090-01.pdf

Case 9:08-cv-80994-KAM Document 90-1 Entered on FLSD Docket 03/12/2010 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CIV -MARRA/JOHNSON· JANE DOE, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. ______________ __,! NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that the Plaintiff, JANE DOE, will take the deposition of Jean Luc Bruhel on Tuesday, September 22, 2009, at 10:00 a.m., at: Esquire Court Reporters One Penn Plaza Suite 4715 New York, NY 10119 The deposition shall be conducted pursuant to the Florida Rules of Civil Procedure and shall continue day to day, weekends and holidays excepted, until completed. I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by U.S. Mail and email transmission this/ /t/!aay of August, 2009 to all those on the attached Service List. 1 Case 9:08-cv-80994-KAM Document 90-1 Entered on FLSD Docket 03/12/2010 Page 2 of 5 cc: Esquire Court Reporters ROTHSTEIN ROSENFELDT ADLER Attorneys for Plaintiff 401 East Las Olas Blvd., Suite 1650 Fort Lauderdale, Florida 33301 Tel: (954) 522-3456 Fax: (954) 527-8663 Email: bedwards@rra-law.com • B~SQ By· Florida Bar No.: 542075 Case 9:08-cv-80994-KAM Document 90-1 Entered on FLSD Docket 03/12/2010 Page 3 of 5 AO SSA (Rev.01/09) Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action UNITED STATES DISTRICT COURT JANE DOE Plaintiff V, JEFFREY EPSTEIN Defendant for the Southern District of Florida ) ) ) ) ) ) Civil Action No. 08-90893CIV-MARRA/JOHNSO (If the action is pending in another district, state where: SUBPOENA TO TESTIFY AT A DEPOSITION OR TO PRODUCE DOCUMENTS IN A CIVIL ACTION To: Jean Luc Bruhel, 301 E. 66th Street, New York, NY ,I Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be take.i 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: Esquire Court Reporters, One Penn Plaza Suite 4715, New York, NY The deposition will be recorded by this method: Date and Time: 09/22/2009 10:00 am □ Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored infonnation, or objects, and permit their inspection, copying, testing, or sampling of the material: The provisions of Ped. 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: CLERK OF COURT OR Signature a/Clerk or Deputy Clerk Attorney's signature The name, address, e-mail, and telephone number of the attorney representing (name of party) ___________________________ , who issues or requests this subpoena, are: Brad Edwards, Esq., Rothstein Rosenfeldt Adler, 401 E. Las Olas Blvd., Suite 1650, Fort Lauderdale, Florida 33301 Bedwards@rra-law.com. (954) 522 2346 Case 9:08-cv-80994-KAM Document 90-1 Entered on FLSD Docket 03/12/2010 Page 4 of 5 AO 88A (Rev. 01/09) Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action (Page 2) Civil Action No. 08-90893CIV-MARRAIJOHNSO PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) This subpoena for (name of individual and title, if any) was received by me on (date) 0 I personally served the subpoena on the individual at (place) ----------------------- on (date) -------- 0 I left the subpoena at the individual's residence or usual place of abode with (name) ; or , a person of suitable age and discretion who resides there, ------------------- on (date) , and mailed a copy to the individual's last known address; or -------- 0 I served the subpoena on (name of individual) , who is ---------------- designated by law to accept service of process on behalf of (name of organization) on (date) ; or ---------------------------------- 0 I returned the subpoena unexecuted because 0 Other (specify): -------------------- 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 $ 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 signature Printed name and title Server's address Additional information regarding attempted service, etc: ; or Case 9:08-cv-80994-KAM Document 90-1 Entered on FLSD Docket 03/12/2010 Page 5 of 5 AO 88A (Rev. 01/09) Subpoena to Testify at a Deposition or to Produce Documents in a Civi! 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. (])Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction -which may include lost earnings and reasonable attorney's fees -on a party or attorney who fails to comply. (2) Command to Produce Materials or Perl1Ut Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises -or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing comt for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person ·.vho is neither a party nor a party's officer to travel more than I 00 miles from where that person resides, is employed, or regularly transacts business in person -except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial infonnation; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expe