff, Jane Doe, will take the video deposition of: NAME DATE AND PLACE OF TAKING DEPOSITON TIME Story Cowles May 12, 2010 US Legal Support South Olive Avenue @ 10:00 AM 444 West Railroad Avenue #201S Suite 300 West Palm Beach, FL West Palm Beach, FL 33401 upon oral examination before US Legal Support, Notary Public, or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court. EFTA00728295  CASE NO: 08-CV-80119-MARRAIJOHNSON CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was served by e-mail on April 15, 2010 to: See attached service list. Bradley J. Edwards Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, PL 425 N. Andrews Ave.. Suite 2 F L d rdale, FL 33301 ax By: BRADLEY..EDWARDS Florida Bar No.: 542075 2 EFTA00728296  CASE NO: 08-CV-80119-MARRALIOHNSON SERVICE LIST Jane Doe v. Jeffrey Epstein United States District Court - Southern District of Florida Jack Alan Goldber er, Esq. Robert D. Critton, Esq. Isidro Manual Garcia Jack Patrick Hill Katherine Warthen Ezell Michael James Pike Paul G. Cassell Richard Horace Willits Robert C. Josefsber Adam D. Horowitz Stuart S. Mermelstein 3 EFTA00728297 AO SYli I Rry ;ram IANtice INK-tertni‘, It format ton or Objects or to IMInspodionotPenises in a ovii .kct,nn UNITED STATES DISTRICT COURT for the Southern District of Florida JANE DOE miming Civil Action No. 08-80893CIV-MARRAJJOHNSO JEFFREY EPSTEIN (lithe adios Is pcntling in another district, stoic here: Defendant ) SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 'ro: Story Cowles, 801 South Okve Avenue, #201S. West Palm Beach, FL 33401 O 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: US Legal Support Date and Time: 444 West Railroad Avenue, Suite 300 05/12/201010:00 am West Palm Beach, FL 33401 O 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. Place: Date and Time: 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, arc attached. Date: 04/15/2010 CLERK OF COURT OR Signature of Clerk or Deputy Ckrk Attorney's signature The name, address, e-mail, and telephone number of the attorney representing (name of party) JANE DOE , who issues or requests this subpoena, are: elssing, et al., 425 North Andrews Avenue, Suite 2. Ft. Lauderdale, FL 33301 INN EFTA00728298  AO RIM (Rev. 04•'09) Subpoena to Prork.me Documents. Inforrnalton. or Objects or to Permit illArlt1107 of Prer11{r ,n a civil Actir rage ') as Ci' it Action No. 08-80893CIV-MARRNJ0HNS0 PROOF OF SERVICE (This section should not bellied wish the court unless required by Fed. R. ay. P. 41) This subpoena for (name of individual and title. if any) was received by me on (dare) O I served the subpoena by delivering a copy to the named person as follows: on (date) ; or El I returned the subpoena unexecuted 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 fees for one day's attendance, and the mileage allowed by law, in the amount of My fees are S for travel and S for services, for a total of S 0.00 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: EFTA00728299  AO !Olt] n(d04: Sub; a to Producc Docurotntr. Informatior. nr Olajeor or 10 Perot, Ifinatlion of Premises in a ('.ail won:Pair 1, Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (d) Dales In Responding to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions A party or (1) Fraiche: Documents or Electronically Stored Information. attorney responsible for issuing and saving a subpoena must lake These procedures apply to producing documents or electronically reasonable steps to avoid imposing undue burden or expense on a stored information: person subject to the subpoena- The issuing court must enforce this (A) Documents. A person responding to a subpoena to produce duty and impose an appropriate sanction — which may include lost documents must produce them as they are kept in the ordinary earnings and reasonable attorney's fees — on a party or attorney course of business or must organize and label than to correspond to who fails to comply. the categories in the demand. (2) Command to Produce Materials or Permit Inspection. (B) Form for Producing Electronically Stored Information Not (A) Appearance Not Required. A person commanded to produce Specillat If a subpoena does not specify a Conn for producing documents, electronically stored information, or tangible things, or electronically stored information, the person responding must to = the inspection of premises, need not appear in person at the produce it in a form or forms in which it is ordinarily maintained or place of production or inspection unless also commanded to appear in a reasonably usable form or forms. for a deposition, hearing, or trial. Electronically Stored Information Producedin Only One (B) Objections. A n commanded to produce documents or The person responding need not produce the same tangible things or to = inspection may serve on the party or eIectroII nically stored information in more than one form. attorney designated in the subpoena a written objection to (D) Inaccessible Electronically Stored Information. The person inspecting, copying, testing or sampling any or all of the materials or responding need not provide discovery of electronically stored to inspecting the premises — or to producing electronically stored information from sources that the person identifies as not reasonably information in the form or forms requested. The objection must be accessible because of undue burden or cost. On motion to compel served before the earlier of the time specified for compliance or 14 discovery or for a protective order, the person responding must show days after the subpoena is served. If an objection is made, the that the information is not reasonably accessible because of undue following rules apply: burden or cost. If that showing is made, the court may nonetheless (I) At any time, on notice to the commanded person, the serving order discovery from such sources if the requesting party shows party may move the issuing court for an order compelling production good cause, considering the limitations of Rule 26(bX2XC). The or inspection. court may specify conditions for the discovery. (11) These acts may be required only as directed in the order, and (2) Claiming Privilege or Protection. the order must protect a person who is neither a party nor a party's (A) Information Withheld A person withholding subpoenaed officer from significant expense resulting from compliance. information under a claim that it is privileged or subject to (3) Quashing or Modifying a Subpoena. protection as trial-preparation material must: (A) When Required. On timely motion, the issuing court must (I) expressly make the claim; and quash or modify a subpoena that: (II) describe the nature of the withheld documents, (i) fails to allow a reasonable time to comply; communications, or tangible things in a manner that, without (II) requires a person who is neither a party nor a party's officer revealing information itself privileged or protected, will enable the to travel more than 100 miles from where thate n n resides, is parties to assess the claim. employed, or regularly transacts business in — except that, (B) Information Produced, If information produced in response to a subject to Rule 45(cX3)(BXiii), the person ommanded to subpoena is subject to a claim of privilege or of protection as trial- attend a trial by traveling front any such place within the state where preparation material, the person making the claim may notify any the trial is held; party that received the information of the claim and the basis for it. (iii) requires disclosure of privileged or other protected matter, if After being notified, a party must promptly return, sequester, or no exception or waiver plies; or destroy the specified information and any copies it has; must not use (iv) subjects a to undue burden. or disclose the information until the claim is resolved; must take (B) When Permit . To protect a person subject to or affected by reasonable steps to retrieve the information if the party disclosed it a subpoena, the issuing court may, on motion, quash or modify the before being notified; and may promptly present the information to subpoena if it requires: the court under seal for a determination of' the claim. The person (I) disclosing a trade secret or other confidential research, who produced the information must preserve the information until development, or commercial information; the claim is resolved. (II) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from (e) Contempt. The issuing court may hold in contempt a person the expert's m.stud y that was not requested by a party; or who, having been served, fails without adequate excuse to obey the (III) a who is neither a party nor a party's officer to incur subpoena. A nonparty's failure to obey must be excused if the substant. expense to travel more than 100 miles to attend trial. subpoena purports to require the nonparty to attend or produce at a (C) Specifying Conditions as an Alternative. In the circumstances place outside the limits of Rule 45(c)(3XAXii). described in Rule 45(eX3)(B), 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. EFTA00728300