## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80119-MARIS JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. 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 FILED by Vi JUN 1 4 2010 STEVEN M. LARIMEmr CtERN OF u.\$. pis' CT. FLA. - w:pe: D.C. # 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, Plaintiff's counsel, Spencer Kuvin, filed C.L. v. Epstein, Case No. 10-80447-cv-Marra\_, and that case has not been consolidated with the other related cases for purposes of discovery. 1. 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, that: "[a] party may not seek discovery from any source before the parties have conferred as required by Rule 26(f). . . ." Mr. Kuvin, on behalf of his client, has not complied with Rule 26(f) 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 awithdrawn 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. 1. Next, Mr. Brad 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 Ihereby 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, in accordance with Rule 37, Fed.R.Civ.P. and applicable Local Rules and specifically: - a. Quash CL's subpoena attached as Exhibit "A"; - 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 d proper. By: MIC Flori 17296 #### Certificate of Service IHEREBY CERTIFY that atrue 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 1461 day of June. 2010 Respectfully submitte By: ESQ. Flo Bar No. 224162 rcrit@bc1claw.com MICHAEL J. PIKE, ESQ. Florida Bar #617296 mpike@bc1claw.com BURMAN, CRITTON, LUTHER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 561/842-2820 Phone 561/515-3148 Fax (Counsel for Defendant Jeffiey Epstein) #### Certificate of Service Jane Doe No. 2 v. Jeffrey E stein Case No. 08-CV-80119- Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Boulevard Brad UM, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard Suite 1650 Suite 2218 Miami, FL 33160 305-931-2200 Fax: 305-931-0877 ssm@sexabuseattomey.com ahorowitz®sexabuseattomev.com Counsel for Plaintiffs In related Cases Nos. 08-80069, 0840119, 08-80232, 08-80380, 08-80381, 08-80993, 08-80994 Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 561-659-8300 Fax: 561-835-8691 juesqObellsouth.net Counsel for Defendant Jeffrey Epstein Fort Lauderdale, FL 33301 Phone: 954-522-3456 Fax: 954-527-8663 bedwards@sra-law.com Counsel for Plaintiff in Related Case No. 08-80893 Paul G. Cassell, Esq. Pro Hac Vice 332 South 1400 E, Room 101 Salt Lake City, UT 84112 801-585-5202 801-585-6833 Fax casselln@law.utah.edu Co-counsel for Plaintiff Jane Doe Isidro M. M. Esq. SIELav7FirTn, P.A. 2Nratura 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. 0840469 AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action # UNITED STATES DISTRICT COURT for the Southern District of Florida C.L. Plaintiff v. JEFFREY EPSTEIN Defendant )\ )\ )\ )\ )\ )\ ) Civil Action No. 10-80447-cv-Marra [REDACTED] (If the action is pending in another district, state where: ) ## SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: MARITZA MILAGROS VASQUEZ, 1253 SW 21ST TERRACE, APT 21, MIAMI, FL 33145-2922 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 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: 04/08/2010 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) C.L. C.L. , who issues or requests this subpoena, are: SPENCER T. KUVIN, ESQ., LEOPOLD-KUVIN, P.A., 2925 PGA BOULEVARD, SUITE 200, PALM BEACH GARDENS, FLORIDA 33410 T: 561-515-1400 F: 561-515-1401 "A" AO RSA (Rev. 06109) Sutooens to Testily at a Deposition in a Cool Action (Page 2) Civil Action No. 10-80447-cv-Marraa #### PROOF OF SERVICE (This section should not be filed with the court unless required by Fa R. ay. P. 45.) This subpoena for (name of individual and We, (fairy) was received by me on (dale) O I saved the subpoena by delivering a copy to the named individual as follows: on (date) ; or O I returned the subpoena unexecuted became: Unless the subpoena was issued on behalf of the United States, or one of its officers or agents,) have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of S My fees are \$ for travel and \$ for services, for a total of \$ 0.00 Date: I declare under penalty of perjury that this information is true. Server's airmen Printed Mn and tide Server's address Additional information regarding attempted service, etc: **UNITED STATES DISTRICT COURT\ SOUTHERN DISTRICT OF FLORIDA** JANE DOE, CASE NO. 08-CV-80893-CIV-MARRA/ [REDACTED] Plaintiff, Vs. JEFFREY EPSTEIN, et al. Defendant. \_\_\_\_\_/ **Related Cases:** 08-80119, 08-80232, 08-80380, 08-80381,\ 08-80994, 08-80811, 08-80893, 09-80469,\ 09-80591, 09-80656, 09-80802, 09-81092 \_\_\_\_\_/ **PLAINTIFF'S CROSS-NOTICE OF VIDEO DEPOSITION OF\ MARITZA MILAGROS VASQUEZ** **PLEASE TAKE NOTICE** that plaintiff, Jane Doe, will take the video deposition by oral examination, of the persons named below, at the time, on the date, at the hour of the place indicated: | NAME | DATE AND TIME | PLACE OF TAKING DEPOSITON | | ------------------------ | ----------------------- | ------------------------------------------------------------------------ | | Maritza Milagros Vasquez | June 15, 2010 @ 10:00AM | Intelligent Office
701 Brickell Avenue, Suite 1550
Miami, FL 33131 | upon oral examination before Videographer and a Notary Public, or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being "B" CASE NO: 06-CV-80119-MARFta taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court. ### CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was served by e-mail on May 12, 2010 to: See attached service list. > J. JaingssIng, PAPPRid rews Ave., Suite 2 Fistos & Lehrman, PL Fort Lauderdale, FL 33301 (954) 524-2820 (954) 524-2822 fax brad@pathtojustice.com By: CASE NO: 08-CV-80119-MARRa #### SERVICE LIST Jane Doe v. Jeffrey Epstein United States District Court - Southern District of Florida Jack Alan Goldberger, Esq. Jqoldberger@aqwpa.com Robert D. Critton, Esq. rcritton@bcIclaw.com Isidro Manual isidroqarcia@bellsouth.net Jack iph@searcylaw.com • Katherine Warthen Ezell KEzell@podhurst.com Michael James Pike MPike@bcIclaw.com Paul G. Cassell cassellp@law.utah.edu Richard Horace Willits lawyerswillitseaol.com Robert C. Josefsberg riosefsberq@podhurst.com Adam D. Horowitz ahorowitz@sexabuseattorney.com Stuart S. Mermelstein ssmWsexabuseattorney.com