EFTA01113033.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. J Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that pursuant to Fed.R.Civ.P. 34, the undersigned will take the deposition of the following individual on the date, time and location listed below: Deponent Date and Time Location Richard Kahn Friday, Veritext Corp. March 26, 2010 1250 Broadway (4) 10:00 a.m. Suite 2400 NM New York, NY 10001 under oral examination before Veritext Corp., or any other officer authorized by law to take depositions in the State of New York. The oral examination will continue from day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable rules of the court. The deponent is 1 EFTA01113033 further directed to bring with him or her to the deposition documents described in Schedule "A" to the attached subpoena. Dated: March I 2010 Respectfully submit By: art S. Merrnel tein (FL Bar No. 947245) Adam D. Horowitz Bar No. 376980) MERMELSTEIN & HOROWITZ, P.A. Attorneysfor Plaintiffs 18205 Biscayne Blvd., Suite 2218 Miami Florida 33160 Tel: Fax: 2 EFTA01113034  CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true copy of the foregoing has been sent via email transmission, this cif day of March, 2010 to the following: Robert D. Critton, Jr, Esq. Bradley James Edwards Isidro Manuel Garcia Jack Patrick Hill Katherine Warthen Ezell Michael James Pike Paul G. Cassell Richard Horace Willits Robert C. Josefsber 3 EFTA01113035  AO SEA (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of New York Jane Doe No. 2 Plaintiff v. Civil Action No. 08-CV-80119-Marra/Johnson Jeffrey Epstein (If the action is pending in another district, state where: Defendant Southern District of Florida SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: Richard Kahn, ITestimony: 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 that is not a party in this case, 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: Veritext Corp Date and Time: 1250 Broadway, Suite 2400 03/26/2010 10:00 am New York, New York 10001 The deposition will be recorded by this method: Court Reporter Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: See document request attached as Schedule A. 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, are attached. Date: /tarp ; I, Lege CLERK OF COURT OR Signature ofClerk or Deputy Clerk 41;* m{ey's e-.12-4.rjL ngnature The name, address, e-mail, and telephone number of the attorney representing (name ofparty) Jane Doe No. 2 , who issues or requests this subpoena, are: Stuart Mermelst 1 r Blvd., Suite 2218, Miami, FL, 33160, EFTA01113036 AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2) Civil Action No. 08-CV-80119-Marra/Johnson PROOF OF SERVICE (This section should not befiled with the court unless required by Fed. R. Civ. P. 45.) This subpoena for (name ofindividual and title, if any) Richard Kahn was received by me on (date) 0 I served the subpoena by delivering a copy to the named individual as follows: on (date) ; 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 fees for one day's attendance, and the mileage allowed by law, in the amount of 50.00 My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server's :Venire Printed name and title Server's address Additional information regarding attempted service, etc: EFTA01113037  AO 88B (Rev. 06/09) 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), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (d) Duties In Responding to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or (1) Producing Documents or Electronically Stored Information. attorney responsible for issuing and serving a subpoena must take 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 them to correspond to who fails to comply. the categories in the demand. (2) Command to Produce Materials or Permit Inspection. (B) Formfor Producing Electronically StoredInformation Not (A) Appearance Not Required A person commanded to produce Specified. If a subpoena does not specify a form for producing documents, electronically stored information, or tangible things, or electronically stored information, the person responding must to permit 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. (C) Electronically StoredInformation Produced in Only One (B) Objections. A person commanded to produce documents or Form. The person responding need not produce the same tangible things or to permit inspection may serve on the party or electronically stored information in more than one form. attorney designated in the subpoena a written objection to (D) Inaccessible Electronically StoredInformation. 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(b)(2)(C). The or inspection. court may specify conditions for the discovery. (ii) 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: (it) 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 that person resides, is parties to assess the claim. employed, or regularly transacts business in person — except that, (B) Information Produced If information produced in response to a subject to Rule 45(c)(3XB)(iii), the person may be commanded to subpoena is subject to a claim of privilege or of protection as jrial- attend a trial by traveling from 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. (M) requires disclosure of privileged or other protected matter, if After being notified, a party must promptly retum, sequester, or no exception or waiver applies; or destroy the specified information and any copies it has; must not use (iv) subjects a person to undue burden. or disclose the information until the claim is resolved; must take (B) When Permitted. 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. (if) 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 study that was not requested by a party; or who, having been served, fails without adequate excuse to obey the (iii) a person who is neither a party nor a party's officer to incur subpoena. A nonparty's failure to obey must be excused if the substantial 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(cX3XA)(ii). described in Rule 45(c)(3XB), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (1) 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. EFTA01113038  SCHEDULE A DEFINITIONS 1. All documents produced pursuant hereto are to be produced as they are kept in the usual course of business or shall be organized and labeled (without permanently marking the item produced) so as to correspond with the categories of each numbered request hereof. 2. Each draft, final document, original, reproduction, and each signed and unsigned document and every additional copy of such document where such copy contains any commentary, note, notation or any change whatsoever that does not appear on the original or on the copy of the one document produced shall be deemed and considered to constitute a separate document. 3. As used herein, the singular shall always include the plural, and the present tense shall always include the past tense. 4. All references to any Person (as defined below) includes his/her/its employees, agents, servants, subsidiaries, parent company, affiliated company and any other person or entity or Representative (as defined below) acting or purporting to act on behalf or under his/her/its control. 5. "You", "Your" refers to the Person (as defined below) to whom this request is addressed, including his/her/its employees, agents, servants, subsidiaries, parent company, affiliated company, and other persons acting or purporting to act on your behalf, including your representative. 6. "Person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, and other units herein, and shall include, but not be limited to, public or private corporations, partnerships, joint ventures, voluntary or EFTA01113039 unincorporated associations, organizations, proprietorships, trust, estates, governmental agencies, commissions, bureaus, or departments, and the agents, servants and employees of same. 7. "Materials" shall mean all "Documents", "Writings", "Agreements", and Communications" as those terms are defined herein. 8. As used herein, "and" as well as "or" shall be construed disjunctively and conjunctively in order to bring within the scope of this request all responses which might otherwise be construed to be outside its scope. 9. "Document" shall mean letters, correspondence, memoranda, notes, opinions, work papers, charts, reports, ledgers, drawings, plans, specifications, schematics, blueprints, block diagrams, contracts or photographs, and shall include but shall not be limited to, any written, printed, typed or other graphic matter of any kind or nature, all mechanical, magnetic, and electronic sound recordings or transcripts thereof; any microfilm, microfiche, or other reproductions, and any data, information or statistics contained within any data storage modules, tapes, discs or other memory devices or other information retrieval storage systems (including computer-generated reports and printouts) in the possession and/or control of you and/or your counsel or agents, or known by you to exist. It shall also mean all drafts and/or copies of documents by whatever means made. 10. The terms "related", "relating", "reflecting" and "in relation to" shall mean referring to, or having any relationship with whatsoever, or regarding or pertaining to, or comprising, or indicating, or constituting evidence of, in whole or in part. 11. The term "communication" means any oral or written statement, dialogue, colloquy, discussion, or conversation, and also means any transfer of thoughts or ideas between persons by means of documents and includes any transfer of data from one location to another by EFTA01113040 electronic or similar means. 12. The term "representative" means any and all agents, employees, servants, officers, directors, attorneys, or other persons acting or purporting to act on behalf of the person in question. 13. The term "control" means in your possession custody or control or under your direction, and includes in the possession, custody or control of those under the direction of you or your employees, subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, and any person purporting to act on your behalf. 14. The term "ownership" shall mean any interest whether owned or possessed, vested or contingent, partial or full, and whether title is held legally in your name, subsidiary, or other related company and shall include any beneficial interest. 15. The term "statement" shall mean a written statement, signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is substantially a verbatim recital or an oral statement by the person making it and contemporaneously recorded. 16. Privilege. If any document would be required to be produced in response to any request except for the fact that a privilege against production is claimed, set forth for each document: a. its date, title of document (e.g., letter), and length; b. its writer, preparer, sender, and addressee or copies; c. a general description of its subject matter; d. the exact grounds on which the objection to production is based; e. the identity of all persons, in addition to those identified as required by section EFTA01113041  (b), supra, known to you who have seen or had access to the document; and f. identify the person now in possession of the document. 17. Documents no longer in existence or no longer under possession, custody or control. If any document requested herein was at one time in existence and under your possession, custody or control but has been lost, discarded or destroyed or has been removed from your possession, custody or control, with respect to each such document: a. identify and describe such document by date, title and type of document; b. state when each such document was most recently in the possession or subject of your control and what disposition was made of such document, including an identification of the person, if any presently in possession or control of such document; c. state when such document was transferred or destroyed, identify the person who transferred or destroyed such document and the persons who authorized or directed that the document be transferred or destroyed or having knowledge of its transfer or destruction and state the reason such document was transferred or destroyed; and d. identify all persons having knowledge of the contents thereof. 18. Unless otherwise specified, the time period of these requests is 2001-present. EFTA01113042  REQUESTED DOCUMENTS 1. All documents referring or relating to any business or transaction involving Jeffrey Epstein. 2. All documents referring or relating to contracts or agreements between or among you and Jeffrey Epstein. 3. All documents referring or relating to transfers of property or interests in property to or from Jeffrey Epstein. 4. All documents referring or relating to any ownership interest in property of Jeffrey Epstein. 5. All documents referring or relating to any and all trusts, corporations, limited partnerships, partnerships, limited liability companies and any other entities created or existing pursuant to law, in which Jeffrey Epstein owns any stock, membership, share or beneficial interest. 6. All financial statements or documents of Jeffrey Epstein for any period of time from 2005 to present, including, without limitation, any and all balance sheets, credit applications, income statements, cash flow statements, statements of changes in financial position and statements of net worth. 7. All statements for any bank, brokerage or investment account in which Jeffrey Epstein holds any ownership interest or beneficial interest. 8. All documents referring or relating to any investments of Jeffrey Epstein. 9. All documents referring or relating to any hedge fund owned or managed by Jeffrey Epstein. 10. All documents referring or relating to any investment fund owned or managed by Jeffrey Epstein. EFTA01113043