EFTA00615532.pdf
PDF not loading? Open directly | View extracted text
đź“„ Extracted Text (1,832 words)
United States District Court
Southern District of New York
Plaintiff, Case No.: 15-cv-07433-RWS
v.
Ghislaine Maxwell,
Defendant.
PLAINTIFF'S NOTICE OF SERVICE OF RULE 45 SUBPOENA FOR DOCUMENTS
UPON DAVID RODGERS (A/K/A DAVE RODGERS)
PLEASE TAKE NOTICE THAT, pursuant to Rule 45 of the Federal Rules of Civil
Procedure, Plaintiff, hereby provides Notice of Service of Subpoena upon
David Rodgers (a/k/a Dave Rodgers). A copy of the Subpoena is attached to this Notice.
Dated: February 14, 2017
ROTES, SCHILLER & FLEXNER LLP
By: /s/ Sigrid McCawlev
Sigrid McCawley (Pro Hac Vice)
Meredith Schultz (Pro Hac Vice)
David Boies
Bradley J. Edwards (Pro Hac Vice)
loor
FARMER, JAFFE, WEISSING,
EFTA00615532
Paul G. Cassell (Pro Hac Vice)
S.J. Quinney College of Law
II=
1 This daytime business address is provided for identification and correspondence purposes only
and is not intended to imply institutional endorsement by the University of Utah for this private
representation.
EFTA00615533
AO 8813 (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
for the
Southern District of New York
Plainte
v. Civil Action No. 15-cv-07433-RWS
Ghislaine Maxwell
Defendant
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To: David N. Rodgers,
do Bruce Reinhart, McDonald Hopkins LLC,
(Name ofperson to whom this subpoena is directed)
ye Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
material: All flight logs for any and all aircrafts, including charter flights, relating to Jeffrey Epstein and/or Ghislaine
Maxwell for the period covering July 1, 1991 through the present Of not duplicative of previous production).
Place. Boles, Schiller & Flexner LLP Date and Time:
02/24/2017 5:00 pm
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 following provisions ofFed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date: 02/14/2017
CLERK OF COURT
OR
Signature ofClerk or Deputy Clerk
The name, address, e-mail address, and telephone number of the attorney representing (name ofparty)
, who issues or requests this subpoena, are:
Sigrid McCawley Boies, Schiller & Flexner LLP
Notice to the person who Issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the
inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
it is served on the person to whom it is directed. Fed. R. Civ. P. 45(aX4).
EFTA00615534
AO 888 (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
Civil Action No. 15-cv-07433-RWS
PROOF OF SERVICE
(This section should not bellied with the court unless required by Fed. R. Civ. P. 45)
I received this subpoena for (name ofindividual and title, afar&
on (date)
I served the subpoena by delivering a copy to the named person as follows:
on (date) ; or
71 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 the fees for one day's attendance, and the mileage allowed by law, in the amount of
S
My fees are $ for travel and S for services, for a total of $ 0.00
I declare under penalty of perjury that this information is true.
Date:
Server's signature
Printedname and tide
Server's address
Additional infonnation regarding attempted service, etc.:
EFTA00615535
AO 33B (Rev. 02/14) Subpoena to Produce Documents. Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. 00 disclosing an unretained expert's opinion or information that does
not describe specific occurrences in dispute and results from the expert's
(1) For a Trial, !fearing, or Deposition. A subpoena may command a study that was not requested by a party.
person to attend a trial, hearing, or deposition only as follows: (C) Specifying Conditions as an Alternative. In the circumstances
(A) within :00 miles of where the person resides. is employed, or described in Rule 45(d)(3XB), the court may, instead of quashing or
regularly trarnacts business in person; or modifying a subpoena, order appearance or production under specified
(B) within the state where the person resides, is employed, or regularly conditions lithe serving party:
transacts business in person, if the person (i) shows a substantial need for the testimony or material that cannot be
(I) is a party or a party's officer; or otherwise met without undue hardship; and
(ii) is commanded to auend a trial and would not incur suhstantial (ii) ensures that the subpoenaed person will be reasonably compensated.
expense.
(e) Duties in Responding to a Subpoena.
(2) For Other Discovery. A subpoena may command:
(A) production of documents. electronically stored information, or (I) Producing Documents or Electronically StoredInformation. These
tangible things at a place within 100 miles of where the person resides, is procedures apply to producing documents or electronically stored
employed, or regularly transacts business in person; and information:
(B) inspection ofpremises at the premises to be inspected. (A) Documents. A person responding to a subpoena to produce documents
must produce them as they are kept in the ordinary course ofbusiness or
(4) Protecting a Person Subject to a Subpoena; Enforcement. must organize and label them to correspond to the categories in the demand.
(B) Formfor Producing Electronically StoredInformation Not Specified
(1) Avoiding Undue Harden or Expense; Sanctions. A party or attorney If a subpoena does not specify a form for producing electronically stored
responsible for issuing and serving a subpoena must take reasonable steps information, the person responding must produce it in a font or forms in
to avoid imposing undue burden or expense on a person subject to the which it is ordinarily maintained or in a reasonably usable form or forms.
subpoena. The court for the district where compliance is required must (C) Electronically StoredInformation Produced in Only One Form. The
enforce this duty and impose an appropriate sanction—which may include person responding need not produce the same electronically stored
lost earnings and reasonable attorney's fees—on a party or attorney who information in more than one form.
fails to comply. (D) inaccessible Electronically Stored Information. The person
responding need not provide discovery ofelectronically stored information
(2) Command to Produce Materials or Permit Inspection from sources that the person identifies as not reasonably accessible because
(A) Appearance Not Required. A person commanded to produce of undue burden or cost. On motion to compel discovery or for a protective
documents, electronically stored information, or tangible things, or to order, the person responding must show that the information is not
permit the inspection of premises, need not appear in person at the place of reasonably accessible because ofundue burden or cost. If that showing is
production or inspection unless also commanded to appear for a deposition, made, the court may nonetheless order discovery from such sources if the
hearing, or trial. requesting party shows good cause, considering the limitations ofRule
(B)Objections. A person commanded to produce documents or tangible 26(bX2)(C). The court may specify conditions for the discovery.
things or to permit inspection may serve on the party or attorney designated
in the subpoena a written objection to inspecting, copying, testing, or (2) Claiming Privilege or Protection.
sampling any or all of the materials or to inspecting the premises—or to (A) Information Withheld A person withholding subpoenaed information
producing electronically stored information in the form or fonts requested. under a claim that it is privileged or subject to protection as trial-preparation
The objection must be saved before the earlier of the time specified for material must:
compliance or 14 days after the subpoena is served. If an objection is made, (I) expressly make the claim; and
the following rules apply: (II) describe the nature of the withheld documents, communications, or
(i) At any time, on notice to the commanded person, the serving party tangible things in a manner that. without revealing information itself
may move the court for the district where compliance ie required for an privileged or protected, will enable the parties to assess the claim.
order compelling production or inspection. (B) Information Produced If information produced in response to a
(II) These acts may be required only as directed in the order, and the subpoena is subject to a claim ofprivilege or ofprotection as
order must protect a person who is neither a party nor a party's officer from trial-preparation material, the person making the claim may notify any party
significant expense resulting from compliance. that received the information of the claim and the basis for it. After being
notified. a party must promptly return, sequester, or destroy the specified
(3) Quashing or Modifying a Subpoena. information and any copies it has; must not use or disclose the information
(A) When Required On timely motion, the court for the district where until the claim is resolved: must take reasonable steps to retrieve the
compliance is required must quash or modify a subpoena that: information if the party disclosed it before being notified; and may promptly
(I) fails to allow a reasonable time to comply; present the information under seal to the court for the district where
(U) requires a person to comply beyond the geographical limits compliance is required for a daermination of the claim. The person who
specified in Rule 45(c); produced the information must preserve the information until the claim is
(Hi) requires disclosure ofprivileged or other protected matter, if no resolved.
exception or waiver applies; or
(iv) subjects a person to undue burden. (g) Contempt.
(B) When Permitted To protect a person subject to or affected by a The court for the district where compliance is required—and also, after a
subpoena, the court for the district where compliance is required may, on motion is transferred. the issuing court—may hold in contempt a person
motion, quash or modify the subpoena if it requires: who, having been served, fails without adequate excuse to obey the
(i) disclosing a trade secret or other confidential research, subpoena or an order related to it.
development, or commercial information; or
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
EFTA00615536
Southern District of New York
Plaintiff, Case No.: 15-cv-07433-RWS
v.
Ghislaine Maxwell,
Defendant.
PLAINTIFF'S NOTICE OF SERVICE OF RULE 45 SUBPOENA FOR DOCUMENTS
UPON DAVID RODGERS (A/K/A DAVE RODGERS)
PLEASE TAKE NOTICE THAT, pursuant to Rule 45 of the Federal Rules of Civil
Procedure, Plaintiff, hereby provides Notice of Service of Subpoena upon
David Rodgers (a/k/a Dave Rodgers). A copy of the Subpoena is attached to this Notice.
Dated: February 14, 2017
ROTES, SCHILLER & FLEXNER LLP
By: /s/ Sigrid McCawlev
Sigrid McCawley (Pro Hac Vice)
Meredith Schultz (Pro Hac Vice)
David Boies
Bradley J. Edwards (Pro Hac Vice)
loor
FARMER, JAFFE, WEISSING,
EFTA00615532
Paul G. Cassell (Pro Hac Vice)
S.J. Quinney College of Law
II=
1 This daytime business address is provided for identification and correspondence purposes only
and is not intended to imply institutional endorsement by the University of Utah for this private
representation.
EFTA00615533
AO 8813 (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
for the
Southern District of New York
Plainte
v. Civil Action No. 15-cv-07433-RWS
Ghislaine Maxwell
Defendant
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To: David N. Rodgers,
do Bruce Reinhart, McDonald Hopkins LLC,
(Name ofperson to whom this subpoena is directed)
ye Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
material: All flight logs for any and all aircrafts, including charter flights, relating to Jeffrey Epstein and/or Ghislaine
Maxwell for the period covering July 1, 1991 through the present Of not duplicative of previous production).
Place. Boles, Schiller & Flexner LLP Date and Time:
02/24/2017 5:00 pm
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 following provisions ofFed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date: 02/14/2017
CLERK OF COURT
OR
Signature ofClerk or Deputy Clerk
The name, address, e-mail address, and telephone number of the attorney representing (name ofparty)
, who issues or requests this subpoena, are:
Sigrid McCawley Boies, Schiller & Flexner LLP
Notice to the person who Issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the
inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
it is served on the person to whom it is directed. Fed. R. Civ. P. 45(aX4).
EFTA00615534
AO 888 (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
Civil Action No. 15-cv-07433-RWS
PROOF OF SERVICE
(This section should not bellied with the court unless required by Fed. R. Civ. P. 45)
I received this subpoena for (name ofindividual and title, afar&
on (date)
I served the subpoena by delivering a copy to the named person as follows:
on (date) ; or
71 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 the fees for one day's attendance, and the mileage allowed by law, in the amount of
S
My fees are $ for travel and S for services, for a total of $ 0.00
I declare under penalty of perjury that this information is true.
Date:
Server's signature
Printedname and tide
Server's address
Additional infonnation regarding attempted service, etc.:
EFTA00615535
AO 33B (Rev. 02/14) Subpoena to Produce Documents. Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. 00 disclosing an unretained expert's opinion or information that does
not describe specific occurrences in dispute and results from the expert's
(1) For a Trial, !fearing, or Deposition. A subpoena may command a study that was not requested by a party.
person to attend a trial, hearing, or deposition only as follows: (C) Specifying Conditions as an Alternative. In the circumstances
(A) within :00 miles of where the person resides. is employed, or described in Rule 45(d)(3XB), the court may, instead of quashing or
regularly trarnacts business in person; or modifying a subpoena, order appearance or production under specified
(B) within the state where the person resides, is employed, or regularly conditions lithe serving party:
transacts business in person, if the person (i) shows a substantial need for the testimony or material that cannot be
(I) is a party or a party's officer; or otherwise met without undue hardship; and
(ii) is commanded to auend a trial and would not incur suhstantial (ii) ensures that the subpoenaed person will be reasonably compensated.
expense.
(e) Duties in Responding to a Subpoena.
(2) For Other Discovery. A subpoena may command:
(A) production of documents. electronically stored information, or (I) Producing Documents or Electronically StoredInformation. These
tangible things at a place within 100 miles of where the person resides, is procedures apply to producing documents or electronically stored
employed, or regularly transacts business in person; and information:
(B) inspection ofpremises at the premises to be inspected. (A) Documents. A person responding to a subpoena to produce documents
must produce them as they are kept in the ordinary course ofbusiness or
(4) Protecting a Person Subject to a Subpoena; Enforcement. must organize and label them to correspond to the categories in the demand.
(B) Formfor Producing Electronically StoredInformation Not Specified
(1) Avoiding Undue Harden or Expense; Sanctions. A party or attorney If a subpoena does not specify a form for producing electronically stored
responsible for issuing and serving a subpoena must take reasonable steps information, the person responding must produce it in a font or forms in
to avoid imposing undue burden or expense on a person subject to the which it is ordinarily maintained or in a reasonably usable form or forms.
subpoena. The court for the district where compliance is required must (C) Electronically StoredInformation Produced in Only One Form. The
enforce this duty and impose an appropriate sanction—which may include person responding need not produce the same electronically stored
lost earnings and reasonable attorney's fees—on a party or attorney who information in more than one form.
fails to comply. (D) inaccessible Electronically Stored Information. The person
responding need not provide discovery ofelectronically stored information
(2) Command to Produce Materials or Permit Inspection from sources that the person identifies as not reasonably accessible because
(A) Appearance Not Required. A person commanded to produce of undue burden or cost. On motion to compel discovery or for a protective
documents, electronically stored information, or tangible things, or to order, the person responding must show that the information is not
permit the inspection of premises, need not appear in person at the place of reasonably accessible because ofundue burden or cost. If that showing is
production or inspection unless also commanded to appear for a deposition, made, the court may nonetheless order discovery from such sources if the
hearing, or trial. requesting party shows good cause, considering the limitations ofRule
(B)Objections. A person commanded to produce documents or tangible 26(bX2)(C). The court may specify conditions for the discovery.
things or to permit inspection may serve on the party or attorney designated
in the subpoena a written objection to inspecting, copying, testing, or (2) Claiming Privilege or Protection.
sampling any or all of the materials or to inspecting the premises—or to (A) Information Withheld A person withholding subpoenaed information
producing electronically stored information in the form or fonts requested. under a claim that it is privileged or subject to protection as trial-preparation
The objection must be saved before the earlier of the time specified for material must:
compliance or 14 days after the subpoena is served. If an objection is made, (I) expressly make the claim; and
the following rules apply: (II) describe the nature of the withheld documents, communications, or
(i) At any time, on notice to the commanded person, the serving party tangible things in a manner that. without revealing information itself
may move the court for the district where compliance ie required for an privileged or protected, will enable the parties to assess the claim.
order compelling production or inspection. (B) Information Produced If information produced in response to a
(II) These acts may be required only as directed in the order, and the subpoena is subject to a claim ofprivilege or ofprotection as
order must protect a person who is neither a party nor a party's officer from trial-preparation material, the person making the claim may notify any party
significant expense resulting from compliance. that received the information of the claim and the basis for it. After being
notified. a party must promptly return, sequester, or destroy the specified
(3) Quashing or Modifying a Subpoena. information and any copies it has; must not use or disclose the information
(A) When Required On timely motion, the court for the district where until the claim is resolved: must take reasonable steps to retrieve the
compliance is required must quash or modify a subpoena that: information if the party disclosed it before being notified; and may promptly
(I) fails to allow a reasonable time to comply; present the information under seal to the court for the district where
(U) requires a person to comply beyond the geographical limits compliance is required for a daermination of the claim. The person who
specified in Rule 45(c); produced the information must preserve the information until the claim is
(Hi) requires disclosure ofprivileged or other protected matter, if no resolved.
exception or waiver applies; or
(iv) subjects a person to undue burden. (g) Contempt.
(B) When Permitted To protect a person subject to or affected by a The court for the district where compliance is required—and also, after a
subpoena, the court for the district where compliance is required may, on motion is transferred. the issuing court—may hold in contempt a person
motion, quash or modify the subpoena if it requires: who, having been served, fails without adequate excuse to obey the
(i) disclosing a trade secret or other confidential research, subpoena or an order related to it.
development, or commercial information; or
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
EFTA00615536