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Case 9:08-cv-80119-KAM Document 305-3 Entered on FLSD Docket 09/17/2009 Page 8 of 11
Case 9:08-cv-80119-KAM Document 296 Entered on FLSD Docket 09/11/2009 Page 8 of 33
Page 8
also prepared affidavits regarding Jane Does 2, 3, 5, 6, and 7, which are attached to DE
247.
Memorandum Of Law
20. Plaintiffs' motion is required to be denied as they have failed to meet their burden
showing the "extraordinary circumstances" necessary to establish good cause to support a
protective order which would grant the extraordinarily rare relief of preventing a named party
from attending in person the deposition of another named party. Also requiring denial of
Plaintiffs' motion is the fact that it seeks to exclude Epstein from all the depositions of all the
Plaintiffs in actions before this Court. Such relief is unprecedented and attempts to have this
Court look at the Plaintiffs' collectively as opposed to analyzing each case based on facts versus
broad speculation whether "extraordinary circumstances" exist on a case by case basis. In other
words, the standard is such that the Court would be required to determine whether each Plaintiff
has met her burden, should the Court consider adopting such extraordinary relief. On its face,
the motion does not meet the necessary burden as to Jane Doe 4, or Jane Does 2, 3, 5, 6, or 7.
Discussion of Law Requiring the Denial of the Requested Protective Order
Rule 26(c)(1)(E), Fed.R.Civ.P. (2009), governing protective orders, provides in relevant
part that:
(1) In General. A party or any person from whom discovery is sought may move for
a protective order in the court where the action is pending--or as an alternative on
matters relating to a deposition, in the court for the district where the deposition will
be taken. The motion must include a certification that the movant has in good faith
conferred or attempted to confer with other affected parties in an effort to resolve the
dispute without court action. The court may, for good cause, issue an order to
protect a party or person from annoyance, embarrassment, oppression, or
undue burden or expense, including one or more of the following:
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(E) designating the persons who may be present while the discovery is conducted;
03956-11001
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