EFTA01079507.pdf

United States District Court Southern District of New York Plaintiff, Case No. v. Ghislaine Maxwell, Defendant. NOTICE OF SERVICE OF RULE 45 SUBPOENA UPON DAVID RIGG, AVIATION INSURANCE AGENT 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 Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. A copy of the Subpoena is attached to this Notice. Dated: April 27, 2016 By: /s/ Sigrid McCawley Sigrid McCawley (Admitted Pro Hac Vice) Boies Schiller & Flexner LLP 401 E. Las Olas Blvd., Suite 1200 Ft. Lauderdale. FL 33301 Ellen Brockman Boies Schiller & Flexner LLP 575 Lexington Ave New York New York 10022 EFTA01079507  A() 888 (Rev. 12/13) 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 Plaintiff N. Civil Action No. Ghislaine Maxwell Defendant SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: David Rigg, Aviation Insurance Agent or Records Custodian, Parrish O'Neill & Associates, Inc., 5 W. Gambier St., Suite 200 Mount Vernon, OH 43050 (Name ofperson to whom this subpoena is directed) fif 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: See Schedule A Place: Boles, Schiller & Flexner LLP, 401 E. Las Olas Blvd., Date and Time: #1200, Fort Lauderdale, FL, 33301; 05/17/2016 9:00 am 0 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 of Fed. R. Civ. P. 45 arc 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: 04/26/2016 CLERK OF COURT OR Signature ofClerk or Deputy Clerk i Attorney's signature The name, address, e-mail address, and telephone number of the attorney representing (name ofpony) , 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 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). EFTA01079508 A0 88B (Rev. 12/13) Subpoena to Produce Documents. Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Act No. PROOF OF SERVICE (This section should not befiled with the court unless required by Fed. R. Civ. P. 45.) I received this subpoena for (name ofindividual and title. ifany) on (date) 0 I served the subpoena by delivering a copy to the named person as follows: on (date) ; or 0 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 Printed name and title Server's address Additional information regarding attempted service, etc.: EFTA01079509  AO 88B (Rev. I 2,13) 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) (e) Place of Compliance. (ii) disclosing an uruttained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's (I) For a Trial, Hearing, 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)Specifiting Conditions as an Alternative. In the circumstances (A) within 100 miles of where the person resides, is employed, or described in Rule 45(dX3)(B), the court may. instead of quashing or regularly transacts 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 if the 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 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 (1) 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 of premises at the premises to be inspected. (A) Documents. A person responding to a subpoena to produce documents must produce than as thcy arc kept in the ordinary course of business or (d) 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 Burden 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 form or reams 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 Min 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 pony or attorney who information in more than one form. fails to comply. (I)) Inaccessible Electronically StoredInformation. The person responding need not provide discovery of electronically stored information (2) Command to Produce Sfaterials 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 of undue 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 of Rule (B) Objections. A person commanded to produce documents or tangible 26(bX2XC). 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 forms requested. under a claim that it is privileged or subject to protection as 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, (i) expressly make the claim; and the following rides apply: (it) 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 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 of protection 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 whcrc 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 (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 45(c); produced the information must preserve the information until the claim is (iii) 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). EFTA01079510 David Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. EXHIBIT A DEFINITIONS Wherever they hereafter appear the following words and phrases have the following meanings: I. "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, 2 EFTA01079511 David Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. 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 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 limitations. 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 EFTA01079512 David Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. 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 David Rigg and/or Parrish O'Neill & Associates, Inc. and any employee, agent, attorney, consultant, related entities or other representative. INSTRUCTIONS 1. Production of Documents and items requested herein shall be made at the offices of Boies, Schiller & Flexner LLP, 401 E. Las Olas Blvd., #1200, Fort Lauderdale, FL, 33301; no later than the 20 days set forth in the subpoena. 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 EFTA01079513 David Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. 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 "of' 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 EFTA01079514 David Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. 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 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 6 EFTA01079515 David Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. 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. 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; (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 EFTA01079516 David Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. 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 EFTA01079517 David Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. DOCUMENTS TO BE PRODUCED PURSUANT TO THIS SUBPOENA 1. Any and all flight logs and/or passenger manifests or information relating to passengers, whether in print or electronic form, submitted by pilot Lawrence (Larry) Visoski referring or relating to companies/aircrafts: JEGE, Inc., Aircraft # N908JE (Type B-727-3I); and Hyperion Air, Inc., Aircraft # N909JE (Type G-1159B) or any other companies/aircrafts owned, leased or charted by Jeffrey Epstein, Ghislaine Maxwell or affiliated entitities or corporations from 1999 - present. 2. Any and all flight logs and/or passenger manifests or information relating to passengers, whether in print or electronic form, submitted by pilot David (Dave) Rodgers referring or relating to companies/aircrafts: JEGE, Inc., Aircraft # N908JE (Type B-727-3I); and Hyperion Air, Inc., Aircraft # N909JE (Type G-1159B) or any other companies/aircrafts owned, leased or charted by Jeffrey Epstein, Ghislaine Maxwell or affiliated entitities or corporations from 1999 - present. 3. Any and all flight logs and/or passenger manifests or information relating to passengers, whether in print or electronic form, submitted by pilot Larry Eugene Morrison referring or relating to companies/aircrafts: JEGE, Inc., Aircraft # N908JE (Type B-727-3I); and Hyperion Air, Inc., Aircraft # N909JE (Type G-1159B) or any other companies/aircrafts owned, leased or charted by Jeffrey Epstein, Ghislaine Maxwell or affiliated entitities or corporations from 1999 - present. 4. Any and all flight logs and/or passenger manifests or information relating to passengers, whether in print or electronic form, submitted by pilot Bill Hammond referring or relating to companies/aircrafts: JEGE, Inc., Aircraft # N908JE (Type B-727-31); and Hyperion Air, Inc., Aircraft # N909JE (Type G-1159B) or any other companies/aircrafts owned, leased or 9 EFTA01079518 David Rigg, Aviation Insurance Agent and/or Records Custodian, Parrish O'Neill & Associates, Inc. charted by Jeffrey Epstein, Ghislaine Maxwell or affiliated entitities or corporations from 1999 - present. 5. Any and all flight logs and/or passenger manifests or information relating to passengers, whether in print or electronic form, submitted by pilot Pete Rathgeb referring or relating to companies/aircrafts: JEGE, Inc., Aircraft # N908JE (Type B-727-31); and Hyperion Air, Inc., Aircraft # N909JE (Type G-1159B) or any other companies/aircrafts owned, leased or charted by Jeffrey Epstein, Ghislaine Maxwell or affiliated entitities or corporations from 1999 - present. 6. Any and all flight logs and/or passenger manifests or information relating to passengers, whether in print or electronic form, submitted by pilot Gary Roxburgh referring or relating to companies/aircrafts: JEGE, Inc., Aircraft # N908JE (Type B-727-31); and Hyperion Air, Inc., Aircraft # N909JE (Type G-I 159B) or any other companies/aircrafts owned, leased or charted by Jeffrey Epstein, Ghislaine Maxwell or affiliated entitities or corporations from 1999 - present. 7. Any and all flight logs and/or passenger manifests or information relating to passengers, whether in print or electronic form, submitted by any other pilot, co-pilot or flight engineer referring or relating to companies/aircrafts: JEGE, Inc., Aircraft # N908JE (Type B-727- 31); and Hyperion Air, Inc., Aircraft # N909JE (Type G-1159B) or any other companies/aircrafts owned, leased or charted by Jeffrey Epstein, Ghislaine Maxwell or affiliated entitities or corporations from 1999 - present. I0 EFTA01079519