Draft: efta02743293

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.

2. 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.

3. 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¶