EFTA01070407

Document 54 Entered on FLSD Docket 04/02/2009 Page 1 of 18 Case 9:08-cv-80811-KAM UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80811-MARRAMOHNSON C.M. A., Plaintiff, v. EPSTEIN and'''. III Defendants, C.M.A. TO RESPOND TO DEFENDANT EPSTEIN'S MOTION TO COMPEL PLAINTIFF ER DEFENDANTS DEFENDANT'S FIRST REQUEST TO PRODUCE AND ANSW OVER RULE OBJE CTIONS. AND FOR FIRST SET OF INTERROGATORIES, AND TO EXPE NSES AN AWARD OF DEFENDAN TS REAS ONAB LE undersigned attorneys, Defendant, JEFFREY EPSTEIN, by and through his . to respond to Defendant's moves this Court for an order compelling Plaintiff, C.M.A Set of Interrogatories, and to First Request To Produce and to answer Defendant's First To Defendant's First Request overrule her objections asserted in Plaintiffs Response Notice of Serving Answers To To Produce, dated February 13, 2009, and in Plaintiffs further seeks an award of his • Interrogatories, dated February 18, 2009. Defendant the making of this motion. reasonable expenses, Including expenses, associated with 26.1 H (S.D. Fla. 2008). In Rule 37, Fed.R.Civ.P. (2008); Local Gen. Rules 7.1 and support of his motion, Defendant states: Defendants counsel Prior to the filing of this motion, on April 1, 2009, good faith effort to resolve the communicated by telephone with Plaintiffs counsel In a items which remain at discovery Issues herein. This motion addresses those discovery EFTA01070407 Case 9:08-cv-80811-ICAM Document 54 Entered on FLSD Docket 04/02/2009 Page 2 of 18 C.M.A. v. Epstein, et al. Page 2 issue. Also, rather than file 2 separate motions to compel, Defendant filed one addressing the production requests and interrogatories because the discovery issues overlap. Motion To Compel Responses to Production Requests Nos.1, 2, 4. 5, and 19, and Answers to Interrogatories Nos. 2, 18. and 23. Production Request No. 1 1. Individual and/or Joint income tax returns and supporting documentation including W-2 and 1099 forms for 2002-2007 and, as well as all records or documentation relative to the Plaintiffs earnings for the current year. Response: Objection. Irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible information. Legal Argument Supporting Entitlement to Discovery Plaintiffs tax returns and supporting documentation are relevant to Plaintiffs damages claims and, thus, discoverable. Plaintiffs complaint alleges in part that "beginning in approximately late May or early June of 2002, and continuing until approximately August of 2003, the Defendant coerced and enticed the Impressionable, vulnerable, and economically deprived then minor Plaintiff to commit various acts of sexual misconduct." f t Am. Complaint, ¶13. (Plaintiff also refused to answer interrogatory no. 2 which sought her employment history for the past ten years asserting the same general objection). Such information is both relevant and reasonably calculated to lead to the discovery of admissible evidence. It is well settled that relevant Information Is discoverable, even if not admissible at trial, so long as the discovery is reasonably calculated to lead to the discovery of admissible evidence. Rule 28(b)(1), Fed.R.Civ.P.; EFTA01070408 Case 9:08-cv-130811-1<AM Document 54 Entered on FLSD Docket 04/02/2009 Page 3 of 18 C.M.A. v. Epstein, et al. Page 3 . 685 (S.D. Fla. 2007). Donahav v. Palm Beach Tours & trans.. Inc., 242 F.R.D 26, Fed.R.Civ.P., pursuant to Discoverability of such Information Is governed by Rule at 686, and cases cited therein. which the scope of discovery Is broad. Donahav, supra, ged, which Is relevant to "Parties may obtain discovery regarding any matter, not privile ? Id. the claims or defense of any party involved in the pending action documentation, for the Plaintiff's tax returns, along with the requested supporting t earnings, are relevant to six year period, and documents relevant to her curren Such information would show Plaintiff's damagep claims detailed below herein. provide evidence as to how Plaintiff's employment and earning history, as well as e, during and after the alleged Plaintiff has been able to function in her daily life befor get out of bed each morning and incidents. Was she setf-sufficient? Was she able to ability to earn a living and be support herself? What type of Job did she holed? One's onent, but also an self-supporting has not only a financial comp emotional/psychologicamental 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 ry," and Count XXXII. is entitled Personal Injuries; Count XXXI is entitled 'Sexual Batte Defendant, "Conspiracy to Commit Tortbus Assault only against seek Information about in her answers to interrogatory nos. 9 and 10, which C.M.A.'s damages claims, Plaintiff answered that: Complaint Is pending. ' Defendant's Motion To Dismiss directed to Plaintiffs First Amended EFTA01070409 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 al. Page 4 self-esteem. I began I have bi-polar disorder and manic depression. I lost my proble ms. Permanent cutting myself on my arms and legs and developed drug injuries are psychological. (lnterrog. No. 9). psychic trauma, I am claiming compensation for mental anguish, mental pain, ated by a jury who and loss of enjoyment of life. These damages will be evalu nt of at least the will provide their own methods of computation In an amou No. 10). statutory minimum established by 18 U.S.C.A. §2255. (Interrog. s, Plaintiff, alleges: In her 1st Amended Complaint, relevant to her damages claim physical Injury, C.M.A., has in the past suffered, and will in the future suffer, l anguish, al traum a, menta pain and suffering, emotional distress, psychologic ion of her of dignit y, invas humiliation, embarrassment, loss of self-esteem, loss medic al and incurr ed privacy and other damages ... . The then minor Plaintiff medic al and additi onal psychological expenses ... and will in the future suffer of incom e, a loss psychological expenses. The Plaintiff C.M.A. has suffered ity to enjoy of capac toss of the capacity to earn Income in the future, and a loss iff, C.M.A., will nent in natur e and the Plaint life. These injuries are perma continue to suffer these losses in the future. ), ¶¶25, 31, 37, 43, 49, 55, (1st Am. Complaint, Counts I - XXX (18 U.S.C. §2255 139, 145, 151, 157, 61, 67, 73, 79, 85, 91, 97, 103, 109, 115, 121, 127, 133, al Batte ry), ¶199.) 163, 169, 175, 181, 187, 193; Count XXXI (Sexu "compensatory damages of at In each of her 'Wherefore" clauses, Plaintiff seeks , 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.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 2 Any minor who is a victim of a violati on of section 2241(c), 2242, 2243, 2251, (a) and who suffers personal Injury 2251A, 2252, 2252A, 2280, 2421, 2422, or 2423 of this titleUnited States District Court and as a result of such violation may sue in any appropriate and the cost of the suit, including shall recover the actual damages such minor susta ins ding sentence shall be a reasonable attorney's fee. Any minor as described In the precevalue. ]Emphasis added.] deemed to have sustained damages of no less than $50,0 00 in EFTA01070410 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009 Page 5 of 18 C.M.A. v. Epstein, et S. 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 ing capacity type damages; indicated that Plaintiff was not seeking loss of income/earn withdrawal of such, damages (Defendant is not aware that there has been any formal relevant and discoverable claimed); notwithstanding, the information sought Is still The time period will allow based on the additional damages claimed by Plaintiff. prior to, during, and after the Defendant to compare how Plaintiff was doing In her life able to hold and her earnings alleged incident. Again, the type 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 dant is entitled to the documents objection is required to be overruled, and Defen requested. Production Request No. 2 , psychologists, 2. All bills/expenses from any medical doctor, chiropractor members of the healing arts and psychiatrists, mental health counselors (Including any you incurred as a result of the related fields, i.e. drugs, prescriptions, etc.) you claim this lawsuit injuries which are or may be the subject matter of Response: receipt. Discovery Is ongoing. None in our possession. These will be provided upon Legal Argument Supporting Entitlement to Discovery sted, but has failed to Plaintiff makes no objection to the documents reque ly, the documents are relevant produce any documents responsive to this request. Clear injuries. In the April 1, 2009, and discoverable as they go to proof of Plaintiffs claimed EFTA01070411 Document 54 Entered on FLSD Docket 04/0212009. Page 6 of 18 Case 9:08-cv-80811-I<AM c.m.A. v. Epstein. et al. Page 6 that Plaintiff was still not in telephone communication Plaintiffs counsel Indicated possession of such documents. The First Request for Production was served on gatory no. 11, (Notice;of Serving Plaintiff on January 16, 2009. In her answer to interro and a counselor/therapist Answers, dated February 18, 2009, identifies a psychiatrist examination for the injuries for from whom she claims she is receiving "treatment or for copy C.M.A.'s answer to which [she] seeks damages° See Exhibit A hereto from the psychiatrist — she interrogatory no. 11. Regarding the date of treatment claims the treatment from the asserts "I would defer to the Doctor's records' She ing." Defendant is entitled to counselor/therapist has been "since high school" and "ongo has the ability to obtain the the documents sought and Plaintiff is in control of and incurred as result of her injuries requested medical bills and expenses she claims were diately produce the. requested claimed in this action. Plaintiff should be required to imme documents to Defendant. Production Request No. 4 sis submitted by 4. All reports, evaluations, recommendations and/or analy the subject matter of this any expert which relate to or cover the Incident which is allege were caused by the incident. lawsuit and/or any injuries, damages or losses you Response: sed are protected by the Any reports generated by any retained experts not yet disclo work product privilege. Notwithstanding same, none. Legal Argument Supporting Entitlement to Discovery one communication, Plaintiff, through counsel, in the April 1, 2009, teleph ents and stands by her indicated that she does not have any responsive docum objection. Rule 26 provides In relevant part — EFTA01070412 Document 54 Entered on FLSD Docket 04/02/2009 Page 7 of 18 Case 9:08-cv-80811-KAM C.M.A. v. Epstein, et al. Page 7 2) Disclosure of Expert Testimony. Rule 26(a)(1), a party must (A) In General. In addition to the disclosures required by s it may use at trial to present disclose to the other parties the Identity of any witnes evidence under Federal Rule of Evidence 702, 703, or 705. or ordered by the court, this (B) Written Report. Unless otherwise stipulated --prepared and signed by the witness—if disclosure must be accompanied by a written report to provide expert testimony in the the witness is one retained or specially employed regula rly involve giving expert testimony. case or one whose duties as the party's employee The report must contain: s will express and the basis and (i) a complete statement of all opinions the witnes reasons for them; ss in forming them; (Ii) the data or other information considered by the witne 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; us four years, the witness (v) a list of all other cases in which, during the previo testified as an expert at trial or by deposition; and study and testimony in the (vi) a statement of the compensation to be paid for the case. these disclosures at the (C) Time to Disclose Expert Testimony. A party must make t a stipulation or a court order, the times and in the sequence that the court orders. Absen disclosures must be made: case to be ready for trial; or (i) at least 90 days before the date set for trial or for the evidence on the same (ii) if the evidence is intended solely to contradict or rebut 2)(8), within 30 days after the subject matter identified by another party under Rule 26(a)( other party's disclosure. (e) Supplementing Disclosures and Responses. Rule 26(a)--or who has (1) In General. A party who has made a disclosure under produ ction, or reque st for admission--must responded to an interrogatory, request for supplement or correct its disclosure or response: some material respect the (A) in a timely manner If the party learns that in and if the additional or corrective disclosure or response is incomplete or Incorrect, EFTA01070413 Document 54 Entered on FLSD Docket 04/02/2009 Page 8 of 18 Case 9:08-cv-80811-KAM C.M.A. v. Epstein, of el. Page 8 to the other parties during the information has not otherwise been made known discovery process or in writing; or (B) as ordered by the court. be disclosed under Rule (2) Expert Witness. For an expert whose report must information included in both to 26(a)(2)(0), the party's duty to supplement extends t's deposition. Any additions or the report and to information given during the exper time the party's pretrial disclosures changes to this Information must be disclosed by the under Rule 26(a)(3) are due. iff be in possession of any Accordingly, Defendant requests that should Plaint analysis prepared by an expert such reports, evaluations, recommendations and/or by an expert expected to 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 cians, (including 5. All medical reports and/or records from doctors, physi couns elors) , hospi tals, drug or alcohol psychologists, psychiatrists, mental health to or examined you rende red treatm ent facilities or any other person or entity who has this lawsu it. ct matte r of for any reason after the incident(s) which is the subje Response: None in our possession. Discovery is ongoing. Legal Argument Supporting Entitlement to Discovery produce the requested Once again, Plaintiff should be required to immediately dant realleges and documents. In support of ordering immediate production, Defen To Discovery" to request no. 5 incorporates his "Legal Argument Supporting Entitlement above herein. EFTA01070414 Document 54 Entered on FLSD Docket 04/02/2009 Page 9 of 18 Case 9:08-cv-80811-KAM C.M.A. v. Epstein, et al. Page 9 Interrogatory No. cell phone numbers, 2. List the names, business addresses, telephone and addre ss) and rates of pay dates of employment, Immediate supervisor (name and you have worked in the whom regarding ail employers, including self-employment, for receiv ed. Answer this e you have past 10 years; this includes listing all sources of incom question by year, I.e. 1998 - 2009. Answer. lated to lead to discovery of Objection. Irrelevant, immaterial and not reasonably calcu admissible evidence. j..egal Argument Supporting Entitlement to Discovery and Injuries Claimed by Such Information is clearly relevant to the damages In Plaintiff In this action. Plaintiffs complaint alleges in part that "beginning continuing until approximately approximately late May or early June of 2002, and the impressionable, vulnerable, and August of 2003, the Defendant coerced and enticed s acts of sexual misconduct." economically deprived then minor Plaintiff to commit variou Request no. 1 above herein). 1st Am. Complaint, ¶13. (See discussion of Production lated to lead to the Such information Is both relevant and reasonably calcu discovery of admissible evidence. It is well settled that relevant information is the discovery is reasonably discoverable, even if not admissible at trial, so long as Rule 26(b)(1), Fed.R.Civ.P.; calculated to lead to the discovery of admitsible evidence. F.R.D. 685 (S.D. Fla. 2007). Donahav v. Palm Beach Tours & trans., Inc., 242 26, Fed.R.C1v.P., pursuant to Discoverability of such information is governed by Rule , at 688, and cases cited therein. which the scope of discovery is broad. Donahav, supra ged, which is relevant to Parties may obtain discovery regarding any matter, not privile action." IA. the claims or defense of any party involved in the pending EFTA01070415 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009. Page 10 of 18 CMA v. Epstein, et al. Page to and after the alleged Plaintiff's employment and earnings history prior to s. Such Information would not Incidents are relevant to her claimed damages and Injurie but also provide evidence as only evidence Plaintiff's employment and earning history, life before, during and after the to how Plaintiff has been able to function in her daily she 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 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 . §2255 — CMI Remedies for through XXX are purportedly brought pursuant to 18 U.S.C and Count XXXII is entitled Personal Injuries; Count XXXI is entitled °Sexual Battery," Defendant, =It "Conspiracy to Commit Tortious Assault only against seek information about In her answers to interrogatory nos. 9 and 10, which C.M.A.'s damages claims, Plaintiff answered that self-esteem. I began I have bi-polar disorder and manic depression. I lost my problems. Permanent cutting myself on my arms and legs and developed drug injuries are psychological. (interrog. No. 9). pain, psychic trauma, I am claiming compensation for mental anguish, mental be evalu ated by a jury who and loss of enjoyment of life. These damages will nt of at least the an amou will provide their own methods of computation In No. 10). (lnter rog. statutory minimum established by 18 U.S.C.A. §2255. s, Plaintiff alleges: ges claim In her 1st Amended Complaint, relevant to her dama , physical injury, C.M.A., has in the past suffered, and will in the future suffer l anguish, a, menta pain and suffering, emotional distress, psychological traum y, invasion of her humiliation, embarrassment, loss of self-esteem, loss of dignit tiff ed medical and privacy and other damages ... . The then minor Plain incurr medical and onal psychological expenses ... and will in the future suffer additi of income, a Plain tiff C.M.A . has suffer ed loss psychological expenses. The EFTA01070416 Document 54 Entered on FLSD Docket 04/02/2009 Page 11 of 18 Case 9:08-cv-80811-KAM C.MA v. Epstein, et al. Page 11 of capacity to enjoy loss of the capacity to earn income in the future, and a loss iff, C.M.A., will e and the Plaint life. These injuries are permanent in natur continue to suffer these losses in the future. 31, 37, 43, 49, 55, (1st 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, ¶199.) 163, 169, 175, 181, 187, 193; Count XXXI (Sexual Battery), 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. history will provide direct As discussed above, C.M.A.'s employment and earnings ation does not Only go to evidence as to Plaintiffs claimed damages. Such inform of capacity to earn income type compensatory or actual damages or loss of income/loss tal health type damages. In the damages, but also her emotional/psychological/men ctive parties, Plaintiffs counsel telephone communication between counsel for the respe ing capacity type, damages; indicated that Plaintiff was not seeking loss of income/earn l withdrawal of such damages (Defendant Is not aware that there has been any forma still relevant and discoverable claimed); notwithstanding, the information sought is The time period will allow based on the additional damages claimed by Plaintiff. prior to, during, and after the Defendant to compare how Plaintiff was doing In her life able to hold and her earnings alleged Incident. Again, the type of Jobs Plaintiff has been financial component, but an and ability to support herself clearly have not only a well. Accordingly, Plaintiffs emotional/psychological/mental health component as EFTA01070417 Document 54 Entered on FLSD Docket 04/02/2009 Page 12 of 18 Case 9:08-cv-80811-I<AM C.MA. v. Epstein, et al. Page 12 entitled to the information sought objection is required to be overruled, and Defendant is in the Interrogatory. Interrogatory No. 18 • sses and phone numb ers of all males, 18. List separately the names, addre y since age 10 (by year) excluding Mr. Epstein, with whom you have had sexual activit ty, the date(S) and of sexua l activi up through your current age. Describe the nature n. the perso 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, Rule 26.1 H (S.D. Fla. 2008). or showing as required by Rule 26(c) and Local Gen. is overbroad. Nowhere does C.M.A. explain how such interrogatory le, even if not admissible at It is well settled that relevant information is discoverab to lead to the discovery of trial, so long as the discovery is reasonably calculated v. Palm Beach Tours & admissible evidence. Rule 26(b)(1), Fed.R.Civ.P.; Donahay Discoverability of an alleged trans.. Inc., 242 F.R.D. 685 (S.D. Fla. 2007). is governed by Rule 26, victim's/plaintiffs sexual conduct or activity in civil cases very is broad. Donahav, supra, at Fed.R.Civ.P., pursuant to which the scope of disco very regarding any matter, not 886, and cases cited therein. Parties may obtain disco se of any party involved in the privileged, which is relevant to the claims or defen pending action." Id. ding Plaintiffs sexual In accordance with Rule 26, the discovery sought regar whether she received any activity with males and the nature thereof, including EFTA01070418 Document 54 Entered on FLSD Docket 04/02/2009 Page 13 of 18 Case 9:08-cv-80811-KAM 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 inform ation and obtaining such Defendant has no other means of obtaining such entiality until the Court can information through Plaintiff will better protect the confid dures under Rule 412(c) 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 information obtained through will agree to an order keeping the confidentiality of the 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 — Civil Remedies for Personal are purportedly brought pursuant to 18 U.S.C. §2255 and Count XXXII Is entitled Injuries; Count XXXI is entitled "Sexual Battery," Defendant "Conspiracy to Commit Tortious Assault only against seek information about In her answers to Interrogatory nos. 9 and 10, which C.M.A.'s damages claims, Plaintiff answered that self-esteem. I began I have bi-polar disorder and manic depression. I lost my ms. Permanent drug proble cutting myself on my arms and legs and developed injuries are psychological. (Interrog. No. 9). l pain, psychic trauma, I am claiming compensation for mental anguish, menta evaluated by a jury who and loss of enjoyment of life. These damages will be an amount of at least the will provide their own methods of computation in (Interrog. No. 10). statutory minimum established by 18 U.S.C.A. §2255. claims, Plaintiff alleges: In her f t Amended Complaint, relevant to her damages , physical injury, C.MA, has In the past suffered, and will in the future suffer a, mental anguish, pain and suffering, emotional distress, psychological traum dignity, invasion of her humiliation, embarrassment, loss of self-esteem, loss of EFTA01070419 Document 54 Entered on FLSD Docket 04/02/2009 Page 14 of 18 Case 9:08-cv-80811-KAM C.M.A. v. Epstein, et al. Page 14 incurred medical and privacy and other damages ... . The then minor Plaintiff additional medical and psychological expenses ... and will in the future suffer ed loss of income, a psychological expenses. The Plaintiff C.M.A. has suffer of capacity to enjoy loss of the capacity to earn income In the future, and a loss Plaintiff, C.M.A., will life. These Injuries are permanent in nature and the continue to suffer these losses In the future. 5),1125, 31, 37, 43, 49, 55, (1st Am. Complaint, Counts I — XXX (18 U.S.C. §225 127, 133, 139, 145, 151, 157, 61, 67, 73, 79, 85, 91, 97, 103, 109, 115, 121, Batte ry), ¶199.) 163, 169, 175, 181, 187, 193; Count XXXI (Sexual ensatory daMages of at In each of her "Wherefore" clauses, Plaintiff seeks "comp §2255, pursuant to which Plaintiff least the minimum provided by law." 18 U.S.C. of "actual damages? See fn. attempts to bring certain of her claims, allows for recovery 2 herein for applicable statutory text al assault and child C.M.A. also alleges that Defendant's conduct was "sexu in approximately late May or abuse of a then minor? ¶2. She alleges that "beginning August of 2003, the.Defenclant early June of 2002, and continuing until approximately and economically deprived then coerced and enticed the Impressionable, vulnerable, nduct." ¶13. minor Plaintiff to commit various acts of sexual misco ng and inappropriate and ... These acts included, but were not limited to, fondli l misconduCt and Illegal sexual touching of the then minor Plaintiff, sexua the then minor Plaintiff, masturbation of the Defendant In the presence of e in sexual acts with soliciting and enticing the then minor Plaintiff to engag the then minor and encou raging another female in EPSTEIN's presence, itted numerous Defen dant comm Plaintiff to become involved in prostitution; ing, but not Plain tiff includ criminal sexual offenses against the then minor nt of a minor for , procu reme limited to, sexual battery, solicitation or prostitution the person of assau lts upon the purpose of prostitution, and lewd and lascivious the then minor plaintiff. (1'4 Am. Complaint ¶13). s and damages claimed by The information sought Is clearly relevant to the injurie are such that Defendant is Plaintiff. The nature of her claimed injuries and damages EFTA01070420 Document 54 Entered on FLSD Docket 04/02/2009 Page 15 of 18 Case 9:08-cv-80811-KAM C.M.A. v. Epstein, et al, Page 16 her relationship with males, entitled to evidence which would show the nature of l misconduct or activity as whether she has suffered or engaged in other acts of sexua injury and damages as a result of alleged in her complaint, and whether she suffered United States v. Bear Stops, 997 the other claimed sexual misconduct or activity. See abuse of six year old boy was F.2d 451 (8th Cir. 1993)(Defendant charged with sexual sexua l assault by 3 older boys to entitled to admission of evidence relating to victim's behavioral manifestations of establish alternative explanation for why victim exhibited sexually abused child.). )3alas v. Ruzzo, 703 So.2d In further support of Defendant's motion, a copy of (Fla. 1998), is attached hereto as 1076 (Fla. 5th DCA 1997), rev. denied, 719 So.2d 286 this action, and the relevancy and Exhibit B as it is on point to the discovery Issues in and any payment, therefore. See discoverability of Plaintiffs history of sexual activity case and footnote 1 herein. 3 interrogatories 8, 22 and 30 propounded in the Balas civil actions against Defendant Additionally and significantly, in other pending state court ges, the Circuit Court Judges EPSTEIN attempting to assert similar claims and dama le as it is relevant to the damages have already ruled that such information is discoverab D hereto. Composite Exhibit C claims of Plaintiff. See Composite Exhibits C and the case of A.C. v. Epstein, and are the Orders, dated February 23, 2009, entered in it, In and For Palm Beach Case No. 502008CA025129 MB Al, 15th Judicial Circu motion to compel therein directed County, State of Florida, which granted Defendant's complaint including claims for In Pales v. Ruzzo, supra, the Plaintiffs alleged a multicount for batter y for the unwanted and "coercion of prostitution" pursuant to §796.09, Fla. Slat; t for physically confining the offensive touching of petitioners' bodies; false imprisonmen infliction of emotional distress. petitioners against their will; invasion of privacy, and intentional EFTA01070421 Document 54 Entered on FLSD Docket 04(02/2009 Page 16 of 18 Case 9:08-cv-80811-KAM C.M.A. v. Epstein, et el. Page 16 . (In the A.C. case, the Plaintiff to discovery identical to interrogatory no. 18 above to nos. 19, 20, and 21 herein.) answered without objection Interrogatories identical a March 3, 2009 hearing on Composite Exhibit D is a portion the transcript from Jane Doe II v. Epstein, and Defendant's motion to compel discovery in the case of it Court, In and For Palm , Case No. 502008CA020614 MB AF,15t Judicial Circu Court Judge determined that the Beach County, State of Florida. Again, the Circuit thus, discoverable. information sought Is relevant to the Issue of damages and, led and Defendant is Accordingly, Plaintiff's objections are required to be overru entitled to the discovery sought. Interrogatory No. 23 numbers and dates of all 23. State the names, addresses, ages, phone Epsteln's home to give him a females whom you claim were brought by you to Mr. state the amount of money you massage or for any other reason. As to each female, claim you were paid to bring each female. Answer: A.L. Age: 22 West Palm Beach, FL I was paid $100.00 Legal Argument Supporting Entitlement to Discovery Interrogatory in an effort to Counsel for the respective parties also discussed this discovery requested. Plaintiffs come to a resolution. Plaintiff does not object to the the identity of A.L. to the extent counsel Indicated that he had a "problem" disclosing to an order protecting public she was a minor at the time. Defendant would agree minor at the time; however, as disclosure of the true identity of A.L. if she were indeed a e Defendant with the full part of the order, Plaintiff should also be required to provid EFTA01070422 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009 Page 17 of 18 c.MA. v. Epstein, et S. Page 17 discovery. It is Plaintiff who name of A.L. so that Defendant may conduct meaningful alleged "scheme." in addition, claims she brought A.L. to Epstein's home as part of the she brought A.L. to Epstein's Plaintiff failed to provide any date or dates as to when provide this information. home. Plaintiffs counsel indicated they would attempt to very, with respect t Accordingly, in granting Defendant's motion to compel disco e the full name of A.L. (which this interrogatory, Plaintiff should be required to provid or dates which she brought Defendant agrees to keep confidential at this time), the date was allegedly paid each time. A.L. or any female to Epstein's home, and how much she Defendant's motion to WHEREFORE, Defendant requests that this Court grant including attorney's fees, compel and award Defendant's reasonable expenses, associated with this motion. Rule 7.1 Certification partie s communicated by I hereby certify that counsel for the respective issues prior to the filing of this telephone in a good faith effort to resolve the discovery or in the process of being motion to compel. Some of the issues were resolved resolved. Robert D. Cri n, Jr. Attorney for °fondant Epstein Certificate of Service onically filed with I HEREBY CERTIFY that a true copy of the foregoing was electr ent Is being forego ing docum the Clerk of the Court using CWECF. I also certify that the Servic e List in the entitled on the follow ing served this day on all counsel of r manner specified by CM/ECF on this y of April, 2009 EFTA01070423 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009 Page 18 of 18 C.M.A. v. Epstein, et al. Page 18 Richard Horace Willits, Esq. Jack Alan Goldberger, Esq. Richard H. Willits, P.A. Atterbury Goldberger & Weiss, P.A. 2290 10th Avenue North 250 Australian Avenue South Suite 404 Suite 1400 L 33461 ch, FL 33401-5012 ax: net Counsel for Plaintiff C.MA. dant Jeffrey Epstein Coun sel for Defen reelrhwa hotmail.com Jack Scarola, Esq. Jack P. Hill, Esq. Bruce Reinhart, Esq. Seamy Denney Scarola Barnhart & Bruce E. Reinhart, P.A. Shipley, P.A. 250 S. Australian Avenue 2139 Palm Beach Lakes Boulevard Suite 1400 ach, FL 33409 ach, FL 33401 Fax: Jsx searcvlaw.com ecfe.•rucere n a law. Counsel for Defendant... ioh@searcvlaw.corn Co-Counsel for Plaintiff Respectfully subm By: ROBERT D. ITTON, JR., ESQ. Florida Bar 224162 rc bcicla .co MICHAEL J. PIKE, ESQ. Florida Bar #617296 nnolkealbolc.law.cotp BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 ach, FL 33401 Phone Fax Counse or efendant Jeffrey Epstein) EFTA01070424 Document 54-2 Entered on FLSD Docket 04/02/2009 Page 1 of 2 Case 9:08-cv-80811-KAM C.M.A. vs. Epstein, eta OHNSON Oise No.: 08-CV-80811-CIV-MARRAIJ t's First Inter rogatories Plaintiffs Answers to Defendan t ived counseling prior to the inciden School behavioral problems, rece ions erages or take any drugs or medicat 8. Did you consume any alcoholic bev the com plaint? If h incident(s) described in within 12 hours before the time of eac med icat ion which c beverages, drugs, or so, state the type and amount of alcoholi re you consumed them. and whe were consumed, and when (dates) ANSWER ets". I "Morning Glory" and "Angel Trump 1. On one occasion I had taken do not recall the date. . aine powder. I do not recall the date 2. On another occasion I used coc al, mental) for which you are claiming 9. Describe each injury (physical, emotion of your body that was injured, the t damages In this case, specifying the par you contend are permanent, the effects inju ries nature of the Injury and as to any on you that you claim are permanent ANSWER depression. I lost my self-esteem. I I have bi-polar disorder and manic s. s and legs and developed drug problem began cutting myself on my arm Permanent Injuries are psychological. you claim, and include In your answer the 10. Please state each item of damage that tes; the factual basis for each item of rela count to which the item of damages s, lana tion of how you computed each item of damage damages; and an exp including any mathematical formula used. ANSWER tal anguish, mental pain, psychic I am claiming compensation for men se damages will be evaluated by . The trauma, and loss of enjoyment of life met hods of computation in an amount of a jury who will provide their own blished by 18 U.S.C.A. § 2266. at least the statutory minimum esta Discovery Is ongoing. of each physician (including psychiatrist, 11. List the names and business addresses ider) who has treated or examined you, psychologist, chiropractor or medical prov 13 ti EXHIBIT :tanA EFTA01070425 Entered on FLSD Docket 04/02/2009 Page 2 of 2 . Case 9:08-cv-80811-KAM Document 54-2 C.M.A. vs. Epstein, et aL CaseNo.: 08-CV-8081I-CIV-MARRAB0 HNS0N Plaintiff's Answers to Defe ndan t's First Inter rogatories ation e received any treatment or examin and each medical facility where you hav h the ages In this case; and state as to eac for the injuries for which you seek dam ditio n for whi ch you were the injury or con date of treatment or examination and examined or treated. ANSWER ld defer Dr. Serge Thys (Psychiatrist) Date: I do not recall the date. I wou to the Doctor's records. 216145° Street West Palm Beach, FL 33407 Since high school. Ongoing. all Pope (CounselorlTherapist) Date: Parent Child Center 2001 W. Blue Heron Boulevard lities, es of all other physicians, medical faci List the names and business address s 12. chiatric) or other health care t provider rehab facilities (drug, alcohol or psy by tal health counselor and chiropractors including psychiatrist, psychologist, men and mined or treated In the past 10 years; whom or at which you have been exa the con ditio n or inju ry n or treatment and state as to each the dates of examinatio treated. for which you were examined or ANSWER 108) Good Samaritan Hospital (3112104, 3126 Child Birth 1309 N Flagler Dr West Palm Beach, FL 33401 St. Mary's Hospital (4107) DNC 901 46th Street West Palm Beach, FL 33407 Gloria C. Hakkarainen, MD Ob/Gyn 292610th Avenue North, Suite 306 Palm Springs, FL. 33461 Theodore Ritota, DDS Dentist 14 EFTA01070426 Pne 1 off 8 ' Entered on FLSD Docket 04/02/20 09 Pagel of 8 Case 9:08-cv-80811-KAM Document 54-3 \Nam Page 1 703 So.2d 1076 5,23 Pla. L. Weekly DI69 703 So.2d 1076,22 Fla. L. Weekly D237 (Cite as: 703 So.2d 1076 ) riality. 307A1c31 k. Relevancy and Mate District Court of Appeal of Florida, Most Cited Cases Fifth District evidence that Party may be permitted to discover: erly BAL AS and Teresa Shumate, Petitioners, trial, if it woul d lead to Kimb v. would be inadmissible at of relev ant evide nce. West 's P.S.A . RCP etc., Re- discovery Marjorie A. RUZZO, and Exec., Inc., Rule 1.280(6)0). spondents. No. 97-82. (3] Pretrial Procedure 307A at=36.7. Oct. 10, 1997. Jan. 2, 1998. , 307A Pretrial Procedure As Mo4Ifled on Grant of Clarification In • , 307A11 Depositions and Discovery , 21(O k rev .dent ea p lei '%0:2-6 ). 307AI1(A) Discovery in General alleged house of \ (Nen Plaintiffs brought action against 307Ak36 Particular Subjects of Disclos- ure itutio n for, inter alia, coerc ion of prostitution. k. In Gene ral. Most Cited prost 307Ak36.1 Frank Pound, The Circuit Court, Brevard County, dis- Case s n to comp el J., granted in part defendants' motio Evidence of plaintiffs' past prostitutio n and their writ of certior- covery. Plaintiffs filed petition for revenues relati ng to such activ ities, inclu ding activ- The Distr ict Cour t of Appe al, W. Sharp, J.. held e of prost itutio n against art. ilia with alleged hous itution and that evidence of plaintiffs' past prost which they had fded suit, was d'isco 'verab le, where reven ues relati ng to such activities was dis- n not only fbr coerc ion of their plaintiffs brought actio covetable. n, but also for batte ry, false imprison- prostitutio tional infliction of ment, invasion of privacy, inten Petition denied. emotional distr ess, viola tion of their civil rights, and racketeering. Viole nt Crim e Control and Law opinion. Harris, J., concurred specially and filed Enforcem ent Act of 1994 , § 4030 2, 142 U.S.C.A. § 772.0 14, 796.09; West's West Headnotes 13981; West's P.S.A. §§ FS.A. RCP Rule 1280 (b)(1 ). her Fisher Lind- e 307A eza3 1 *1076 Richard E. Johnson and Heat [1) Pretrial Proc edur gs I John son, Talla hasse e, for Peti- say, of Sprig tioners. 307A Pretrial Procedure 307A11 Depositions and Discovery Mark S. Peters of Amari, Therlac & Eisenmenger, 307All(A) Discovery In General P.A., Coco a, for Resp onde nts. riality. 307Ak31 k. Relevancy and Mate Most Cited Case s ant to subject Discovery in civil cases must be relev W. SHARP, Judge. and must be admi ssible or reason- matter of case nce. admi ssible evide for a writ of ably calculated to lead to Bales and Shumate petition this court West's F.S.A. RCP Rule 1.220(b)(1). certiorari to review certain portions of the lower a motion to court's order which granted, in part, (21 Pretrial Procedure 307A €.=31 compel discovery filed by respondents RU720 and ioner s argue that these porti ons de- Exec., Inc. Petit 307A Pretrial Procedure and will part from the essential requirements of law 307All Depositions and Discovery cause them irreparable harm because they will be 307All(A) Disco very in Gene ral to Orig. US Gov. Works. 0 2009 Thomson Reuters/West. No Claim EXHIBIT E&ifarNolSegtmt... 3/26/2009 tstrearn.aspx?sv=Split&prft=HTML http://web2.westlaw.corn/print/prin EFTA01070427 Puge 2 of 8 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 Rage 2 of B Page 2 703 Sold 1076 D169 703 So.2d 1076,22 Fla. I.,. Weekly D2375,23 Fla. L. Weekly (Cite as: 703 Sold 1076) tido:ten against their will. Count IV alleges that re- compelled to disclose intimate details of their sexu- spondents' actions constituted an invasion of peti- al history. We decline to issue the writ of certiorari. doners' privacy. Count V is a claim for the inten- tional infliction of emotional distress.,Count VI al- Batas and Shumate filed suit against Ruzzo and Ex- leges a civil rights action-that respondents have vi- ec, Inc., doing business as "The Boardroom." Ac- olated petitioners' right to be free from crimes of vi- cording to Batas and Shumate, The Boardroom op- olence motivated by gender within the meaning of erates ostensibly as *1077 a leisure spa but actually 42 U.S.C. section 13981. Finally, count VII seeks is a house of prostitution. Balls worked at The civil remedies for criminal practices or racketeering Boardroom from December 1993 until February pursuant to section 772.104, Florida:Statutes. 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 employees earnings from per- They seek an award of general and punitive dam- forming sexual acts. ages, among other relief. According to Batas and Shumate, Ruzzo exerted The discovery to which the petitioners are being re- mental and emotional control over her employees (mired 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 Russo or persons associated with her. At the work place, the employees were re- Interrogatory 8: Please advise how long have you quired to participate in religious and quasi-religious 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 U. foster dependency and loyalty to herself. At one time when the earnings of a new employee were Interrogatory 22: State with specificity 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 hoW you interact be- ity searched. Ruzzo caused the petitioners to with your husband, boyfriend, fiancEe' [sic] or lieve their continued employment was dependent on any other individual of the opposite PAL their submission to these searches and that they might be arrested on felony charges if they refused to submit to the searches. IR. Batas and Shumate's second amended complaint Request for Production 30: A copy of any photo- an against Ruzzo contains seven counts. Count I is graphs, movies or videotapes in which you per- action for coercio n of prostitu tion pursuan t to sec- the formed sexual acts and/or simulated sexual acts tion 796.09, Florida Statutes. Petitioners allege in exchange for money or other consideration. requirement that they perform sexual acts to retain their employment constitutes Inducement and coer- cion to engage in prostitution. Count II is a claim IV. for battery for the unwanted and offensive touching of the petitioners' bodies. Count IR is a claim for Interrogatory 16: Please list the names, addresses, pe- false imprisonment for physically confining the telephone numbers and rates of pay for all em- ployers for which you worked, Including the Gov. Works. O 2009 Thomson RtuteralWesi No Claim to Orig. US plit&prft-EMILE&ifm=NotSet&mt... 3/26/2009 http://web2.westlaw.conVprint/printstreEun.aspx?sv=S EFTA01070428 Page 3 of 8 Document 54-3 Entered on FLSD Docket 04/02/2009 Page 3 of 8 Case 9:08-cv-80811-KAM Page 3 703 So.2d 1076 D169 703 30.7A 1076, 72 Pla. L. Weekly D2375, 23 Fla. L. Weekly (Cite as: 703 So.2d 1076) nature, custody, condition, and location of any nature of the work, during the five years immedi- books, documents, or other tangible things and ately preceding the date of employment with the the identity and location of persons ,having know- 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 information sought place of employment and the reason for 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, materi- source of that income including any income from al protected by privilege, trade secrets or work other employment or *1078 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 one's 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 truth to ensure any selfemployment or owned business ventures a fair trial. Elkins v. Syken, 672 So2d 517 (Pla.1996). In the Iasi 5 years, including any records or list of customers, "special customer lists" or "sugar Here the petitioners argue that the information daddy's list." sought to be discovered regarding prostitution and their sexual activities was propounded solely to em- WIZ Discovery in civil cases must be relevant to barrass them and to invade their right to privacy. the subject matter of the case and must be admiss- ble The petitioners also claim that this information is 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); Amente v. Newman, 653 ible at trial. So.2d 1030 (Pla.1995); Russell v. Stardust Cruis- ers, Inc., 690 So.2d 743 (Fla. 5th DCA 1997). The Section 796.09 provides a person with a civil cause concept of relevancy Is broader in the discovery of action for compensatory and punitive damages context than in the trial context and a party may be against anyone who coerces that person into prosti- permitted to discover evidence that would be Inad- tution, who coerces that person to remain in prosti- missible at trial, If it would lead to the discovery of tution, or who uses coercion to collect or receive relevant evidence. Allstate; Amente. Florida Rule of any part of that person's earnings. derived from Civil Procedure 1280(b)(1) delineates the proper prostitution. In the course of litigation under this scope of discovery: section, any transaction about which 'a plaintiff test- ifies or produces evidence does not 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 forfeiture. In addition, any testimony or evidence or the subject matter of the pending action, whether any Information produced by the plaintiff or wit,- It relates to the claim or defense of the party seeking discovery or the claim or defense of any other patty, including the existence, description. 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. &prft=HTMLEZtifrasNotSet8srnt... 3/26/2009 http://web2.westlaw.com/print/printstream.aspx?sv=Split EFTA01070429 Paze 4 of 8 Case 9:08-cv-80811-I<AM Document 54-3 Entered on FLSD Docket 04/02/2009 Frage 4 of 8 Page 4 703 Sold 1076 L. Weekly DI69 703 So.2d 1076,22 Pla. L Weekly D2375. 23 Fla. (Cite as: 703 So.2d 1076) attested. ness for the plaintiffs cannot be used against the plaintiffs or witness in any other investigation or Under section 796.09, the petitioners' prior involve- proceeding, except one for perjury. ment in prostitution and their earnings from prosti- tution would be Irrelevant. Hence discovery should Section 796.09(5) specifically provides that it is not not be permitted because such Information 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 constric- or prostitution-related offenses are inadmissible for ted so that prostitutes will not bo embarrassed, har- the purpose of attacking the plaintiffs' credibility. assed or hindered in their actions. This legislation was the result of the Florida Su- 13) 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- 796.09, evidence of petitioners' past prostitution, titution in this state. The Commission's activities including with the Boardroom, and Their earnings included interviews with law enforcement and cor- relating to such activities, may not Have been dis- rections personnel,*1079 judges, public defenders, coverable. However, the petitioners filed a multi- prosecutors, drug rehabilitation counselors, social count complaint for compensatory; and punitive workers, medical personnel, prostitutes, clients and damages, alleging numerous causes of action pimps. The Commission found prostitution to be against the respondents. These other causes carry prevalent and uniform throughout the state and law 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 Commission further found that prostitutes are often 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. TIB Bank of the Keys, 687 So.2d 895 (Fla. 3d dren, are controlled by pimps who use a variety of 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 vender, 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 tortious harsher treatment in the courts. The Commission conduct, thus deposition questions concerning her recommended changes in the methods of interven- state of mind were relevant). tion in prostitution from punitive to therapeutic, changes in the law to require more equal treatment Petition for Writ of Certiorari DENIED. by the courts of the prostitute in relation to the cli- ent and the pimp and to lessen the incentive to THOMPSON, J., concurs. traffic in human flesh by giving the prostitute ac- opin- HARRIS, J., concurs specially with cess to the judicial system without first having to be lon.HARItIS, Judge, concurring specially: Works. © 2009 Thomson Reuters/West. No Claim to prig. US Gov. &prft=HTMLE&ifm=NotSet&mt... 3/26/2009 http://web2.westlaw.com/print/printstream.aspx7sv=Split EFTA01070430 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 PPASeggf 8 Page 5 703 Sold 1076 D169 703 So.2d 1076, 22 Fla. L. Weekly D2375, 23 Fla. L. Weekly (Cite as: 703 Sold 1076) any part of that person's earnings derived from There is a temptation In cases such as this to inquire prostitution. which, the pot or the kettle, is imbued with the darker hue. Indeed that may ultimately be the ques- The employees resist discovery of thdir 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 parties' comparative complex- :5) 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 are 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 prostitution 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 are 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 defenSe 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, reoerced" into employees to answer. These intenogatories+1080 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 ployees have been affected by the defendants' con- course, on what constitutes coercion. : duct; copies of photographs, movies, and video- tapes in which the employees have performed sexu- 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 statement of income receive d from defenda nts. no merit at all. Webster defines "coercion" as: (L) These interrogatories survived the employees' ob- to restrain or dominate by force, (2). to compel an jections. I agree certiorari should be denied. act or choice, or (3) to enforce or bring about by force or threat. In sexual battery cats the legis- The employees' primary cause of action is based on lature has adopted the common meaning of the s: section 796.09(1), Florida Statutes, which provide word "coercion" and has even placed limits 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 if the victim reasonably belleveS the perpetrat- or has the present ability to execute the threat"" ',a) 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 or another if the victim reasonably believes that the :b) A person who coerces that person to remain in perpetrator has the ability to execute the threat in prostitution, or the future.nn And in sexual battery cases, the le- gislature has vitiated what might otherwise be con- ,It) A person who uses coercion to collect or receive Works. © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. rfe•HTMLE&ifm-NotSet&mt.. 3/26/2009 http://web2.westlaw.com/print/printstream.espesv— plit&p EFTA01070431 Pitge 6 of 8 09 Page 6 of 8 Document 54-3 Entered on FLSD Docket 04/02/20 Case 9:08-cv-80811-KAM Page 6 703 So.2d 1076 5, 23 Fla. L. Weekly O169 703 So.2d 1076, 22 Fla. L. Weekly D237 (Cite as: 703 So.2 d 1076 ) rdsl known phys- 1)Promise of greater financial rewa sidered as consensual if one exploits a achieve his ical or mental weakness of the victim to who is phys- J) Promise of marriage. or her goal or takes advantage of one icatecinn rily intox unications with ically helpless or Involunta befor e co- 10 Restraint of Speech or comm in sexu al batte ry cases , Therefore, oven the free others. e cons ent, ercion or exploitation will vitiat force or be overc ome by developmental will of the victim must circu msta nce suffe red ) Exploitation of a condition of threat or some unfortunat e disability, cogn itive limita tion, afiO tive disorder, by the victim. or substance dependency. Stet- F/41. Section 794.011(4)(6), Florida e,m) Exploitation of victimization by sexual abuse. "tea. rmance. da Stat- '",n) Exploitation of pornographic perfo FM. Section 794.011(4)(c), Flori food, shelter, utes. :o) Exploitation of human needs for and (f), safety, or affection. PN3. Section 794.011(4)(a),(d),(e), herein is the Florida Statutes. The definition urged by the employees Whether finan cial rewa rd." "coercion" con- "promise of a greater issue of But then we get to the definition of the requested infor mati on is relev ant to the tained in section 796.09(3): depe nd on what the legis- coercion in this case will mean ing of ded by subs ectio n (I) in the term "coercion" lature inten ,3) As used in this section, the "coercion." means any practice of dom inion , restraint, or in- se of or with the reason- htful analysis ducement for the purpo ing anoth er person I agree with Judge Altenbernd's thoug ably foreseeable effect of caus v. Brigh am, 694 So.2 d 793 (199 7): pros titutio n or to relin- in State to enga ge in or rema in in titution, and in- lature's unusu- quish earnings derived from pros There can be no dispute that the legis common dic- cludes, but is not limite d to: al definition of "perc ent" is not a appropriate ical force. tionary definition. This is perhaps 'an te) Physical force or threats of phys remi nd ourse lves of Learned case in which to 's famo us obse rvatio n that a "mat ure and de- Hand a)) Physical or mental torture. e a fortress veloped jurisprudence" does not "mak out of the dictionary." re) Kidnapping. s between But even so, one would expect some nexu 41081(d) Blackmail. pted mean ing of a word and the the commonly acce of that word ascri bed by the legislature. ss. defin ition ;e) Extortion or claims of indebtedne ine" as for example, the legislature defined "can ruden- report of delin- Including cats, although one might, jurisp ate ',1) Threats of legal complaint or tially speaking, expe ct to hear a meow eman rtheless quency. from a Great Dane, the courts should neve the legis lative histo ry to see if that tal rights or re- closely examine s,g) Threat to interfere with paren is reall y what the legis lature inten ded. The court In judic ial or administrat- 69 N.W.2d 534, sponsibilities, whether by Young v. O'Keefe, 246 Iowa 1182, ive action or other wise. 537 (195 5), state d this princ iple as follows: "But ',11) Promise of legal benefit. to Orig. US Gov. Works. O 2009 Thomson Reuters/West. No Claim fm=NotSeteimt... 3/26/2009 am.aspx?sv=Splitezprft=HTIVILE8ci Intp://web2.westlaw.corn/print/printstre EFTA01070432 0 131gf 8 PA%7 Document 54-3 Entered on FLSD Docket 04/02/2009 Case 9:08-cv-80811-KAM Page 7 703 So.2d 1076 5, 23 Me. L. Weekly D169 703 So.2d 1076, 22 Fla. L Weekly D237 (Cite as: 703 So.2d 1076) the coer- expand the of an opportunity to make a decision with before a definition is construed so as to cion of that decis ion. But subs ectio n (I) can also ing of a well- know n word to inclu de its ant- of a mind er rewa rd is mean the legis lature to that ef- mean *1082 that the promise suffic ient onym ..., the intention of (1such prom ised rewa rd is Judg e Cam pbell obse rved in coercion only g one's fect must be clear ." As al revu lsion to sellin , 580 So.2d 814, to overcome one's natur Catron v. Roger Bohn , D.C. revulsion, there body for money. If there is no such 818 (Fla- 2d DCA 1991 ): can be no coercion. Becoming a pros titute only be- cause one likes the hour s and wage s or "because it to legislative it is our primary duty to give effect beats the heck out of work ing for a livin g" simply intent and, if a litera l interp retat ion of a statute test of secti on 796.0 9(1). should ex- should not meet the leads to unrea sona ble resul ts, then we inter pret reaso n and logic to it. ested without ercise our power to At oral argument herein, it was sugg one of the empl oyees has contradiction, that at least g, legit- degre e and gave up a well- payin a college ssion for imate Job in order to enga ge in this profe ting this le- Unfortunately, it is apparent that In enac the greater rewa rd. Sect ion 796.0 9 does not appe ar tion, the legis lature has, witho ut redefining relie f act. It is base d on a gisla of this legis lation, of- to be a general prostitute's whic h the terms for the purpo ses by the Gend er Bias Stud y Com miss ion only acce pted mean- report rela- used terms with comm on of treatm ent in ten from those recommended the equalizati ings for purposes at great variance tion to the prostitute, the client and the "pimp." It is only accep ted mean ings. prost itutes are generally comm based on the premise that hological of econ omic , phys ical, and psyc the term for victims In our case, the legislature did define the term coercion and choose pros titutio n in order to sur- the purpose of the act. But beca use miss ion was conc erned that reted two vive. Furth er, the Com defin ed can be interp controlled by (coer cion) as so only accepted 90 percent of the street prostitutes are ways-one consistent with the comm "pimps" who use a varie ty of coerc ive methods to ing and one at varia nce-w e shou ld not accept s clear that the legislature mean such legis lative intent is maintain control. It seem the "antonym" unles s inten ding to depa rt from the prece pts of the base d on a hope was not clear. A free will decision, even if ed de- commonly understood mean ing of "coe rcion " and is the oppo site of a coerc will decis ions and of financial gain, to rede fine it to inclu de both free ion urged by cisio n. compelled decisions.. The interpretat oyee s seem s at varia nce with the stated ise of a the empl The employees urge that the mere promBut if the goal of the legislature and the Gend er Bias Com- s them withi n the act. greater reward bring miss ion. sufficient to es- mere promise of a greater reward Is then anyo ne who make s a volun- for one tablish coercion, will motiv ated by Since there is no cause of action prOvkled ise of tary and reasoned exercise of free ed. This who makes a reasoned and volun taiy exerc the hope of econ omic gain has been coerc profession of comp ulsio n im- their free will to enter or continue into definition removes the element of coer- solely for financial rewa rds (assu ming "coe rcion" is only accep ted mean ing com- plicit in the comm e for fin- given the definition more consistent with its cion and substitutes therefor the mere desir since monly accepted mea ning and assu ming that my in- empl oyee s here in asser t that d), coercion ancial gain. The rd" for terpr etatio n of legis lative inten t is coife financ ial rewa they were offered "a greater throu gh becomes the critical issue in the trial of such action. servi ces perfo rmed by them defen dants ap- providing the into The interr ogato ries prop ound ed by were coerc ed defendants' establishment, they pear relevant to the issue of coercion. tes the giving their prostitution activities. This equa to Orig. US Gov. Works. (g) 2009 Thomson Reuters/West. No Claim ifmNotSet&mt.. 3/26/2009 tstream.aspx?sv=Split&prft4-1114Lra http://web2.westlaw.com/print/prin EFTA01070433 04/02/2009 Plgroe Of 8 Document 54-3 Entered on FLSD Docket Case 9:08-cv-80811-KAM Page & 703 So.2d 1076 D2375, 23 Fla. L Weekly D169 703 80.261076,22 Fla. L Weekly (Cite am 703 So.2d 1076) es one who is a party in the hospital] and which mak ant ease, guilty of ion based on a relat- inst This is a cue of first impress the legislative his- thereto, as the appellant in the an agree- meat.") d, such ively new statute. As indicate a criminal act for ente ring into that the statute is de- tory of the new law suggests were forced to enter ing to rule on the signed to assist those who We are not asked in this proceed rmation as evid- to keep a roof over their heads ove red info prostitution in order admissibility of the disc s not appear to be in- We are to determine or food on their table. It doe ence at the trial of this cause. who volu ntarily enter the pro- mig ht lead to admissible tended to aid those cedes instead of a only if the information fession in order to drive a Mer us indicates that we deny the Writ I re evidence. Even *1083 though question: reco rd befo foll owi ng Ford. The limited suggest we certify the the defendants (those even beginning employees of hed clientele) bring in CE, nnadom, who do not have an esta blis DOES ONE, FREE FROM FOR US CIRCUM- 50% of their earnings. TION, OR DISADVANTAGEO SONED DE- $700 a day and can keep k, this would reflect wee REA Based on a five-day wor k STANCE, WHO MAKES A an income of $87,500 a year even in with a two week CISION TO BEC OM E OR REM AIN A PROSTI- here are not begin- TEE PROCEEDS vacation. And the employees TUTE OR TO SHA RE MIS E OP A BEC AU SE OP A PRO ners. THEREOF AR D HA VE A GREATER FINANCIA L REW legislature intended TION CAUSE OF ACTION UN DER SEC There is no indication that the e it a respectable or to mak 796.09(1), FLORIDA STA TUT ES? to legalize prostitution d to place the prosti- profession. It merely Intende the client and the tute on the same foot ing with ntar ily makes the de- , FOR CLARI- "pimp." If a prostitute volu force, intimidation, ONMOTIONSFOR REHBARINO N, ANDFOR RE- cision to participate, free from FICATION, FOR CER TIF ICA TIO e, then he or she is HEARING EN BAN t C or disadvantageous circumstanc r participants and as the othe on the same footing should be treated the same, W. SHARP, Judge. have filed motions Petitioners Bales and Shumate certification. We e a legitimate public for rehearing, clarification and one regard. We Although it might well serv the can niba listic demise of such deny the motions in full except for purpose to permit unsympathetic with this the lest iWl paragraph of the enterprises (end I am not delete the sent enc e in view), that does not app ear to be the policy behind opinion which read s: "Th ese othe r causes of action in al= where coer- disc r'y." ove the current statute, Therefore, carry no such protection from (and this may or may not be cion is not present e its tradition of not ANTED as stated ono), the court should continu lving transactions Motion for Clarification GR and Certification con flict s Invo for Reh eari ng interceding In civil above; Motion against public policy. that are either illegal or are DENIED. See Wechsler v. Novak 157 Fla- 703 , 26 So.2d 884 So.2 d 1157, 1160 cone*. (1946); Thomas 14 Refiner, 462 ted, 472 So.2d 1182 HARRIS and THOMPSON, JJ., 4), rev. den 97. (Pie. 3d DCA 198 Inte rfer ence with Fla.App.5 Dist..19 for (Fla.1985) ("An action may lie a void- Bales v. Ruzzo even perh aps ekly 112375, 23 Pla. an unenforceable con trac t and on Iles for Inter- 703 So.2d 1076, 22 Fla. L. We of acti able contract. No such cause against public policy L. Weekly D169 ference with a con trac t void as a client obtained by a (anther's representation of l injury solicitation END OP DOCUMENT doctorflawyees illeg al pers ona . Works. / st No Claim to Orig. US Gov CO 2009 Thomson Reuters We otSet&mt... 3/26/2009 nt/printstrcam.aspx?sv=S plit&prft=1-ITMLYS/iftn=N http://web2.westlaw.corn/pri EFTA01070434 Entered on ELSD Docket 04/02/2009 Page 1 of 2 3V Case 9:08-cv-80811-KAM Document 54-4 EENTH IN THE COURT OF THE FIFT T, IN AND FOR PALM JUDICIAL CIRCUI , BEACH COUNTY FLORIDA A.C., CASE NO. 502008CA025129)OOO(MB Al Plaintiff, v. E. EPSTEIN, and Defendants. MOTION TO COMPEL RESPONSES TO ORDER ON DEFENDANT EPSTEIN'S E TO PLAINTIFF AND TO OVERRULE FIRST REQUEST TO PRODUC ENDANT'S EXPENSES PLAINTIFF'S OBJECTIONS, & FOR DEF EYS ' FEES INCLUDING ATT ORN the Cou rt on Defendant Epstein's Motion To THIS CAUSE came before ••• Produce To Plaintiff And To Overrule Compel Responses To First Request To Fees ant's Expenses, Including Attorneys' Plaintiffs Objections, & For Defend e t of counsel and being fully advised in thes and the Court having heard argumen premises, it Is hereby .. • endant's Motion is hereby granted/ ORDERED and ADJUDGED that Def denied oto 4 r7 4 411 ett2Nu__Q-4 ao. to 4 22 GLaI nbriarket . L aro ...ape,. ID Sap. Cotes urthouse, West Palm DONE AND ORDERED at Paltry Beach Beach, Florida, this '1, day of /-0 Edward A. Garrison Circuit Judge Copies furnished: J. PIKE, ESQ.. 616 North Hagler Drive, Stile 400, West Pain Beach, ROBERT D. CRITTON, JR., ESQ., and MICHAEL ney Ster ols Barnhart & JACK P. HILL, ESQ., Seam y Den FL 33401; JACK SCAROLA, ESQ., AND 9, and JACK A. s Blvd., West Palm Beach, FL 3340 Shipley, PA, 2139 Palm Beach Lake r & Weise, PA, One Manage Centre, Suite 1400, 250 , GOLDBERGER. ESQ., Alterbury Goldberge Australian Avenue South, West Palm Beac h, FL 33401 IJ,n if 0, Sc10 EXHIBIT e - 6' ce A25) EFTA01070435 3C. Entered on FLSD Docket 04/02/2009 Page 2 of 2 Case 9:08-cv-80811-KAM Document 54-4 EENTH IN THE COURT OF THE FIFT JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORID A Al CASE NO. 502008CA0'25129*C<MB Plain*, v. E. EPSTEIN, and 1W Defendants. MOTION TO COMPEL ANSWERS TO ORDER ON DEFENDANT EPSTEIN'S LE PLAINTIFF'S OBJECTIONS. & FOR INTERROGATORIES AND TO OVERRU LUDING ATTORNEYS' FEES DEFENDANTS EXPENSES, INC To rt on Defendant Epstein's Motion THIS CAUSE came before the Cou For And To Overrule Plaintiffs Objections, .& Compel Answers To Interrogatories 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 endant's Motion is hereby granted/ ORDERED and ADJUDGED that Def •IAD 4IS, 12 4 1 8 /At , Lai eta.) tom- 4.2 to dap. ch Couoy Cou rthouse, West Palm DONE AND ORDERED at Palm Bea Beach, Florida, this 23 day of dward A. Garrison Circuit Judge Copies furnished: AEL J. PIKE, ESQ, 515 North Fleeter Drive , Suite 400, West Pafm Beach, ROBERT D. CRITTON, JR., ESQ., and MICH ., Sea rcy Den ney Scare's Barnhart & AND JACK P. HILL, ESQ FL 33401; JACK SCAROLA, ESQ., h, FL 33409, and JACK A. ch Lakes Blvd., West Palm Beac Shipley, PA, 2139 Palm Bea P.A., One Clea rlake Centre, Suite 1400, 250 berger & Welsa, GOLDBERGER, ESQ., Atterbury Gold h, FL 33401 Australian Avenue South, West Palm Beac EFTA01070436 Entered on FLSD Docket 04/02/2009 Page 1 of 14 ase 9:08-cv-80811-KAM Document 54-5 r 1 COURT IN THE FIFTEENTH JUDICIAL CIRCUIT IDA IN AND FOR PALM BEACH COUNTY, FLOR CASE NO.. 0 2008CA020614XXXXMB AF; 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. Le al' Su ore EXHIBIT EFTA01070437 Entered on FLSD Docket 04/02/2000 Page 2 of 14 se 9:08-cv-80811-KAM Document 54-5 2 1 2 APPEARANCES: 3 GARCIA LAW FIRM, P.A. 4 224 Datura Avenue Suite 900 a 33401 5 West Palm Beach, Florid Counsel for Plaintiff ESQUIRE 6 BY: ISIDRO M. GARCIA, 7 R & COLEMAN 8 BURMAN, CRITTON, LUTTIE 515 N. Flagler Drive 9 Suite 400 rida 33401 West Palm Beach, Flo 10 Counsel for Defendant N, JR., ESQUIRE BY: ROBERT D. CRITTO . 11 12 13 14 15 16 17 18 19 20 21. 22 23 24' 25 U.S. Le al Su ort EFTA01070438 2009 Page 3 of 14 Document 54-5 Entered on FLSD Docket 04/02/ 11 Case 9:08-cv 80811-KAM ke to do that. that but I'd just li And if you want to 2 THE COURT: Right. ow, t th e ot he r in di vi duals saying, you kn 3 contac or not questioning whether 4 I'm the one that's u may have fore one judge. Yo 5 these need to be be eagues who ive than your coll 6 a different perspect of the cases. 7 are prosecuting some damages. I'm riot I understand the . It's I'm saying transfer 9 saying consolidate. ts that issue. Everybody ge 3.0 not a consolidation e very ason. The words ar 11 confused for some re d how mouth, your mouth an 12 different out of my 13 they're written. at d and take a gander 14 So let me go ahea night. I'm not sure 15 this. I did read it last -- we need names? 16 that we need to get some Well, here's what 17 MR, CRITTON: Right. if I is sues ar e is th at, as an example -- 18 of the bench. 19 could approach the 20 THE COURT: Sure. MR. CRITTON: This is some of the 21 scovery 've ob tained through di 22 information that we is from at least in th 23 from some of the -- Jane Doe. be this particular 24 instance, it would e is I take THE COURT: You know who Jane Do 25 t U.S. Legal Suppor EFTA01070439 9 Page 4 of 14 Document 54-5 Entered on FLSD Docket 04/02/200 12 Case 9:08-cv-80811-KAM 1 it? MR. CRITTON: Right. 2 Doe is? 3 THE COURT: You know who the Jane Yes, correct. And so this 4 MR. CRITTON: dnd ke pt in part a diary 5 particular lady has me time -- s to have started so 6 she -- which appear me y significant -- but so 7 this is not in any wa file a ned that she could time after she lear ood ws ui t. I th in k sh e's also been to Oakw 9 la uld file r she learned she co 10 Center some time afte stein. la ws ui t an d se ek damages from Mr. Ep 11 a of this lady 12 There's no history ood . in some of the Oakw 13 beforehand other than started s Taker Acted, she 14 records where she, wa 16, she started Xanax at 15 drinking beerat'16, ally '15, that she's sexu 16 started mariju'na at 17 active. racted -- she has a 18 So how she has inte and damages, mental pain 19 claim. for emotional she's gu is h, ps yc hi at ri c- type damages. How 20 an e events nds, with family, th 21 interacted with frie sonal he r li fe , sc ho ol , work, her interper 22 in -- we'll with men and let's 23 relationships both duals. an 'e xa mp le me n he re, but other indivi 24 use stein, is event with Mr. Ep 25 She's saying that th t: U.S. Legal Suppor EFTA01070440 Page 5 of 14 Document 54-5 Entered on FLSD Docket 04/02/2009 13 Case 9:08-cv 80811-KAM tever occurred during 1. this sexual assault and wha caused her damage. 2 these events is that -- has cede such 3 And therefore damages in the chiatric-type. 4 as the emotional, mental, psy tive, I mean' 5 damages are completely subjec medical bills that 6 separate and apart from any y intangible. So these 7 may be -- which are clearl And the jury is B are intangible damages. advise the greater 9 instructed, you know, you t's fair and 10 weight of the evidence, wha stances. 11 reasonable under the circum basically this 12 So what we would have is what she claims her 13 young lady's testimony as to circumstances are with 14 damages are and what the n. She claims on 15 her situation with Mr. Epstei this guy, I'm dating 16 page 13, you know, I love 15 -- 17 this guy Chris. On page of a diary for 18 THE COURT: Is this part 19 treatment? It 20 MR. CRITTON: I have no idea what it is. ponse to discovery. And 21 was just produced in res I think this is 22 she apparently started in, I took Jay Lyntenis' 23 December of '08. You know zing day, I love her, 24 girl to the zoo, had an ama so much fun. I want a 25 i.e., the girl. We have U.S. Legal Support EFTA01070441 Entered on FLSD Docket 04/02/2009 Page 6 of 14 Case 9:08-cv-80811-KAM Document 54-5 14 Okay. So I know who 1 baby especially with him. er, I 2 this person is. We are all so open togeth what do I do with 3 love him and Jay and Lynn, her life. 4 Chris, who is another guy in re 5 All right. This is circumstances whe look, Jeffrey Epstein 6 this young lady is saying, age standpoint, has ruined my life from a dam duals with whom 8 okay. Let me depose other indivi And what if it turns 9 you've had a relationship. girls did -- is they 10 out -- as with some of these apades or 11 had relationships or had esc duals, older men similar 12 circumstances with indivi Mr. Epstein. 13 to Mr. Epstein well before one way or 14 And this girl, I don't know she had a situation 15 the other, but let's assume ested or raped, ' 16 where she was assaulted or mol her emotional and her 17 that all is going to affect it will all factor 18 mental pain and anguish and 19 into evaluating damages. that I'm 20 You know, it's not something I'm happy to keep it, 21. going to spread around. es of the discovery of 22 you know, within the confin 23 this case. But if she says every other been perfect but Jeff 24 relationship in my life has and it has affected 25 Epstein has done this to me U.B. Legal Support EFTA01070442 Entered on FLSD Docket 04/02/2009 Page 7 of 14 Case 9:08-cv-80811-KAM Document 54-5 15 my sexual 1 my ability to trust men and , which is part of 2 relationships with other men hips, okay, let's talk 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? MR% 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. ieve 16 at the 14 MR. GARCIA: She was I bel She was a minor 15 beginning and ended at 17. 16 during all this time. years. 17 THE COURT: June of '03 to now is six cia. 10 Let me hear from Mr. Gar e 19 MR. GARCIA: Judge, in the criminal cas Epstein, he would not 20 that was filed against Mr. s type of discoVery and 2/ have had a right to do thi 22 I -- if I could hand up -- care about' the 23 THE COURT: They wouldn't 24 women. MR. GARCIA: Right. Well, I mean -- 25 U.S. Legal Support EFTA01070443 8 Page 8 of 14 Document 54-5 Entered on FLSD Docket 04/02/200 Case 9:08-cv-80811-KAM 16 This is damages. There's no -- • 1 THE COURT: at the time.' 2 they weren't seeking damages 3 MR. GARCIA: Right. And we have not alleged answers to 4 in the complaint or in the lity to have a 5 interrogatories that her abi been affected by 6 relationship with a man has 7 Mr. Epstein's conduct. been 8 We have alleged that she has anxiety but we have 9 hospitalized for depression, cerning -- the only 3.0 not alleged any damages con nt is if we were 11 reason this would be releva lity to have either 12 making a claim at her abi e emotional relations 13 sexual relations or to hav experience with 14 with men was effected by her 15 Mr. Epstein. just a smoke 16 So this damages' claim is show the 17 screen to attempt to get evidence to other consensual 18 jury that this woman has had that are 19 relationships with young men t I would characterize 20 approximately her age wha it coming to her 21 as a slut defense. She had voluntarily 22 because she engaged in other 23 consensual -- the 24 THE COURT: Mr. Critton wouldn't try oom, I'm sure. 25 slut defense in my courtr U.S. Legal Support EFTA01070444 Entered on FLSD Docket 04/02/2009 Page 9 of 14 Case 9:08-cv-80811-KAM Document 54-5 17 t's 1 MR. GARCIA: Maybe not, but certainly tha going. And, Judge, 2 the way this discovery is 3 what -- nk 4 THE COURT: What are the damages you thi 5 your client is seeking? 6 MR. GARCIA: She is seeking emotional sion and anxiety and 7 distress damages for depres at the Oakwood Center. she has been hospitalized phone to a friend 9 Her friend -- she was on the office because she 10 who called the sheriff's The sheriffs 11. thought she was suicidal. her that day and 12 responded. They Baker Acted the Oakwood Center. 13 they took her eventually to w it's not 14 THE COURT: How do we kno ion by three other men 15 intertwined with her reject 16 since Mr. Epstein? d to 17 MR. GARCIA: Well, even if it was relate er men -- you mean 18 her rejection by three oth ? 19 other men's rejection of her do you not know 20 THE COURT: Yeah. Well, how il you do 21 that? I mean you can't do it unt iew the 22 discovery. Has anybody attempted to rev d out what's going on? 23 records from Oakwood to fin 24 MR. CRITTON: It's like a one-time visit then there's some 25 when she was Baker Acted and U.S. Le al 8 ort EFTA01070445 Page 10 of 14 Document 54-5 Entered on FLSD Docket 04/02/2009 Case 9:08-cv-80811-KAM 18 1 other -- ? 2 THE COURT: She didn't receive treatment 3 MR. CRITTON: She received treatment for k a couple of times. 4 that day and she's been bac I don't know what or 5 She's on medication. Again, her medical bills are 6 the extent but she's got -- 7 de minim's. didsthe $ Again as an example, Judge, look at the case 9 Court have an opportunity to motion? Because 10 that I also attached to the on all fours with . 11 there's a case that's almost motion which is 12 this which I attached to our 13 called Belles versus Russo. 14 THE COURT: Right. 15 MR. CRITTON: It was a case where the plaintiff sued the 16 plaintiff was sued -- the prostitution. ' So 17 former owners of a house of within it there were 18 that part is different, but ing a sexual assault 19 a number of claims includ nal pain, humiliation 20 claim and they sought emotio 21 and emotional distress. was filed in 22 Within the complaint that is seeking severe 23 this particular case, she anguish, humiliation, 24 emotional distress, mental ure, compensatory 25 embarrassment, past and fut U.S. Legal Support EFTA01070446 Entered on FLSD Docket 04/02/2009 Page 11 of 14 . Case 9:08-cv-80811-KAM Document 54-5 19 tion, mental anguish, • 1 humiliation, loss of reputa e type of dam ages. 2 pain and suffering, the sam 3 And what the Court said -- 4 THE COURT: How old is she now? MR. GARCIA: She's 21 no*. She's 21 now. What the Court 6 MR. CRITTON: only brought this 7 said is, you know, if you'd past issues, it's not 8 claim under 796 evidence of e for 9 an issue. You can't use this defens brought these other 10 anything, but because you know, sexual assault 11 claims which include, you s for other causes of 12 and you're seeking damage on sought by discovery 13 action since the informati d to the discovery of 14 may be relevant or may lea or more of theother 15 admissible evidence in one ination of damages, we 16 causes of action or determ court parted from 17 cannot conclude the trial' in granting -- 18 essential requirements of law ds, she's'not 19 THE COURT: So in other wor g current emotional 20 only seeking -- she's seekin s relationship and 21 damage as a result of thi if she had prior 22 you're trying to find out s could be intertwined 23 relationships. that perhap just Mr. Epstein's -- 24 with it so that it's not MR. CRITTON: Right. A perfect example is 25 U.S. Legal Support EFTA01070447 Entered on FLSD Docket 04/02/2009 Page 12 of 14 Case 9:08-cv-80811-KAM Document 54-5 20 a young 1 one of the cases that I have is there's the past 2 lady who claims that she was molested in in 3 and raped, pretty significant issues, well 4 advance of her even meeting with Mr. Epstein. 5 And they seem to play a large role in her 6 psychiatric and psychological evaluation. 7 We're going to come to the Court in a' this case as we have others and ask for if she psychological evaluation of this lady, and she had 10 was raped or if she was molested or just a 11 a bad experience or some -- whether it was ion, 12 young or old man assaulted her in some fash what -- 13 that may play a role in her damages and 14 THE COURT: What I'm going to allow for getting 15 discovery purposes only not necessarily re her 16 it in at the time trial are two years befo hing 17 first encounter with Mr. Epstein and anyt 18 subsequent. 19 MR. GARCIA: Judge, I just wanted to say on it, 20 the record because I forgot to mention the 21 there's also -- I did state an objection to d in this 22 identity of people that are unrepresente 23 courtroom. They have rights too. So what I -- 24 THE COURT: Well, my suggestion is that you that 25 send those people a letter and tell them U.S. Legal Support EFTA01070448 Case 9:08-cv-80811-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 13 of 14 21 1 you're going to disclose them and if they have a 2 problem with it that they come to see me before 3 you disclose 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 a have a John Doe, I'll have a John Doe heailng 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 for 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 U.S. Legal Support EFTA01070449 Document 54-5 Entered on FLSD Docket 04/02/2009 Page 14 of 14 Case 9:08-cv-80611-KAM 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. 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 18 TERES BELL, 19 Court Reporter 20 21 22 23 24 25 U.S. Legal Support EFTA01070450