FILED: NEW YORK COUNTY CLERK 08/21/ :30 PM INDEX NO /2017 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 08/21/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x SUMMER ZERVOS, Index No /2017 Plaintiff, -against- SUBPOENA DUCES TECUM DONALD J. TRUMP, Defendant. x TO: Trump Organization LLC1 c/o Alan Garten, Esq th Avenue New York, New York ATTENTION: LEGAL PAPERS SERVED YOU ARE HEREBY COMMANDED, that all business and excuses being laid aside, you produce, at the offices of Cuti Hecker Wang LLP located at 305 Broadway, Suite 607, New York, New York, 10007, on or before August 31, 2018, any and all documents set forth in the attached Schedule A now in your custody. Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. Dated: August 10, 2018 New York, New York Mariann Meier Wang Cuti Hecker Wang LLP 305 Broadway, Suite 607 New York, New York (212) Attorneys for Plaintiff 1 Plaintiff's position is that a subpoena is unnecessary because Defendant had an obligation both to preserve and direct the collection of information and documents as a party to this case, and as a person who has the ability to control, access and preserve materials and information at the Trump Organization, LLC. This subpoena is being served only with that objection and a full reservation of all rights.

2 Page 1 of 9 SCHEDULE A DEFINITIONS 1. Complaint: The term "Complaint" means the Complaint filed in this action in New York County Supreme Court on January 17, 2017, Index No / "You," "Your," or "Trump Organization" refers to the Trump Organization LLC and its predecessors, successors, parents, subsidiaries, divisions, affiliates, directors, officers, partners, shareholders, managers, attorneys, employees, agents, and representatives. 3. The term "document" means any item, whether printed, recorded, reproduced, and/or stored by any electronic, mechanical and/or other process (including without limitation information stored on any hard drive, computer server, and/or in the cloud), or written or produced by hand or any other method: communications, agreements, stipulations, notices, pleadings, notes, drafts, reports, diary entries, schedules, correspondence, mailing or courier receipts or records, electronic mail (whether sent, received, and/or in draft, from all accounts including any and all business and/or personal accounts), texts, tweets, social media posts, memoranda, financial records, tax returns, receipts, bank account records, accounting summaries, financial projections, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, drawings, sketches, tracings, maps, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions or reports of consultants, photographs, video recordings (including summaries thereof), audio recordings (including summaries thereof), motion picture films, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal comments appearing on any document and all other writings. A draft or non-identical copy is a separate document within the meaning of this term. The enumeration of various specific items as included in the defmition 1

3 Page 2 of 9 of the term "document" shall not be taken to limit the generality of the term, and this subpoena is intended to identify all documents in the broadest and most comprehensive meaning of the term. 4. "Concerning" means related to, relating to, consisting of, referring to, pertaining to, concerning, constituting, describing, evidencing, substantiating, reflecting, supporting, prepared in connection with, used in preparation for, or being in any way legally or logically connected to the matter described or discussed. 5. The term "communication" refers to any transfer of information, ideas, opinions, or thoughts by any means, at any time or place, under any circumstances, and is not limited to written or oral transfers between natural persons, but includes all other transfers, including electronic or digital transfers, transfers of information stored on computer disk or in computer memory, and memoranda to file. 6. Words in the singular form include the plural and vice versa. Words in the past tense include the present and vice versa. 7. The words "and" as well as "or" shall be construed both conjunctively as well as disjunctively. 8. The word "each" shall be construed to include "every" and vice versa. 9. The word "any" shall mean "including but not limited to" and shall not indicate limitation to the examples or items mentioned. INSTRUCTIONS 1. Upon receiving this subpoena, you shall preserve and maintain until further notice all responsive documents which are in your possession, custody, or control, or in the possession, custody, or control of your predecessors, successors, parents, subsidiaries, divisions or affiliates, or any of your respective directors, executives, officers, partners, managing agents, agents, 2

4 Page 3 of 9 employees, attorneys, accountants, or any other representative. A document shall be deemed to be within your control if you have the ability or right to secure the document or a copy of the document from another person having possession or custody of the document. 2. This subpoena is intended to cover all documents in your possession, custody, or control, whether located at any of your offices or at the offices of your attorneys, agents, representatives, or at any other place. 3. When an individual, partnership or other non-corporate entity is referred to herein, such reference shall be construed to include that individual, partnership, or other non-corporate entity in any capacity and all and any agents, employees, representatives, attorneys, members, family members, predecessors and successors in interest, afñliates, departments or divisions and all other persons or entities acting on his/her/its behalf or under his/her/its control, whether in the past or the present. 4. This subpoena is continuing in nature. If, after responding, you obtain or become aware of any further documents that are responsive to this subpoena, they should be preserved and maintained as described herein. 5. All electronically stored information shall be produced in its native format, i.e. the format in which it is ordinarily used and maintained during the normal course of business. 6. Unless otherwise specified, all requests seek documents from January 1, 2005 to the present. REQUESTS 1. All documents concerning Summer Zervos. 2. All documents concerning any communications with or concerning Summer Zervos, including without limitation all communications to or from Donald J. Trump, Rhona Graff, Hope 3

5 Page 4 of 9 Hicks, Michael Cohen, Keith Schiller, and/or any other Trump Organization employee or agent with or concerning Summer Zervos, including without limitation all s, texts, and phone records reflecting calls made to or from or concerning Summer Zervos. 3. All documents concerning the Beverly Hills Hotel, including without limitation communications, receipts, invoices, schedules, and itineraries in or around 2007 and 2008 and/or reflecting or concerning any common practice or approach to booking or reserving accomodations for Donald J. Trump at the Beverly Hills Hotel at any time. 4. All documents concerning Donald J. Trump's travel or trips to California in or around November 2007 through February 2008, including any communications, receipts, invoices, credit card statements, schedules, itineraries, flight records, flight manifests, and any documents concerning Donald J. Trump's meetings with or intended meetings with Summer Zervos. 5. All documents concerning Donald J. Trump's travel or trips to Nevada in or around November 2007 through February 2008, including without limitation any communications, receipts, invoices, credit card statements, schedules, itineraries, diary entries, handwritten notes, logs, and flight records or manifests. 6. All documents concerning Donald J. Trump's presence, in or around November 2007 through February 2008, at (1) his office in New York, (2) the Beverly Hills Hotel, and/or (3) the golf course in Palos Verdes, California, including without limitation all itineraries, schedules, diaries, phone logs or records of telephones used by Donald J. Trump during that time period, and/or s or other communications identifying meetings, intended meetings, events, or social interactions including Donald J. Trump during that period, including without limitation all documents concerning his interactions or intended interactions with Summer Zervos at any of those locations at that time. 4

6 Page 5 of 9 7. Documents sufficient to identify how and where any plane that Donald J. Trump owned, rented, leased, controlled, or otherwise used in or around November 2007 through February 2008 was kept and/or used during that period, including without limitation the plane's manifest and/or other flight logs from that time period. 8. All documents concerning Summer Zervos's efforts to obtain employment with the Trump Organization, Donald J. Trump, or any entity or business related to either in any way. 9. All documents concerning a meeting at Trump Tower that Summer Zervos attended approximately around or a few months after the filming of Season 5 of The Apprentice. 10. All documents concerning Summer Zervos's public statements about or concerning Donald J. Trump (including, without limitation, her statements of October 14, 2016, November 11, 2016, and January 17, 2017), including without limitation communications concerning those statements or concerning how, whether, or when to respond to those statements or otherwise describe or react to Ms. Zervos. 11. All documents concerning any efforts to collect information about, influence, cajole, threaten, approach, contact, and/or otherwise suppress or impact Summer Zervos in any way, whether directly or indirectly, including without limitation through her or through her family, her business, and/or her current or former landlords, neighbors, co-workers, employees, friends, acquaintances, boyfriends, and/or attorneys. 12. All documents concerning Summer Zervos's business and/or home at any time, including without limitation Sunny's Restaurant. 13. All documents concerning John Barry, including without limitation any s with or about John Barry, any phone records reflecting calls or communications with or about John 5

7 Page 6 of 9 Barry, and any records or notes of meetings with or about John Barry and/or about statements to be made by or with John Barry and/or drafts or versions of any such statements. 14. All documents concerning any payments in any form made to or for the benefit of, whether directly or indirectly, John Barry. 15. All documents concerning any of the following statements, as listed in the Complaint: a. Donald J. Trump's statement on or about October 14, 2016 in sum or substance: ""To be clear, I never met her at a hotel or greeted her inappropriately a decade ago. That is not life who I am as a person, and it is not how I've conducted my b. A statement issued by Donald J. Trump's campaign on or about October 14, 2016, that, in sum and substance: ""I think Summer wishes she could still be on reality TV, and in an effort to get that back she's saying all of these negative things about Mr. Trump. That's not how she talked about him before. I can only imagine that Summer's actions today are nothing more than an attempt to regain the spotlight at Mr. Trump's expense... c. Donald J. Trump's statement on or about October 14, 2016 at a rally in Charlotte, North Carolina that ""These allegations are 100% false... They are made up, they never happened... It's not hard to find a small handful of people willing to make false smears purposes for personal fame, who knows maybe for financial reasons, political d. Donald J. Trump's tweet, on or about October 15, 2016, stating: "100% fabricated and made-up charges... e. Donald J. Trump's tweet, on or about October 15, 2016, stating: ""the media pushing false and unsubstantiated charges, and outright lies... f. Donald J. Trump's tweet and/or retweet, on or about October 15, 2016, that included the statement: "Summer's actions today are nothing more than an attempt to regain the expense spotlight at Mr. Trump's g. Donald J. Trump's tweet, on or about October 15, 2016 that: "Nothing ever happened with any of these women. Totally made up nonsense to steal the election h. Donald J. Trump's statements, on or about October 15, 2016 at a rally in Portsmouth, New Hampshire: "[T]oday, the cousin of one of these people, very close to her, wrote a letter that what she said is a lie. That she was a huge fan of Donald Trump. That she invited Donald Trump to her restaurant to have dinner, which by the way I didn't go to, didn't even know who the heck we're talking about here. But these allegations have been, many of them already proven so false... and "Total lies, and you've been seeing total lies... you have phony people coming up with phony allegations... 6

8 Page 7 of 9 i. Donald J. Trump's statement, on or about October 15, 2016, at a rally in Bangor, Maine, that these were "false allegations and outright lies, in an effort to elect Hillary Clinton President... False stories, all made-up. Lies. Lies. No witnesses, no nothing. All big lies j. Donald J. Trump's tweet, on or about October 16, 2016, stating: "Polls close, but can you believe I lost large numbers of women voters based on made up events THAT NEVER HAPPENED k. Donald J. Trump's tweet, on or about October 16, 2016, stating that the Clinton news!" Campaign is "putting stories that never happened into the l. Donald J. Trump's tweet, on or about October 17, 2016, stating: "Can't believe these totally phoney stories, 100% made up by women (many already proven false)... m. Donald J. Trump's tweet and/or re-tweet, on or about October 17, 2016 that included Summer Zervos's photograph and the comments: "This is all yet another hoax... "Terrible". n. Donald J. Trump's tweet, on or about October 17, 2016, stating that that the media had put "women front and center with made-up stories and lies Donald J. Trump's statements, on or about October 17, 2016, at a rally in Green Bay, Wisconsin, that: "The media... they take a story, with absolutely nothing, that didn't exist, and they put it [sic] front page news because they want to poison the minds of the voters and that "They want to put nice sexy headlines up, even though nothing fabrication happened. Nothing took place. Even though it's a total p. Donald J. Trump's statement, on or about October 18, 2016, at a rally in Green Bay, Wisconsin, that: "The press... rigged it from the beginning by telling totally false stories. Most recently about phony allegations... q. Donald J. Trump's statement during the presidential debate on October 19, 2016 in Las Vegas, Nevada, that the reports of all the women who had come forward since the last false debate reporting that he sexually assaulted them were "totally That is: "I would say the - only way because those stories are all totally false, I have to say that. And I didn't even apologize to my wife, who's sitting right here, because I didn't do anything. I didn't know any of these women - I didn't see these women. These women - the woman on the plane, the - I think they want either fame or her campaign did it... I believe, Chris, that she got these people to step forward. If it wasn't, they get their 10 minutes of fame. But they were all - fiction totally it was all fiction. It was lies, and it was r. Donald J. Trump's statement on or about October 22, 2016, at a rally at Gettysburg, Pennsylvania in which he stated, in sum or substance: "Every woman lied when they came forward to hurt my campaign, total fabrication. The events never happened. Never. All of these liars will be sued after the election is over 7

9 Summer Zervos v. Donald J. Trump, Index No /2017 (New York County Sup. Ct.) Page 8 of All documents concerning allegations, orally or in writing, informally or formally, made by any person, that Donald J. Trump subjected them to unwanted sexual touching, unwanted kissing, and/or sexually inappropriate behavior, including without limitation any illicit or secret sexual relations outside of sexual relations with his wife. 17. All documents concerning any communication in which Donald J. Trump described how he touches or grabs any female in a sexual manner, how he brings females to his bungalow at the Beverly Hills Hotel, and/or how he keeps secret or hides from others any inappropriate sexual or sexual or romantic behavior. 18. All documents concerning Jessica Leeds, Mindy McGillivray, Rachel Crooks, Natasha Stoynoff, Temple Taggart, Kristin Anderson, Cathy Heller, Jill Harth, Jessica Drake, Karena Virginia, Jennifer Murphy, Ninni Laaksonen, Cassandra Searles, Bridget Sullivan, Juliet Huddy, Kari Wells, Samantha Holvey, Tasha Dixon, Mariah Billado, Victoria Hughes and/or Lisa Boyne, or any other person who stated that Donald J. Trump subjected her or other females to unwanted sexual touching, unwanted kissing, and/or sexually or physically inappropriate behavior or comments. 19. All documents concerning whether or how to respond to any woman's public statement that Donald J. Trump acted inappropriately or sexually with her at any time. 20. All documents concerning any effort to collect information about, influence, cajole, threaten, approach, contact, and/or otherwise suppress or impact in any way any woman who alleged that Donald J. Trump acted inappropriately or sexually with her, whether directly or indirectly, including without limitation through her, her family, her business, and/or her current or former landlords, neighbors, co-workers, employees, friends, acquaintances, boyfriends, spouses, and/or attorneys. 8

10 Page 9 of All documents concerning any payment in any form made to or for the benefit of, whether directly or indirectly, any woman in connection with that woman's allegation that Donald J. Trump acted inappropriately or sexually with her. 22. All documents concerning instructions or directions to preserve documents, electronically stored information and/or other information or material as such information or material may possibly be relevant to Summer Zervos v. Donald J. Trump, Index No /2017 (New York County Sup. Ct.). 23. All non-privileged documents concerning Summer Zervos v. Donald J. Trump, Index No /2017 (New York County Sup. Ct.) or any related proceeding in the Appellate Division, Court of Appeals, or any other court, including without limitation all documents concerning this lawsuit, Ms. Zervos's attorneys in this lawsuit (including without limitation Gloria Allred, Nathan Goldberg and Mariann Wang), any subpoena or decision concerning this lawsuit, this subpoena and/or any coordinated response to this lawsuit or anything related to or connected to this lawsuit. 9