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efta-efta00621000DOJ Data Set 9Other

AO 88 (Rev. 12113) Su

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DOJ Data Set 9
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EFTA Disclosure
Text extracted via OCR from the original document. May contain errors from the scanning process.
AO 88 (Rev. 12113) Su to Appcar and Tostify at a Rating a That in a Civil Action UNITED STATES DISTRICT COURT for the ) Plaintiff ) v. ) Civil Action No. 15-CV-07433-RWS Ghlslaine Maxwell Defendant ) ) SUBPOENA TO APPEAR AND TESTIFY AT A HEARINC OR TRIAL. IN A CIVIL ACTION To: JEFFREY E•STEIN 9 East 71st •treet, New York, NY10021 043IPM of person to wham this subpoena is directed/ YOU A E COMMANDED to appear in the United States district court at the time, date, and place set forth below to testify at a hea ing or trial in this civil action. When you arrive, you must remain at the court until the judge or a court officer allows yo to leave. .• Place: Daniel P ck Moynihan Unied St tes Courthouse 500 Pea Street, New York, NY 1 0007-1 31 2 Courtroom No.: 19C Date and Tune: 03/13/2017 9:00 am You mu also bring with you the following documents, electronically stored information, or objects dean blank if not applicable): The loll wing provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule 45(d), rclat g to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this s bpoena and the potential consequences of not doing so. Date: 02/081.017 CLERK OF COURT Signature of Clerk or Deputy Clerk OR The name, addr s, e-mail address, and telephone number of the attorney representing (no , who issues or requests this subpoena, arc: F, LLP, 401 E. Las Olas Blvd., #1200, Ft. Lauderdale, FL, 33301; Plaintiff Notice to the person who issues or requests this subpoena If this subpoena ommands the production of documents, electronically stored information, or tangible things, a notice and a copy of Iii subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. . Civ. P. 45(a)(4). EFTA00621000 AO St; !Rev 12ri31 S, na to A mar and Teat' at a Hex rev or Trial at a Civil Action .ace (c) Place of Contrition (I) For a Trial, flea person to attend a trial, (A) within 100 mile regularly transacts bus (B) within the slate transacts business (i) is a party or a (ii) is commanded expense. (2) For Oilier Disco (A) production of tangible things at a pia employed, or regularly (B) inspection of pr (d) Protecting • Pm (I) Avoiding Undue responsib:c for issuing to avoid imposing mid subpoena. the court fo enforce this duty and t lost earnings and reaso fails to comply. (2) Command to Pro (A) Appearance Not documents. eleanmica permit the inspection o production or inspecti• haring, or trial. (B) Objections. A things or to permit Ins in the subpoena a vain sampling any or all of producing elewonicall The objection must he compliance or 14 days the following roles app (i) At any time, may move the court order compelling prod (II) These acts ma order mast protect a significant expense res (3) Quashing or Mo (A) When Required compliance is required 0) fails tc allow a (II) requires a pen specified in. Rule 45(c) (ill) requires disc'. exception or waiver a. (iv) subjects ape, (B) When Permitted subpoena, the court fo r motion, quash or moth (I) disclosing a ir. development, or Comm g, or Deposition. A subpoena may command a hearing, or deposition only as follows: of where the person resides. Is employed, or as in person; or here the person resides, is employed, or regularly son, if the person y's officer; or to attend a trial and would not incur substantial ry. A subpoena may command: cements, electronialy stored information, or c within 100 miles nf where the person resides, is ans.ims business in person, and tses at the premises to be inspected Subject to a Subpoena; Enforcement. urden or Expense; Sanctions. A party or attorney • serving a subpoena must take reasonable steps burden or expense on a person subject to the the district where compliance is required must pose an appropriate sanction—which may include able attorney's fas—on a party or attorney who ce Materials or Permit Inspection. attired A person commanded to produce ly stored information, or tangible things, or to premises, need no: appear in person at the place of unless also commanded to appear for a deposition. son commanded to produce documents or tangible ion may serve on the party or attorney designated objection to inspecting, copying. testing, or materials or to inspecting the {itemises—or to stored information in the form or forms requested. before the earlier of the time specified for tier the subpoena is served. If an objection is made. y: notice to the commanded person, the serving party the district where compliance is required for an ion or inspection. be required only as directed in the order, and the n who is neither a parry nor a party's one: from king from compliance. yin: a Subpoena. timely motion. the court for the district where tut quash or modify a subpoena that: esonable time to comply; to comply beyond the geographical limits urc of privileged or other protected matter. if no lies; or n to undue burden. To protect a person subject to or affected by a the district where compliance is required may. on the subpoena if it requires: secret or other confidential research, (el& information; or Federal Rule of Civil Procedure 45 (e), (d), (e), and (g) (Effective 12/1/13) (II) disclosing an unretaiced 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. (C) Spec thing Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may. instead of quashing or modifying a subpoena, order annoyance 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. (e) Dulles In Responding to a Subpoena. (1) Producing Documents or Electronical0 Stored Information. These procedures apply to producing documents or electronically stored information: (A) Doewnents A person responding to a subpoena to produce documents must produce them as they an 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 Electronic:15, 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. (1)) Inaccessible Euecronrcally 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 Nat the information it 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 coon 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 trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis Sr it. Atter being notified, a party must promptly return, sequester, or destroy the specified information end 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 purnetly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. (g) Contempt. The court for the district where compliance is required—and also, after a motion is transferred, the issuing court—may hilt! in contempt a person who, having been saved, fails without adequate excuse to obey the subpoena or an order related to it. For access to subpoena materials. see Fed K. Civ. I' 45(a) Conuninee Note (2013). EFTA00621001

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