Case 9:09-cv-81092-KAM

Document 14-1

Entered on FLSD Docket 03/12/2010

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# 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 9:09-cv-81092-KAM

Document 14-1

Entered on FLSD Docket 03/12/2010

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## 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

By:

BRAD EDWARDS, ESQ.
Florida Bar No.: 542075

cc: Esquire Court Reporters

Case 9:09-cv-81092-KAM

Document 14-1

Entered on FLSD Docket 03/12/2010

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AO SSA (Rev.01/09) Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action

# UNITED STATES DISTRICT COURT

for the

Southern District of Florida

JANE DOE
Plaintiff
v.
JEFFREY EPSTEIN
Defendant

Civil Action No.: 08-90893CIV-MARRA/JOHNSON
(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
Date and Time: 09/22/2009 10:00 am

The deposition will be recorded by this method:<empty>

[ ] Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material:

The provisions of Fed. 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: <empty>

CLERK OF COURT OR
Signature of Clerk or Deputy Clerk Attorney's signature

The name, address, e-mail, and telephone number of the attorney representing (name of party): Brad Edwards, Esq., Rothstein-Rosenfeldt Adler, 401 E. Las Olas Blvd., Suite 1650, Fort Lauderdale, Florida 33301 Bedwards@rra-law.com. (954) 522 2346 , who issues or requests this subpoena, are:

Case 9:09-cv-81092-KAM Document 14-1 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-MARRA/JOHNSO

# 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): <empty>

was received by me on (date): <empty>.

[ ] I personally served the subpoena on the individual at (place): <empty>
on (date): <empty> ; or

[ ] I left the subpoena at the individual's residence or usual place of abode with (name): <empty>
, a person of suitable age and discretion who resides there,
on (date): <empty> , and mailed a copy to the individual's last known address; or

[ ] I served the subpoena on (name of individual): <empty> ,
who is designated by law to accept service of process on behalf of (name of organization): <empty>
on (date): <empty> ; or

[ ] I returned the subpoena unexecuted because: <empty> ; or

[ ] 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 $: <empty> .

My fees are $: <empty> for travel and $: <empty> for services, for a total of $: 0.00 .

I declare under penalty of perjury that this information is true.

Date: <empty>

Server's signature: <empty>

Printed name and title: <empty>

Server's address: <empty>

Additional information regarding attempted service, etc:

Case 9:09-cv-81092-KAM

Document 14-1

Entered on FLSD Docket 03/12/2010

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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 I00 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 expert's study that was not requested by a party; or

(iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial.

(C)Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and

(ii)ensures that the subpoenaed person will be reasonably
compensated.

## (d) Duties in Responding to a Subpoena.

(1)Producing Documents or Electronically Stored Information. These procedures apply 10 producing documents or electronically stored information:

(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.

(B)Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.

(C)Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.

(D)Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

## (2) Claiming Privilege or Protection.

(A)Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

(B)Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any party 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 infonnation and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits ofRule 45(c)(3)(A)(ii).
documents/doj-c3878f5f511c18ba.pdf
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