Page 12 2009 U.S. Dist. LEXIS 139535, * be compelled to admit that such documents existed, admit that the documents were in his possession or control, and were authentic. In other words, the very act of production of 25] the category of documents requested would implicitly communicate "statements of fact." Epstein's Resp. Brief, p.22. According to Epstein, the "act of production might not only provide evidence to support a conviction, but also a link in the chain of evidence for prosecution. Such compulsion to produce is the same as being compelled to testify." Id. The documents requested fall into several different categories consisting of agreements with the U.S. Attorney and State Attorney, and documents exchanged between the Defendant and the U.S. Attorney (Requests 1-4), telephone records (Requests 5-6), videos of Epstein's Palm Beach residence (Request 7), documents relating to Plaint (Request 8), air travel records (Request 10), documents relating to model agencies ( equest 11), correspondence with other witnesses (Request 14-17, 19), social networking documents (Request 18), gifts to minor females (Request 20), personal calendars and diaries (Requests 21-22), and, prescription medicines (Request 23).2 2 On page 5. footnote 6 of Plaintiffs Reply Brief. Plaintiff concedes that the act of producing items in response to Request 9. concerning witness statements. and Requests 12-13. concerning photographs or images of females. may implicate the Fifth Amendment. As such. Epstein's assertion of his Fifth Amendment privilege as it relates to these requests stands and Epstein need not produce documents responsive to Requests 9. 12-13.. Defendant's Motion as it relates to Production Requests 1, 2, 3, 4, 6, 8, 14, 15, 16, 17 and 20 is denied. The very act of producing documents in response to these requests [' 26] is testimonial in nature, in that by production, Epstein would be implicitly communicating "statements of fact," to which the Fifth A