Case Document Filed Page of EXHIBIT Case Document Filed Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VIRGINIA GIUFFRE Plaintiff GHISLAINE MAXWELL Defendant NOTICE OF SERVICE OF RULE SUBPOENA UPON APPLE INC PLEASE TAKE NOTICE THAT pursuant to Rule of the Federal Rules of Civil Procedure Defendant Ghislaine Maxwell hereby provides Notice of Service of Subpoena upon Apple Inc A copy of the Subpoena is attached to this Notice Dated June Respectfully submitted Laura A Menninger Laura A Menninger HADDON MORGAN AND FOREMAN P.C East th Avenue Denver CO Phone Fax lmenninger hmflaw.com Attorneys for Ghislaine Maxwell Case Document Filed Page of CERTIFICATE OF SERVICE I certify that on June I electronically served this NOTICE OF SERVICE OF RULE SUBPOENA UPON APPLE INC via Email on the following Sigrid Mccawley Meridith Schultz Borns SCHILLER FLEXNER LLP East Las Olas Boulevard Ste Ft Lauderdale FL smccawley bsfllp.com mschultz bsfllp.com Bradley Edwards FARMER JAFFE WEISSING EDWARDS FISTOS LEHRMAN P.L North Andrews Ave Ste Ft Lauderdale FL brad pathtojustice.com Paul Cassell University Street Salt Lake City UT cassellp law.utah.edu Stanley Pottinger Twin Lakes Rd South Salem NY tanPottinger ao I com I Nicole Simmons Nicole Simmons Case Document Filed Page of AO Rev Subpoena to Produce Documents lnfonn tion or jects or to nnit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT Virginia Giuffre Pl a in if Ghislaine Maxwell Defendan1 for the Southern District ofNew York Civil Action No SUBPOENA TO PRODUCE DOCUMENTS INFORMATION OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To Apple Inc C/O CT Corporation System Registered Agent West 7th St Suite Los Angeles CA Name of person to whom this subpoena is directed 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 See Attachment A Place Laura Menninger Haddon Morgan Foreman PC 10th Ave Denver CO Date and Time pm 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 I Date and nrnec The following provisions of Fed Civ are attached Rule relating to the place of compliance Rule relating to your protection as a person subject to a subpoena and Rule and relating to your duty to respond to this subpoena and the potential consequences of not doing so Date CLERK OF COURT Signature of Clerk or Deputy Clerk The name address e-mail address and telephone number of the attorne resenting name ofpany who issues or requests this subpoena are Laura Menninger Haddon Morgan Foreman PC East 10th Ave Denver Colorado lmenninger bmflaw cam Notice to the person who issues or requests this subpoena 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 Civ a Case Document Filed Page of AO Rev Subpoena to Produc Documents lnfon11ation or Objects or to Pennit Inspection of Premis in a Civil Action Page Civil Action No PROOF OF SERVICE This section should not he.filed with the court unless required by Fed Civ I received this subpoen a for am of in divid al a nd i if an on dat I serv the subpoena by deliv ring a copy to the named person as follows on da or I returned the subpoena unexecuted because Unless the subpoena was issued on beh a lf of the United States or one of it officers or agents I have also tende ed to the witness the fees for on days attendance and the mileage allowed by law in the amount of My fe es are for trav and for services for a total of I declare under pen a lty of perjury that this information is true Date Serve signa ure Prinled name and title Servers address Additional information regarding attempted service etc Case Document Filed Page of AO Rev Subpoena to Produce Documents lnfonnation or Objects or to Pcnnit Inspection of Premises in a Civil Action Page Federal Rule of Civil Procedure and Effective PIHce of Compliance For Trial Henri11g or Depositio11 A subpoena may command a person to attend a trial hearing or deposition only as follows A wi1hin miles of where the person resides is employed or regularly transacts business in person or within the state where the person resides is employed or regularly transacts business in person if the person i is a party or a partys officer or ii is commanded to attend a trial and would not incur substantial expense For Other Discovery A subpoena may command A production of documents electronically stored information or tangible things at a place within JOO miles of where the person resides is employed or regularly transacts business in person and inspection of premises at the premises to be inspected Protecting a Person Subject to a Subpoena Enforcement I Avoitli11g Bunle11 or Expense Smrctio11s A party or attorney responsible for issuing and serving a subpoena mnst 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 attorneys fees-on a party or attorney who fails to comply Co1a11tl to Protluce Muterials or Permit J11spectio11 A Appearance Not Req11ired 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 inspec ion unless also commanded to appear for a deposition hearing or trial Objections A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attoruey 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 form requested The objection must be served before the earlier of the time specified for compliance or days after the subpoena is served fan objection is made the following rules apply i At any time on notice lo the commanded person the serving party may move the court for the district where compliance is 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 partys officer from significant expense resulting from compliance Quashing or Mo1lijj,illg Subpoe1 A When Required On timely motion the court for the district where compliance is required must qua or modify a subpoena that i fails to allow a reasonable time to comply ii requires a person to comply beyond the geographical limits specified in Rule i requires disclosure of privileged or other protected matter ifno exception or waiver applies or iv subje ts a person to undue burden 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 ii disclosing an unrelained expert opinion or information that does not describe specific occurrences in dispute and results from the expert study that was not requested by a party Specifying Condi1io11s as an Alternative In the circumstances described in Rule the court may instead of quashing or modifying a subpoena order appearance or production under specified conditions if the 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 compens a ted Duties in Responding to a Subpoena Pro1fuci11g Doc11me11ts or Electro11ic11ffy Stored hiform11tio11 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 kepi in the ordinary course of business or must organize and label them lo correspond to the categories in the demand Form for Producing Electronically Stored Jriformation Not Specified If a subpoena does not specify a form for producing electronically stored information the person responding must produce it in a fom1 or forms in which it is ordinarily maintained or in a reasonably usable form or fonns Electronically Stored Information Produced in Only One Form The person responding need not produce the same electronically stored information in more than one form Inaccessible Electronically S!or lriformation The person responding need not provide discovery of electronically stored iufonnation 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 The court may specify conditions for the discovery Claiming Privilege or Protection A nformatio Wilhheld 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 clai1 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 lo assess the claim Jriformalion Prod11ced lfinfonnation 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 infonnation and any copies it has must not use or disclose the information until the claim is resolved must lake reasonable steps to retrieve the information if the party disclosed ii before being notified and may promptly present the information under seal to the court for the district where compliance is required for a determination of th claim The person who produced the information must preserve the information until tl1e claim is resolved Contempt The court for the district where compliance is required-and also alter a motion is transferred the issuing court-may hold in contempt a person who having been served foil without adequate excuse lo obey the subpoena or an order related to it For acce to subpoen materials Fed Civ a Committee Note Case Document Filed Page of ATTACHMENT A DEFINITIONS Any means any and all You or Your means Apple Inc and any employee agent attorney consultant assignee related entities or other representative of You Agent shall mean any agent employee officer director attorney independent contractor or any other person acting or purporting to act at the discretion of or on behalf of another Document is intended to be defined as broadly as permitted by Rule and includes every writing or record of every type and description that is or has been in Your possession custody or control or of which You have knowledge including but not limited to emails text messages instant messages videotapes photographs notes letters memoranda forms books magazines resumes notebooks ledgers journals diaries calendars appointment books papers agreements contracts invoices analyses transcripts plaques correspondence telegrams drafts data processing or computer diskettes and CD disks tapes of any nature and computer interpretations thereof instructions announcements and sound recordings of any nature Document also means all copies which are not identical to the original document as originally written typed or otherwise prepared The term Document shall also include all documents of any nature that have been archived or placed in permanent or temporary storage including electronic st01;age Communication means any transmission or exchange of information between two or more persons orally or in writing or otherwise and includes but is not limited to any correspondence conversation or discussion whether face-to-face or by means of telephone email text message electronic message via apps such as Facebook Whats App Snapchat LinkedIN or similar or other media or Documents Virginia Roberts Giuffre means Virginia Giuffre formerly known as Virginia Roberts date of birth August the Plaintiff in the above captioned matter Identify means to specify as to a Person the name address telephone number and any other identifying information possessed by You Person means any natural person individual firm partnership association joint enture estate trust receiver syndicat enterprise or combination corporation or other legal business or government entity Regardless of the tense employed all verbs should be read as applying to the past present and future as is necessary to make any paragraph more rather than less inclusive Case Document Filed Page of With respect to any Documents withheld on the basis of a privilege provide a log consistent with Local Rule of the Federal Rules of Civil Procedure for the Southern District of New York INSTRUCTIONS Production of documents and items requested herein shall be made Laura Menninger lh Haddon Morgan Foreman Ave Denver Co no later than June at p.m Alternatively you may provide the records electronically by that date and time to Laura Menninger at LMenninger HMFLaw.com or by such other method as agreed upon with counsel for the subpoenaing party This Request calls for the production of all responsive Documents in your possession custody or control without regard to the physical location of such documents If any Document was in your possession or control but is no longer state what disposition was made of said Document the reason for the disposition and the date of such disposition In producing Documents if the original of any Document cannot be located a copy shall be produced in lieu thereof and shall be legible and bound or stapled in the same manner as the original Any copy of a Document that is not identical shall be considered a separate document All Documents shall be produced in the same order as they are kept or maintained by you in the ordinary course of business Responsive electronically stored information ESI shall be produced in its native form that is in the form in which the information was customarily created used and stored by the native application employed by the producing party in the ordinary course of business Defendant does not seek and does not require the production of multiple copies of identical Documents Unless otherwise specified the time frame of this request is from to present This Request is deemed to be continuing If after producing these Documents you obtain or become aware of any further info1ation Documents things or information responsive to this Request you are required to so state by supplementing your responses and producing such additional Documents to Defendant Case Document Filed Page of DOCUMENTS TO BE PRODUCED All Documents associated with the account Robiejennag icloud.com including the date on which it was opened and closed and any identifying information as to the party who opened or closed the account All Documents including emails associated with the account Robiejennag icloud.com including the date sent or received and the content thereof
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