Epstein Secrets

ested documents, as to their authenticity, and as to the defendant's selection of them as meeting the requests for production. ate 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 auth

spute and (2) a compelling need for the tax returns exists because the information contained therein is not otherwise available. W. at *2; see also Dunkin Donuts, Inc. v. Marv's Donuts, Inc., 2001 WL 34079319 (S.D. Fla. 2001); EFTA00317234 Case 9:08-cv-80119-KAM Document 545 Entered on FLSD Docket 05/12/201

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

EFTA00723248 Case 9:08-cv-80119-KAM Document 242 Entered on FLSD Docket 08/04/2009 Page 14 of 22 unreasonable or otherwise unduly burdensome."); Dunkin Donuts, Inc. v. Mary's Donuts, Inc., 2001 WL 34079319 (S.D. Fla. 2001)("the burden of showing that the requested information is not relevant to the issues

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

FTA00728606 Case 9:08-cv-80119-KAM Document 242 Entered on FLSD Docket 08/04/2009 Page 14 of 22 unreasonable or otherwise unduly burdensome."); Dunkin Donuts, Inc. v. Mary's Donuts, Inc., 2001 WL 34079319 (S.D. Fla. 2001)("the burden of showing that the requested information is not relevant to the issues