EFTA00723668.pdf

IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA L.M., CASE NO. 502008CA028051>O<XXMB AB Plaintiff, v. JEFFREY EPSTEIN, Defendant. DEFENDANT'S MOTION TO COMPEL DOCUMENTS RESPONSIVE TO REQUEST TO PRODUCE SERVED OCTOBER 21, 2009 Defendant, Jeffrey Epstein (hereinafter "Mr. Epstein"), by and through his undersigned attorneys, moves this court for an order compelling the Plaintiff, L.M., to respond to the Defendant's Second Request to Produce to Plaintiff, attached hereto as Exhibit "A", and as grounds set forth would state: 1. The Defendant served a Second Request for Production on October 21, 2009. The request was served by fax and therefore would have been due November 20, 2009. 2. This court entered a stay at the request of Attorney Edwards, in the above- styled matter and as well as the case E.W. v. Jeffrey Epstein. The stay was entered effective November 19 through December 21, 2009. Therefore, the Plaintiff would have had two additional days following December 218` within which to file any objections or the documents responsive to the request to produce. The Plaintiff filed no response/no objections. 3. Attached as Exhibit "B" is the court's order on Epstein's Motion to Compel, Motion for Sanctions to Strike Pleadings and for Contempt of Court which the court granted in part. The court referenced the sanctions were denied without prejudice but cautioned EFTA00723668 L.M. v. Epstein Page 2 Plaintiff should the same conduct occur as the court has explained on the record when the deposition was re-taken. Attached as Exhibit "C" is the court's order on Plaintiffs Motion to Terminate the Deposition or to Limit the Deposition, which was also denied by this court. The court allowed an additional six hours to depose the Plaintiff for the reasons stated on the record. The Plaintiffs attorney was directed to provide a copy of the transcript of that hearing so that L.M. understood the court's position regarding her conduct at the initial session of her deposition. 4. Defendant, Epstein, further moves for reasonable attorneys' fees for being required to file this motion and attend the hearing in accordance with Rule 1.380, Florida Rules of Civil Procedure. Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was sent by fax and U.S. Mail to the following addressees on this 12th day of January , 2010: Brad Edwards, Esq. Jack Alan Goldberger, Esq. Farmer, Jaffe, Weissing, Edwards, Fistos Atterbury Goldberger & Weiss, P.A. & Lehrman, PL 250 Australian Avenue South 425 N. Andrews Avenue, Suite 2 Suite 1400 , FL 33301 West Palm Beach FL 33401-5012 Fax: ax Co- ounse or a endant Jeffrey Epstein Counsel for Plaintiff Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 hone EFTA00723669 L.M. v. Epstein Page 3 Co-counsel for Plaintiff BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 303 Banyan Boulevard Suite 400 iiiiiiii[ Fh. FL 33401 By: Robert Critton, Jr. Florid ar #224162 Micha I J. Pike Florida Bar #617296 (Counsel for Defendant Jeffrey Epstein) EFTA00723670  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA L.M., CASE NO. 502008CA028051XXXXMB AB Plaintiff, v. JEFFREY EPSTEIN, Defendant. PLAINTIFF DEFENDANT'S SECOND REQUEST TO PRODUCE TO by and through his Defendant, Jeffrey Epstein (hereinafter "Mr. Epstein"), pursuant to Rule 1.350, undersigned attorneys hereby request Plaintiff, L.M., (30) days from the date Florida Rules of Civil Procedure, produce within thirty hereof, the following items. DEFINITIONS AND INSTRUCTIONS other means of A. 'Document" means any written or graphic matter or s from which information preserving thought or expression, and all tangible thing nals and all non-identical can be processed or transcribed, including the origi of any notation made on copies, whether different from the original by reason d to, correspondence, such copy or otherwise, including, but not limite telegrams, teletype, memoranda, notes, messages, letters, purchase orders, telefax bulletins, e-mails, electronic data, meetings, reports, or other diaries, chronological communications, interoffice and intra-office telephone calls, es, worksheets, receipts, data, minutes, books, reports, charts, ledgers, invoic EXHIBIT EFTA00723671  v. Epstein Case No. 502008CA028051XXXXMBAB Defendant's Second Request to Produce to Plaintiff Page 2 of 6 samples etc..., computer returns, trade information regarding fabric, carpets, dules, affidavits, contracts, printouts, prospectuses, financial statements, sche magazine or newspaper cancelled checks, transcripts, statistics, surveys, and modifications, changes articles, releases (and any and all drafts, alterations s or aural records or and amendments of any of the foregoing), graph tion, photographs, charts, representations of any kind, including, without limita dings, motion pictures and graphs, microfiche, microfilm, video tape, recor sentations of any kind electronic, mechanical or electric recordings or repre discs and recordings), and (including, without limitation, tapes, cassettes, including the file and file cover. computer records, data, The term "Document" also means any and all whatever kind whether files, directories, electronic mail, and information of y diskette, compact diskette, printed out or stored on or retrievable from flopp memory, hard drive, zip magnetic tape, optical or magnetic-optical disk, computer ory stick, software, or any drive, jaz drive, orb drive, microdisk, external mem ut limitation, all back-up other fixed or removable storage media, including witho llaneous files and/or file copies, dormant or remnant files, and any and all misce e and regardless of fragments, regardless of the media on which they resid or file fragment. whether the data consists in an active file, deleted file, , dialogue, B. "Communications" means any oral or written statement colloquialism, discussion, conversation or agreement. relate to" means constitutes, contains, embodies, C. "Which deals with, or is in any evidences, supports, reflects, identifies, states, refers to, EFTA00723672 L.M. v. Epstein Case No. 602008CA028051)00C<MBAB Defendant's Second Request to Produce to Plaintiff Page 3 of 6 way pertinent to the subject. ey for L.M. D. "Plaintiff means L.M. and any employee, agent or attorn under her authority and and any other person acting for or on behalf of L.M., or control. sted has been F. If it is maintained that any Document which is reque date of such destruction destroyed, set forth the contents of the Documents, the such destruction. and the name of the person who authorized or directed ce to the G. If any of the Documents cannot be produced in full, produ lity to reproduce the extent possible, specifying the reasons for the inabi remainder. group of H. The term "all Documents" means every Document or Documents or Communication as defined above known to you. this Request I. The term "You" and "Your' means the parties to whom s' employees and for Production of Documents is addressed, including the partie the parties' behalf. agents and all other persons acting or purporting to act on st for J. If all of the Documents requested by any of the reque to whom this Request Documents are not within the possession of the individuals person who has for Production of Documents is addressed, identify each possession of the Documents. ment or K. If a claim of privilege is asserted as to any Docu Communication for which Communication requested, identify each Document or a privilege is asserted by stating: t, study), 1. Its nature (e.g. letter, telegram, memorandum, chart, repor EFTA00723673 L.M. v. Epstein Case No. 5020O8CA028O51XXXXMBAB Defendants Second Request to Produce to Plaintiff Page 4 of IS date, author, date and place of preparation and the name and address of each addressee, if there is an addressee; 2. The identity of each signer to the Document or Communication; 3. The title or heading of the Document or Communication; 4. The particular characteristics of the Document or Communication substantiating the claim of privilege; 5. Its present (or, if the present is not known, the last known) location and custodian; 6. The identity of each person to whom a copy was sent and each date of its receipt and each date of its transmittal or other disposition by (1) You and (2) any other person (naming such other person) who, at the time, either received, transmitted or otherwise disposed of such Document or Communication and each copy thereof; 7. The circumstances of each such receipt and each transmittal or other disposition, including identification of the person from whom received and the person to whom transmitted. L. As used herein, the singular and masculine form of a noun and pronoun shall embrace, and be read and applied as, the plural or feminine or neuter, as circumstances may make appropriate. M. Defendant is requesting the production of the original records for inspection where original records exist. N. Unless otherwise stated herein, the time period requested is from January 1, 2002 through the date of your response. Second Request to Produce 1. All documents which relate to your earnings as a prostitute or call girl. 2. The book containing a reference to a Bible verse on the cover which you testified contains records of your earnings as a prostitute or call girl from 2007 - 2008. See LM's 9/24/09 Deposition Transcript at 59-60. EFTA00723674 L.M. v. Epstein Case No. 502008CA02805DOVXMBAB Defendants Second Request to Produce to Plaintiff Page 5 of 6 3. All books, journals, diaries, logs, calendars or similar documents reflecting your earnings as a prostitute or call girl from 2006 through 2009. See LM's 9/24/09 Deposition Transcript at 61-63. 4. All books, journals, diaries, logs, calendars or similar documents reflecting the names of any individuals you brought to the home of Mr. Epstein. 5. All documents reflecting the names, telephone numbers, addresses, dates and/or income received from any individuals who paid you for sex or to engage in sexual activity. 6. All documents reflecting the names, telephone numbers, addresses, dates and/or income received from any individuals who paid you for a massage. 7. All photographs, movies, dvds, and videotapes in which you performed sexual acts or simulated sexual acts. 8. The video in which you testified you engaged in sexual act(s) in 2007, when you were nineteen (19) years old. See LM's 9/24/09 Deposition Transcript at 112 —17. 9. All photographs, movies, dvds, and videotapes which depict you performing at an adult entertainment establishment. 10. All prescription bottles, receipts or documents reflecting all medications you were prescribed. 11. All documents which relate to your employment in what you testified were "bunny ranch" shops, including any photographs, movies, dvds and/or videotapes. See LM's 9/24/09 Deposition Transcript at 46. 12. All messages you sent or received on myspace.com which relate to Jeffrey Epstein or this lawsuit. 13. All emails you sent or received which relate to Jeffrey Epstein or this lawsuit. 14. All emails you sent or received which relate to your occupation as a prostitute or escort, including all emails sent to or received from individuals who paid you for sex or to engage in sexual activity. EFTA00723675 Z.M. v. Epstein Case No. 502006CA028051XXXXIMiAB Defendant's Second Request to Produce to Plaintiff Page 6 of 6 Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing has been sent via U.S. Mail and facsimile to the following addressees this 21st day of October, 2009. Brad Edwards, Esq. Jack Alan Goldberger, Esq. Brad Edwards and Associates, LLC Atterbury Goldberger & Weiss, P.A. 2028 Harrison Street 250 Australian Avenue South Suite 202 Suite 1400 Ho I ood FL 33020 Wes a h FL 33401-5012 Phone Fax: Fax Co-Counsel for Defendant Jeffrey unse or aintiff Epstein Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Cesery Boulevard Suite 250 L 32211 Phone Fax go-cot seor Plaintiff BURMAN, CRITTON, LUTTIER & COLEMAN 303 Banyan Blvd., Suite 400 West Palm 1 Telepho Facsi BY: ROB RITTON, JR., ESQ. Florida Bar No. 224162 MICHAEL J. PIKE, ESQ. Florida Bar No. 617296 Counsel for Defendant Jeffrey Epstein EFTA00723676  IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA L.M., CASE NO. 502008CA028051)000(MB AB Plaintiff, v. JEFFREY EPSTEIN Defendant. ORDER ON EPSTEIN'S MOTION TO COMPEL, FOR SANCTIONS, TO STRIKE PLEADINGS AND FOR CONTEMPT OF COURT THIS CAUSE came before the Court on Epstein's Motion To Compel, For Sanctions, To Strike Pleadings And For Contempt Of Court, and the Court having heard argument of counsel and being fully advised in these premises, it is hereby daeon.4.4-A ORDERED and ADJUDGED that Defendant's Motion is heret grarlti,217lie..4fri s.."- etterS eo Sirs* ^A 74,./atoli 4400fegf14, zetanot * 7 ; 67 , 49 ./gbie fAiv€4 1 ?,O5a.er ounegt.6040?-4a, DONE AND ORDERED at Palm Beach County Court ouse, West Palm Beach, Florida, this c:2- day of r li kerC , 2009. Copies furnished: ROBERT D. CRITTON, JR., ESQ., and MICHAEL J. PIKE, ESQ., 303 Banyan Boulevard, Suite 400, West Palm Beach, FL 33401, BRAD EDWARDS, ESQ., Rothstein, Rosenfeldt Adler, 401 East Las Olas Boulevard, Suite 1650, Fort Lauderdale, FL 33301 and JACK A. GOLDBERGER, ESQ. Atterbury, Goldberger & Weiss, PA, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401 and JAY HOWELL, ESQ., Jay Howell & Associates, P.A, 644 Cesery Boulevard, Suite 250, Jacksonville, FL 32211 EXHIBIT );(1;0 EFTA00723677  i 1.5- 1(4.5 IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA L.M., CASE NO. 502008CA028051)000(MB AB Plaintiff, v. JEFFREY EPSTEIN Defendant. ORDER ON PLAINTIFF'S MOTION TO TERMINATE DEPOSITION, OR IN THE ALTERNATIVE, FOR A TWO-HOUR TIME LIMIT ON COMPLETION OF THE DEPOSITION THIS CAUSE came before the Court on Plaintiffs Motion To Terminate Deposition, Or In The Alternative, For A Two-Hour Time Limit On Completion Of The Deposition, and the Court having heard argument of counsel and being fully advised in these premises, it is hereby lfre• Du to. ORDERED and ADJUDGED that Plaintiffss Motion is hereby gremtedickenleek MIL "D£ffikkaaf Sitket DL etteeirre, 4apftn_ (0 ii-aca re .0f/6-14 P‘indriCKS:CCV.S di if evartkr-6 Atifi/Ost Aer-frra: -77tiz (AP r-c, cs,m‘ofedi# k..4.4ht PC )141) 0 E A O DER D at Palm Beach County ourthouse, west Palm Beach, ir Florida, this 3 day of , 2009. its aer.aysitscridass Don Circus Judge Copies furnished: ROBERT D. CRITTON, JR., ESQ., and MICHAEL J. PI E, ES o., 303 Banyan Boulevard, Suite 400, West Palm Beach, FL 33401, BRAD EDWARDS, ESQ., Rothstein, Rosenfeldt Adler, 401 East Las Olas Boulevard, Suite 1650, Fort Lauderdale, FL 33301 and JACK A. GOLDBERGER, ESQ. Atterbury, Goldberger & Weiss, P.A., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401 and JAY HOWELL. ESQ., Jay Howell & Associates, PA, 644 Cesery Boulevard, Suite 250, Jacksonville, FL 32211 \\R EXHIBril i‘t,0 11d-) EFTA00723678