IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, V. SCOTT ROTHSTEIN individually. , individually, J. and L.M., -0 rn r Defendants. DEFENDANT Defendant, - r - -, J. J. co MOTION TO APPOINT COMMISSIONER , files Mopon to Appoint Commissioner and states: 1. Defendant wishes to dep0lte ?Srl th ecords Custodian of The New York Daily A y6-. News around July :3 I , 2010 in New ork, NY. The deposition duces tecum notice for this witness is attached to this Motion. 2. New York law does not authorize the issuance of a subpoena for the taking of a depositio ess a commission has been appointed. Accordingly, the defendant moves fo 1O e a pointment of Metro Attorney Service, Inc., 305 Broadway, 14th Floor, New Y 10007 as the commissioner to take the deposition duces tecum of the Records Custodian of The New York Daily News. WHEREFORE, Defendant, J. , respectfully requests that this Honorable Court grant his Motion to Appoint Commissioner. EFTA02761323