EFTA00606494.pdf

United States District Court Southern District of New York Plaintiff, Case No.: 15-cv-07433-RWS v. Gbislaine Maxwell, Defendant. NOTICE OF SERVICE OF RULE 45 SUBPOENA DUCES TECUM UPON JEFFREY EPSTEIN PLEASE TAKE NOTICE THAT, pursuant to Rule 45 of the Federal Rules of Civil Procedure, Plaintiff, hereby provides Notice of Service of Subpoena upon Jeffrey Epstein. A copy of the Subpoena is attached to this Notice as Exhibit A. MeV -3 Date&-Aprn 2016 By: /s/ Sigrid McCawlev Sigrid McCawley (Admitted Pro Hac Vice) Boles, Schiller & Flexner LLP 401 E. Las Olas Blvd., Suite 1200 Ft. Lauderdale, FL 33301 (954) 356-0011 David Boles Boies, Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 EFTA00606494  A0313A (Rev. 12/13) Subpoena to Testi6. at a Deposition in a Civil Action UNITED STATES DISTRICT COURT for the Southern District ofNew York ) Plaintiff' ) v. ) Civil Action No. 15-CV-07433-RWS Ghislaine Maxwell ) ) Defisidanr . ) SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: JEFFREY EPSTEIN (Name ofperson in whom this subpoena is directed) ITestimony: YOU ARE COMMANDED to appear at the time, date, and place sot forth below to testify at a deposition to be taken in this civil action. If you are an organization, 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: L lace: Boles, Schiller & Flexner LLP, 401 E. Las Olas Blvd., #1200, Fort Lauderdale, FL, 33301; 954-356-0011 Date and Time: 05/23/2016 9:00 am The deposition will be recorded by this method: Vldeography and Stenography I Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the material: PLEASE SEE ATTACHED EXHIBIT A. 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: 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 S. McCawley, BSF, LIP, 401 E. Las 0las Blvd., #1200, Ft. Lauderdale, FL, 33301; 954-356-0011; smccawleva0bsillp.corn Notice to the person who Issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things, 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). EFTA00606495 AO SSA (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action (Page 3) 12/1/13) Federal Rule of Civil Procedure 45 (e), (d), (e), and (g (EITectIve (I) disclosing a trade secret or other confidential research• development. (e) Place of Compliance. or commercial information; or (I) For a Trial, Hearing, or Deposition. A subpoena may command a (ii) disclosing an unretained expert's opinion or information that does person to attend a trial, hearing, or deposition only as follows: not describe specific occurrences in dispute and results from the expert's (A) within 100 miles of where the person resides, is employed, or study that was not requested by a party. regularly transacts business in person: or (C) Specifying Conditions w an Alternative. In the circumstances (B) within the state where the person resides, is employed, or regularly described in Rule 4S(d)(3)(B), the court may, instead of quashing or transacts business in person, if the person modifying a subpoena, order appearance or production under specified (i) is a party or a party's officer; or conditions if the serving party: (II) is commanded to attend a trial and would not incur substantial (I) shows a substantial need for the testimony or material that cannot be expense. otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated. (2) For Other Discovery. A subpoena may command: (A) production of documents. electronically stored information, or (e) Duties la Responding to a Subpoena. tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person: and (I) Producing Documents or ElectronicallyStoredInformadon. These (B) inspection of premises at the premises to be inspected. procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents (d) Protecting a Person Subject to a Subpoena; Enforcement. must produce them as they are kept in the ordinary course of business or (I) Avoiding Undue Burden or Expense; Sanctions. A party or attorney must organize and label them to correspond to the categories in the demand. responsible for issuing and serving a subpoena must take reasonable steps (B) Formfor Producing Electronically Stored Wormation Not Specified. to avoid imposing undue burden or expense on a person subject to the If a subpoena does not specify a form for producing electronically stored subpoena. The court for the disutct where compliance is required must information, the person responding must produce it in a form or forms in enforce this duty and impose an appropriate sanction—which may include which it is ordinarily maintained or in a reasonably usable form or forms. lost earnings and reasonable attorney's fees—on a party or attorney who (C) Electronically StoredInformation Produced in Only One Form. The fails to comply. person responding need not produce the same electronically stored information in more than one fonn. (2) Command to Produce Materials or Permit inspection. (D) Inaccessible Electronically Stored information The person (A)Appearance Not Required. A person commanded to produce responding need not provide discover)• of electronically stored information documents, electronically stored information, or tangible things. or to from sources that the person identifies as not reasonably accessible because permit the inspection of premises. need not appear in person at the place of of undue burden or cost. On motion to compel discovery or for a protective production or inspection unless also commanded to appear for a deposition. order, the person responding must show that the information is not hearing, or trial reasonably accessible because of undue burden or cost. If that showing is (B) Objections. A person commanded to produce documents or tangible made, the court may nonetheless order discovery from such sources if the things or to permit inspection may serve on the party or attorney designated requesting party shows good cause, considering the limitations of Rule in the subpoena a written objection to inspecting, copying, testing, or 26(bX2)(C). The court may specify conditions for the discovery. sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or fauns requested. (2) Calming Privilege or Protection. The objection must be served before the earlier of the time specified for (A) Information Withheld A person withholding subpoenaed information compliance or 14 days after the subpoena is served. If an objection is made, under a claim that it is privileged or subject to protection as trial-preparation the following rules apply: material must: (I) At any time, on notice to the commanded person, the serving party (I) expressly make the claim; and may move the court for the district where compliance is required for an (ii) describe the nature of the withheld documents. communications, or order compelling production or inspection. tangible things in a manner that, without revealing information itself (ii) These acts may be required only as directed in the order, and the privileged or protected, will enable the panics to assess the claim. order must protect a person who is neither a party nor a party's officer from (B) Information Produced. If information produced in response to a significant expense resulting from compliance. subpoena is subject to a claim of privilege or of protection as trial-preparation material. the person making the claim may notify any party (3) Quashing or Modifying a Subpoena 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 (A) When Required On timely motion, the court for the district where information and any copies it has; must not use or disclose the information compliance is required must quash or modify a subpoena that: until the claim is resolved; must take reasonable steps to retrieve the 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 (II) requires a person to comply beyond the geographical limits compliance is required for a determination of the claim. The person who specified in Rule 43(c); produced the information must 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) 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 subpoena or an order related to it. For access to subpoena materials, see Fed. It Civ. F. 45(a) Committee Note (2013). EFTA00606496 Jeffrey Epstein 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. "Plaintiff" in the above captioned action shall mean the plaintiff formerly known as 4. "Defendant" in the above captioned action shall mean the defendant Ghislaine Maxwell and her employees, representatives or agents. 5. "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, 2 EFTA00606497 Jeffrey Epstein EXHIBIT A contracts, offers, agreements, reports, objects, tangible things, work papers, transcripts, minutes, reports and recordings of telephone or other conversations or communications, or of interviews 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, 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. 6. "Employee" includes a past or present officer, director, agent or servant, including any attorney (associate or partner) or paralegal. 7. "Including" means including without limitation. 8. "Jeffrey Epstein" includes Jeffrey Epstein and any entities owned or controlled by Jeffrey Epstein, any employee, agent, attorney, consultant, or representative of Jeffrey Epstein. 3 EFTA00606498 Jeffrey Epstein EXHIBIT A 9. "Ghislaine Maxwell" includes Ghislaine Maxwell and any entities owned or controlled by Ghislaine Maxwell, any employee, agent, attorney, consultant, or representative of Ghislaine Maxwell. 10. "Person(s)" includes natural persons, proprietorships, governmental agencies, corporations, partnerships, trusts, joint ventures, groups, associations, organizations or any other legal or business entity. II. "You" or - Your" hereinafter means Jeffrey Epstein and any employee, agent, attorney, consultant, related entities or other representative of Jeffrey Epstein. INSTRUCTIONS 1. Production of Documents and items requested herein shall be made at the offices of Boies Schiller & Flexner, LLP, 401 East Las Olas Boulevard, Suite 1200, Fort Lauderdale, Florida 33301, no later than five (5) days before the date noticed for Your deposition, or, if an alternate date is agreed upon, no later than five (5) days before the agreed-upon date. 2. Unless indicated otherwise, the Relevant Period for this Request is from 1999 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. 4 EFTA00606499  Jeffrey Epstein EXHIBIT A 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 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 full. 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 5 EFTA00606500 Jeffrey Epstein ENHIBIT A address, business telephone number, e-mail address, 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 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; (c) the identity of all person having knowledge of the 6 EFTA00606501 Jeffrey Epstein EplIBIT A circumstances under which it ceased to exist; and (f) 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. IS. 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; (f) 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. 7 EFTA00606502 Jeffrey Epstein WITBIT A 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 responsive to this Request, You are required to so state by supplementing Your responses and producing such additional Documents to Plaintiff. 8 EFTA00606503  Jeffrey Epstein EXHIBIT A 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 depicting You in the presence of (afida MIS) or Ghislaine Maxwell. 2. All video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media depicting 3. All video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media depicting Ghislaine Maxwell. 4. All video tapes, audio tapes, photographs, including film negatives or film slides, CD's, or any other print or electronic media depicting females under the age of 18 (or purporting to be under the age of 18), including pornographic media, whether commercial or amateur. 5. All Documents or other media (including photographs) describing or depicting nude, or partially nude, females in Your possession, including, but not limited to, all Documents or other media describing or depicting how such photographs were displayed in Your various residences. 6. All Documents relating to 7. All Documents relating to Ghislaine Maxwell, including all Documents related to communications with Ghislaine Maxwell from 1999 — present. 8. All Documents relating to any members of Ghislaine Maxwell's family, including all Documents related to communications with any members of Ghislaine Maxwell's family from 1970 — present. 9. All Documents related to communications with Alan Dershowitz from 1999 — present. 9 EFTA00606504 Jeffrey Epstein EXIJIBIT A 10. All Documents relating to, and all media depicting, any of the following individuals from 1999 — present: Emmy Taylor, Eva Dubin, Glen Dubin, Alan Dcrshowitz, Jean Luc Brunel, (a/k/a and (a/k/a or any females under the age of 18. 11. All Documents relating to any agreements (including by not limited to confidentiality agreements, indemnification agreements, employment agreements, or agreements to pay legal fees) between You Ghislaine Maxwell, whether such agreements are written, verbal, or merely understood among the parties and not otherwise expressed, whether or not such agreements were ever executed or carried out. 12. All Documents relating to any credit cards paid for by You that were used by Ghislaine Maxwell (or any related entity) or from 1999 — present. 13. All telephone records associated with You, including cell phone records, from 1999 — present, that show any communications with Ghislaine Maxwell. 14. All Documents relating to calendars, schedules or appointments for You from 1999 — present that relate to visits with, or communications with, Ghislaine Maxwell and females under the age of 18. 15. All Documents identifying any individuals who provided You a massage. 16. All Documents identifying any individuals who You paid for sexual acts, either with You or with other individuals. 17. All Documents identifying any females recruited by Ghislaine Maxwell for either work, sexual acts, or companionship for You. 18. All Documents relating to any females Ghislaine Maxwell introduced to You. 19. All Documents relating to any females You paid to perform any kind of service, 10 EFTA00606505 Jeffrey Epstein EXIIIBIT A including but not limited to, work as an assistant, a massage therapist, sex worker, or companion. 20. All Documents relating to Your travel from the period of 1999 — present, when that travel was either with Ghislaine Maxwell or another female, or to meet Ghislaine Maxwell or other females, including but not limited to commercial flights, helicopters, passport records, records indicating passengers traveling with You, hotel records, and credit card receipts. 21. All Documents relating to payments You made, whether as cash, stock, real estate, or in-kind, to Ghislaine Maxwell, or any related entity to Ghislaine Maxwell, including the TerraMar Project. 22. All Documents identifying any individuals to whom provided a massage. 11 EFTA00606506