EFTA01079522.pdf

United States District Court Southern District of New York Plaintiff, Case No. v. Ghislaine Maxwell, Defendant. NOTICE OF SERVICE OF RULE 45 SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECFS OR TO PERMIT INSPECTION OF PREMISES UPON JEAN LUC BRUNEL PLEASE TAKE NOTICE THAT, pursuant to Rule 45 of the Federal Rules of Civil Procedure, Plaintiff, hereby provides Notice of Service of Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises upon Jean Luc Brunel. A copy of the Subpoena is attached to this Notice as Exhibit A. Dated: February 16, 2016 By: /s/ Sigrid McCawley Sigrid McCawley (Admitted Pro Hac Vice) Boles Schiller & Flexner LLP 401 E. Las Olas Blvd., Suite 1200 Ft. Lauderdale, FL 33301 David Boies Boles Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 Ellen Brockman Boies Schiller & Flexner LLP 575 Lexington Ave New York, New York 10022 EFTA01079522  CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 16, 2016,1 served the foregoing document on the individuals identified below via email. Laura A. Menninger, Esq. HADDON, MORGAN & FOREMAN, P.C. 150 East 10th Avenue Denver. Colorado 80203 Tel: Fax: Email /s/ Sigrid S. McCawley Sigrid S. McCawley EFTA01079523  AO 118B (Rev. 02114) Subponta to Produce Documents, litionnation. or Objects or to Permit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of New York v. Civil Action No. Ghislaine Maxwell Dejeadani SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: JEAN LUC BRUNEL, do Joe Titone, 621 South East 5th Street, Pompano Beach, Florida 33060 (Name ofperson to whom this subpoena is directed) IS 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: PLEASE SEE ATTACHED EXHIBIT A. Place: Boles, Schiller & Flexner LLP I Date and Time: 575 Lexington Avenue 03/01/2016 9:00 am New York, NY 10022 0 Inspection ((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 of Fed. 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: 02/16/2016 CLERK OFCOURT OR Signature ((Clerk or Deputy Clerk Attorney's St,tillitirC The name, address, c-mail address, and telephone number of the attorney representing Monte ofparty) , who issues or requests this subpoena, are: Sigrid S. McCawley, BSF, LLP, 401 E Las Olas Blvd, #1200. 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 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(a)(4). EFTA01079524 AO 813B (Rev. 02114) Subpocna to Produce Documcnts, Inliwmation. or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) I received this subpoena for (name ofindividual and lide. if ono on Mato O I served the subpoena by delivering a copy to the named person as follows: on (due) ; or CI 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 My fees are $ for travel and $ for services, for a total of S 0.00 I declare under penalty of perjury that this information is true. Date: Server's signature Primed name and tide Server's address Additional information regarding attempted service, etc.: EFTA01079525  AO 88B (Rev. 02'14) Subpoena to Produce Documents, Information. 01 Objects or to Permit Inspection of Premises in a Cisil Action(Page 3) Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13) (e) Place of Compliance. (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's (I) Fora Trial. Mating. or Deposition. A subpoena may command a study that etas not requested by a party. person to attend a trial. hearing. or deposition only as follows: (C)SpeciBing Conditions as an Alternative. In the circumstances (A) within IOU miles or where the person resides. is employed. or described in Rule 45(d)(3)(D), the court may. instead of quashing or regularly transacts business in person: or modifying a subpoena. order appearance or production under specified (R) within the mate where the person resides, is employed. or regularly conditions if the serving party: transacts business in person. if the person (i) shoos a substantial need for the testimony or material that cannot be (I) is a party or a party's officer: or othentise met without undue hardship: and OD is commanded to attend a trial and would not incur substantial (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 Inducing documents Of electronically stood employed, or regularly transacts business in person: and information: (14) inspection of premises at the premises to he inspected. (A)Document3. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or (d) Protecting a Person Subject to a Subpoena; Enforcement. must organite and label them to conespond to the categories in the demand. (13) Form far Producing Electronically Stored Information Nor Specified (I) el wilding Undue Burden or Evvense; Sattnitms. A party or attorney If a subpoena does not specify a form thr producing electronically stored responsible for issuing and serving a subpoena must take reasonable steps information. the person responding must produce it in a Mon or forms in to avoid imposing undue burden or expense on a person subject to the which it is ordinurily maintained or in a reasonably usable form or forms. subpoena. The court for the district where compliance is required must (C) ElectronicallyStoredInformation 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 %dm information in more than one form. fails to comply. (I)) Inaccessible Electronically Stored Infotwunion. The person responding need not provide discovery ofeketronically stored information (2) Command to Prodace Materials or Permit Mycelium 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 intonnation, 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 of undue burden or cost. If that showing is production or inspection unless also commanded to appear for a deposition, made. the own 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 264b)(2)(C). .fhe coon may specify conditions Mr 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 forms requested. under a claim that it is privileged or subject to protection 11S trial preparation The objection must be served before the earlier of the time specified for material must: compliance or 14 days after the subpoena is served. If an objection is made. II) expressly make the claim: and the following rule:: 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 is required kw an privileged or protected. will enable the parties to assess the order compelling production or inspection. (B)Mfinwtation Produced. If information produced in response to a (ii) Tese acts may be required only as directed in the order. and the subpoena is subject to a claim ofprivilege or of protection older must protect a person who is neither a party nor a pry's officer from trialsprermation 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 mum. sequester. or destroy the specified (3) Quashing or .Modifying a Subpoena. infinmation 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 resolt al: must take reasonable steps to retrieve the compliance is required must quash or modify a subpoena that: information if the Forty disclosed it before being notified: and may promptly (i) fails to allow a reasonable time to comply: present the inhumation under seal to the court fir the district where (ii)requires a person to comply beyond the geographical limits compliance is required for a determination of the claim. The person who specified in Ride 45(e); produced the infomation mad preserve the information until the claim is (iii) requires disclosure of privileged or other protected matter. if no resolved. exception or waiver applies: or (iv) subjects a person to undue burden. (g) Contempt. (B) /Men Permitted. To protect a person subject tour affected by a The coon liar the district where compliance is required—and also. after a subpoena. the court for the district where compliance is required may. on motion is Kama:mit the issuing court—may hold in contempt a person motion. quash or 1110(li ry the subpoena if it requires: who, hating been served, fails without adequate mum to obey the (i) disclosing a trade secret or other confidential research. subpoena or at order related to it. development, or commercial information: or For access to subpoena matords. see Fed ('iv. P. 45(4) Committee Note (2013). EFTA01079526 TO: JEAN LUC BRUNEL EXHIBIT A 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. "Defendant" shall mean the defendant Ghislaine Maxwell and her employees, representatives or agents. 4. "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, contracts, offers, agreements, reports, objects, tangible things, work papers, transcripts, minutes, reports and recordings of telephone or other conversations or communications, or of interviews EFTA01079527 TO: JEAN LUC BRUNEL EXHIBIT A 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, film negatives, film slides, memory sticks, 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, telecopies, 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 of Evidence, 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 of not 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. 5. "Employee" includes a past or present officer, director, agent or servant, including any attorney (associate or partner) or paralegal. 6. "Including" means including without limitations. 7. "Jeffrey Epstein" includes Jeffrey Epstein and any entities owned or controlled by Jeffrey Epstein, any employee, agent, attorney, consultant, or representative of Jeffrey Epstein. 8. "Ghislaine Maxwell" includes Ghislaine Maxwell and any entities owned or controlled by Ghislaine Maxwell, any employee, agent, attorney, consultant, or representative of Ghislaine Maxwell. EFTA01079528 TO: JEAN LUC BRUNEL EXHIBIT A 9. "Person(s)" includes natural persons, proprietorships, governmental agencies, corporations, partnerships, trusts, joint ventures, groups, associations, organizations or any other legal or business entity. 10. "You" or "Your" hereinafter means Jean Luc Brunel and any employee, agent, attorney, consultant, related entities or other representative of Jean Luc Brunel. INSTRUCTIONS 1. Production of documents and items requested herein shall be made at the offices of Boies Schiller & Flexner, LLP, 575 Lexington Avenue, New York, New York. 2. Unless indicated otherwise, the Relevant Period for this Request is from 1996 to the present. A Document should be considered to be within the relevant time 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. 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" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope hereof any EFTA01079529  TO: JEAN LUC BRUNEL EXHIBIT A 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 herein, 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 MI. 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. "Identify" 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 address, business telephone number 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 any "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 EFTA01079530 TO: JEAN LUC BRUNEL EXHIBIT A 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 of all 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. If 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 circumstances under which it ceased to exist; and (t) 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. EFTA01079531 TO: JEAN LUC BRUNEL EXHIBIT A 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; (t) 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. 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 identify the litigation in connection with which the Document and the information it contains was obtained and/or prepared. 21. Plaintiff does not seek and does not require the production of multiple copies 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 EFTA01079532 TO: JEAN LUC BRUNEL EXHIBIT A responsive to this Request, you are required to so state by supplementing your responses and producing such additional Documents to Plaintiff. DOCUMENTS TO BE PRODUCED PURSUANT TO THIS SUBPOENA 1. All video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media taken that relate to: (1) Alan Dershowitz; (2)M (3) Alan Dershowitz in the presence o and (4) Alan Dershowitz in the presence of Jeffrey Epstein and and/or any female agent or employee of Jeffrey Epstein. 2. All video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media taken that relate to: (1) Ghislaine Maxwell; (2) Ghislaine Maxwell in the presence o-3) Ghislaine Maxwell in the presence of Jeffrey Epstein and and/or any female agent or employee of Jeffrey Epstein; and (4) Ghislaine Maxwell in the presence of any female under the age of eighteen (18) years old. 3. All video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media taken that relate to: (1) Jeffrey Epstein; (2) Jeffrey Epstein in the presence o irid (3) Jeffrey Epstein in the presence of any female under the age of eighteen (18) years old. 4. All video tapes, audio tapes, photographs, including film negatives, film slides, CD's, or any other print or electronic media taken that relates tonnill.n 5. All documents that relate to: (1) Alan Dershowitz; ( (3) Alan Dershowitz in the presence ( Ind (4) Alan Dershowitz in the presence of Jeffrey Epstein and/or any female agent or employee of Jeffrey Epstein. EFTA01079533  6. All documents relating to models or females that you employed who also worked for or interacted with Jeffrey Epstein or Ghislaine Maxwell. 7. All documents relating to Jeffrey Epstein from 1996 — present. 8. All documents relating to Ghislaine Maxwell from 1996 — present. 9. All documents relating to communications with any of the following individuals from 1999 — present 10. All video tapes, audio tapes, photographs or any other print or electronic media taken at a time when you were with Jeffrey Epstein or Ghislaine Maxwell. 11. All video tapes, audio tapes, photographs or any other print or electronic media taken at a time when you were at, or nearby, Jeffrey Epstein or Ghislaine Maxwell's residences, hotel rooms/suites, automobiles, or aircraft. 11. All documents relating to your travel from the period of 19% - 2008, when that travel was either with Ghislaine Maxwell or Jeffrey Epstein, or to meet Ghislaine Maxwell or Jeffrey Epstein, including but not limited to commercial flights, helicopters, passport records, records indicating passengers traveling with you, hotel records, and credit card receipts. 12. All documents relating to payments made from Jeffrey Epstein, Ghislaine Maxwell, or any related entity to you from 1996 — present. 13. All documents relating to or describing any work you performed with Jeffrey Epstein, Ghislaine Maxwell, or any affiliated entity from 1996 — 2008. 14. All documents relating to any credit cards used that were paid for by Jeffrey Epstein, Ghislaine Maxwell, or any related entity from 1996 — present. 15. All telephone records associated with you, including cell phone records, from 1996 — present, that show any communications with either Jeffrey Epstein or Ghislaine Maxwell. EFTA01079534  16. All documents relating to calendars, schedules or appointments for you from 1996 — 2008 that relate to visits with, or communications with, either Jeffrey Epstein or Ghislaine Maxwell. 17. All documents identifying any individuals to provided a whor l massage. 18. All documents relating to any employee lists or records associated with you, Jeffrey Epstein, Ghislainc Maxwell, or any related entity. EFTA01079535