Case Document Entered on FLSD Docket Page of that a party may not seek discovery from any source before the parties have conferred as required by Rule Mr Kuvin on behalf of his client has not complied with Rule and therefore the subpoena for deposition must be stricken/quashed and a Protective Order should be entered pursuant to Rule forbidding the deposition from occurring for non-compliance with the applicable rules In Varo Inc Litton Systems Inc F.R.D N.D TX the court held that one cannot be compelled to comply with a withdrawn subpoena Id Likewise the court here cannot compel Maritza Milagros Vasquez to attend any deposition when the subpoena itself is invalid especially when it will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 Next Mr Brad Edwards counsel for Jane Doe cross-noticed Maritza Milagros Vasquezs deposition in Jane Doe Exhibit which matter is already set for trial in July Discovery concluded on May see DE 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 counsels failure to comply with Rule and discovery in Jane Doe has concluded Rule Certification I hereby 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 Defendants motion for protective order and motion to quash Defendant further requests that this Court award his attorneys fees and costs associated with this motion accordance with Rule Fed.R.Civ.P and applicable Local Rules and specifically a Quash CLs subpoena attached as Exhibit A I Case Document Entered on FLSD Docket Page of Quash and/or strike Jane Does cross notice as to Exhibit A because Exhibit A is invalid and discovery has concluded in Jane Doe Award attorneys to Defendant for CL and Jane Does noncompliance with these discovery matters and for such other and further relief as this co Certificate of Service I HEREBY CERTIFY that a true 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 th day of June rcrit bclclaw.com JR ESQ MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Flagler Drive Suite West Palm Beach FL Phone Fax Counsel for Defendant Jeffrey Epstein Certificate of Service Jane Doe No Jeffrey Epstein Case No 08-CV-80119-MARRA/JOHNSON Stuart Mermelstein Esq Adam Horowitz Esq Mermelstein Horowitz P.A Biscayne Boulevard Brad Edwards Esq Rothstein Rosenfeldt Adler East Las Olas Boulevard Suite Case Document Entered on FLSD Docket Page of Suite Miami FL Fax ssm sexabuseattomey.com ahorowitz sexabuseattomey.com Counsel for Plaintiffs In related Cases Nos Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian A venue South Suite West Palm Beach FL Fax jagesq bellsouth.net Counsel for Defendant Jeffrey Epstein Fort Lauderdale FL Fax bedwards rra-law.com Counsel for Plaintiff in Related Case No Paul Cassell Esq Pro Hae Vice South Room Salt Lake City UT Fax cassellp law utah edu Co-counsel for Plaintiff Jane Doe Isidro Garcia Esq Garcia Law Firm P.A Datura Street Suite West Palm Beach FL isidrogarcia bellsouth.net Counsel for Plaintiff in Related Case No I Case Document Entered on FLSD Docket Page of AO Rev Sub ocna to Testify at a Deposition in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida C.L Plaintiff Civil Action No 10-80447-c;v-Marra/Johnson JEFFREY EPSTEIN If the action is pending in another district state where Defendant SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To MARITZA MILAGROS VASQUEZ SW ST TERRACE APT MIAMI FL 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 267managing 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 BRICKELL AVENUE SUITE MIAMI FL Date and Time am The deposition will be recorded by this method VIDEOGRAPHER AND COURT REPORTER CJ Production You or your representatives must also bring with you to the deposition _the following documents electionically stored information or objects and pennlt their inspection copying testing or sampling of the material The provisions f:Fed Civ relating to yout protection a person subject to a subpoena and Rule and relating to your duty to respond to this subpo1ma and the potential consequences of not doing so are attached Date CLERK OF COURT OR Signature of Clerk orbeputy Clerk Attorneys signature The name dress e-mail and telephone number of the attorney represenfo1g name of party C.L who issues oi requ!Sts this subpoena are SPENCER KUVIN ESQ.,LEOPOLD-KUVIN,P.A PGABOULEVARD SUITE PALM BEACH GARDENS FLORIDA I Case Document Entered on FLSD Docket Page of AO Rev Subpoena to Testify at a Deposition in a Civil Action Page Civil Action No 10-80447-cv.;.Marra/Johnson PROOF OF SERVICE This section should not be flied with the court unless required by Fed Civ This subpoena for name of individual and title if any was received by me on date Cl I served the subpoena by delivering a copy to the named individual as follows on date Cl I returned the subpoena unexecuted because or 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 fees for one days attendance and the mileage allowed by law in the amount of My fees are for travel and for services for a total of I declare under penalty of perjury that this information is true _Date Servers signah;lre Printed name and title Servers address Additional information regarding attempted service etc I Case Document Entered on FLSD Docket Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE Plaintiff Vs CASE NO 08-CV-80893-CIV-MARRAIJOHNSON JEFFREY EPSTEIN et al Defendant Related Cases I PLAINTIFFS 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 Maritza Milagros Vasquez DATE AND TIME PLACE OF TAKING DEPOSITON June Intelligent Office Brickell Avenue Suite Miami FL 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 II Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON 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 to See attached service list Bradley Edwards Farmer Jaffe Weissing Edwards Fistos Lehrman PL Andrews Ave Suite Fort Lauderdale FL fax BRADLEY EDWARDS Florida Bar No Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON SERVICE LIST Jane Doe Jeffrey Epstein United States District Court Southern District of Florida Jack Alan Goldberger Esq Jqoldberger agwpa.com Robert Critton Esq rcritton bclclaw.com Isidro Manual Garcia isidrogarcia bellsouth.net Jack Patrick Hill iph searcylaw.com Katherine Warthen Ezell KEzell podhurst.com Michael James Pike MPike bclclaw.com Paul Cassell cassellp law.utah.edu Richard Horace Willits lawyerswillits aol.com Robert Josefsberg rjosefsberg pod hu rst.com Adam Horowitz ahorowitz sexabuseattorney.com Stuart Mermelstein ssm sexabuseattorney.com
