093.pdf

Case 9:08-cv-80232-KAM Document 93 Entered on FLSD Docket 05/19/2009 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO.2, Plaintiff, vs. IBFFREY EPSTEIN, Defendant. ---------~' JANEDOENO.3, Plaintiff, vs. IBFFREY EPSTEIN, Defendant. ---------~' JANE DOE NO.4, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. ---------~' JANE DOE NO. 5, Plaintiff, vs. IBFFREY EPSTEIN, Defendant. ---------~' CASE NO.; 08-CV-80119-MARRA/JOHNSON CASE NO.; 08-CV-80232-MARRA/JOHNSON CASE NO.; 08-CV-80380-MARRA/JOHNSON CASE NO.; 08-CV-80381-MARRA/JOHNSON Case 9:08-cv-80232-KAM Document 93 Entered on FLSD Docket 05/19/2009 Page 2 of 13 Page2 JANE DOE NO. 6, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. ---------~' JANE DOE NO. 7, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. ---------~' C.M.A., Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE, Plaintiff, vs. JEFFREY EPSTEIN, et al., Defendants. CASE NO.; 08-CV-80994-MARRA/JOHNSON CASE NO.; 08-CV-80993-MARRA/JOHNSON CASE NO.; 08-CV-80811-MARRA/JOHNSON CASE NO.; 08-CV-80893-MARRA/JOHNSON 2 Case 9:08-cv-80232-KAM Document 93 Entered on FLSD Docket 05/19/2009 Page 3 of 13 Page3 DOE II, Plaintiff, vs. JEFFREY EPSTEIN, et al, Defendants. ---------~/ JANE DOE NO. 101, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. __________ ! JANE DOE NO. 102, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. _________ ! CASE NO.; 08-CV-80469-MARRA/JOHNSON CASE NO.; 08-CV-80591-MARRA/JOHNSON CASE NO.; 08-CV-80656-MARRA/JOHNSON Defendant, Jeffrey Epstein's Motion To Strike Cases From Current Trial Docket And Motion to Continue Case And/Or Alternative Motion to Modify Trial and Scheduling Order Deadlines Defendant, JEFFREY EPSTEIN, (hereinafter "EPSTEIN") by and through his undersigned attorneys, hereby moves this Court for the entry of an order Striking These Cases (i.e., C.M.A., Jane Doe (80893) and Jane Does 2-7) From The Current Trial Docket(s), Continuing The Trials And Setting Them On New Trial Dockets At Least 3 Case 9:08-cv-80232-KAM Document 93 Entered on FLSD Docket 05/19/2009 Page 4 of 13 Page4 Three Months After The Current Trial Dates As Set Or, Alternatively, Modifying The Current Trial Schedule To Allow For An Additional 3 Months From Current Dates Within Which To Complete Discovery, An Additional 2 Months From The Current Dates Within Which To Complete All Substantive Pretrial Motions and Expert Discovery, An Additional Month From The Current Dates Within Which To Mediate the Matters and An Additional Month to Complete the Remaining Scheduling Deadlines under this Court's Trial Orders. In support, EPSTEIN states: I. Procedural Background and Argument, With Incorporated Memorandum of Law 1 1. C.M.A. was filed on February 23, 2008. C.M.A. filed her First Amended Complaint on February 10, 2009. (C.M.A. DE 39-40). Epstein's Motion to Dismiss same was filed on March 12, 2009. (C.M.A. DE 47). The Motion to Dismiss remains outstanding. 2. Jane Doe (80893) was filed on August 13, 2008. On April 17, 2009, Jane Doe filed her First Amended Complaint. 3. The Jane Doe 2-7 cases were filed between February 6, 2008 and September 10, 2008. Jane Does 2-7 filed their Second Amended Complaints on February 2009. 4. Pursuant to the court's Orders Setting Trial And Discovery Deadlines, Referring Case To Mediator And Referring Discovery Motions To U.S. Magistrate Judge (the 1 In an effort not to repeat certain legal arguments set out in various Motions and Replies referenced below and identified herein by Docket Number, those motions and replies, with legal arguments, are specifically incorporated herein by reference. 4 Case 9:08-cv-80232-KAM Document 93 Entered on FLSD Docket 05/19/2009 Page 5 of 13 Page5 "Trial Orders"), these matters are currently set on this court's Trial Dockets commencing January 25, 2010, February 8, 2010 and February 22, 2010. 5. Pursuant to the Trial Orders, discovery cutoff is August 2009 for C.M.A. and Jane Does 2-5, and October 2009 for Jane Doe and Jane Does 6-7. Substantive pretrial motions must be completed in August 2009 for C.M.A. and Jane Does 2-5, and October 2009 for Jane Doe and Jane Does 6-7. Mediation must be completed on November 2009 for Jane Does 2-5, and December 2009 for C.M.A., Jane Doe and Jane Does 6-7. Finally, Expert discovery must be completed on June 29, 2009 for C.M.A. 6. As to C.M.A., Jane Doe and Jane Does 2-7, each has objected to relevant discovery. C.M.A. has even refused to produce certain information that she agreed to produce in discovery. The foregoing delay tactics has prevented Epstein from conducting meaningful discovery in order to defend these matters and prepare for trial. At this juncture, Plaintiffs wish for Epstein to try this case without any discovery whatsoever. See infra. 7. For example, in a diligent effort to obtain discovery, Epstein filed substantive motions addressing C.M.A.'s objections to discovery, and those motions remain outstanding.2 See (C.M.A. - DE 54 - Motion to Compel Responses to First Request to Produce and First Set of Interrogatories and DE 70 - Epstein's Reply to Plaintiff's Opposition Motion thereto). Epstein's Motion to Compel (C.M.A. DE 54) and Reply 2 The same discovery requests were served upon Jane Doe and Jane Does 2-7. Substantive Motions to Compel seeking production of similar information in those cases were filed and remain outstanding. See Jane Doe DE 27 & 28 and Jane Doe 2-7 (specifically, Jane Doe 2 - DE 67-68, Jane Doe 3 - DE 59-60, Jane Doe 4 - DE 74-75, Jane Doe 5 -DE 69-70, Jane Doe 6 - DE 24-25, and Jane Doe 7 - DE 26-27). Those Motions are incorporated herein by reference. 5 Case 9:08-cv-80232-KAM Document 93 Entered on FLSD Docket 05/19/2009 Page 6 of 13 Page6 (C.M.A. DE 70) are incorporated herein by reference. The Motion and the Reply seek basic and elementary discovery. For instance, the Motion and the Reply seek: a. 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 Plaintiff's earnings for the current year; b. All bills/expenses from any medical doctor, chiropractor, psychologists, psychiatrists, mental health counselors (including any members of the healing arts and related fields, i.e. drugs, prescriptions, etc.) you claim you incurred as a result of the injuries which are or may be the subject matter of this lawsuit; c. All medical reports and/or records from doctors, physicians, (including psychologists, psychiatrists, mental health counselors), hospitals, drug or alcohol facilities or any other person or entity who has rendered treatment to or examined you for any reason after the incident(s) which is the subject matter of this lawsuit; d. 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 in the past 1 0 years; this includes listing all sources of income you have received. Answer this question by year, i.e. 1998 - 2009; and e. the names, addresses and phone numbers of all males, excluding Mr. Epstein, with