Epstein Secrets

claim of Fifth Amendment privilege and must be responded to within fifteen (15) days from the date hereof. DONE AND ORDERED this August 4, 2009, in Chambers, at West Palm Beach, Florida. LINNEA R. JOHIJ2UN UNITED STATES MAGISTRATE JUDGE CC: The Honorable Kenneth A. Marra All Counsel of Record 22 E

ances where the act of producing documents in response to a subpoena or production request has a compelled testimonial aspect. See United States v. Hubbell, 530 U.S. 27, 35-36 (2000). Thus, where the existence or location of the requested documents are unknown, or where production would "implicitly aut

DENIED; and, (3) Plaintiffs Motion to Compel Answers to Interrogatories (D.E.#196 and #212) Is DENIED. DONE AND ORDERED this February 4, 2010, in Chambers, at West Palm Beach, Florida. o LINNEA R. J ON UNITED STA S MAGISTRATE JUDGE CC: The Honorable Kenneth A. Marra All Counsel of Record 14 E

ing assertions of fact or belief, because the creation of those documents was not 'compelled' within the meaning of the privilege? United States v. Hubbell, 530 U.S. 27, 35-36 (2000). However, in certain instances, "'the act of production' itself may implicitly communicate 'statements of fact."' Id. Fo

claim of Fifth Amendment privilege and must be responded to within fifteen (15) days from the date hereof. DONE AND ORDERED this August 4, 2009, in Chambers, at West Palm Beach, Florida. 0 eins.O-"-- LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE CC: The Honorable Kenneth A. Marra All Counsel of R

ng assertions of fact or belief, because the creation of those documents was not 'compelled' within the meaning of the privilege." United States v. Hubbell, 530 U.S. 27, 35-36 (2000). However, in certain instances, "'the act of production' itself may implicitly communicate 'statements of fact.' Id. For

ndant's possession or immediate control, must produce a release with regard to same within five (5) days from the date hereof. DONE AND ORDERED in Chambers, in West Palm Beach Florida, this 4th day of March, 2010. 4-" 0 477,6-09‘.. LINNEA R. JOHN„S N UNITED STATE MAGISTRATE JUDGE CC: The Hon. Ke

ng assertions of fact or belief, because the creation of those documents was not 'compelled' within the meaning of the privilege." United States v. Hubbell, 530 U.S. 27, 35-36 (2000). However, in certain instances, "'the act of production' itself may implicitly communicate 'statements of fact.'" Id. Fo

is DENIED; and, (3) Plaintiff's Motion to Compel Answers to Interrogatories (D.E.#196 and ) is DENIED. DONE AND ORDERED this February 4, 2010, in Chambers, at West Palm Beach, Florida. LINNEA R. JOfr,IN ON UNITED STATES MAGISTRATE JUDGE CC: The Honorable Kenneth A. Marra All Counsel of Record 14

tion does not extend to documents whose existence is known to the government or is a foregone conclusion. Fisher, 425 U.S. at 410; United States 1. Hubbell, 530 U.S. 27, 44 (2000); United States I. Ponds, 454 F.3d 313, 325 (D.C. Cir. 2006). Thus, while the Fifth Amendment covers situations where the ac