Epstein Secrets

94-KAM Document 92 Entered on FLSD Docket 05/28/2010 Page 2 of 10 3 Fisher v. United States, 425 U.S. 391, 410 (1976) and United States v. Hubbell, 530 U.S. 27, 35- 36 (2000). As noted by the Magistrate Judge, “Defendant cannot reasonably and in good faith argue that in producing these documen

ore tax information may be obtained by a party in discovery.” Bellosa v. Universal Tile Restoration, Inc., 2008 WL 2620735 (S.D. Fla. 2008) (citing Maddow v. Procter & Gamble Co., 107 F.3d 846 (11th Cir. 1997)); accord U.S. v. Certain Real Property, 444 F.Supp. 2d 1258 (S.D.Fla. 2006); Platypus Wear, I

, 2001 WL 34079319 (S.D. Fla. 2001), in which the Court applied the higher standard. These cases do not consider the Eleventh Circuit’s opinion in Maddow, and the federal judges in this District over the past five years since Pendlebury have consistently rejected the “compelling need” standard for pro

es, 425 U.S. 391, 410 (1976) and United States v. Hubbell, 530 U.S. 27, 35- 36 (2000). As noted by the Mag

, Inc., 2008 WL 2620735 (S.D. Fla. 2008) (citing Maddow v. Procter & Gamble Co., 107 F.3d 846 (11th Cir.

o not consider the Eleventh Circuit’s opinion in Maddow, and the federal judges in this District over the

returns is not privileged. See United States v. Hubbell Defendant further argues in the alternative tha

0258 (S.D. Fla. 2008) (citing cases relying upon Maddow v. Procter & Gamble Co., 107 F.3d 846 (11th Cir.

t patterns have asked whether the government was aware of the documents’ existence apart from any actions of the defendant. Thus, United States v. Hubbell, 530 U.S. 27 (2000), rejected the Government’s argument that it was a foregone conclusion that the defendant possessed “ordinary business records.”

nte Way, Delray Beach, Fla., 444 F.Supp.2d 1258, 1263 -1264 (S.D.Fla.,2006), he explained that this claim of a higher standard had been rejected by Maddow v. Procter & Gamble Co., Inc., 107 F.3d 846, 853 (11th Cir.1997): Despite the fact that some Courts within the Southern District of Florida have r