EFTA01076802.pdf

IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA028058XXXXMB AB Plaintiff, v. JEFFREY EPSTEIN, Defendant. EPSTEIN'S MOTION FOR LEAVE TO SERVE ADDITIONAL INTERROGATORIES Defendant, JEFFREY EPSTEIN ("Epstein"), pursuant to Fla. R. Civ. P. 1.340, moves for leave to serve additional interrogatories and states: 1. On February 25, 2010, Epstein propounded his Fourth Set of Interrogatories on (attached as Exhibit A). 2. With respect to interrogatories 3 - 12, ■ objected and stated "beyond the limit of Interrogatories allowed pursuant to FRCP 1.340." ." See Answers to Interrogatories attached as Exhibit B. 3. As the Court is aware, is seeking significant damages in this case. In addition, ■ is a witness in companion cases filed by other plaintiffs against Epstein. 4. ■ has not yet been deposed in this case. On April 2, 2010, Illfailed to appear for deposition despite assurances by her counsel the day before that she would attend the deposition. As a result, Epstein filed a Motion to Compel her deposition. 5. Due to the nature of the claims involved in this case and the damages sought, and since Epstein has yet to deposes, Epstein requests leave to serve an additional 30 interrogatories. 1 EFTA01076802  6. Moreover, Interrogatory Nos. 3 (past sexual history), 4 - 5 (social networking websites) of Epstein's Fourth Set of Interrogatories seeks information that the Court previously held was discoverable. 7. At the July 16, 2009 hearing on Epstein's Amended Motion to Compel, the Court ordered LM to produce all information related to social networking sites. Specifically, the Court stated: So my ruling is as follows: I am going to allow first, as dictated by Menke, the voluntary — not voluntary — but the turning over of the social-network site information that is accessible to the site owner or user, meaning the plaintiff, or plaintiffs in this case, either of them or both of them, if they have these types of networking sites, including of what would be shared with others, if those individuals allow other to become what is commonly known as friends. That will be discoverable. See Excerpt of July 16, 2009 Transcript at 36 (attached as Exhibit C). 8. On August 20, 2009, the Court compelled i to answer Epstein's interrogatory related to her past sexual history. See August 20, 2009 Order attached as Exhibit D. 9. would not be prejudiced by Epstein serving additional interrogatories. 10. The allowance of additional interrogatories is in the discretion of the trial court and where there is just cause, interrogatories are generally liberally allowed. See Rich v. Hunter, 3 So. 2d 393, 396 (Fla. 1941) WHEREFORE, Defendant, JEFFREY EPSTEIN, requests the Court enter an order granting EPSTEIN leave to serve an additional thirty (30) interrogatories and grant any additional relief the Court deems just and proper. 2 EFTA01076803  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 27th day of April, 2010: Brad Edwards, Esq. Jack Alan Goldberger, Esq. Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, PL Atterbury Goldberger & Weiss, 250 Australian Avenue South a 424 N. Andrews Avenue, Suite 2 Suite 1400 Fort Lauderdale, FL 33301 West L 33401-5012 Fax: Co-Counsel for Defendant Jeffrey Epstein Counsel for Plaintiff Jay Howell, Esq. Jay Howell & Associates, III 644 Cesery Boulevard Suite 250 32211 Phone Fax Co-counsel for Plaintiff BURMAN CRITTON LUTTIER & COLEMAN, LLP 303 Banyan Boulevard, Suite 400 West Palm h. FL 33401 ax By: Robe P. on, Jr. Florida Bar #224162 Michael J. Pike Florida Bar #617296 David A. Yarema Florida Bar #12492 3 EFTA01076804  IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MB, CASE NO. 502008CA028058XXXXMB AB Plaintiff, v. JEFFREY EPSTEIN, Defendant. DEFENDANT'S NOTICE OF SERVING F FOURTH SET OF INTERROGATORIES TO PLAINTIF files this Notice of Serving Defendant, Jeffrey Epstein, (hereinafter "Mr. Epstein"), to Rule 1.340, Florida Rules of Fourth Set of Interrogatories to Plaintiff-'., pursuant interrogatories in writing within Civil Procedure, and request the Plaintiff to answer said thirty (30) days from date of service hereof. Certificate of Service sent by U.S. Mail to I HEREBY CERTIFY that a true copy of the foregoing was February , 2010: the following addressees on this eday of Brad Edwards, Esq. Jack Alan Goldberger, Esq. Farmer, Jaffe, Weissing, Edwards, Fistos Atterbury Goldberger & Weiss,E. & Lehrman, PL 250 Australian Avenue South 425 N. Andrews Avenue, Suite 2 Suite 1400 le, FL 33301 Wes FL 33401-5012 Fax: Co-Counsel for Defendant Jeffrey Epstein Jay Howell, Esq. Jay Howell & Associates,II. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 1 EXHIBIT A- EFTA01076805  Phone Fax Co-counsel for Plaintiff BURMAN, CRITTON, LUTHER & COLEMAN, LLP 303 Banyan Boulevard, Suite 400 West Pa i ch, FL 33401 Fax By: D. Critton, Jr. Florida Bar #224162 Michael J. Pike Florida Bar #617296 (Counsel for Defendant Jeffrey Epstein) EFTA01076806  DEFINITIONS AND INSTRUCTIONS 1. The term Plaintiff' refers to in, and all her agents, employees, acting on their behalf. representatives, attorneys, accountants or anyone else and all his agents, 2. The term "Defendant" refers to Jeffrey Epstein persons acting or purporting to representatives, employees, assigns, or other person or act on its behalf. conjunctively and 3. The words "and" and "or" shall be construed both r than exclusive. The singular disjunctively so as to make the request inclusive rathe include the singular. shall be construed to include the plural and the plural to n statement or 4. The word "communication(s)" shall mean any oral or writte persons, including but not exchange of information of any type between two or more conversations, meetings or limited to documents, telephone or face-to-face conferences. kind, including, but 5. The word "document" shall mean any writing of every lope, file cabinet drawer not limited to, any letter, book, record, report, file folder, enve ing, chart, draft, schedule, label, memorandum, correspondence, communication, draw uter printout and any other photograph, tape, disc, card, wire, computer program comp instrument or device from electronic or mechanical recording or transcript of any other memorialize human thought, which information can be perceived or which Is used to tiff. The term "document" speech or action in the possession, custody, or control of Plain to that contained on the original also includes copies containing Information in addition red to in any document. The and all the attachments, enclosures, or documents refer ing and equal in scope to term "document" is also defined to be synonymous in mean EFTA01076807  edure 34(a), including, without the usage of this term in Federal Rule of Civil Proc s. A draft or non-identical copy is limitation, electronic or computerized data compilation a separate document within the meaning of this term. person, individual, 6. The word "person" shall mean any natural organization, joint venture, proprietorship, partnership, corporation, association, rnmental body or agency, or business trust or other business enterprise, gove of natural persons or other governmental, public, legal, or business entity, or group entities whether sui juris or otherwise. to, respond to, 7. The phrase "relate to* shall mean refer to, contain, allude mention, analyze, constitute, comment upon, discuss, show, disclose, explain, or characterize, either directly comprise, evidence, set forth, summarize, support, refute or indirectly, in whole or in part. s to state the 8. "Identify," when used to refer to a natural person, mean following: ss is not know, (a) his or her full name and address (or, if the present addre his or her last known address); employers, each (b) the full name and address of each of his or her and each business corporation of which he or she is an officer or director, in which he or she is a principal; known, his or (c) his or her present position (or if the present position is not the Interrogatory her last known position(s) at the time of the act to which response relates). to identify the (d) Such other information sufficient to enable Defendant person. natural person 9. "Identify" when used to refer to any entity other than a means to state the following: EFTA01076808  entity (e.g., corporation, (a) The full name of the entity, the type of the of business, its partnership, etc.), the address of its principle place iction under jurisd principle business activity, and if it is a corporation, the ion. which it has been organized and the date of incorporat or Communication 10. "Identify," when used with reference to a Document means to state the following: um, etc), date of (a) the nature of the document (e.g., letter, memorand address of each creation, author, place of preparation, the name and addressee; (b) The identity of each signatory; (c) The title or heading of the document; (d) the general substance and subject matter; n); (e) Its present location and custodian (or, if not know, the last know was sent and (f) the identity of each person to whom a copy of the document dispo sition; each date of its receipt and date of its transmittal or other mittal or other (g) The circumstance of each such receipt and each trans receiving it. disposition, including identity of the person transmitting and and correct 11. In lieu of identifying any document, Plaintiff may attach a true ogatories, along with copy of such document as an exhibit to its response to these Interr is responsive. an explicit reference to the Interrogatory to which each document at the time 12. If the response to all or part of any Interrogatory is not known that effect, furnish the the initial response is made, please include a statement to ogatory by amended or information that is known or available, and respond to the Interr days of the date on which supplemental response in writing under oath within ten (10) the complete response becomes known or available. EFTA01076809  FOURTH SET INTERROGATORIES TO PLAINTIFF cell phone numbers, dates of 1. List the names, business addresses, telephone and ss) and rates of pay employment, immediate supervisor (name and addre whom you have worked regarding all employers, including self-employment, for unded by Defendant on since you answered the First Set of Interrogatories propo all sources of income or about December 10, 2008; this includes listing any and you have received. ding mental health 2. Identify' each physician or medical provider (inclu whom you have professionals, drug or alcohol counselors and therapists) with identify each facility consulted or who has treated or examined you, and ient or outpatient) (including drug or alcohol treatment facilities, whether inpat treatm ent that is in where you have received any consultation, examination or of consultation, any way related to this case; and state as to each the date reaso n for which you examination or treatment and the injury, condition or other Set of Interrogatories were examined or treated since you answered the First 2008 . propounded by Defendant on or about December 10, for the information sought by use of the Please refer to the "Definitions' section of these Interrogatories term "identify." EFTA01076810  ers of all males, excluding 3. List separately the names, addresses and phone numb ty since you answered the Mr. Epstein, with whom you have had sexual activi t on or about December 10, First Set of Interrogatories propounded by Defendan e of sexual activity, the 2008 up through the current date. Describe the natur tion from the person. date(s) and whether you received money or other considera l networking website 4. Are you n w o have ou ever been a member of a socia or any similar such as websites? you are currently a a. If so, please list all social networking websites of which previously a member, list all social networking websites of which you were the date you member and state the date you joined each site and cancelled your membership with each site. you used for b. Also, please list all usemames, screen names or "handles" a mem ber. Also, each social networking site of which you were ever social please provide all uniform resource locators ("URL") for each ber (i.e. networking website of which you are, or were previously a mem myspace.comljanedoe). EFTA01076811 5. Ar o riasember of an online dating website such ast or any similar website? are currently a a. If so, please list all online dating websites of which you were previously a member, list all online dating websites of which you and the date you member and state the date you joined each site cancelled your membership with each site. les" you used for b. Also, please list all usemames, screen names or "hand a member. Also, each online dating website of which you were ever please provide all URLs for each soci • website of which you are, or were previously a member (i.e. ? If so, please state 6. Do you, or have you ever kept, a diary or journal since 2002 whether it was/is kept on whether the diary or journal was/is kept in hard copy or a computer or other electronic device. ical attributes a. If the diary or journal was kept in hard copy, describe its phys and state its current (i.e. book, collection of loose paper, day planner) location. EFTA01076812  electronic device, b. If the diary or journal was/is kept on a computer or other ding the make and please identify the computer or electronic device, Inclu device; and state model; identify the owner of the computer or electronic e. If the current the current location of the computer or electronic devic of the computer location is unknown, please state the last known location or electronic device. nt address, home c. Identify all individuals, including their full name, curre have read any telephone number and cellular telephone number, that portion of the diary or journal. journal. If so, d. Please state whether any copies were made of the diary or , including their state the number of copies made and identify all individuals cellular full name, current address, home telephone number and of the diary or telephone number, who have, or at any time had, a copy journal. identify the owner of 10. Please identify all computers you have used since 2002 and of each computer; if each computer; state the make, model and current location state each location in the current location of a particular computer is unknown, which you used last used each computer. EFTA01076813  - 2010, including their 11. Please identify your five closest friends for the years 2006 er and cellular telephone full name, current address, home telephone numb number. Mr. Epstein's residence? 12. Do you intend to call at trial other females who went to , current address, home If so, please identify each individual, Including their name ify her counsel. Also, telephone number and cellular telephone number, and ident please state the substance of each witness's testimony. EFTA01076814  VERIFICATION By: STATE OF FLORIDA ) ss COUNTY OF PALM BEACH SWORN TO AND SUBSCRIBED before me this day of , 2010 by , who is personally known to me or has produced the following identification which is current or has been issued within the past five years and bears a serial or other identifying number. Print Name Signature NOTARY PUBLIC - STATE OF FLORIDA Commission Number: My commission expires: (Notarial Seal) EFTA01076815  IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502008CA028058XXXXMB AB Plaintiff, v. JEFFREY EPSTEIN. Defendant. NOTICE OF SERVICE OF PLAINTIFF'S VERIFIED ANSWERS TO DEFENDANT'S FOURTH INTERROGATORIES Plaintiff,M., hereby files her Notice of Service of Plaintiffs Answers to Fourth Interrogatories propounded by Defendant on February 25, 2010. CERTICATE OF SERVICE I HEREBY CERTIFY that the original of the above and a copy of the foregoing has been provided this Ir. day of April 2010 via U.S. Mail and email transmittal to all those on the attached service list Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman,.. 425 N. Andrews Ave., Suite 2 Fort Lauderdale, FL 33301 fax By: BRADLEY J. EDWARDS Florida Bar No.: 542075 EXHIBIT _}) EFTA01076816  SERVICE LIST Robert D. Critton, Jr. BURMAN, CRITTON, et al. 303 Banyan Boulevard, Suite 400 West Palm Beach, FL 33401 Jay Howell, Esq. Jay Howell & Assoc. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 Jack Alan Goldberger, Esq. Atterbury Goldberger et al. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 EFTA01076817  PLAINTIFF'S ANSWERS TO FOURTH INTERROGATORIES 1. List the names, business addresses, telephone and cell phone numbers, dates of employment, immediate supervisor (name and address) and rates of pay regarding all employers, including self-employment, for whom you have worked since you answered the First Set of Interrogatories propounded by Defendant on or about December 10, 2008; this includes listing any and all sources of income you have received. ANSWER: MOM West Palm Beach, FL 2009 ut FL 2009 oconut FL 2009 West Palm Beach, FL 2010 - present 2. Identify' each physician or medical provider (including mental health professionals, drug or alcohol counselors and therapists) with whom you have consulted or who has treated or examined you, and identify each facility (including drug or alcohol treatment facilities, whether inpatient or outpatient) where you have received any consultation, examination or treatment that is in any way related to this case; and state as to each the date of consultation, examination or treatment and the injury, condition or other reason for which you were examined or treated since you answered the First Set of Interrogatories propounded by Defendant on or about December 10, 2008. ANSWER: Victim's Services West Palm Beach, FL Dates reflected in records previously produced. EFTA01076818 Fort Lauderdale, FL 33304 Dates reflected in records. Interrogatories 3-12 ANSWERS: Objection, beyond the limit of Interrogatories allowed pursuant to FRCP 1.340. EFTA01076819  VERIFICATION STATE OF FLORIDA ) ) ss COUNTY OF-PAL-f it.) brOWCied `t - ,, SWORN TO AND l U cySCRIBED before me this "3...) day of Hagar) 2010 by COLLY:ffie\ Wl , who is personaWnown to me or has produced the following identr 'cation 14tW460-105-137-`6131thich is current or has been issued within the past five years and bears a serial or other identifying number. Nipre-ao !1VP4SIO i C 2ignature NOTARY PUBLIC - STATE OF FLORIDA Commission Number: My commission expires: (Notarial Seal) IOWA MEMO MY COMMISSIONMEOW WIRES. SEP 14, 2012 auckaL E Boxed %ugh 1st Wsrams EFTA01076820  EENTH JUDICIAL CIRCUIT IN THE CIRCUIT COURT OF THE FIFT AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA028051XXXXMB AB Plaintiff, -vs- JEFFREY EPSTEIN, Defendant. CASE NO. 502008CA028058XXXXMB AB Plaintiff, -vs- JEFFREY EPSTEIN, Defendant. HEARING BEFORE THE HONORABLE DONALD HAFELE Thursday, July 16 2009 8:13 - 9:10 Palm 'Bea ch Coun ty Courthouse West Palm Beac h, Florida Reported By: Pamela J. Sullivan, RPR, FPR Notary Public, State of Florida Prose Court Reporting Agency, Inc. EXHIBIT C, PROSE COURT REPORTING AGENCY, INC. e61ae66d-066.4919.64de-67e22ed466ba Electronically signed by Pamela Sullivan (S01433-772-1662) EFTA01076821  Page 34 Page 36 2. for this whatsoever, for this type of invasive 1 And, again, I'm trying my best to balance the 2 discovery, where you get all access to — whether 2 Interests between the individual's privacy rights 3 it's voluntarily turned over or you get to go in 3 and a defendant's right to discover what could lead 4 and actually remove It from the hard drive of a 4 to discovery of admissible evidence, when it deals 5 computer — the sociahnetwaking site they chose 5 with damages. 6 to remain private. 6 So my ruling isas follows: I am going to 7 THE COURT: Well, mold it have to be removed 7 allow first, es dictated by Menke, the voluntary — 8 from the social aawadc, or could It be just 8 not voluntary — but the turning over of the 9 printed from the network? 9 social-network site iefeenation that is accessible 10 MR. EDWARDS: 1daft know bow the network 10 to the site owner or user, =aping the plaintiff, 11 works and whether you can print every single page 11 or plaintiffs in this case, either of them or both 12 and what that actually does. 12 of them, if they have these types of networking 13 THE COURT: Well, let's find out. I mean, 13 sites, inclusive of what would be shared with 14 you inow,l would have preferred Mr. Crinon's 14 others, If those individuals allow others to became 15 amended motion to have been supplemented by an 15 what is commonly known as friends. That will be 16 affidavit of a computer expert, to give the Court • 16 discoverable. It will be placed under seal and for 17 information as to how this type of 17 attorneys' eyes only at this time, pending further 18 social-networking information would be extracted in 18 Court order. 19 the least intrusive means to either plaintiff 19 MR. EDWARDS: Your Honor. 20 But without that, len in the same --I'm in 20 THE COURT: Well move on now to e-mails sent 21 the dark myself, because I'm not a computer expert 21 and received by plaintiffs. 22 by any means. 22 MR. CARTON: From a time standpoint, within 23 MR. EDWARDS: And, Brim just along those 23 20 days? 24 lines, talking about the Menke case, that was 24 THE COURT: Within 20 days. 25 specifically a case dealing with sexually explicit 25 MR. EDWARDS: And, Your Honor, my only Page 35 Page 37 1 email sent from his computer. And that was the 1 objection to that is the Fifth Amendment privilege 2 computer of the perpetrator. What we're actually 2 that would pertain to my clients and the 3 contemplating now is turning over all of this 3 information on there, as well as all of the other 4 information, that they chose to keep private 4 people who communicate on there and their privacy 5 amongst their own friends, of the victims of sexual 5 interest, as well, in addition to the fact that the 6 abuse to a registered sex offender. 6 Menke case says, in quotes, in the few cases we 7 THE COURT: Well — 7 have found across the country permitting access, 8 MR. EDWARDS: And there is not one single 8 all have — all have been in situations where 9 thing they pointed to that is evidence that I 9 evidence of intentional deletion of data was 10 about — in fkct, 'daft even know if they have a 10 present. And that's not present here. 11 computer. 11 All of the arguments about damages claimed 12 THE COURT: I wouldn't be doing this, but for 3.2 and a right for a defendant to defend himself could 13 the fact or wouldn't even be contemplating doing 13 be made in every, single personal injury case that 14 this, but for the fact that you have to remember a 14 we— that's ever existed. 15 very, very important point here, respectfully, and 15 THE COURT: Fee already made my ruling, but 16 that is your clients have brought a lawsuit against 16 I— 17 the defendant. And by doing that, there is a 17 MR. EDWARD& I understand. 18 attain degree of discovery that must be undertaken 18 THE COURT: — as I said, I'm juxtaposing the 19 for the defendant to defend Manse'f against the 19 language contained on the last page of the slip 20 claims that have been made based on the allegations 20 opinion, that intrusive searching of the entire 21 of loss of enjoyment of five, mental anguish, 21 computer by opposing parties should not be the 22 damages that extend from a psychological standpoint 22 rust means of obtaining the relevant information. 23 from an alleged sexual battery. All of these 23 And then with the last sentence: "That we do 24 things are necessary, in my view, to be able to 24 not deny the Board the tight to request that the 25 adequately defend those 25 petitioner produce relevant, nonprivileged 10 (Pages 34 to 37) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Pamela Sullivan(501433-772,4562) 0510.55d-oeta-4919-84de-ere22ed456ba EFTA01076822  ; •i IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA028058XXXXMB AB Plaintiff, JEFFREY EPSTEIN Defendant. ORDER ON EPSTEIN'S MOTION TO COMPEL COMPLIANCE WITH COURT ORDER AND FOR AWARD OF ATTORNEY'S FEES AND COSTS THIS CAUSE came before the Court on Epstein's Motion To Compel Compliance ota,s, With Court Order Andt or Award Of Attorney's Fees And Cd§ts, and the Court having heard argument of counsel and being fully advised in these premises, it is hereby ORDERED and ADJUDGED that Defendants Motion is hereby grantedAlthiedt an (aws , IT Ala , jos& ..AQ-4-pohat 4)- 4.24.2... 61,-. 44.4.614 / 4.4a Loseoi,.egte.4.41zr 41/2# 1 a A et-ne -- -Ca7 a-1 )(o -non can sat-tvavealif"-r j aAA DONE AND ORDERED at Palm Beach Cou y C urthouse, West Palm Beach, r aid, Florida, this id) day of lit,, 2009. Copies furnished: ROBERT D. CRITTON, JR., ESQ., and MICHAEL J. PIKE, ESQ., 515 North Flagler Drive, Suite 400, West Palm Beach, FL 33401 and BRAD EDWARDS, ESQ., Brad Edwards and Associates, LLC. 8 Harrison Street, Suite 202, Hollywood, FL 33020, JAY HOWELL, ESQ., Jay Howell & Associates, ., 644 Cesery Boulevar uite 250, Jacksonville, FL 32211, and JACK A. GOLDBERGER, ESQ., e ury Goldberger & Weiss,IS, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401-5012 EXHIBIT I) EFTA01076823