EFTA00596572.pdf

EXHIBIT D EFTA00596572 U7/1U/ZULU 14:Z1 YAA 5alUb4b610 SEARCY VENNEI IQUIWUJA IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACI I COUNTY, FLORIDA CASE NO: b02009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, v. SCOT F ROTHSTEIN, Individually. BRRILIVY J. EDWARDS, individually, anCi M., individually, Defendants. DEFENDANT BRADLEY J. EDWARDS'S MOTION TO APPOINT COMMISSIONER Defendant, Bradley J. Edwards, files this Motion to Appoint Commissioner and states: 1. Defendant wishes to depose the Records Custodian of The New York Daily ti6-. News around July 31 , 2010 in New York, NY. The deposition duces tecum notice for this witness is attached to this Motion. 2. New York law does not authori7e the issuance of a subpoena for the taking of a deposition unless a commission has been appointed. Accordingly, the defendant moves for the appointment of Metro Attorney Service, Inc., 305 Broadway, 141° Floor, NeW York, NY 10007 as the commissioner to take the deposition duces tecum of the Rocords Custodian of The New York Daily News. WHEREFORE, Defendant, Bradley J. Edwards, respectfully requests that this Honorable Court grant his Motion to Appoint Commissioner. EFTA00596573  - 1. 07/19/2010 A4:22 FAX 5616848816 SEARCY VENNhY CERTICATE OF $ERVICE ! I HEREBY CERTIFY that on July 11112010 a copy of the foregoing has been sewed via U.S. Map and small transmittal to all those on the attached service list figg Jack Scarola Seamy, Denney, Scarola, Barnhart & Shipley 2139 Palm Beach Lakes Blvd West Palm Beach, FL 33409 (561) 686-6300 (561 16 By: (fax)/Co-42- JAC 0 F Bar No.: 169440 SERVICE LIST Robert D. Critton, Jr. !RAMAN, CRI1TON, et al. 303 Banyan Boulevard, Suite 400 West Palm Beach, FL 33401 Jack Nan Goldberger, Esq. Attprbury Goldberger et al. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 Goy M. Fanner, Jr. Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, M. 425 N. Andrews Ave., Suite 2 Fott Lauderdale, FL 33301 2 EFTA00596574 VI/III/ZULU 14:Z2 FAA 6016045610 Wal0.4 llISNNtZ NOVUO/U10 IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA I CASE NO: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, v. , Si TTty ROTHSTEIN, individually. B J. EDWARDS, individually, and ., individually, ! Defendants. I NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that Defendant, Bradley Edwards. will take the I .. de?osttion duces tecum (See attached Exhibit 'A") of: NAME DATE AND PLACE OF TAKING DEPOSITON TIME ReCords Custodian US Legal Support NeW York Daily News Aufroar shzeio 1 Penn Piz, #1410 cid Legal Department 9:00A.AL. New York, NY 10119-1410 Attn: Anne Carnal Phone: (212) 759-6014 450, West 33rd Street New York, NY 10001 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 New York. The oral examination will continue from day to day until completed. The depositions are begig taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court. EFTA00596575 U7/1U/ZULU 14:Z3 FAS 5U1U845S16 SEARCY DENNEY VOUUT/Ull CERTICATE OF SERVICE I HEREBY CERTIFY that on July 2010 a copy of the foregoing has been 4-17- seqied via U.S. Mail and email transmittal to all those on the attached service list. Jack Scarola Searcy, Denney, Scarola, Barnhart & Shipley 2139 Palm Beach Lakes Blvd West Palm Beach, FL 33409 (561) 686-6300 (561) 616 (fax) BY: ARGLA Bar No.: 169440 cc:i US Legal (via email) SERVICE LIST Robert D. Critton, Jr. BURMAN, CRITTON, et al. 303 Banyan Boulevard, Suite 400 West Palm Reach, FL 33401 Jack Alan Goldberger, Esg. Atterbury Goldberger et al. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 Gary M. Fanner, Jr. Farmer, Jaffe, Weissing, EdWards, Fistos & Lehrman,. 425 N. Andrews Ave., Suite Fort Lauderdale, FL 33301 2 EFTA00596576 O7/19/201U 14:23 FAS 531157PM15 bLAMA Viscuusx Vic AI...WW1 Exhibit "A" — DUCES TECUM All taped conversations between George Rush and Jeffrey Epstein, including telephone recordings, all emails to and from Jeffrey Epstein or someone representing themselves to bo Jeffrey Epstein. This request includes the 22 mtuto taped conversation that has already been identified between George Rush and Jeffrey Epstein as well as the transcript of that tape. 1 3 EFTA00596577 Vf/IV/GlitU 14:L4 lA1 0010010010 JMANt.1 unAnrx wuvw/Vau IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, v. SCOTT ROTHS1 UN, individually. BRibillIF Y J. EDWARDS, individually, and M., individually, Defendants. SUBPOENA DUCES TECUM FOR DEPOSITION THE STATE OF FLORIDA TO: Records Custodian New York Daily News, do Legal Department Attn: Anne Carrel 450, West 33rd Street New York, NY 10001 YOU ARE COMMANDEllito appear at US Legal fi itorl, 1 Ponn Plz, #1410, New York,INY 10119-1410, on Ally g l, 2010 © 940 _ ., and to have with you at that time and place the following: All taped conversations between George Rush and Jeffrey Epstein, including telephone recordings, all emails to and from Jeffrey Epstein or someone representing themselves to be Jeffrey Epstein. This request Includes the 22 minute taped conversation that has already been identified between George Rush and Jeffrey Epstein as well as the transcript of that tape. If you fail to appear, you may be in contempt of court_ You are subpoenaed by the attorney whose name appears on this subpoena and unless excused from this subpoena by the attorney or the Court, you shall respond to this subpoena as directed. Dated July // IL - , 2010 By. carola, Esq. THE COURT Searcy, Denney, Scarola, Barnhart & Shipley 2139 Palm Beach Lakes Blvd West Palm Beach, FL 33409 (561)686-0300 EFTA00596578