UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x IN RE APPLICATION TO QUASH SUBPOENAS TO DAILY NEWS, L.P., AND GEORGE RUSH x No. 10 M8-85 (LLM) NOTICE OF MOTION COUNSELORS: PLEASE TAKE NOTICE that, upon the annexed reply memorandum of law, Reply Declaration of Anne B. Carroll, and Supplementary Affidavit of George Rush, Daily News, L.P., and Daily News Journalist George Rush will move this Court in the Part One of the United States Courthouse, 500 Pearl Street, New York, New York, on May 4, 2010, or as soon thereafter as counsel can be heard, for an Order pursuant to Fed. R. Civ. Proc. 45(c)(3)(A)(iii) quashing subpoenas for an evidentiary hearing served on them by plaintiff in an action pending in the United States District Court for the Southern District of Florida captioned Jane Doe v. Jeffrey Epstein, No. 08-cv-80893-KAM, based on the qualified reporter's privilege accorded by the First Amendment to the United States Constitution and federal common law; or in the alternative for a Protective Order pursuant to Fed. R. Civ. Proc. 26(c)(1). EFTA00207357 PLEASE TAKE FURTHER NOTICE that plaintiff's opposing affidavit and other papers must be served no later than May 4, 2010. Dated: New York, New York May 4, 2010 Respectfully submitted, ( -40414assie Laura R. Handman, Esq. Davis Wright Tremaine LLP oY rk, 0019 Anne B. Carroll (AC-5322) Deputy General Counsel New Yorl New York 10001 Attorneys for Movants Daily News, L.P. and George Rush TO: Bradley James Edwards FARMER WESSING EDWARDS Fort Lauderdale. Florida 33301 Paul G. Cassell S.J. QUINNEY COLLEGE OF LAW AT THE UNIVERSITYS OF UTAH Salt Lake Ci Utah 84112-730 EFTA00207358 Attorneys for Plaintiff Jack Alan Goldberger ATTERBURY GOLDBERGER & WEISS, P.A. West Palm Beach, Florida 33401-5012 Attorneys for Defendant EFTA00207359