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IN THE CIRCUIT COURT OF THE 15TH
B.B
Case No: 502008CA037319XXXXMB AB
Plaintiff
vs.
JEFFREY EPSTEIN
Defendant
PLAINTIFF'S RE-NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that Plaintiff shall call up for hearing the
following:
DATE:
September 15, 2009
TIME:
8:45 AM
JUDGE:
The Honorable Donald Hafele —Courtroom 11B
ADDRESS:
Palm Beach Circuit Court
MATTER:
I hereby certify that a good faith effort has been made to resolve the issues herein,
or same shall be made prior to the hearing.
I HEREBY CERTIFY that a true and coma copy of the foregoing was served by
U.S. Mail this
da of Se.
ber 2009 to: Jack A. Goldberger, Esq.,
Bruce E. Reinhart, Esq.,
Rilt D. Critton, Jr., Michael J. Pike,
LEOPOLD-KUV1N P.A.
By:
=IM
SPEN
IN
Florida Bar No: 089737
LEOPOLD-KUVIN, P.A. „IER•
EFTA00723066
CASE NO.: 08-CV-80119-CIV-MARRA/JOHNSON
JANE DOE NO. 2,
Plaintiff,
vs.
Defendant.
Related cases:
08-80232, 08-80380, 98-80381, 08-80994,
08-80993, 08-80811, 08-80893, 09-80469,
09-80591, 09-80656, 09-80802, 09-81092
REQUEST FOR COPIES TO PLAINTIFF. [VICTIM NAME REDACTED] the Plaintiff,
by and through
the undersigned attorneys, hereby requests that Plaintiff, [VICTIM NAME REDACTED], produce to her by
mailing to Jack P. Hill, Esquire,
receipt, any
, immediately upon
and all records received pursuant to their Subpoena to Testify at a
Deposition or to Produce Documents in a Civil Action, directed to the following Medical
Record Custodian:
Leonard A. Baird, Ph.D.
EFTA00723067
Jane Doe. vs. Epstein, et al.
Case No. 08-CV-80119-CIV-MARRNJOHNSON
Request for Copies
2
I [VICTIM NAME REDACTED] that a true and correct copy of the foregoing has been
"rtp
furnished by U.S. Mail to all Counsel on the attached list, this
-
day of
September, 2009.
Jack Scarola
Florida Bar No.: 169440
Jack P. Hill
Florida Bar No.: 0547808
Scarola Barnhart & Shipley, P.A.
Phone:
Fax:
Attorneys for Plaintiff, C.M.A.
EFTA00723068
Jane Doe. vs. Epstein, et al.
Case No. 08-CV-80119-CIV-MARRNJOHNSON
Request for Copies
3
COUNSEL LIST
Richard H. Willits, Esquire
Richard H. Willits. P.A
Phone:
Fax:
Robert Critton, Esquire
Michael J. Pike, Esquire
Burman Critton Luttier & Coleman LLP
Jack A. Goldberger, Esquire
Atterbu
Goldber er & Weiss, P.A.
Phone:
ax:
Bruce E. Reinhart, Esquire
Bruce E. Reinhart P.A.
Phone:
Fax:
Stuart S. Mermelstein, Esquire
Adam D. Horowitz, Esquire
Horowitz. P.A.
EFTA00723069
Jane Doe. vs. Epstein, et al.
Case No. 08-CV-80119-CIV-MARRA/JOHNSON
Request for Copies
4
Brad Edwards, Esquire
Phone:
Paul G. Cassell, Esquire
Robert C. Josefsberg, Esquire
Katherine W. Ezell, Esquire
EFTA00723070
[VICTIM NAME REDACTED] (Rev. 01)09) Subpoena to Testify at a Deposition or to Produce Dccianents in a Civil Action
[VICTIM NAME REDACTED]
for the
Southern District of Florida
Jane Doe.
Plaintiff
v.
Jeffrey Epstein
Defendant
Civil Action No. 08-CIV-MARRNJOHNSON
(If the action is pending in another district, state where:
•
.
.
.
trendy:6v: YOU ARE COMMANDED to appear at the time, dite, and place set forth below to testify at a
deposition to be taken in this civil action. If you are en organization that is not a party in this case, you must designate
one air 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
Naze:
otters.
MO
Date and Time:
09/22/2009 9:00 am
The deposition win be recorded by this method:
Of Production: You, or your representatives, must also bring with you to the deposition the following documents,
electronically stored information, or objects, and penult their inspection, copying, testing, or sampling of the
material:
'The entire medical records of Jeffrey Epstein (DOB [DOB REDACTED]) Including al psychological tests, charts, test
results, xrays, MRis, scans, Intake Forms, opinions, diagnosis, letters to or from Jeffrey Epstein or any third party or
parties, prescriptions, etc. In short, the entire file.
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, aro
attached.
6 sPi 2-007
CLERK OF COURT
•
OR
Signature eIClerk 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 E . Rothstein Rosenfeld) Adler
EFTA00723071
AU b$A (Rev. DINS) Subpoena to Testify at a Deposal on cc to Product Documents in a Civil Aaron (Page 2)
Civil Action No. 08-CIV-MARRNJOHNSON
(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, Ifany)
was received by me on (dale)
Cl I personally served the subpoena on the individual at (place)
on (date)
;:or
Cl I
the, subpoena at the individual's residence or usual place ofabode with (name)
, a person of suitable age and discretion who resides there,
on (dale)
, and mailed a copy to the individual's last known address; or
Cl I served the subpoena on (name of individual)
designated by law to accept service of process on behilf of (name of organisation)
on (dale)
Cl I returned the subpoena uneaccutcd because
Cl Other (Teci)y):
, who is
; or
; or
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 S
for travel and S
Date:
I declare under penalty of perjury that this information is true.
for services, fora total of S
0.00
Server's signature
Printed Arne and ride
Server's address
Additional information regarding attempted service, etc:
EFTA00723072
AD SSA (Rev. 01/09) Subpoena lo Testify at a Deposition or to Produce Documents in a Civil 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.
(1) Avoiding Undue Burden or Repents; 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 cant 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 bits to comply.
(2) Command to Produce Materials or Permit 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
plait 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 —a to producing electronically stored
information in the foam 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 anytime, oo notice to the commanded person, the saving
• patty may move the issuing court 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 nonparty'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 modik/ a subpoena that'
(1) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party's officer
to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person — except that,
. subject to Rule 45(cX3)(B)(iift, the person may be commanded to
attends trial by traveling from any such place within the state where
the trial is held;
(fit) 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, be 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 information;
(11) 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
(111) 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) Specrfying Conditions as an Alternative. In the circumstances
described in Rule 45(c)(3)II), the court may, instead of quashing or
modifying a subpoena, order appearance or production under
specified conditions if the serving party:
() shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship; and
Oft ensures that the subpoenaed person will be reasonably
compensated.
(d) Duties in Responding to a Subpoena.
(1) traducing Documents or Electronically Stored Information.
These procedures apply to producing documents or electronically
stored information:
(A)Docrunears. 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) Porn for Producing Elecitookalty Stored Information Not
Specified. Ira subpoena does not specify a form for producing
electronically stored information, the person responding must
produce it in a form or thrms in which it is ordinarily maintained or
in a reasonably usable form or forme
(C)Electronkally Stored Information Produced in Only One
Font 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 doted
information from sources that the person identifies as
reasonably
accessible because of undue burden or cost. On motion to compel
discovery or for a protective order, the person responding must show'
that she information is not reasonably accasibk because of undue
burden or cost. If that showing is made, the omit may nonotheles•s
order discovery from such sources if the requesting party shows.
good cause, considering the 1h:interims of Rule 26(b)(2XC). The
court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A)Informarion Withheki. A person widtholdingsubpoenaed
information under a claim that it Is privileged or subject to
protection as trial-preparation material must:
(I) expressly make the claim; and
(it) describe the nature of the withheld documents,
communications, or tangible things in a manna that; without
revealing information itself privileged or protected,: wi II 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 Mal-
preparation material, the person making the claini may notify any
party that received the inframiation of the claim and the basis for it.
ARer being notified, a party must promptly return, sequester, or
destroy the specified information 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 corm may hold in contempt a person
who, having been saved, 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 of Rule 45(cX3XAXii).
EFTA00723073
SCHEDULE "A"
*The complete medical file including MRIs, scans, Xrays and any
other diagnostic test result, Intake Form, notes, reports,
opinions,
correspondence
to
or
from
third
parties,
correspondence to or from Jeffrey Epstein, referrals, medical
bills, in short, your complete file on:
Jeffrey Epstein
Date of Birth [DOB REDACTED]
(*Documents may be mailed in lieu of appearance to the undersigned counsel)
EFTA00723074