EFTA01070533

Cag$9_9_101-_CV-8019:KAM Document 207-4 Entered on FLSD. Docket 07/20/2009 Page 20_of 46. Case 9:08-cv-80811-KAM Document 54-2 Entered on FLSD Docket 04/02/2009 Page 2 of 2 C.M.A. vs. Epstein, et a Cose No.: 08-CV-80811-CIV-MARRA/JOHNSON Plaintiff's Answers to Defendant's First Interrogatonin y III nation and each medical -Facility where you have received as to each the case; and state for the injuries for which you seek damages in this for which you were ion date of treatment or examination and the injury or condit examined or treated. ANSWER Dr. Serge Thys (Psychiatrist) Date: I do not recall the date. I would defer 2151 451h Street to the Doctor's records. West Palm Beach, FL. 3M07 school. Ongoing. M I Pope (Counselor/Therapist) Date: Since high Parent Child Center 2001 W. Blue Heron Boulevard physicians, medical facilities, 12. List the names and business addresses of all other other health care t providers rehab facilities (drug, alcohol or psychiatric) or counselor and chiropractors by including psychiatrist, psychologist, mental health or treated in the past 10 years; and whom or at which you have been examined ent and the condition or Injury state as to each the dates of examination or treatm for which you were examined or treated. ANSWER Good Samaritan Hospital (3/12/04, 3/25/08) Child Birth 1309 N Flagler Dr West Palm Beach, FL 33401 St. Mary's Hospital (4/07) DNC 901 45th Street West Palm Beach, FL 33407 Gloria C. Hakkarainen, MD Ob/Gyn 2926 10th Avenue North, Suite 306 Palm Springs, FL. 33461 Theodore Ritota, DDS Dentist 14 EFTA01070533 Case 9:08- cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 21 of 46 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/20_9 0 ag 9lf.A PiSge Page 1 703 So.2d 1076 703 So.2d 1076, 22 Fla. L. Weekly 172375,23 14a. L. Weekly D169 (Cite at 703 So.2d 1076) 307Ak31 k. Relevancy end Materiality. District Court of Appeal of Florida. Fifth District. Most Cited Cases Party may be permitted to discover:evidence that Kimberly EALAS and Teresa Shumate, Petitioners, v. would be inadmissible at alai, if it would lead to Marjorie A. RUZZO, and Exec., Inc., etc., Re- discovery of relevant evidence. Westb P.S.A. RCP spondents. Rule 1.280(6)(1). No. 97-82. 83] Pretrial Procedure 307A oti=36.3 Oct. 10, 1997. 307A Pretrial Procedure As Modified on Grant of Clarification Jan. 2, 1998., p ‘ci 5.na . I : tic% • 307AII Depositions and Discovery i kkaskm 307A11(A) Discovery In General of ‘cc‘en ), Plaintiffs brought action against alleged house 307Ak36 Particular Subjects cif Disclos- ure prostitution for, inter ails, coercion of prostitu tion. County , Frank Pound, 307Ak36.1 k in General. Most Cited The Circuit Court, Brevard dis- Cases J., granted in part defendants' motion to compel Evidence of plaintiffs' past prostitution and their covery. Plaintiffs filed petition for writ of certior- W. Sharp, J., held revenues relating to such activities, including activ- ari. The District Court of Appeal, ities with alleged house of prostitution against that evidence of plaintiffs' past prostitution and which they had filed suit, was discoverable, where their revenues relating to such activities was dis- plaintiffs brought action not only for coercion of coverable. prostitution, but also for battery, fplse imprison- ment, invasion of privacy, intentional infliction of Petition denied. emotional distress, violation of their civil rights, and racketeering. Violent Crime Coital and Law Harris, J., concurred specially and filed opinion. U.S.C.A. § Enforcement Act of 1994, § 40302, 13981; West's F.S.A. §6 772.014, 796.09; West's West Headnotes frSA. RCP Rule 1.280(b)(1). Lind- co Pretrial Procedure 307A C=>31 41076 Richard E. Johnson and Heather Fisher for Peti- say, of Spriggs & Johnson, Tallahassee, tioners. 307A Pretrial Procedure 307A11 Depositions and Discovery 307A11(A) Discovery in General Mark S. Peters of Arerui, Therlac Bc Elsenmenger, 307Ak31 lc Relevancy and Materiality. P.A., Cocoa, for Respondents. Most Cited Cases Discovery In civil cases must be relevant to subject W. SHARP. Judge. matter of case and must bo admissible or reason- ably calculated to lead to admissi ble evidenc e. Balm and Shumate petition this court for a writ of West's RSA. RCP Rule 1.280(b)(1). certiorari to review certain portions of the lower court's order which granted, in pert, a motion to 12] Pretrial Procedure 307A rO=31 compel discovery filed by respondents Ruzzo and RCM, Inc. Petitioners argue that Chase portions de- 307A Pretrial Procedure part from Me essential requirements Of law end will 307All Depositions and Discovery them irreparable harm because they will be cause 307A11(A) Discovery in General 2009 Thomson Routers/West. No Claim to Orig. US Gov. Works. ESCHIBIT p Split&prft=HTMLE&ifm 3/26/2009 EFTA01070534 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 22 of 46 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 PPaeg2e5gf 8 Page 2 703 So.2d 1076 D169 703 So.2d 1076,22 Fla.I,. Weekly D2375, 23 Fla. L. Weekly (Cite as: 703 So.2d 1076) titionere against their will. Count IV alleges that re- compelled to disclose intimate details of their sexu- s Ondente actions constituted an invasion of peti- al hist sac m tioners' privacy. Count Bales and Shumate filed suit against Ramo and Ex- donut infliction of emotional distress. ,Count VI al- leges a civil rights action-that respondents have vi- ec, Inc., doing business as "The Boardroom." Ac- cording to Bales and Shumate, The Boardroom op- olated petitioners' right to be free from mimes of vi- erates ostensibly as *1077 a leisure spa but actually olence motivated by gender within the meaning of 42 U.S.C. section 13981. Finally, count VII seeks is a house of prostitution. Batas worked at The civil remedies for criminal practices of racketeering Boardroom from December 1993 until February pursuant to section 772.104, Florida tStatutes. The 1996; Shumate worked there from October 1992 petitioners claim that they suffered emotional pain, until March 1996. Ruzzo, the sole officer and anguish, humiliation, insult, indignity; loss of self- shareholder of Exec, Inc., collected about fifty to esteem, inconvenience, hurt and emotional distress. sixty percent of each employee? earnings from per- They seek an award of general and punitive dam- forming sexual acts. ages, among other relief. According to Bales and Shumate, Rune exerted The discovery to which the petitioners are being re- mental and emotional control over her employees gutted to respond Is as follows: and thus she was able to exploit them as prostitutes. Ruzzo required her employees to pay her substan- tial sums of money to attend "metaphysical work- I. shops" conducted by Ruzzo or persons associated with her. At the work place, the employees were re- Interrogatory 8; Please advise how long have you s quired to participate in religious and quasi-religiou been engaged in prostitution.... "circles," rituals and incantations. These practices were allegedly designed to break down the person- alities of the women who worked for Ruzzo and to IL one foster dependency and loyalty to herself. At when the earning s of a new employ ee were time Interrogatory 221 State with &peachy the man- missing and believed to be stolen, Ruzzo required ner in which the acts as described in your Com- that the petitioners be strip searched and body cav- plaint have materially affected hod.: you interact be- ity searched. Ruzzo caused the petitioners to with your husband, boyfriend, fiancee' [sic] or ed employ ment was depende nt on lieve their continu any other individual of the opposite Sex. they their submission to these searches and that might be arrested on felony charges if they refused to submit to the searches. lit int Batas and Shumate's second amended compla Request for Production 30: A copy of any photo- seven counts. Count I Is an against Ruzzo contains graphs, movies or videotapes in which you per- sec- action for coercion of prostitution pursuant to formed sexual acts and/or simulated sexual acts the tion 796.09, Florida Statutes. Petitioners allege in exchange for money or other consideration. requirement that they perform sexual acts to retain coer- their employment constitutes Inducement end • cion to engage in prostitu tion. Count II Is a claim touching IV. for battery for the unwanted and offensive for of the petitioners' bodies. Count III is a claim Interrogatory 16: Please list the names, addresses, nment for physica lly confinin g the pe- false impriso telephone numbers and rates of pay for all em- ployers for which you worked. Including the Works. 2009 Thomson ReutersfWest. No Claim to Orig. US Gov. Split&prffr-HTMI,E&ifta=NotSet&mt... 3/26/2009 liltp://web2.vatatlaw.com/ptint/printstream.aspx?sv= EFTA01070535 Case 9:08-ov-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 23 of 46 Page 3 of 8 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2099 F".ge 3of 8 Page 3 703 So.2d 1076 1)169 703 Sold 1076,22 PIe. L. Weekly 1)2375, 23 FILL Weekly (Cite Mt 703 So.2d 1076) nature, custody, condition, and location of any nature of the work, during the five years inttnetti- bunks, documents. or other tangible things and the data of employm t *di th the identity and location of persons;having know- day Boardroom and from the date of your termination ledge of any discoverable matter. It, is not ground with the Boardroom to the present, providing the for objection that the information sought will be names of your immediate supervisors at each Inadmissible at the trial if the inforination sought place of employment and the reason far your appears reasonably calculated to lead to the dis- leaving each place of employment. covery of admissible evidence. • V. Nonetheless, the discovery of certain kinds of in- formation may cause material Injury:of an irrepar- able nature. This includes the "cat-out-of-the-bag" Interrogatory 26: Please state your total income material that could be used to injure another person while employed at the Boardroom, and state the or party outside the context of the litigation, mated - source of that Income including any income from al protected by privilege, trade mortis or work other employment or non income earned from product. Discovery was never intended to be used prostitution other than at the Boardroom. as a tactical tool to harass, embarrass or annoy ones adversary. Rather, pretrial discovery was im- VI. plemented to simplify the issues in a: case, to elim- inate the elements of surprise, to encourage the set- tlement of cases, to avoid the cost of litigation, and Request for Production 34: Business records from to achieve a balanced search for the Guth to ensure s any selfemployment or owned business venture a fair trial. Elkins v. Syken, 672 Sold 517 (Pla.1996). the last 5 years, includin g any records or list of in customers, "special customer lisle or "sugar Here the petitioners argue that the Information daddy's list." sought to be discovered regarding prostitution and t to their sexual activities was propounded solely to em- MR) Discovery in civil cases must be relevan barrass them and to invade their right to privacy. the subject matter of the case and must be admiss- The petitioners alto claim that this Information is ble ible or reasonably calculated to lead to admissi privileged under section 796.09 and is not calcu- evidence. See Allstate Insurance Co. v. Langston, lated to lead to evidence which would be admiss- 655 So.2d 91 (Pla.1995); Amerce v. Newman, 653 ible at trial. So.2d 1030 (Fla-1995); Russell v. Stardust Cnds- The ers, Inc., 690 So.2d 743 (Phi. 5th DCA 1997). Section 796.09 provides a person with a civil cause of relevan cy Is broader in the discove ry concept context and a party may be of action for compensatory and punitive damages context than In the trial against anyone who coerces that person into prosti- inad- permitted to discover evidence that would be tution, who coerces that person to remain in prosti- at bid, if it would lead to the discove ry of missible tution, or who uses coercion to collect or receive ; Amente . Florida Rule of relevant evidence. Allstate any part of that person's eamingsi derived from proper Civil Procedure 1280(b)(1) delineates the prostitution. In the course of litigation under this scope of discovery: section, any transaction about which 'p plaintiff test- ifies or produces evidence does Apt subject the In General. Parties may obtain discovery regard- plaintiff to criminal prosecution or to any penalty or ing any matter, not privileged, that is relevant to whether forfeiture. In addition, any testimony or evidence or the subject matter of the pending action, any Information produced by the plaintiff or wit- party it relates to the claim or defense of the seeking discove ry or the claim or defense of any other party, including the existence, description, Oov. Works. O 2009 Thomson Reuters/West. No Claim to Orig. US Split&prft=HTMLE&ifm-NotSet&mt... 3/26/2009 http://web2.westlaw.com/prInt/printstrearn.aspx7sv-Th EFTA01070536 Case 9:08-cv-80119-MM Document 207-4 Entered on FLSD Docket 07/20/2000_ Page 24of 46. Pm Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 of 8 4o4 3 nge Pap 4 703 So.2d 1076 703 So.2d 1076, 22 Pla. L. Weekly D2375,2314.L Weekly DI@ • • • (Cite as: 703 So.2d 1076) ness for the plaintiffs cannot be used against the arrested. s o pain ing, hirtnnruth frer----r--- perjury. stitse one for rhne except Under section 796.09, the petitioner.' prior Involve- --------mrarrviTproteed ment in prostitution and their earnings born prosti- tution would be Irrelevant. Hence discovery should Section 796.09(5) specifically provides that it Is not not be permitted because such inforination would a defense that the plaintiff was paid or otherwise not be admissible at trial nor would it be reasonably compensated for prostitution, that the plaintiff had calculated to lead to evidence ultimately admissible engaged in prostitution prior to any involvement at trial. Even though the scope of discovery is gen- with the defendant or that the plaintiff made no at- erally quite broad. section 796.09 is designed to en- tempt to escape from the defendant Section courage prostitutes to sue their pimps. Thus the 796.09(6) provides that convictions for prostitution usually broad scope of discovery may be constrie- or prostitution-related offenses are inadmissible for ted so that prostitutes will not be embarrassed, har- OTC pnrpose of attacking the plaintiffs' credibility. assed or hindered in their actions. • This legislation was the result of the Florida Su- 133 Had the petitioners brought their lawsuit against preme Court Gender Bias Study Commission, Ruzzo and The Boardroom only under section which conducted an extensive investigation of pros- 796O9, evidence of petitioners' past prostitution, titution in this state. The Commission's activities including with the Boardroom, and their earnings cor- included interviews with law enforcement and relating to such activities, may not have been dis- rections personn 1 el: '1079 judges, public defende rs, rehabili tation counsel ors, social coverable. However, the petitioners filed a multi- prosecutors, drug count complaint for compensatory end punitive and workers, medical personnel, prostitutes, clients damages, alleging numerous causes of action The Commi ssion found prostitu tion to be pimps. law against the respondents. These other causes carry prevalent and uniform throughout the state and no such protection from discovery. Since the in- enforcement largely unable to deter it under pre- formation sought by discovery may be relevant or vailing social attitudes and judicial practices. The may lead to the discovery of admissible evidence in often Commission further found that prostitutes are one or more of these other causes of action or to victims of economic, physical, and psychological determination of damages, we cannot': conclude that coercion, that most persons do not chose to become the trial court departed from the essential require- prostitutes, but do so to survive, and that ninety ments of law in granting this discovery. See Smith percent of street prostitutes, both adult and chil- v. 778 Bank of the Keys, 687 Sold 895 (Fla. 3d variety of dren, are controlled by pimps who use a DCA 1997) (by alleging fraud as well as breach of coercive methods to maintain this control. The contract, purchaser placed at issue her reliance on Commission determined that clients and pimps are venders' assertions, the veracity of financial docu- rarely prosecuted and, when prosecuted, receive ments she submitted to the vendor, and the state of light sentences; whereas prostitutes, who are mainly her mental health, including memory problems she females, are frequently prosecuted and receive was experiencing at the time of the alleged tedious harsher treatment in the cowls. The Commission conduct, thus deposition questions convening her recommended changes in the methods of interven- state of mind were relevant). utic, tion in prostitution from punitive to therape changes in the law to require more equal treatme nt Petition for Writ of Certiorari DENIED. by the courts of the prostitute in relation to the cli- e to ent and the pimp and to lessen the incentiv THOMPSON, L, concurs. traffic In human flesh by giving the prostitute ac- HARRIS, J., concurs specially • with opin- cess to the judicial system without first having to be tortHARRIS, Judge, concurring specially: Cloy. Works. O 2009 Thomson Reuters/West. No Claim to Orig. US ifmNotSet&pat.. 3/26/2009 http://web2.westlaw.com/print/printstream.aspx7sr—Split&prft=HTMLE& EFTA01070537 • Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 25 of 46... ... • Case 9:0B-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04102120d9 PKI1Of 8 Pag65 703 Sold 1076 0169 703 So.2d 1076, 22 Fla. L Weekly O2375, 23 Fla. L. Weekly (Cite as: 703 So.2d 1076) any part of that person's earnings derived from There is a temptation in cases such as this to Inquire w , 5 po or e e, darker hue. Indeed that may ultimately be the ques- The employees resist discovery of their past prosti- tion uppermost in the Jurors' minds. But the Issue tution or their past or present earning experience on presently before us is simply whether the pot, in or- the basis of subparagraph 5 of section 796.09: der to establish the partied comparative complex- ,15) It does not constitute a defense to a complaint ion, may discover the historical condition and the under this section that inherent characteristics of the kettle. a) The plaintiff was paid or otherwise compensated We am here involved with parties that the limited for acts of prostitution; record before us indicates were co-conspirators In a joint effort to violate Florida's laws against prosti- b) The plaintiff engaged in acts of piostitutlon pri- tution. The defendants are the owner/operators of a or to any involvement with the defendant "social club" whose primary service is prostitution; the plaintiffs am employees of the club who But the question before us Is not whether prior acts provide such services. The employees are suing the of prostitution (or the receipts of earnings there- owner/operators for, among other counts, taking ad- from) which might be revealed by answering the in- vantage of their vulnerabilities ("coercing" them to terrogatories could be used as a defeat., to the com- be prostitutes) through manipulation and exploita- plaint, but rather whether evidence of such conduct tion. In order to prepare a defense to the action, de- or such earnings would be relevant in determining fendants have filed certain interrogatories for the whether the employees were, in fact, !'coerced" into employees to answer. These interrogatories-41080 prostitution, into remaining prostitutes., or into shar- request such information as how long the employ- ing the proceeds of their services with defendants. ees have been engaged in prostitution; how the em- The relevancy of this information' depends , of con- ployees have been effected by the defendants' course, on what constitutes coercion. duct; copies of photogr aphs, movies, and video- sexu- tapes in which the employees have performed If we apply the definition of "coercion" which is al acts or simulated sexual acts; the names of previ- commonly accepted, then the relevancy of the re- a ous employers and previous rates of pay; and quested information Is apparent and this appeal has nts. statement of income received from defenda no merit at all. Webster defines "coercion" as: (1) These Interrogatories survived the employees' ob- to restrain or domina te by force, (2). to compel an jections. I agree certiorari should be denied. act or choice, or (3) to enforce or thing about by on force or threat. In sexual battery cases, the legis- The employees' primary cause of action Is based lature has adopted the common meaning of the Florida Statutes , which provide s: section 796.090X word "coercion" and has even placedlimits on it. It has provided that consent will not be recognized if (1) A person has a cause of action for compensatory submission is coerced by threats of ;force or viol- and punitive damages against ence (f the victim reasonably believe the perpetrat- - or has the present ability to execute the threaten la) A person who coerces that person into prostitu Consent also will not be recognized if submission is tion; coerced by a threat of retaliation against the victim to remain in or another If the victim reasonably believes that the '33) A person who coerces that person perpetrator has the ability to exec* the threat In prostitution, or the futurePa And in sexual battery cases, the le- gislature has vitiated what might otherwise be con- :c) A person who uses coercion to collect or receive Gov. Works. 0 2009 Thomson Reuters/West. No Claim to Orig. US otSct&pa... 3/26/2009 http://web2.westlaw.com/print/printstream.aspx7sw-Split&prft4ITMLE&ifm—N EFTA01070538 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 26 of 46 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/200! P6ge flif 8 Page 6 703 So.2d 1076 Weekly D169 703 Sold 1076, 22 Fla. L. Weekly D2375, 23 Fla. L. (Cite as: 703 So.2d 1076) phys- 1) Promise of greater financial rewards! Mitered as consensual if one exploits a knownjay. Me J) Promise of marriage. or her goal or takes advantage of on: who is phys- • ically helpless or involuntarily intoxicated.no lc) Restraint of Speech or communications with Therefore, oven in sexual battery cases, before co- others. ercion or exploitation will vitiate consent, the free will of the victim must be overcome by force or ;1 ) Exploitation of a condition of developmental threat or some unfortunate circumstance suffered disability, cognitive limitation, affective disorder , by the victim. or substance dependency. FP71. Section 794.011(4)(b), Florida Stet- :m) Exploitation of victimization by sexual abuse. °tea. :n) Exploitation of pornographic performance. PN2-. Section 794.011(4Xo), Florida Stat- utes. :o) Exploitation of human needs for food, shelter, safety, dr affection. P113. Section 794.011(4Xa),(d),(e), and (f). Florida Statutes. The definition urged by the employees heroin is the "promise of a greater financial rewire Whether But then we get to the definition of "coercion" con- the requested information is relevant fo the issue of tained in section 796.09(3): coercion in this case will depend on what the legis- d by subsection (I) In the meaning of n" lature intende :3) As used in this section, the term "coercio "coercion." means any practice of dominion, restraint, or in- ducement for the purpose of or with the reason- I agree with Judge Altenbemd's thodghtful analysis ably foreseeable effect of causing another person In State v. Brigham, 694 So.2d 793 (1997): to engage in or remain in prostitution or to relin- In- quish earnings derived from prostitution, and there can be no dispute that the legislature's unusu- cludes, but is not limited to: al definition of "percent" is not a common dic- tionary definition. This Is perhaps 'an appropriate ',a) Physical force or throats of physical force. case in which to remind ourselves of Learned Hand's famous observation that a "mature and de- :b) Physical or mental torture. veloped Jurisprudence" does not "make a fortress out of the dictionary." :c) Kidnapping. But even so, one would expect some nexus between 41081 (d) Blackmail. the commonly accepted meaning of ri word and the definition of that word ascribed by the legislature. ,1:e) Extortion or claims of indebtedness. If, for example, the legislature defined "canine" as including cats, although one might, Jurispruden- :f) Threats of legal complaint or report of delin- tially speaking, expect to hear a meow emanate quency. from a Great Dane, the courts should nevertheless closely examine the legislative history to see if that ig) Threat to interfere with parental rights or re- la really what the legislature Intended. The court in sponsibilities, whether by Judicial or administrat- Young v. O'Keefe, 246 town 1182, 69 N.W.2d 534, ive action or otherwise. 537 (1955), stated this principle as'. follows: "But ;h) Promise of legal benefit. 2009 Thomson Reuters/West No Claim to Orig. US Gov. Works. TWILE&i.fm- NOtSet&mt... 3/26/2009 littp://web2.westlaw.corniprintiprintstream.aspx7sv-t:Split&prft=H EFTA01070539 Case 9:08-cv480119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 27 of 46 Entered on FLSD Docket 04/02/2009 PAtegg cfgf 8 Case 9:08-cv-80811-KAM Document 54-3 Page 7 703 So.2d 1076 703 So.2d 1076, 2.2 Fla- L. Weekly D2375, 23 Me. L. Weekly D169 (Cite as: 703 So.2d 1076) before a definition is construed so as to expand the of an opportunity to make a decision with the coer- owl, of 42,s' dpritinn non sullen-nen on can also meaning uf- erweildknowymci-to-hreieet, its-imt onym the intention of the legislature to that ef- mean *1082 that the promise of 'a greater reward is coercion only V such promised reward Is sufficient fect must be clear." As Judge Campbell observed in to overcome one's natural revulsion to soiling one's Cowan v. Roger Bohn, D.C, PA, 580 So.2d 814, 818 (Fla. 2d DCA 1991): body for money. If there Is no such revulsion, there can be no coercion. Becoming a prostitute only be- cause one likes the hours and wages 'or "because it it Is our primary duty to give effect to legislative intent and, if a literal interpretation of a statute beats the heck out of working fora living" simply leads to unreasonable results, then we should ex- should not meet the test of section 796.09(1). ercise our power to interpret reason and logic to it. At oral argument herein, it was suggested without contradiction, that at least one of the employees has a college degree and gave up a wolf-paying, legit- Unfortunately, it is apparent that in enacting this le- imate job in order to engage in this profession for gislation, the legislature has, without redefining the greater reward. Section 796.09 does not appear to be a general prostitute's relief act. It is based on a the terms for the purposes of this legislation, of- report by the Gender Bias Study Commission which ten used tans with commonly accepted mean- recommended the equalization of treatment in rela- ings for purposes at great variance from those tion to the prostitute, the client and tit "pimp." It is commonly accepted meanings. based on the premise that prostitutes are generally victims of economic, physical, and psychological In our case, the legislature did define the term for coercion and choose prostitution in order to sur- the purpose of the act But because the team to. Further, the Commission was concerned that (coercion) as so defined can be interpreted two 90 percent of the street prostitutes are controlled by ways-one consistent with the commonly accepted "pimps" who use a variety of coercive methods to meaning and one at variance-we should not accept maintain control. It seems clear that the legislature the "antonym" unless such legislative intent is was not intending to depart from the Precepts of the clear. A free will decision, even if based on a hope commonly understood meaning of "coercion" end of financial gain, is the opposite of a coerced de- to redefine it to include both free will decisions arid cision. compelled decisions.. The interpretation urged by the employees seems at variance with the stated The employees urge that the mere promise of a goal of the legislature and the Gander Bias Com- greater reward brings them within the act. But if the mission. mere promise of a greater reward is sufficient to es- tablish coercion, then anyone who makes a volun- Since there is no cause of action prOvided for one tary and reasoned exercise of free will motivated by who makes a reasoned and voluntary exercise of This the hope of economic gain has been coerced. their free will to enter or continue blithe profession definition removes the element of compulsion im- solely for financial rewards (assuming "coercion" la plicit in the commonly accepted meaning of coer- given the definition more consistent ;with its com- cion and substitutes therefor the more desire for fin- monly accepted meaning and assuming that my In• ancial gain. The employees herein assert that since terpretation of legislative intent is coked), coercion they were offered "a greater financial reward" for becomes the critical issue In the trial of such action. providing the services performed by them through The interrogatories propounded by defendants ap- defendants' establishment, they were coerced Into pear relevant to the issue of coercion. their prostitution activities. This equates the giving Gov. Works. © 2009 Thomson Reuters/West. No Claim to Orig. US plit&prft=HTMLE&ifm-NotSet&mt.. 3/26/2009 http://weblwestlaw.corn/print/printstream.aspx7gv—S EFTA01070540 Case 9:08-oV-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 28 of 46. Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 iWn8 Page 8 703 Sa2d 1076 703 So.2d 1076, 22 Ha. L. Weekly D2375, 23 Ha. L. Weekly D169 (Cite as: 703 So.2d 1076) This is a case of first impression based on a relat- in the hospital) and which makes one who is a party th foon,rae4he appellant in the ifighnt i`PACI guilty of ivoiy new statute. As ullutted, de. kla stufaA. ir6 tory of the new law suggests that the statute is de- a criminal act for entering into such an agree- ment") signed to assist those who were forced to enter We are not asked in this proceeding to rule on the prostitution in order to keep a roof over their heads admissibility of the discovered information as evid- or food on their table. It does not appear to be in- ence at the trial of this cause. We are to determine tended to aid those who voluntarily enter the pro- fession in order to drive a Mercedes instead of only if the information might lead to admissible Ford. The limited record before us indicates that evidence. Even "1083 though we deity the Writ I suggest we certify the following question: even beginning employees of the defendants (those who do not have an established clientele) bring in DOES ONE, FREE MOM FORCE, mum- $700 a day and can keep 5056 of their earnings. Based on a five-day work week, this would reflect TION, OR DISADVANTAGEOUS CIRCUM- STANCE, WHO MAKES A REASONED DE- en income of 887,500 a year oven with a two week CISION TO BECOME OR M3MAIN A PROSTI- vacation. And the employees herein are not begin- TUTE OR TO SHARE ME PROCEEDS ners. THEREOF BECAUSE OP A PROMISE OP A GREATER FINANCIAL REWARD HAVE A There is no indication that the legislature intended CAUSE OF ACTION UNDER SECTION to legalize prostitution or to make it a respectable 796.09(1), FLORIDA STATUTES? profession. It merely intended to place the prosti- tute on the same footing with the client and the "pimp." If a prostitute voluntarily makes the de- ON MOTIONSFOR REHEARING,ANDITOR CLARA. cision to participate, free from force, intimidation, or disadvantageous circumstance, then he or she is FIC4770N, FORHEARINGEN BANC FOR RE- CER77 FICATI ON, on the same footing as the other participants and should be treated the same. W. SHARP, Judge. Petitioners Bakal and Shumate have filed motions Although It might well serve a legitimate public for rehearing, clarification and certificadon. We purpose to permit the cannibalistic demise of such deny the motions in full except for one regard. We enterprises (and I am not unsympathetic with this delete the sentence in the last full paragraph of the view), that does not appear to be the policy behind opinion which reads: 'These other causes of action the current statute. Therefore, in cases where coer- carry no such protection from discoveiy." cion Is not present (and this may or may not be e its tradition of not one), the court should continu Motion for Clarification GRAN BD as stated Interceding in civil conflicts involving transactions above; Motion for Rehearing and Certification that are either illegal or are against pubilo policy. DENIED. See Wechsler v. Novak 157 Plc 703, 26 So.2d 884 (1946); Thomas v. Refines; 462 So.2d 1157, 1160 HARMS and THOMPSON, D., conceit. (Pia. 3d DCA 1984), rev. derge4 472 So.2d 1182 Flaapp. 5 Dist.,1997. (Ple.i985) ("An action may lie for interference with Bolas v. Ruzzo an unenforceable contract and even perhaps a void- 703 Sold 1076, 22 Pit L. Weekly D2375, 23 Fla. able contract No such cause of action lies for Inter- L. Weedy D169 ference with a contract void as against public policy by a (another's representation of a client obtained END OF DOCUMENT dectodl awyer's illegal persona l injury solicitat ion Gov. Works. CD 2009 Thomson Reuters/West. No Claim to Orig. US lit&prft=HTMLE&ifin=NotSet&mt.. 3/26/2009 http://wcb2.westlaw.corn/print/printstream.aspx7sv—Sp EFTA01070541 Case 9:08-cv-80119-I<AM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 29 of 46 Case 9:08-cv-80811-KAM Document 54-4 Entered on ELSD pocket 04/02/2009 Page 1 of 2 3V IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM °CACI I COUNTY, FLORIDA A.C., . B AI CASE NO. 50200SCA026129)$O0(M Plaintiff, v. E. EPSTEIN, and lig a Defendants. COMPEL RESPONSES TO ORDER ON DEFENDANT EPSTEIN'S MOTION TO TIFF AND TO OVERRULE FIRST REQUEST TO PRODUCE TO PLAIN NDANT'S EXPENSES,: PLAINTIFFS OBJECTIONS. & FOR DEFE INCLUDING ATTORNEYS' FEES the Court on Defen dant Epstein's Motion To THIS CAUSE came before •.. ce To Plaintiff And To 0Yerrule Compel Responses To First Request To Produ ses, Including Attorney Fees Plaintiffs Objections, & For Defendant's Expen and being fully advised in these and the Court having heard argument of counsel premises, It Is hereby n is hereby grated/ ORDERED and ADJUDGED that Defendant's Motio denied ae. 9 17 4 411g erionu-e-4 Onia.4.ate .1 2.0searica.a. *0 4 2 Z w kup am' AriAnack- *tf aiih MART. urthouse, West Palm DONE AND ORDERED at Paingliach Coyat Beach, Florida, this -1 , day of Ed yard A. Garrison Circuit Judge Copies furnished: ESQ., 515 North Peeler Ortiee Sone 400, West Fan Beach, ROBERT D. CRITTON, JR., ESCL. and MICHAEL J. PEE, ESQ., Seamy Denney Smola Barnhart & Ft. 33401; JACK SCAROLA, ESQ., AND JACK P. HILL, West Palm Beaoh, FL 33409, and JACK250 A. Lakes Blvd., Shipley, PA:, 2139 Palm Beach iger & Weiss. P.A. Suite 1400, One Cleada ke Centre, SOLDBF-RGER, ESQ., Atterbuly Goldbe FL33401 I ly) If Australian Avenue South, West Patin Beach. EXHIBIT Les- EFTA01070542 Document 2074 Entered on FLSD Docket 07/20/2009 Page 30 of 46 Case 9:08-cv-80119-KAM Entered on FLSD Docket 04/02/2009 Page 2 of 2 14— Case 9:08-cv-80811-KAM Document 54-4 TH IN THE COURT OF THE FIFTEEN M JUDICIAL CIRCUIT, IN.AND FOR PAL A.G., • CASE NO. 502008CA025129)0,00•CMB Al • v. E, EPSTEIN, and SARAH Defendants. ION TO COMPEL ANSWERS TO ORDER ON DEFENDANT EPSTEIN'S MOT LE PLAINTIFF'S OBJECTIONS. & FOR INTERROGATORIES AND TO OVERRU ATTORNEYS' FEES DEFENDANT'S EXPENSES; INCLUDING t Epsteln's Motion To THIS CAUSE came before the Court on Defendan For To Overrule Plaintiffs Objections, '& Compel Answers To Interrogatories And heard rneys' Fees, and the Court having Defendant's Expenses, Including Atto by' advised In these premises, It Is here argument of counsel and being fully ndant's Motion Is hereby granted/ ORDERED and ADJUDGED that Defe 1-0 1 sr / 2. 4 ie 4,1 /14.4w,4 ts‘.aei o 4.2 , fwro ste,,, 76* L atiwor ktleir be, cat. Beach Cougly Courthouse, West Palm DONE AND ORDERED at Palm Beach, Florida, this Z 3 day of and A. Garrison Circuit Judge Copies furnished: AEL J. PlICE, ESQ., 516 Not Fleeter Drive, Sulte 400, West Petrn Boaob, ROBERT D. cRtrroN, JR.. ESQ., and MICH JACK P. HILL, ESQ., Seamy Denney Soweto Barnhart & AND Ft. 33401; JACK SCAROLA, ESQ., h, FL 33409, and JACK A. h Lakes Blvd., West Palm Beac Shipley, PA, 2139 Palm Beac erger 4 Weiss, PA, One Clear lake Contra, Suite 1400, 250 GOLDBERGER, ESQ., Atterbory Goldb FL 33401 Beach, Australian Avenue South, West Palm EFTA01070543 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 31 of 46 Document 54-5 Entered on FLSD Docket 04/02/2009 Page 1 of 14 / Case 9:08-cv-80811-KAM 1 • T IN THE FIFTEENTH JUDICIAL CIRCUIT COUR IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50 2008CA020614XXXXMB JANE DOE II, Plaintiff, vs. COPY JEFFREY EPSTEIN and Defendants. COURT REPORTER'S TRANSCRIPT OF PROCEEDINGS HAD BEFORE THE HONORABLE DIANA LEWIS DATE: March 3, 2009 PLACE: Palm Beach County Courthouse 205 N. Dixie Highway 1 West Palm Beach, Florida 3340 U.S. Legal' Support EXHIBIT EFTA01070544 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 32 of 46 Document 54-5 Entered on FLSD Docket 04/02/2009 Page 2 of 14 se 9:06-cv-80811-KAM 2 2 APPEARANCES: 3 GARCIA LAW FIRM, P.A. 4 224 Datura Avenue Suite 900 5 West Palm Beach, Florida 33401 Counsel for Plaintiff 6 BY: TSIDRO M. GARCIA, ESQUIRE MAN 8 BURMAN, CRITTON, LUTTIER & COLE 515 N. Flagler Driv e Suite 400 1 West Palm Beach, Florida 3340 10 Counsel for Defendant ESQUIRE BY: ROBERT D. CRITTON, JR., 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 U.iiilliiiiiiiirt EFTA01070545 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 33 of 46 Document 54-5 Entered on FLSD Docket 04/02/2009 Page 3 of 14 Case 9:08-cv-80811-KAM 11 1 that but I'd just like to do that. 2 THE COURT: Right. And if you want tb yeu k contact the uthes individecle saying, or :not 4 I'm the one that's questioning whether 5 these need to be before one judge. You may have colleagues who 6 a different perspective than your 7 are prosecuting some of the cases. 8 I understand the damages. I'm riot 9 saying consolidate. I'm saying transfer. : It's 10 not a consolidation issue. Everybody getO that 11 confused for some reason. The words are very h and'how 12 different out of my mouth, your mout 13 they're written. er at 14 So let me go ahead and take a gand -sure 15 this. I did read it last night. I'm not names? 16 that we need to get -- we need 17 MR. CRITTON: Right. Well, here's what some example if I 18 of the issues are is that, as an 19 could approach the bench. 20 THE COURT: Sure. 21 MR. CRITTON: This is some of the ugh discovery 22 information that we've obtained thro in this: 23 from some of the -- from at least Jane Doe. 24 instance, it would be this particular is I take 25 THE COURT: You know who Jane Doe U.S. Le al Su ort EFTA01070546 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 34 of 46 • Entered on FLSD Docket 04/02/2009 Page 4 of 14 Case 9:08-ov-66811-KAM Document 54-5 12 1 it? 2 MR. CRITTON: Right. 3 THS Wows: YOU xnvw who ug 4 MR. CRITTON: Yes, correct. And so this end particular lady has kept in part a diary time 6 she -- which appears to have started some butisome this is not in any way significant -- ' r she lear ned that she coul d file a time afte Oakwood 9 lawsuit. I think she's also been to could file to Center some time after she learned she ein. 11 a lawsuit and seek damages from Mr. Epst 12 There's no history of this lady. Oakwood 13 beforehand other than. in some of the she stiTted 14 records where she. was -Baker Acted, k at'16, 15 drinking beerst.16, she started Eana s sexually 16 started marijuina at'15, that she' 17 active: a 18 So how she has interacted -- she has pain and 19 claim for emotional damages, mental 20 anguish, psychiatric-type damages. How she's the events 21 interacted with friends, with family, rpersonal 22 'in her life, school, work, her inte -- we'll 23 relationships both with men and let's individuals. 24 use an'example men here, but other ein, 25 She's saying that this event with Mr. Epst V.S. Legal Support' EFTA01070547 Document 207-4 Entered on FLSD Docket 07/20/2009 Page 35 of 46 Case 9:08-cv-80119-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 5 of 14 Case 9:013-cv 80811-KAM 13 during 1 this sexual assault and whatever occurred ge. 2 these events is that -- has caused her dama a And theretor-c-elmougoo in tho cad° suet 4 as the emotional, mental, psychiatric-type mean' 5 damages are completely subjective, I s that 6 separate and apart from any medical bill 7 may be -- which are clearly intangible. Bo these B are intangible damages. And the jury is greater 9 instructed, you know, you advise the 10 weight of the evidence, what's fair and 11 reasonable under the circumstances. y this 12 So what we would have is basicall she claims her 13 young lady's testimony as to what s are with 14 damages are and what the circumstance 15 her situation with Mr. Epstein. She claims on .. know , I love this guy, I'm dati ng 16 page 13, you 17 this guy Chris. On page 15 -- 18 THE COURT: Is this part of a diary lox. 19 treatment? I have no idea what it is. It 20 MR. CRITTON: discovery. And 21 was just produced in response to this is 22 she apparently started in, I think 23 December of '08. You know I took Jay Lyn4nis' I love her, 24 girl to the zoo, had an amazing day, We have so much fun. I Want a 25 i.e., the girl. U.S. Legal Support EFTA01070548 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 36 of 46 Document 54-5 Entered on FLSD Docket 04/02/2009 14 Page 6 at 14 Case 9:08-cv-80811-KAM 1 baby especially with him. Okay. So I know who 2 this person is. We are all so open together, I love him ana iay and Lynn, what dv I dv with 4 Chris, who is another guy in her life. 5 All right. This is circumstances where ein 6 this young lady is saying, look, Jeffrey Epst 7 has ruined my life from a damage standpoint, okay. Let me depose other individuals with whom iC turns 9 you've had a relationship. And what if --'is they 10 out -- as with some of these girls did 11 had relationships or had escapades or r men.similar 12 circumstances with individuals, olde 13 to Mr. Epstein well before Mr. Epstein. or 14 And this girl, I don't know one's/ay a situation 15 the other, but let's assume she had or raped, ' 16 where she was assaulted or molested ional:and her 17 that all is going to affect her emot all factor 18 mental pain and anguish and it will 19 into evaluating damages. 20 You know, it's not something that I'm 21 going to spread around. Z'm happy to keej it, discovery of 22 you know, within the confines of the r 23 this case. But if she says every othe but Jeff 24 relationship in my life has been perfect affected 25 Epstein has done this to me and it has U.S. Legal Support EFTA01070549 Document 207-4 Entered on FLSD Docket 07/20/2009 Page 37 of 46 Case 9:08-cv-80119-KAM Entered on FLSD Docket 04/02/2009 Page 7 of 14 Case 9:08-cv-80611-KAM Document 54-5 15 my sexual 1 my ability to trust men and men, which is part of 2 relationships with other hips, u ay,loo's 3 her interpersonal relations 4 to Sam Smith. ege 5 THE COURT: When does your client all ounter with 6 that she had her first enc 7 Mr. Epstein? 8 GARCIA: At what age? 9 THE COURT: Well, what year? 10 MR. CRITTON: June of '03. 11 MR. GARCIA: June of '03, Judge. '03 12 'MR. CRITTON: She claims from June of . 13 through November of '04 believe 16at. the 14 MR. GARCIA: She was I 17. She was a minbr 15 beginning and ended at 16 during all this time. six years. 17 THE COURT: June of '03 to now is cia. 18 Let me hear from Mr. Gar the criminal case 19 MR. GARCIA: Judge, in not Mr. Epstein, he would 20 that was filed against and this type of disco4rery 21 have had a right to do up -- 22 I -- if I could hand the 23 THE COURT: They wouldn't care about: 24 women. Right. Well, I mean -- 25 MR. GARCIA: .U.S. Legal S ort EFTA01070550 Document 207-4 Entered on FLSD Docket 07/20/2009 Pap 38 of 46 Case 9:08-cv-80119-KAM • • • Entered on FLSD Docket 04/02/2009 Page 6 of 14 Case 9:08-cv-80811-KAM Document 54-5 16 THE COURT: This is damages. There'S no 2 they weren't seeking damages at the time. 1 3 MR. GARCIA: Right. And we nave not.alseged 4 in the complaint or in the answers to a 5 interrogatories that her ability to have relationship with a man has been affectedby 7 Mr. Epstein's conduct. We have alleged that she has been but we have 9 hospitalized for depression, anxiety the ionly 10 not alleged any damages concerning -- we were 11 reason this would be relevant is if either 12 making a claim at her ability to have relations 13 sexual relations or to have emotional ce with 14 with men was effected by her experien 15 Mr. Epstein. smoke 16 So this damages' claim is just 4 17 screen to attempt to get evidence to show:the consensual 18 jury that this woman has had other 19 relationships with young men that are acterize 20 approximately her age what I would char 21 as a slut defense. She had it coming to her ily • 22 because she engaged in other voluntar 23 consensual -- 24 THE COURT: Mr. Critton wouldn't try the sure. 25 slut defense in my courtroom, I'm U.S. Legal Support EFTA01070551 Case 9:0B-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 39 of 46 Document 54-5 Entered on FLSD Docket 04/02/200 Page 9 of 14 Case 9:0B-cv-B0811-KAM 17 1 MR. GARCIA: Maybe not, but certainly that's 2 the way this discovery is going. And, Judge, 3 what -- 4 THE COURT: What are the damages you think 5 your client is seeking? 6 MR. GARCIA: She is seeking emotional and 7 distress damages for depression and anxiety ood Center. 8 she has been hospitalized at the Oakw a fiend 9 Her friend -- she was on the phone to she 10 who called the sheriff's office because iffs 11 thought she was suicidal. The sher day:and 12 responded. They Baker Acted her that ood Center. 13 they took her eventually to the Oakw not 14 THE COURT: How do we know it's three other men 15 intertwined with her rejection by 16 since Mr. Epstein? 17 MR. GARCIA: Well, even if it was related to you mean 18 her rejection by three other men -- 19 other men's rejection of her? 20 THE COURT: Yeah. Well, how do you not know 21 that? I mean you'can't do it until you do 22 discovery. Has anybody attempted to review the 's going on? 23 records from Oakwood to find out what t 24 MR. CRITTON: It's like a one-time visi e's.some 25 when she was Baker Acted and then ther V.S. Legal Support EFTA01070552 Document 207-4 Entered on FLSD Docket 07/20/2009 Page 40 of 46 Case 9:08-cv-80119-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 10 of 14 Case 9:08-cv-80811-KAM 18 1 other -- 2 THE COURT: She didn't receive treatment? 'R ^RTTT^M; g*Ies rereived treatment Trtr s. 4 that day and she's been back a couple of time 5 She's on medication. Again, I don't know:what or s are 6 the extent but she's got -- her medical bll .7 de minimis. 8 Again as an example, Judge, did'the case 9 Court have an opportunity to look ht the Becadse 10 that I also attached to the motion? s with 13. there's a case that's almost on all four h;is 12 this which I attached to our motion whic 13 called Belles versus Russo. 14 THE COURT: Right. 15 MR. CRITTON: It was a case where the tihe 16 plaintiff was sued -- the plaintiff sued tion.' So 17 former owners of a house of prostitu there were 18 that part is different, but within it assault 19 a number of claims including a sexual humiliation 20 claim and they sought emotional pain, 23. and emotional distress. 22 Within the complaint that was filed in severe 23 this particular case, she is seeking liation, 24 emotional distress, mental anguish, humi tory 25 embarrassment, past and future, compensa U.S. Legal Support EFTA01070553 Document 207-4 Entered on FLSD Docket 07/20/2009 Page 41 of 46 .. Case 9:08-cv-80119-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 11 of 14 . Case 9:08-cv-80811-KAM 19 anguish, 1 humiliation, loss of reputation, mental ges. 2 pain and suffering, the same type of dama 3 Had what.. Lists CuuLL acid 4 THE COURT: How old is she now? 5 MR. GARCIA: She's 21 no*. 6 MR. CRITTON: She's 21 now. What the Court ght this 7 said is, you know, if you'd only brou es, it's not claim under 796 evidence of past issu 9 an issue. You can't use this defense for e other 10 anything, but because you brought thes al assault 11 claims which include, you know, sexu r causes of 12 and you're seeking damages for othe discovery 13 action since the information sought by discovery of 14 may be relevant or may lead to the theiother 15 admissible evidence in one or more of damages, we 16 causes of action or determination of frm 17 cannot conclude the trial court parted ting .-- 15 essential requirements of law in gran s'not 19 THE COURT: So in other words, she' ent emotional 20 only seeking -- she's seeking curr ship and 21 damage as a result of this relation prior 22 you're trying to find out if she had rtwined 23 relationships, that perhaps could be inte ein's -- 24 with it so that it's not just Mr. Epst ble is 25 MR. CRITTON: Right. A perfect exora U.S. Legal Support EFTA01070554 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 42 of 46 • Page 12 0 14 Case 9:08-cv-80811-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 20 1 one of the cases that I have is there's a!young 2 lady who claims that she was molested in the past and raped, pretty significant issues, welt in 4 advance of her even meeting with Mr. Epstein. 5 And they seem to play a large role in heri 6 psychiatric and psychological evaluation.! 7 We're going to come to the Court in this case as we have others and ask for a' 9 psychological evaluation of this lady, and if She 10 was raped or if she was molested or just she had 11. a bad experience or some -- whether it waa a 12 young or old man assaulted her in some fashion, 13 that may play a role in her damages and what -- 14 THE COURT: What I'm going to allow for 15 discovery purposes only not necessarily getting 16 it in at the time trial are two years before her 17 first encounter with Mr. Epstein and anything 18 subsequent. . 19 MR. GARCIA: Judge, I just wanted to say on 20 the record because I forgot to mention it, 21. there's also -- I did state an objection to the 22 identity of people that are unrepresented' in this 23 courtroom. They have rights too. So what I -- 24 THE COURT: Well, my suggestion is that you 25 send those people a letter and tell them that U.S. Legal Support EFTA01070555 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 43 of 46 Case 9:08-cv-80811-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 13 of 14 21 you're going to disclose them and if theyihave a 2 problem with it that they come to see me before 3 you cisciose it. 4 So I'm going to give you 20 days to 5 respond to this rather than the usual five and 6 that will give you time to put these people on 7 notice and if they want to come visit with me and have a John Doe, I'll have a John Doe heaing 9 but, you know, this is her case. She's doing it. 10 She's the one seeking damages, and he is entitled 11 to be able to confront other individuals to find 12 out information that may be relevant to the 13 damages she's seeking or she can drop the. 14 damages. That's her choice. If you seek 15 damages, you've got to do it -- if you could put 16 that in an order so that we have a time far him 17 to do this. 18 Just fill out an order, hand it back up 19 to me and I'll deal with it. 20 (The proceedings were concluded;) 21 22 23 24 25 V.S. Legal Support EFTA01070556 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 44 of 46 Case 9:08-cv-80B11-KAM Documenk54-5 Entered on FLSD Docket 04/02/2008 Page 14 o 14 22 1 REPORTER'S CERTIFICATE 2 THE STATE OF FLORIDA. 3 COUNTY OF PALM BEACH. 4 5 I, Teresa Bell, Court Reporter, certify that 6 I was authorized to and did stenographically report 7 the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. 9 I further certify that the proceedings were 10 taken at the time and place shown herein and that all 11 counsel and persons as hereinabove shown were Present. 12 I further certify that I am not a relative, 13 employee, attorney or counsel of any of the parties, 14 nor am I a relative or employee of any of the parties! 15 attorney or counsel connected with the action, nor am 16 I financially interested in the action. 17 Dated this 11th day 16 TERESK BELL, 19 Court Reporter 20 21 22 23 24 25 U.S. Legal Support EFTA01070557 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 45 of 46 Kikka M. Claudio From: cmecfautosender@flsd.uscourls.gov Sent: April 02, 20091:64 PM To: fisd_cmectinotice@fisd.uscourts.gov Subject: Activity In Case 9:08-cv-80811-KAM C.M.A. v. Epstein et al Motion to Compel This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United Stateg policy permits copy of attorneys of record and parties in a case (including pro se litigants) to receive one free'electronic all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees document during this first apply to all other users. To avoid later charges, download a copy of each not viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do apply. U.S. District Court Southern District of Florida Notice of Electronic Filing and filed on 4/2/2009 The following transaction was entered by Critton, Robert on 4/2/2009 at 1:53 PM EDT Case Name: C.M.A. v. Epstein et al Case Number: 9:08-ov-80811 Filer; Jeffrey Epstein Document Number: 54 Docket Text: by Jeffrey Epstein. Defendant's MOTION to Compel Response to 1st RTP and 1st Interrogs Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Responses due by 4/20/2009 (Attachments: # (1) Exhibit D)(Critton, Robert) 9:08-cv-80811 Notice has been electronically mailed to: Bruce Reinhart ecf@brucereinhartlaw.corn Guy Man Lewis lewis@lewistein.com Jack Alan Goldberger iagescabellsouth.net, nalanis@ariwpa.corn , Jack Patrick Hill iolCsearcvlaw.com clwcEisearcvlaw.com, Janc@searcylaw.corn s.slater®searcvlaw.com sas(e)searcvlaw.com, vat@searcvlaw.coin Michael James Pike MPikeabelelaw.cont Michael Ross Tein tein@lewistein.com, lanevers@lewistein.com mcapote@lewistein.com Richard Horace Willits reekhw@hotmail.com. lawverwillits@aol.com EFTA01070558 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Pake 46 of 46. Robert Deweese Critton , Jr rcritigibelelaw.com. bobbie(gbeiclaw.com 9:08-cv-80811 Notice has not been delivered electronically to those list ill be provided by other means. For further assistance, please contact our Help Desk at 1111S.: The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dceefStamp lD=1105629215 [Date=4/2/2009] [FileNumber6195964-0] (49f0c2d75486f6d6a6101a080395b2e7992778ee9920e8793e30a05701c38a82a7cd 0c0764948284cbee2a315cedf37038a790bc153308696a153cee35dd4a2eb]] Document description:Exhibit A Original filename:n/a Electronic document Stamp: [STAMP deectStamp_M=1105629215 [Darr-4/2/2009] [FileNumba=6195964-1] [5442dd228617016a18a93a482a085529427a840328a0e54754cdf751967853bb92be ecb01757337952695593597cefe9a41571176b352bb55db83a2la343d276]] Document description:Exhibit B Original filename:n/a Electronic document Stamp: [STAMP deedStamp )D-1105629215 [Date=4/2/2009] [FileNumber=6195964-2) [25cedd880cca3d8978be178b71fldefo7a045549a477d2d9547e32020ef014889690 bad8c2e920f70317c10d9120eeca0890948393fid74268del8e9ff8819251) Document description:Exhibit C Original filename:n/a Electronic document Stamp: [STAMP dceefStamp_ED=1105629215 [Date=4/2/2009] [FileNumber=6195964-3) [37892711faff5e10f7O7b9ble0eadlOae25fl 1 leia940376210a3a511f5b8fe66e25 7a72e8a82ac1f8d04c63aa2721bce8e1445577efdde123db7e50acecc99a]] Document description:Exhibit D Original filename:n/a Electronic document Stamp: [STAMP deectEtamp_ID=1105629215 [Dat -e=4/2/2009] [FileNumber=6195964-4] [30891fd9cd081D35da5c8b8446571f54389e681aa2a5lbf89966ifeibca8f86feen b5ec59O37a711c75abbeaaiDe49106318132669f8731cecddl8b8714e895]] 2 EFTA01070559 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/29/2009 Page 1 of 46 • ••• Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/200gi Page 1 of 18 UNITED STATES DISTRICT COURT snilTI4FRN nisnacr OF FLORIDA CASE NO.: 08-CIV.80811-MARRAMOHNSON C.M. A., Plaintiff, v. EPSTEIN and an Defendants, DEPENDANT EPSTEIN'S MOTION TO COMPEL PLAINTIFF C.M.A. TO RESPOND TO DEFENDANTS FIRST REQUEST TO PRODUCE AND ANSWER DEFENDAN T'S FIRST SET OF INTERROGATORIES. AND TO OVERRULE OBJECTIONS. AND FOR AN AWARD OF DEFENDANTS REASONABLE EXPENSES Defendant, JEFFREY EPSTEIN, by and through his undersigned :attorneys, moves this Court for an order compelling Plaintiff, C.MA. to respond to Defendants First Request To Produce and to answer Defendants First Set of Interrogator)es, and to overrule her objections asserted In Plaintiff's Response To Defendants FirSt Request To To Produce, dated February 13, 2009, and in Plaintiff's Notice of Serving Answers Interrogatories, dated February 18, 2009. Defendant further seeks an award of his reasonable expenses, including expenses, associated with the making of tis motion. In Rule 37, Fed.R.Civ.P. (2008); Local Gen. Rules 7.1 and 26.1 H (S.D. Fla. 2008). support of his motion, Defendant states: Prior to the filing of this motion, on April 1, 2009, Defendants counsel communicated by telephone with Plaintiffs counsel In a good faith effort to resolve the discovery Issues herein. This motion addresses those discovery Items which remain at EFTA01070560 Case 9:08-cv-80119-KAM Document 207..4 ... iltereSt911 ELSD.QAcket_01/20/2Q01.. .Page_tot.46.:. Document 54 Entered on FLSD Docket 04/02/2009 Page 2 of 18 Case 9:08-cv-80811-KAM C.M.A. V. Epstein, et al. Pape 2 Defendant lied one issue. Also, rather than the 2 separate motions to compel, because the discovery issues addressing the production requests and interrogatories overlap. 1, 2, 4, 5, and 19, Motion To Compel Responses to Production Requests Nos. 23. and Answers to Interrogatories Nos. 2.18, and Production Request No. 1 documentation 1. Individual and/or Joint income tax returns and supporting and, as well as all records or Including W-2 and 1099 forms for 2002-2007 t year. • gs for the curren documentation relative to the Plaintiffs earnin Response: calculated to lead to the' discovery Objection. Irrelevant, immaterial and not reasonably of admissible Information. Legal Argument Supporting Entitlement to Discovery n are relevant to Plaintiffs Plaintiff's tax returns and supporting documentatio iffs complaint alleges Iri part that damages claims and, thus, discoverable. Plaint June of 2002 and continuing until "beginning in approximately late May or early d and enticed the impressionable, approximately August of 2003, the Defendant coerce Plaintiff to commit various acts of vulnerable, and economically deprived then minor (Plaintiff also refused to answer sexual misconduct." l st Am. Complaint, ¶13. y for the past ten years asserting Interrogatory no. 2 which sought her employment histor the same general objection). calculated to lead to the Such information is both relevant and reasonably discovery of admissible evidence. It is well settled that relevant Information is as the discovery is reasonably discoverable, even if not admissible at trial, so long ce. Rule 26(b)(1), Fed.R.Civ.P.; calculated to lead to the discovery of admissible eviden EFTA01070561 _ease 9'08a410.1.19:KANL_QQaunnertt..2(27-4..., Entered.0n.ELSO Dock.et.07/2012009__Page_a_of_46_.. Case 9:08-cv-80811-KAM Document 54 Entered on ELSE) Docket 04102/200D Page 3 of 18 C.M.A. v. Epstein, et al. Page 3 685 (S.D. Fla. 2007). Donali_av V. Palm Beach Tours & trans., Inc. 242 F.R.D. .Civ.P., pursuant to Discoverability of such Information Is governed by Rule 26, Fed.R cases cited therein. which the scope of discovery is broad. Donahav supra, at 686, and which Is relevant to "Parties may obtain discovery regarding any matter, not privileged, the claims or defense of any party involved in the pending action." A. entation, for the Plaintiff's tax returns, along with the requested supporting docum t earnings, are relevant to six year period, and documents relevant to her curren Plaintiffs damages claims detailed below herein. Such information weuld show i Plaintiffs employment and earning history, as well as provide evidence as to how during and after the alleged Plaintiff has been able to function In her daily life before, out of bed each morning and incidents. Was she self-sufficient? Was she able to get ability to earn a living and be support herself? What type of job did she hold? One's component, but !also an self-supporting has not only a financial emotional/psychological/mental component. 32 counts: Counts I C.MA.'s First Amended Complaint' attempts to allege . §2255 — Civil Remedies for through XXX are purportedly brought pursuant to 18 U.S.C y," and Count WOE is entitled Personal Injuries; Count :00(l is entitled °Sexual Batter dant, ." "Conspiracy to Commit Tortlous Assault only against Defen seek Information about In her answers to Interrogatory nos. 9 and 10, which C.MA.'s damages claims, Plaintiff answered that ded Complaint is pending. ' Defendant's Motion To Dismiss directed to Plaintiffs First Amen EFTA01070562 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 4_of 45 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009 Page 4 of 18 C.M.A. v. Epstein, et el. Page 4 steem. I began I have bi-polar disorder and manic depression. I lost my self-e cuffing myself on my arms and legs and develo ped drug proble ms. Perredirelit injuries are psychological. (Interrog. No. 9). psychic trauma, I am claiming compensation for mental anguish, mental pain, ted by a jury who and loss of enjoyment of life. These damages will be evalua nt of at least the will provide their own methods of computation in an amou og. No. 10). statutory minimum established by 18 U.S.C.A. §2255. (Interr , iff alleges: In her 181 Amended Complaint, relevant to her damages claims Plaint , physical injury, C.M.A., has in the past suffered, and will in the future suffer l anguish, psych ologic al traum a, menta pain and suffering, emotional distress, , invasi on;of her self-es teem, loss of dignity humiliation, embarrassment, loss of Plaintiff incurred medical and privacy and other damages ... . The then minor additional medical and psychological expenses ... and will in the future suffer suffered loss of Income, a psychological expenses. The Plaintiff C.M.A. has a loss of capacity td enjoy loss of the capacity to earn Income in the future, and and the Plaintiff, C.M.A., will life. These injuries are permanent in nature continue to suffer these losses In the future. ), ¶¶25, 31, 37, 43, 49, 65, (151 Am. Complaint, Counts I — XXX (18 U.S.C. §2255 121, 127, 133, 139, 145, 161, 157, 61, 67, 73, 79, 85, 91, 97, 103, 109, 115, y), ¶199.) (Sexu al Batter 163, 169, 176, 181, 187, 193; Count )O0<l "compensatory damlages of at in each of her 'Wherefore" clauses, Plaintiff seeks . §2255, pursuant to which Plaintiff least the minimum provided by law.° 18 U.S.C ery of "actual damages." See fn. attempts to bring certain of her claims, allows for recov 2 herein for applicable statutory text.2 documentation, will provide As discussed above, the tax returns, and supporting information does not only go to direct evidence as to Plaintiffs claimed damages. Such Any minor who is a victim of a violation of section 2241(c), 2242, 2243, 2251, (a) 2 title and who suffers personal injury 2251A, 2252, 2262A, 2260, 2421, 2422, or 2423 of this riate United States District Court and as a result of such violation may sue In any approp ns and the cost of the st)it, including shall recover the actual damages such minor sustai the preceding sentence shall be a reasonable attorney's fee. My minor as described In 0 in value. (Emphasis added.] deemed to have sustained damages of no less than $50,00 EFTA01070563 Case 9:OP:9y-801197KM pocument 207-4 Entered on FLSD Pocket 07/20/2009 Pag.e.5 Case 9:08-cv-8.0811-KAM Document 54 Entered on FLSD Docket 04/02/2009. Page 5 of 18 C.M.A. v. Epstein, et el. Page 6 ity to earn income type compensatory or actual damages or loss of income/loss of capac type damages. In the damages, but also her emotional/psychological/mental health parties, Plaintiffs counsel telephone communication between counsel for the respective capacity type damages; indicated that Plaintiff was not seeking loss of income/earning awal of such damages (Defendant is not aware that there has been any formal withdr still relevant and discoverable claimed); notwithstanding, the information sought Is iff. The time period will allow based on the additional damages claimed by Plaint life prior to, during, and after the Defendant to compare how Plaintiff was doing In her been able to hold and her earnings alleged incident. Again, the type of jobs Plaintiff has only a financial component, but an and ability to support herself clearly have not as well. Accordingly,' Plaintiffs emotional/psychological/mental health component dant is entitled to the documents objection is required to be overruled, and Defen requested. Production Request No. 2 ractor, psychologists, 2. All bills/expenses from any medical doctor, chirop any members of the healing arts and psychiatrists, mental health counselors (including you incurred as a result of the related fields, i.e. drugs, prescriptions, etc.) you claim lawsuit this Injuries which are or may be the subject matter of Response: upon receipt. Discovery is ongoing. None In our possession. These will be provided very Legal Argument Supporting Entitlement to Disco requested, but has failed to Plaintiff makes no objection to the documents Clearly, the documents are relevant produce any documents responsive to this request. d injuries. In the April 1, 2009, and discoverable as they go to proof of Plaintiffs claime EFTA01070564 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 6 of 46 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009, Page 6 of 18 C.M.A, v. Epstein, et al. Page 6 telephone communication Plaintiff's counsel Indicated that Plaintiff was still not in possession of such documents. The First Request for Production was served on Plaintiff on January 16, 2009. In her answer to Interrogatory no. 11, (Notice of Serving Answers, dated February 18, 2009, Identifies a psychiatrist and a counselerltherapist from whom she claims she is receiving "treatment or examination for the injuries for which [she] seeks damages." See Exhibit A hereto for copy C.M.A.'s answer to Interrogatory no. 11. Regarding the date of treatment from the psychiatrist — she asserts "I would defer to the Doctor's records." She claims the treatment from the counselor/therapist has been "since high school" and "ongoing." Defendant is entitled to the the documents sought and Plaintiff is in control of and has the ability to obtain Injuries requested medical bills and expenses she claims were incurred as result of her claimed in this action. Plaintiff should be required to immediately produce the requested documents to Defendant. Production Request No. 4 4. All reports, evaluations, recommendations and/or analysis submitted by of this any expert which relate to or cover the Incident which is the subject matter injuries, damages or losses you allege were caused by the incident. lawsuit and/or any Response: the Any reports generated by any retained experts not yet disclosed are protected by work product privilege. Notwithstanding same, none. Legal Arqumont Supporting Entitlement to Discovery Plaintiff, through counsel, in the April 1, 2009, telephone communication, indicated that she does not have any responsive documents and stands by her objection. Rule 26 provides In relevant part — EFTA01070565 Case 9:08-cv-80119-KAM Document 207.4 Entered on FLSD Docket 07/2_0/2009_ Page 7 of 46 Document 54 Entered on FLSD Docket 04/02/2009' Page 7 of 18 Case 9:08-cv-50811-KAM C.M.A. v. Epstein, et al. Page 7 2) Disclosure ofExpert Testimony. by Rule 26(a)(1), d party must (A) In General. In addition to the disclosures required of any witnes s it may use at trial to present disclose to the other parties the identity 705. evidence under Federal Rule of Evidence 702, 703, or or ordered by the court, this (B) Written Report. Unless otherwise stipulated d and signed by the witness—if disclosure must be accompanied by a written report—prepare provid e expert testimony In the to the witness is one retained or specially employed rly Involve giving expert testimony. emplo yee regula case or one whose duties as the party's The report must contain: express and the basis and (i) a complete statement of all opinions the witness will reasons for them; the witness In forming them; (II) the data or other Information considered by support them; (III) any exhibits that will be used to summarize or all publications authored in the (iv) the witness's qualifications, Including a list of previous 10 years; previous four years, the witness (v) a list of all other cases in which, during the testified as an expert at trial or by deposition; and for the study and testimony in the (vi) a statement of the compensation to be paid case. make these disclosures at the (C) Time to Disclose Expert Testimony. A party muststipulation or a court order, the Absen t a times and in the sequence that the court orders. disclosures must be made: the case to be ready for trial; or (I) at least 90 days before the date set for trial or for or rebut evidence en the same (li) if the evidence is intended solely to contradict Rule 26(a)( 2XB), within 30 days after the subject matter identified by another party under other party's disclosure. Y * • (e) Supplementing Disclosures and Responses. ure under Rule 26(a)7or who has (1) In General. A party who has made a disclos or request for admIssion—must responded to an interrogatory, request for production, supplement or correct Its disclosure or response: some material respect the (A) in a timely manner if the party learns that in ct, and If the additional or corrective disclosure or response is incomplete or incorre EFTA01070566 9:08- 9.V.-11(8197KAM Document 20774 . griterPd Qn FL$PDQQ1set.01129/2909 _P.ageli_ofA6 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/09/2009" Page 8 of 18 C.M.A. v. Epstein, et el. Page 8 been made known to the other parties ,during the information has not otherw . ise Isiallntti y UlAI of In wane, (B) as ordered by the court disclosed under Rule (2) Expert VVilness, For an expert whose report must be inform ation included in s both to 26(a)(2)03), the party's duty to supplement extend t's deposition. Any additions or the report and to Information given during the exper party's pretrial 'disclosures changes to this Information must be disclosed by the time the under Rule 26(a)(3) are due. in possesijon of any Accordingly, Defendant requests that should Plaintiff be analysis prepared by: an expert such reports, evaluations, recommendations and/or by an expert expected fo testify at expected to testify at trial or deposition, or to be used produced as required by Rule 26, trial or deposition, that such documents be Fed,R.Civ.P. quoted above. Production Request No. 5 ians, (Including 5. All medical reports and/or records from doctors, physic drug or alcohol elors) , hospitals, psychologists, psychiatrists, mental health couns red treatm ent to or examined you facilities or any other person or entity who has rende t matter of this lawsuit. for any reason after the incidents) which is the subjec Response: None in our possession. Discovery Is ongoing. Legal Argument Supporting Entitlement hxDiscovery diately produce the requested Once again, Plaintiff should be required to imme ction, Defendant realleges and documents. In support of ordering Immediate produ To Discovery" to request no. 5 incorporates his "Legal Argument Supporting Entitlement above herein. EFTA01070567 Case 9:08-cv-80119: KAM Document 207_4_.. cnterect.on ELSDiaocket_0740(2009 Page 9 of 46 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009: Page 9 of 18 C.M.A. v. Epstein, et al. Page 9 Interrogatory No. 2 cell phone numbers, 2. List the names, business addresses, telephone and address) and rates of pay dates of employment, immediate supervisor (name and for whom you have worked in the regarding all employers, Including self-employment, have received. Answer this past 10 years; this Includes listing all sources of Income you question by year, i.e. 1996 - 2009. Answer: calculated to lead to discovery of Objection. Irrelevant, Immaterial and not reasonably admissible evidence. Legal Argument Supporting Entitlement to Discovery and Injuries claimed by Such Information is clearly relevant to the damages In Plaintiff in this action. Plaintiff's complaint alleges in part that bbebinning continuing until approximately approximately late May or early June of 2002, and d the impressionable, vulnerable, and August of 2003, the Defendant coerced and entice it various acts of sexual misconduct" economically deprived then minor Plaintiff to comm Request no. 1 above herein). 1'r Am. Complaint, ¶13. (See discussion of Production calculated to bad to the Such Information Is both relevant and reasonably discovery of admissible evidence. It is well settled that relevant Information Is as the discovery Is reasonably discoverable, even If not admissible at trial, so long evidence. Rule 26(b)(1), Fed.R.C1v.P.; calculated to lead to the discovery of admissible 242 F.R.D. 685 (S.D. Ha. 2007). Donahay v. Palm Beach Tours & trans., Inc., Rule 26, Fed.R.Clv.P., pursubnt to Discoverabillty of such information is governed by , at 686, and cases cited therein. which the scope of discovery is broad. Donahaj, supra not privileged, which is relevant to "Parties may obtain discovery regarding any matter, pending action." id. the claims or defense of any party involved In the EFTA01070568 Case 9:08-cv-80119-KAM Document ?07-4 Entered on FLSD„Docket_07/?0.,/2009-,. Page,,1O of 46.. Document 54 Entered on FLSD Docket 04/02/2009 Page 10 of 18 Case 9:08-cv-80811-KAM C.M.A. v. Epstein, et el. Page 10 and after the alleged Plaintiffs employment and earnings history prior to s. Such Information would not Incidents are relevant to her claimed damages and injurie but also provide eirldence as only evidence Plaintiff's employment and earning history, before, during and after the to how Plaintiff has been able to function In her daily life able to get out of bed each alleged incidents. Was she self-sufficient? Was she hold? One's ability to earn a morning and support herself? What type of job did she ial component, but also an living and be self-supporting has not only a financ emotional/psychological/mental component. 32 counts; Counts I C.M.A.'s First Amended Complaint attempts to allege U.S.C. §2255 — Civil Remedies for through XXX are purportedly brought pursuant to 18 Battery," and Count XXXII, is entitled Personal injuries; Count XXXI is entitled "Sexual t Defendant,e." "Conspiracy to Commit Tortious Assault only agains which seek information about In her answers to Interrogatory nos. 9 and 10, C.M.A.'s damages claims, Plaintiff answered that: my self-esteem. le began I have bi-polar disorder and manic depression. I lost problems. Permanent cutting myself on my arms and legs and developed drug Injuries are psychological. (Interrog. No. 9). mental pain, psychic trauma, I am claiming compensation for mental anguish, and loss of enjoyment of life. These dama ges will be evaluated by a jury who compu tation in an amount of at least the will provide their own methods of . (Interrog. No. 10)., statutory minimum established by 18 U.S.C.A. §2255 claims, Plaintiff alleges: In her r i Amended Complaint, relevant to her damages , physical injury, C.M.A., has in the past suffered, and will In the future suffer l ahguish, al traum a, menta pain and suffering, emotional distress, psychologic , invasi on of her loss of dignity humiliation, embarrassment, loss of self-esteem, ed medic al and then minor Plaint iff Incurr privacy and other damages ... The nal medic al and in the future suffer additio psychological expenses ... and will ed loss of incom a e, psychological expenses. The Plaintiff C.M.A. has suffer EFTA01070569 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 11 of 46 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009 Page 11 of 18 C.ioi.A. v. Epstein, et al. Page 11 of capacity to enjoy loss of the capacity to earn income in the future, and a loss iff, G.M.A., wilt life. These injuries are permanent in nature ana the Plaint continue to suffer these losses in the future . 31, 37, 43, 49, 55, (151 Am. Complaint, Counts I - XXX (18 U.S.C. §2255), 145, 151, 157, 61, 67, 73, 79, 85, 91, 97, 103, 109, 115, 121, 127, 133, 139, Count XXXI (Sexu al Batter y), ¶199. ) 163, 169, 175, 181, 187, 193; ensatory damages of at In each of her 'Wherefore" clauses, Plaintiff seeks "comp , pursuant to which Plaintiff least the minimum provided by law." 18 U.S.C. §2255 of 'actual damages." See fn. attempts to bring certain of her claims, allows for recovery 2 herein for applicable statutory text. gs history will provide direct As discussed above, C.M.A.'s employment and earnin Information does not Only go to evidence as to Plaintiffs claimed damages. Such of capacity to earn income type compensatory or actual damages or loss of income/loss health type damages. In the damages, but also her emotional/psychological/mental respective parties, Plaintiff's counsel telephone communication between counsel for the e/earning capacity type: damages; indicated that Plaintiff was not seeking loss of incom l withdrawal of such damages (Defendant Is not aware that there has been any forma Is still relevant and discoverable claimed); notwithstanding, the Information sought iff. The time period will allow based on the additional damages claimed by Plaint life prior to, during, and after the Defendant to compare how Plaintiff was doing in her able to hold and her earnings alleged Incident. Again, the typo of jobs Plaintiff has been a financial component, but an and ability to support herself clearly have not only well. Accordingly, Plaintiffs emotional/psychological/mental health component as EFTA01070570 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 97/2QaNa...._Eage..12..91.46 Document 54 Entered on FLSD Docket 04/02/2009 Page 12 of 18 Case 9:08-cv-80811-KAM C.M.A. v. Epstein, et al. Page 12 d to the Information sought objection is required to be overruled, and Defendant Is entitle in the Interrogatory. Interrogatory No. 18 numbers of all males, 18. List separately the names, addresses and phone had sexua l activit y since ago 10 (by year) excluding Mr. Epstein, with whom you have y, the date(S) and the nature of sexua l activit up through your current ago. Describe the person. whether you received money or other consideration from Answer: Objection. Relevance and overbroad. Legal Argument Supporting Entitlement to Discovery without any factUal support Plaintiffs only objection is relevancy and overbroad, Gen. Rule 26.1 H (S.D. Fla. 2008). or showing as required by Rule 26(c) and Local is overbroad. Nowhere does C.M.A. explain how such Interrogatory erable, even if not admissible at It is well settled that relevant information Is discov calculated to lead to the discovery of trial, so long as the discovery Is reasonably Donahay v. Palm Beath Tours & admissible evidence. Rule 26(b)(1), Fed.R.Clv.P.; . Discoverability of an alleged trans., Inc., 242 F.R.D. 685 (S.D. Fla. 2007) cases is governed bY Rule 26, victim's/plaintiffs sexual conduct or activity in civil ery Is broad. Donahav, supra, at Fod.R.Civ.P., pursuant to which the scope of discov ery regarding any matter, not 666, and cases cited therein. "Parties may obtain discov se of any party involved in the privileged, which is relevant to the claims or defen pending action." Id. regarding Plaintiffs sexual In accordance with Rule 26, the discovery sought whether she received any activity with males and the nature thereof, Including EFTA01070571 Case 9:08-cv-80119-KAM Document 207-4 Entered oriFL§D pocket.97120/?909 Case 9:08-cv-80811-RAM Document 54 Entered on FLSD Docket 04/02/2009 Page 13 of 18 C.M.A. v. Epstein, et al. Page 13 no. 18, are all relevant to compensation or consideration therefore, in Interrogatory claims she has, suffered. Plaintiffs damages claims and the type of Injury she information and obtaining such Defendant has no othor means of obtaining such entiality until the Court can Information through Plaintiff will better protect the confid dures under Rule 412(e) whether make a determination in accordance with the proce 412(c), Fed.R.Civ.P. Defendant such Information will be admissible at trial. See Rule the information obtained through will agree to an order keeping the confidentiality of discovery. and theories of this action. The evidence sought is relevant based on the facts 32 counts. Counts I through XXX C.M.A.'s First Amended Complaint attempts to allege §2255 — Civil Remedies for Personal are purportedly brought pursuant to 18 U.S.C. Battery," and XXXII is Injuries;- Count XXXI is -entitled "Sexual st Defendant, "Conspiracy to Commit Tortious Assault only again which seek information about In her answers to interrogatory nos. 9 and 10, C.M.A.'s damages claims, Plaintiff answered that: I lost my self-esteem. I; began I have bi-polar disorder and manic depression. drug problems. Permanent cutting myself on my arms and legs and developed Injuries are psychological. (Interrog. No. 9). mental pain, psychic trauma, I am claiming compensation for mental anguish, be evaluated by a Jury who ges will and loss of enjoyment of life. These dama in an amount of at least the will provide their own methods of computation . (Interrog. No. 10). statutory minimum established by 18 U.S.C.A. §2255 claims, Plaintiff alleges: In her 1D1 Amended Complaint, relevant to her damages suffer, physical injury, C.M.A., has In the past suffered, and will In the future a, mental anguish, ologic al traum pain and suffering, emotional distress, psych of dignity, Invasion of her humiliation, embarrassment, loss of self-esteem, loss EFTA01070572 ....caW92.0..Q7PL-101:19-KAM Document 207-4 .Entered on FLSO D.ocket 07/2012.00a Page.14.of 46 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009 Page 14 of 18 • CALA. v. Epstein, et al. Page 14 ed medical and privacy and other damages ... . The then minor Plaintiff Incurr edi,.al and sulfur odditi onakn psychological expenses ... arid wilt in the future of income, a C.M.A . has suffer ed loss psychological expenses. The Plaintiff ity to enjoy future , and a loss of capac loss of the capacity to earn income In the iff, C.M.A ., will life. These Injuries are permanent In nature and the Plaint continue to suffer these losses in the future. 31, 37, 43, 49, 55, (18t Am. Complaint, Counts I XXX (18 U.S.C. §2255), ¶¶25; 139, 145, 151, 157, 61, 67, 73, 79, 85, 91, 97, 103, 109, 115, 121, 127, 133, y), ¶199.) 163, 169, 175, 181, 187, 193; Count kW (Sexual Batter ensator/ damages of at In each of her 'Wherefore" clauses, Plaintiff seeks "comp , pursuant to which Plaintiff least the minimum provided by law." 18 U.S.C. §2255 ry of "actual damages." See fn. attempts to bring certain of her claims, allows for recove 2 herein for applicable statutory text. "sexual assault and child C.M.A. also alleges that Defendants conduct was ning in approximately late May or abuse of a then minor." ¶2. She alleges that "begin ly August of 2003, the Defendant early June of 2002, and continuing until approximate and economically deprived then coerced and enticed the Impressionable, vulnerable, misconduct." ¶13. minor Plaintiff to commit various acts of sexual g and inappropriate and ... These acts included, but were not limited to, fondlin l misconduct and sexua illegal sexual touching of the then minor Plaintiff, minor Plaintiff, of the then masturbation of the Defendant in the presence in sexua l acts with to engag e soliciting and enticing the then minor Plaintiff the then minor and encou raging another female in EPSTEIN's presence, comm itted nume rous ution; Defen dant Plaintiff to become involved in prostit includ ing, but not then minor Plaint iff criminal sexual offenses against the minor for procurement of a limited to, sexual battery, solicitation or prostitution, the perso n of assaults upon the purpose of prostitution, and lewd and lascivious the then minor plaintiff. (1' Am. Complaint 1113). s and damages claimed by Tho Information sought is clearly relevant to the injurie are such that DOfendant is Plaintiff. The nature of her claimed Injuries and damages EFTA01070573