EFTA00599325.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO. 2, CASE NO.: 08-ev-80119-MARRAJJOHNSON Plaintiff, vs. JEFFREY EPSTEIN Defendant JANE DOE NO. 3, CASE NO.: 08-CV-80232-MARRAJJOHNSON Plaintiff, vs. JEFFREY EPSTEIN Defendant. CASE NO.: 08-CV-80380-MARRA/JOHNSON JANE DOE NO. 4, Plaintiff, vs. JEFFREY EPSTEIN Defendant. CASE NO.: 08-CV-80381-M.ARRA/JOHNSON JANE DOE NO. 5, Plaintiff, JEFFREY EPSTEIN, Defendant. EFTA00599325 Jane Doe v. Epstein Case No. 08-CV-80119-MARRA/JOHNSON Epstein's Response to Jane Doe's Motion to Provide Recently Obtained Affidavit of Epstein Page 2 of 9 CASE NO.: 08-80994-C1V-MARRAJJOHNSON JANE DOE NO. 6, Plaintiff, JEFFREY EPSTEIN, Defendant. CASE NO.: 08-80993-CIV-MAFtRA/JOHNSON JANE DOE NO. 7, Plaintiff; JEFFREY EPSTEIN Defendant. CASE NO.: 08-80811-CTV-MARRAJJOHNSON Plaintiff, JEFFREY EPSTEIN Defendant. JANE DOE, CASE NO.: 08-80893-CIV-MARRA/JOHNSON Plaintiff, JEFFREY EPSTEIN et al, Defendants. EFTA00599326 Jane Doe v. Epstein Case No. 08-CV-80119-MARRA/JOHNSON Epstein's Response to Jane Doe's Motion to Provide Recently Obtained Affidavit of Epstein Page 3 of 9 DOE 11, CASE NO.: 09-80469-CIV-MARRA-JOHNSON Plaintiff, JEFFREY EPSTEIN et al, Defendants. JANE DOE NO. 101, CASE NO.: 09-80591-CIV-MARRA-JOHNSON Plaintiff; JEFFREY EPSTEIN Defendant. JANE DOE NO. 102, CASE NO.: 09-80656-CIV-MARRA/JOHNSON Plaintiff; JEFFREY EPSTEIN, Defendant. EPSTEIN'S RESPONSE TO JANE DOE'S MOTION TO PROVIDE RECENTLY-OBTAINED AFFIDAVIT OF JEFFREY E. EPSTEIN IN SUPPORT OF MATERIAL FACTS SUPPORTING MOTION FOR APPOINTMENT OF A RECEIVER TO TAKE CHARGE OF PROPERTY OF EPSTEIN Defendant, JEFFREY E. EPSTEIN ("Epstein"), submits this response to Plaintiff's, Jane Doe ("Jane Doe"), Motion to Provide Recently-Obtained Affidavit of Jeffrey E. Epstein in EFTA00599327 Jane Doe v. Epstein Case No. 08-CV-80119-MARRA/JOHNSON Epstein's Response to Jane Doe's Motion to Provide Recently Obtained Affidavit of Epstein Page 4 of 9 Support of Material Facts Supporting Motion for Appointment of a receiver to Take Charge of Property of Epstein ("Motion"), and states: I. Jane Doe seeks to supplement her Motion for Injunction Restraining Fraudulent Transfer of Assets (DE #165) ("Injunction Motion") with a "recently-obtained" affidavit of Epstein. The instant Motion was filed after Epstein served his Memorandum of Law in Opposition to the Injunction Motion (DE #198). Thus, if the Court were to consider this late- filed affidavit, Epstein would have no opportunity to respond to the affidavit or any arguments based thereon. Accordingly, the Court should deny Jane Doe's Motion and disregard the affidavit. 2. Rule 6(c), Federal Rules of Civil Procedure, requires "[a]ny affidavit supporting a motion must be served with the motion." (Emphasis added). Moreover, Local Rule 7.1C.3, U.S. District Court, Southern District Local Rules, provides "[t]o the extent a party wants the Court to consider affidavits, declarations, or other materials in support of or in opposition to the motion, then (a) the movant must serve with the motion all such materials. (Emphasis added). 3. Despite Jane Doe's assertion that she did not receive the affidavit until July 13, 2009, there is no question Epstein's affidavit was available at the time Jane Doe served her Injunction Motion as the affidavit is almost seven years old (dated October 2002). 4. While Jane Doe calls it a "newly-obtained affidavit," it is not newly-obtained in the sense that it could not have been discovered at the time she served her Injunction Motion. 5. Simply put, the affidavit is untimely and the Court should therefore disregard it in determining Jane Doe's Injunction Motion. EFTA00599328 Jane Doe v. Epstein Case No. 08-CV-80119-MARRA/JOHNSON Epstein's Response to Jane Doe's Motion to Provide Recently Obtained Affidavit of Epstein Page 5 of 9 6. Moreover, consideration of the affidavit would severely prejudice Epstein because cannot respond to Jane Doe's arguments, assertions and implications regarding the affidavit since he already filed his Memorandum of Law in Opposition to the Injunction Motion (DE #198). 7. This point is illustrated by Jane Doe's Reply to her Injunction Motion (DE #217), in which she attaches as Exhibit A Epstein's 2002 affidavit (before the Court ruled on the instant Motion) and uses it to make ridiculous and untenable conclusions about fraudulent asset transfers. For example, Jane Doe cites the portion of Epstein's affidavit in which he states he provides financial advice from the U.S. Virgin Islands in securities and other matters to his clients and that he is viewed as one of Citibank's most important individual clients. See DE #217 at 12. In the very next sentence, Jane Doe asserts "[g]iven the fact that asset transfers can take place to such countries as Israel, Switzerland, and the Cayman Islands, placing the burden on Jane Doe to document fraudulent asset transfers to such destinations effectively give a green light to massive fraud — a fraud that could ultimately total in the neighborhood of one billion dollars ($1,000,000,000.00)." 8. Jane Doe somehow takes Epstein's assertion that he provides financial advice from the Virgin Islands and is an important Citibank client to essentially suggest he is involved in a billion-dollar international fraudulent transfer scheme. Such a conclusion is absurd and is pure fiction. 9. Epstein will obviously be unfairly prejudiced by his inability to respond to these ludicrous theories. EFTA00599329 Jane Doe v. Epstein Case No. 08-CV-80119-MARRABOHNSON Epstein's Response to Jane Doe's Motion to Provide Recently Obtained Affidavit of Epstein Page 6 of 9 10. Accordingly, the Court should disregard the affidavit in consideration of the Injunction Motion and strike the affidavit from Jane Doe's Reply Brief (Exhibit A to DE #217). WHEREFORE, Defendant, JEFFREY E. EPSTEIN, respectfully requests the Court deny Jane Doe's Motion, strike the affidavit from Jane Doe's Reply Brief (Exhibit A to DE #217) and grant any additional relief the Court deems just and proper. By: ROBERT D. C , ESQ. Florida Bar N MICHAEL J. Florida Bar DAVID A. YAREMA, ESQ. Florida Bar No. EFTA00599330 Jane Doe v. Epstein Case No. 08-CV-80119-MARRAJJOHNSON Epstein's Response to Jane Doe's Motion to Provide Recently Obtained Affidavit of Epstein Page 7 of 9 Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified on the following Service List in the manner specified by CM/ECF on this day of August 2009 Respectfully submitted, DAVID A. YAREMA, ESQ. Florida Bar No. BURMAN, CRITTON, LUTTIER & COLEMAN West Palm Beach, FL 33401 Phone Fax Counselfor Defendant, Jeffrey Epstein Certificate of Service Jane Doe No. 2 v. Jeffrey Epstein Case No. 08-CV-80119-MARRA/JOHNSON Stuart S. Mermelstein, Esq. Brad Edwards, Esq. Adam D. Horowitz, Esq. Rothstein Rosenfeldt Adler Mermelstein & Horowitz, P.A. Fort 1 01 Miami, FL 33160 Phone: Fax: Course or ainti In elated Case No. 0840893 EFTA00599331 Sue Doe v. Epstein Case No. 08-CV-80119-MAlFtRA/JOHNSON Epstein's Response to Jane Doe's Motion to Provide Recently Obtained Affidavit of Epstein Page 8 of 9 In related Cases Nos. 08-80069, 08-80119, 08-80232, 08-80380, 08-80381, 08-80993, Paul G. Caqqa.11, Esq. 08-80994 Pro Hac Vice Richard Horace Willits, Esq. UT 84112 Richard H. Willits, PA. Fax Lake Worth, FL 33461 Co-counselfor PlaintiffJane Doe Fax: Isidro M. Garcia, Esq. Counsel for Plaintiff in Related Case No. 08-80811 West Palm Beach, FL 33401 Jack Scarola, Esq. Jack P. Hill, Esq. Counsel for Plaintiff in Related Case No. Searcy Denney Scarola Barnhart & Shipley, 08-80469 P.A. 2139 Palm Beach Lakes Boulevard Robert C. Josefsberg, Esq. West Palm Beach, FL 33409 Katherine W. Ezell, Esq. Podhurst Orsec P.A. Miami, FL 33130 Counselfor Plaintiff C.M.A. Fax: Bruce Reinhart, Esq. Counsel for Plaintiffs in Related Cases Bruce E. Reinhart, P.A. Nos. 09-80591 and 09-80656 250 S. Australian Avenue Suite 1400 Jack Alan Goldberger, Esq. ch, FL 33401 Atterbury Goldberger & Weiss, P.A. West Palm Beach, FL 33401-5012 Counselfor Defendant Sarah Kellen Theodore J. Leopold, Esq. Spencer T. Kuvin, Esq. Counselfor Defendant Jeffrey Epstein Ricci-Leopold, PA. EFTA00599332 Jane Dee v. Etal12 Case No. 08-CV-80119-MARRA/JOHNSON Epstein's Response to Jane Doe's Motion to Provide Recently Obtained Affidavit ofEpstein Page 9 of 9 Palm Beach Gardens, FL 33410 Fax: Counsel for Plaintiff in Related Case No. EFTA00599333