565.pdf

Case 9:08-cv-80119-KAM Document 565 Entered on FLSD Docket 06/14/2010 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. I ---------------- Related cases: 08-80232,08-08380,08-80381,08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 I ---------------- JUN f 4 2010 Defendant, Jeffrey Epstein's Emergency Motion For Protective Order, Motion to Quash and Motion for Attorneys' Fees, With Incorporated Memorandum Of Law Defendant, JEFFREY EPSTEIN, (hereinafter "EPSTEIN") by and through his undersigned attorneys, hereby files his Emergency Motion For Protective Order, Motion to Quash and Motion for Attorneys' fees and Costs, With Incorporated Memorandum Of Law. In support, Defendant states as follows: 1. As this Court is well aware, these cases have been consolidated for discovery. However, on April 1, 2010, Plaintiffs counsel, Spencer Kuvin, filed C.L. v. Epstein, Case No. 10-80447-cv-Marra/Johnson, and that case has not been consolidated with the other related cases for purposes of discovery. 2. On April 20, 2010, Mr. Kuvin served Maritza Milagros Vasquez with a subpoena for deposition, which is set to occur tomorrow. See Exhibit "A". However, this Notice and subpoena for deposition must be stricken/quashed as Mr. Kuvin, on behalf of his client, has failed to comply with Fed.R.Civ.P. 26 (d). That rule states, in pertinent part, Case 9:08-cv-80119-KAM Document 565 Entered on FLSD Docket 06/14/2010 Page 2 of 9 j that: "[a] party may not seek discovery from any source before the parties have conferred as required by Rule 26(t) .... " Mr. Kuvin, on behalf of his client, has not complied with Rule 26(t) and, therefore, the subpoena for deposition must be stricken/quashed and a Protective Order should be entered pursuant to Rule 26( c) forbidding the deposition from occurring for non-compliance with the applicable rules. In Varo, Inc. v. Litton Systems, Inc., 129 F.R.D. 139, 141 (N.D. TX 1989), the court held that one cannot be compelled to comply with a withdrawn subpoena. Id. Likewise, the court here cannot compel Maritza Milagros Vasquez to attend any deposition when the subpoena itself is invalid, especially when it will require those involved in these matters to incur substantial attorneys' fees. 3. Next, Mr. Brad Edwards, counsel for Jane Doe, cross-noticed Maritza Milagros Vasquez's deposition in Jane Doe (#08-80893 - Exhibit "B"), which matter is already set for trial in July 2010. Discovery concluded on May 31, 2010 (see DE 531). Accordingly, the cross notice served by Jane Doe must be stricken/quashed and a protective order entered because the subpoena itself in invalid due to C.L.'s counsel's failure to comply with Rule 26(d) and discovery in Jane Doe (80893) has concluded. Rule 7 .1 Certification I hereby certify that counsel for the respective parties communicated by e-mail in a good faith effort to resolve the issues set forth above prior to the filing of this Motion and none of the issues were resolved. WHEREFORE, Defendant requests that this Court enter an order granting . Defendant's motion for protective order and motion to quash. Defendant further requests that this Court award his attorney's fees and costs associated with this motion, m accordance with Rule 37, Fed.R.Civ.P. and applicable Local Rules and specifically: a. Quash CL's subpoena attached as Exhibit "A"; 1 I Case 9:08-cv-80119-KAM Document 565 Entered on FLSD Docket 06/14/2010 Page 3 of 9 b. Quash and/or strike Jane Doe's cross notice as to Exhibit "A" because Exhibit "A" is invalid and discovery has concluded in Jane Doe; c. Award attorneys to Defendant for CL and Jane Doe's noncompliance with these discovery matters; and d. for such other and further relief as this co Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified on the following Service List in the manner specified by CM/ECF on this 14 th day of June, 2010 224162 rcrit@bclclaw.com , JR., ESQ. MICHAEL J. PIKE, ESQ. Florida Bar #617296 mpike@bclclaw.com BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 561/842-2820 Phone 561/515-3148 Fax (Counsel for Defendant Jeffrey Epstein) Certificate of Service Jane Doe No. 2 v. Jeffrey Epstein Case No. 08-CV-80119-MARRA/JOHNSON Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Boulevard Brad Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard Suite 1650 Case 9:08-cv-80119-KAM Document 565 Entered on FLSD Docket 06/14/2010 Page 4 of 9 Suite 2218 Miami, FL 3 3160 305-931-2200 Fax: 305-931-0877 ssm@sexabuseattomey.com ahorowitz@sexabuseattomey.com Counsel for Plaintiffs In related Cases Nos. 08-80069, 08-80119, 08-80232, 08-80380, 08-80381, 08-80993, 08-80994 Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian A venue South Suite 1400 West Palm Beach, FL 33401-5012 561-659-8300 Fax: 561-835-8691 jagesq@bellsouth.net Counsel for Defendant Jeffrey Epstein Fort Lauderdale, FL 33301 Phone:954-522-3456 Fax: 954-527-8663 bedwards@rra-law.com Counsel for Plaintiff in Related Case No. 08-80893 Paul G. Cassell, Esq. Pro Hae Vice 332 South 1400 E, Room 101 Salt Lake City, UT 84112 801-585-5202 801-585-6833 Fax cassellp@law. utah. edu Co-counsel for Plaintiff Jane Doe Isidro M. Garcia, Esq. Garcia Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL 33401 561-832- 7732 561-832-7137 F isidrogarcia@bellsouth.net Counsel for Plaintiff in Related Case No. 08-80469 ' I Case 9:08-cv-80119-KAM Document 565 Entered on FLSD Docket 06/14/2010 Page 5 of 9 AO 88A (Rev. 06/09) Sub\)ocna to Testify at a Deposition in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida C.L. Plaintiff v; ) ) ) ) Civil Action No. 10-80447-c;v-Marra/Johnson JEFFREY EPSTEIN • ) (If the action is pending in another district, state where: Defendant ) SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: MARITZA MILAGROS VASQUEZ, 1253 SW 21 ST TERRACE, APT 21, MIAMI, FL 33145-2922 r;/ Testimony:· 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: INTELLIGENT OFFICE; 701 BRICKELL AVENUE, SUITE 1550, MIAMI, FL 33131 Date and Time: 05/18/2010 10:00 am The deposition will be recorded by this method: VIDEOGRAPHER AND COURT REPORTER CJ Production: You, or your representat