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Case 1:15-cv-07433-LAP Document 1320-8 Filed 01/03/24 Page 8 of 12
service used ‘was calculated to provide timely actual notice.” Aristocrat Leisure Ltd., 262
F.R.D. at 304 (quoting CareCore, 2008 WL 3833238, at *2 (noting that “nothing in the word
‘delivering’ [in Rule 45(b)(1)] indicates personal service, and a personal service requirement can
be unduly restrictive’); see also Cordius Trust v. Kummerfeld, No. 99 Civ. 3200, 2000 WL
10268, at *2 (S.D.N.Y. Jan. 3, 2000) (holding that because “alternative service by means of
certified mail reasonably insures actual receipt of the subpoena by the witness, the ‘delivery’
requirement of Rule 45 will be met’); JPMorgan Chase Bank, N.A. v. IDW Grp., LLC, No. 08
CIV. 9116(PGG), 2009 WL 1313259, at *2 (S.D.N.Y. May 11, 2009) (“this Court joins other
courts in this District in holding that effective service [of a deposition subpoena] under Rule 45
is not limited to personal service” (internal quotation omitted).
A prerequisite for using means other than personal service is typically that the party
“requesting the accommodation diligently attempted to effectuate personal service.” OceanFirst
Bank v. Hartford Fire Ins. Co., 794 F. Supp. 2d 752, 754 (E.D. Mich. 2011) (citing Franklin v.
State Farm Afire and Casualty Co., 2009 WL 3152993, at *2 (E.D. Mich. 2009). Here, Ms.
Giuffre has diligently attempted to make personal service on each of the three individuals,
having made multiple attempts to personal service them, including going to different locations at
different times on different days, and attempting to reach them through their attorneys. See
McCawley Decl. at Exhibit 4, Affidavit of Douglas G. Mercer, Chief Investigator Alpha Group.
Indeed, it appears that the only reason that personal service has been unsuccessful thus far is that
the important witnesses Ms. Giuffre is attempting to serve are fully aware of her efforts and are
attempting to evade service. This Court will recall that efforts to evade service are a familiar
practice of Jeffrey Epstein and his colleagues. As described in earlier pleadings in this case, for
example, the Defendant herself refused to comply with a deposition subpoena in an earlier case
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Document Details
| Filename | Giuffre_Maxwell_Batch1_p00119.png |
| File Size | 326.5 KB |
| OCR Confidence | 94.3% |
| Has Readable Text | Yes |
| Text Length | 2,200 characters |
| Indexed | 2026-02-04 12:32:21.045269 |