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Case 1:15-cv-07433-LAP Document 1331-36 Filed 01/05/24 Page 6 of 10 his video deposition is the functional equivalent of an in-person assertion, the distance of travel required and the expenses which would be incurred—here, not just the cost of travel to New York but also additional legal fees for representation during his testimony—would impose a substantial and unwarranted burden on Mr. Epstein. Fed. R. Civ P. 45(d)(3)(A)(iv) provides that the court for the district where compliance is required must quash a subpoena that “subjects a person to undue burden.” “An evaluation of undue burden requires the court to weigh the burden to the subpoenaed party against the value of the information to the serving party.” Travelers Indem. Co. v. Metro. Life Ins. Co.,228 F.R.D. 111, 113 (D. Conn. 2005). “Whether a subpoena subjects a witness to undue burden within the meaning of [Rule 45(d)(3)(A)(iv)] ‘depends upon such factors as relevance . . . and the burden imposed.’” Garneau v. Paquin, 2015 WL 3466833, at *3 (D. Conn. June 1, 2015), quoting In re Application of Operacion y Supervision de Hoteles, S.A., 2015 WL 82007, at *4 (S.D.N.Y. Jan. 6, 2015). See Cusumano v. Microsoft Corp., 162 F.3d 708, 717 (1st Cir. 1998)(‘“concern for the unwanted burden thrust upon non-parties is a factor entitled to special weight in evaluating the balance of competing needs”). Here, forcing Mr. Epstein, a nonparty, to travel to New York to assert his Fifth Amendment privilege in front of the jury would add no “value” to either plaintiffs or defendant’s case beyond whatever may be afforded by Mr. Epstein’s assertion of his Fifth Amendment privilege at his video deposition, nor would Mr. Epstein’s personal appearance at trial add anything of relevance to the parties’ cases beyond that which the jury could observe in Mr. Epstein’s video deposition testimony. Given the wholesale lack of value or relevance of Mr. Epstein’s personal appearance before the jury, the burdens to which such an appearance would subject him should be controlling. This is