EXHIBIT 1¶
Gregory Poe¶
From: Gregory Poe Sent: Tuesdi,me 14, 2016 7:03 AM To: 'Brad '; Laura Menninger Cc: Sigrid McCawley; G. Weinbilff Pagliuca; cassellp@law.utah.edu; Meredith Subject: RE: SERVICE - Epstein Deposition¶
Mr. McCawley —¶
As I informed Ms. McCawley in my June 9, 2016 letter, I represent Jeffrey Epstein with respect to the Rule 45 subpoena. Marty Weinberg represents Mr. Epstein in Doer.¶
Neither June 17 nor June 28 is an available date.¶
Regards,¶
Greg Poe¶
Please note: As of June 1, 2016, my email address has changed to gpaginelawss202. Please update your address book accordingly.¶
Gregory L Poe LAW OFFICES OF GREGORY L POE PLLC The Executive Building 1030 15th Street, N.W. Suite 580 West Washington, D.C. 20005 Telephone: (202) 583-2500 Fax: (202) 583-0565 Mobile: (202) 595-4466 Web Site: www.gpoelaw.com¶
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From: Brad (mailto:brad@pathtojustice.com]¶
Sent: Monday, June 13, 2016 7:42 PM¶
To: Laura Menninger Imenninger@hmflaw.com¶
Cc: Sigrid McCawley Smccawley@BSFILP.com; G. Weinberg owlmgw@att.net;¶
Gregory Poe gpoe@gpoelaw.com; Jeff Pagliuca jpagliuca@hmflaw.com;¶
cassellp@law.utah.edu; Meredith mschultz@BSFLLP.com¶
Subject: Re: SERVICE - Epstein Deposition¶
Mr. Epstein's counsel is on this email chain so hopefully Mr. Weinberg will let us know which date works.¶
Sent from my iPhone¶
On Jun 13, 2016, at 7:36 PM, Laura Menninger tenningeraJunflaw.com> wrote:¶
Brad —¶
I do not know, nor have I ever represented to you, what Mr. Epstein's availability is for any deposition. He is not my client, and I do not have access to either his or his attorneys' calendars. I am speaking purely from the perspective of my and Jeff Pagliuca's availability to participate in any such deposition as counsel for Ms. Maxwell.¶
When I told you Ms. Maxwell's counsel's availability for depositions when we spoke on Friday, I made a point that we are NOT available on the 28th for an in person deposition and that we would only be able to participate by telephone that date. We disagree with being the only party to participate by telephone. I am now repeating to you what I said then regarding our availability to participate in person as counsel for Ms. Maxwell.¶
-Laura¶
From: Brad finailto:bradOoathtoiustice.00m]¶
Sent: Monday, June 13, 2016 S:30 PM¶
To: Laura Menninger¶
Cc: Sigrid McCawley; G. Weinberg; tioelaw.com; Jeff¶
Pagliuca; casselloOlaw.utah.edu; Meredith¶
Subject: Re: SERVICE - Epstein Deposition¶
Let me just jump in quickly. I can't tell by reading this email whether there is a disagreement about Mr. Epstein's deposition or not. I do understand that you don't think the adverse inference will be admitted in this case and we respectfully disagree. But that is an issue for another day.¶
On Friday, as you say in the beginning of your email below, we worked through a deposition schedule for the remainder of the month and agreed on Mr. Epstein for the 28th - as the last available day on our tight schedule for his depo. I relayed the schedule exactly as we had discussed. I also relayed that you said you would probably attend by phone (because Mr. Epstein will likely take the 5th anyway).¶
Are you saying now that Mr. Epstein is available this Friday, the 17th? If so, I will try to arrange my schedule to take it then. But to my knowledge we have not received that information from Mr. Epstein's attorney. If we can confirm that date now, then I wintry to make that happen. If not, then we will take it on the 28th.¶
Brad¶
Sent from my iPhone¶
On Jun 13, 2016, at 6:21 PM, Laura Menninger¶
imenninger@hrnflaw.com> wrote:¶
Sigrid —¶
I had a conversation with Brad last Friday afternoon regarding the scheduling of depositions. During that conversation, I stated that the only day remaining in June that we could even potentially participate In a deposition of Mr. Epstein before the end of discovery cut-off would¶
be June 281h, however, I informed him we could only participate by phone on that date.¶
Just so you are clear, we object to the deposition being held at all, given Mr. Epstein's stated intention to take the 5'h Amendment as to all questions, our strongly held and legally supported position that such a non-party 5th Amendment does not have any admissibility in this case, the cost and expense of such a deposition in the U.S. Virgin Islands and your failure to pursue in good faith a deposition of Mr. Epstein during the 5 Y2 months of discovery available in this case. Furthermore, including the number of depositions that you have scheduled and cancelled at the last minute in this case, you have already reached the allowable 10 depositions before Mr. Epstein's.¶
If any deposition of Mr. Epstein is to occur by telephone, we believe all parties should participate by telephone. If it is to be in person, we are available on June 17 and June 21.¶
-Laura¶
cimage002.jpg>¶
Laura A. Menninger Haddon, and a, P.C. 150 East 10th Avenue Denver, Colorado 80203 Main 303.831.7364 FX 303.832.2628 Imenninger@hmflaw.com www.hmflaw.com¶
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From: Sigrid McCawley fmailto:SmccawleyOBSFLLP.corni Sent: Sunday, June 12, 2016 9:57 AM To: G. Weinberg; Laura Menninger; ocee@ciooelaw.com Cc: Jeff Pagliuca; bradoathtoiutn; cassello@law.utah.edu; Meredith Sigrid McCawley Subject: RE: SERVICE - Epstein Deposition¶
Hello Marty and Mr. Poe,¶
Per the below - It is my understanding that Maxwell's counsel has confirmed with Mr. that they are available for the deposition of Mr. Epstein on Tuesday, June 28, 2016 at 9:00 a.m. in the USVI (with Maxwell's counsel participating by phone).¶
Per the below, we propose the island of St. as it is my understanding that this island is the closest island with an airport to Mr. Epstein's island. Kindly confirm the date and we will coordinate a location for the deposition.¶
Thank you, Sigrid¶
Sigrid S. McCawley Partner BOIE'N.S( IIILI.1.12 & 1.1.1\NtR LIT¶
401 East Las Olas Blvd.. Suite 1200 Fort Lauderdale, FL 33301 Phone: 954-356-0011 ext. 4223 Fax: 954-356-0022 http://www.bsfllp.com¶
From: G. Weinberg [mailto:owlmaw@attmet1 Sent: Friday, May 27, 2016 11:12 AM To: Laura Menninger; Sigrid McCawley Cc: Jeff Pagliuca; brad@oathtgj cassello@law.utah.edu; Meredith owlmaw@att.net Subject: Re: SERVICE - Epstein Deposition¶
Sigrid, with everyone in agreement as to both the service and the location issues, I would request that you notify Judge Sweet that the portion of your motion addressing the deposition service issue as to Mr. Epstein has been resolved. I will forward any proposals on dates to the attorney or attorneys who will physically be present at the deposition so that they, Laura, and you can work agree on a schedule and location. Thanks, Marty¶
From: Laura Menninger Sent: Friday, May 27, 2016 10:55 AM To: einberg; Sigrid McCawlev Cc: )eff Pagliuca ; brad@othtojusliim ; cassello@law.utah.edg ; Meredith Subject: Re: SERVICE - Epstein Deposition¶
We do not oppose your agreement with respect to the location of Mr. Epstein's deposition.¶
-Laura¶
<image003.png> Laura A. Menninger Haddon, and P.C. 150 East 10th Avenue Denver, Colorado 80203 Main 303.831.7364 FX 303.832.2628¶
IIIICI111 I II aC r'it inn flaw .COM WWW.h in flaw.com¶
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving it in any manner. Thank you.¶
From: Weinberg <owlmRwebattnet> Date: Thursday, May 26, 2016 at 4:13 PM To: Sigrid McCawley smccawley@bstllo.com Cc: Laura Menninger <Imennin er hmflaw.com>, Jeff Pagliuca joatzliuca@hmflaw.com, Brad brad@pathtoiustice.com,Paul Cassell <cassellpf&law.utah.edu>, Meredith <mschultzgaBSFLIP.com>, Weinberg owlmgw@att.net Subject: Re: SERVICE - Epstein Deposition¶
Hi Sigrid. Mr. Epstein is in agreement to proceed with a VI deposition and to accept service for that deposition. I understand the issue expressed below and will promptly communicate with Ms Maxwell's counsel in order to determine her position. Thanks, Marty¶
From: Sigrid mcCawlev¶
Seniarsday, May 26, 2016 5:45 PM¶
To: Weinberg¶
Cc: imenninoerOhmflaw.com ;¶
mailto:ipaciliucafthmflaw.com ; brad@oattilice.com ;¶
mailto:casselloalaw.utah.edu ; Meredith¶
Subject: RE: SERVICE - Epstein Deposition¶
Hello Marty,¶
Thank you for your response regarding our subpoena to Jeffrey Epstein. You have represented that Mr. Epstein will agree to accept service of the subpoena, "reserving his rights to contest the breadth of the subpoena and whether a deposition should be required at all given his articulated and principled intention to assert the Fifth Amendment in res onse to questions addressing the subject matter of the v. Maxwell lawsuit" if we can accommodate his request to have the deposition take place near Mr. Epstein's Virgin Island residence.¶
We can agree on behalf of Ms. Guiffre to accommodate Mr. Epstein's location request, however, in an abundance of caution so that there is no misunderstanding, I have copied counsel for Ms. Maxwell for whom Mr. Epstein is in a joint defense agreement with, to confirm their agreement. If Ms. Maxwell's counsel does not agree to Mr. Epstein's deposition location request, then I will have to proceed with the Alternative Service Motion relating to Mr. Epstein that we have filed to have the Court confirm alternative service of Mr. Epstein in NY and the deposition in NY.¶
If you have not already done so, I ask that you please confer with your joint defense counsel and confirm with us that both Ms. Maxwell and Mr. Epstein are in agreement to proceed as you proposed with the deposition location in the Virgin Islands.¶
Thank you, Sigrid¶
Sigrid S. McCawley¶
Partner¶
BOIES, SCHILLER & FLEXNER LLP¶
401 East Las Olas Blvd., Suite 1200¶
Fort Lauderdale, FL 33301¶
Phone: 954-356-0011 ext. 4223¶
Fax: 954-356-0022¶
From: [REDACTED] Weinberg [mailto:owlmgw@att.net]¶
Sent: Thursday, May 26, 2016 12:11 PM¶
To: Sigrid McCawley; [REDACTED] Weinberg¶
Subject: SERVICE - Epstein Deposition¶
Sigrid, I am authorized to accept service conditioned on the deposition being located near Mr. Epstein's Virgin Island residence which you indicated in your email of May 25 was acceptable to you, on a date and location (close to but not at the residence) that would be agreeable to all parties, and on Mr. Epstein's reservation of all rights to contest the breadth of the subpoena and whether a deposition should be required at all given his articulated and principled intention to assert the Fifth Amendment in response to questions addressing the subject matter of the [REDACTED] v Maxwell lawsuit. Let me know if this resolves the service issue and if so a good time to discuss or exchange emails on dates and other specifics.¶
Marty¶
[REDACTED] G. Weinberg, Esq.¶
20 Park Plaza¶
Suite 1000¶
Boston, [REDACTED] 02116¶
(617) 227-3700 - Office¶
(617) 901-3472 - Cell¶
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