EFTA00615532.pdf

United States District Court Southern District of New York Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell, Defendant. PLAINTIFF'S NOTICE OF SERVICE OF RULE 45 SUBPOENA FOR DOCUMENTS UPON DAVID RODGERS (A/K/A DAVE RODGERS) PLEASE TAKE NOTICE THAT, pursuant to Rule 45 of the Federal Rules of Civil Procedure, Plaintiff, hereby provides Notice of Service of Subpoena upon David Rodgers (a/k/a Dave Rodgers). A copy of the Subpoena is attached to this Notice. Dated: February 14, 2017 ROTES, SCHILLER & FLEXNER LLP By: /s/ Sigrid McCawlev Sigrid McCawley (Pro Hac Vice) Meredith Schultz (Pro Hac Vice) David Boies Bradley J. Edwards (Pro Hac Vice) loor FARMER, JAFFE, WEISSING, EFTA00615532 Paul G. Cassell (Pro Hac Vice) S.J. Quinney College of Law II= 1 This daytime business address is provided for identification and correspondence purposes only and is not intended to imply institutional endorsement by the University of Utah for this private representation. EFTA00615533 AO 8813 (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of New York Plainte v. Ghislaine Maxwell Defendant Civil Action No. 15-cv-07433-RWS SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: David N. Rodgers, do Bruce Reinhart, McDonald Hopkins LLC, (Name of person to whom this subpoena is directed) ye Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material: All flight logs for any and all aircrafts, including charter flights, relating to Jeffrey Epstein and/or Ghislaine Maxwell for the period covering July 1, 1991 through the present Of not duplicative of previous production). Place. Boles, Schiller & Flexner LLP Date and Time: 02/24/2017 5:00 pm O Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. Place: Date and Time: The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. Date: 02/14/2017 CLERK OF COURT OR Signature ofClerk or Deputy Clerk The name, address, e-mail address, and telephone number of the attorney representing (name ofparty) , who issues or requests this subpoena, are: Sigrid McCawley Boies, Schiller & Flexner LLP Notice to the person who Issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(aX4). EFTA00615534 AO 888 (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No. 15-cv-07433-RWS PROOF OF SERVICE (This section should not bellied with the court unless required by Fed. R. Civ. P. 45) I received this subpoena for (name of individual and title, afar& on (date) I served the subpoena by delivering a copy to the named person as follows: on (date) ; or 71 I returned the subpoena unexecuted because: 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 the fees for one day's attendance, and the mileage allowed by law, in the amount of S My fees are $ for travel and S Date: I declare under penalty of perjury that this information is true. Additional infonnation regarding attempted service, etc.: for services, for a total of $ 0.00 Server's signature Printed name and tide Server's address EFTA00615535 (c) Place of Compliance. (1) For a Trial, !fearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within :00 miles of where the person resides. is employed, or regularly trarnacts business in person; or (B) within the state where the person resides, is employed, or regularly transacts business in person, if the person (I) is a party or a party's officer; or (ii) is commanded to auend a trial and would not incur suhstantial expense. (2) For Other Discovery. A subpoena may command: (A) production of documents. electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and (B) inspection of premises at the premises to be inspected. (4) Protecting a Person Subject to a Subpoena; Enforcement. (1) Avoiding Undue Harden or Expense; 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 court for the district where compliance is required 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 fails 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 place 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—or to producing electronically stored information in the form or fonts requested. The objection must be saved 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 any time, on notice to the commanded person, the serving party may move the court for the district where compliance ie required 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 nor a party's officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required On timely motion, the court for the district where compliance is required must quash or modify a subpoena that: (I) fails to allow a reasonable time to comply; (U) requires a person to comply beyond the geographical limits specified in Rule 45(c); (Hi) 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, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; or AO 33B (Rev. 02/14) Subpoena to Produce Documents. Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3) Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13) 00 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. (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3XB), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions lithe 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) Duties in Responding to a Subpoena. (I) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. 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) Form for Producing Electronically 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 font 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. (D) inaccessible Electronically 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 that the information is 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(bX2)(C). The court 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 for it. After 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 under seal to the court for the district where compliance is required for a daermination 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 hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it. For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013). EFTA00615536