207-03.pdf

Case 9:08-cv-80119-KAM Document 207-3 Entered on FLSD Docket 07/20/2009 Page 1 of 46 '"""""'"'"'""""'''"""'"-- Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009\ Page 1 of 18 UNITED STATES DISTRICT COURT SQI IIHEBN DISTRICT OF FLORIDA CASE NO.: os-c1v .. a0811-MARRA/JOHNSON C.M.A., Plaintiff, V. JEFFREY EPSTEIN and SARAH KELLEN, Defendants, I OEFENDANT EPSfEIWS MOTION TO COMPEL PLAINTIFF C.M.A. TO RESPOND TO DEFENDANT'S FIRST REQUEST TO PRODUCE AND ANSWER DEFENDANT'S FIRST SET OF INTERROGATORIES. AND TO OVERRUbE OBJECTIONS. AND FOR AN AWARD OF DEFENDANT'S REASONABLE EXPENSES • Defendant, JEFFREY EPSTEIN, by and through his undersigned '. attorneys, moves this Court for an order compelling Plaintiff, C.M.A. to respond to D,efendant's f=irst Request To Produce and to answer Defendant's First Set of lnterrogator;ies, and to overrule her objections asserted in Plaintiff's Response To Defendant's Fir$t Request To Produce, dated February 13, 2009, and in Plaintiff's Notice of Serving Answers To Interrogatories, dated February 18, 2009. Defendant further seeks an award of his ' reasonable expenses, including expenses, associated with the making of tnis motion. Rule 37, Fed.R.Civ.P. (2008); Local Gen. Rules 7.1 and 26.1 H (S.D. Fla.:2008). In support of his motion, Defendant states: Prior to the filing of this motion, on April 1, 2009, Defendant's counsel ' communicated by telephone with Plaintiff's counsel In a good faith effort to resolve the discovery issues herein. This motion addresses those discovery Items which remain at EXHIBIT f c_. iJ Case 9:08-cv-80119-KAM Document 207-3 Entered on FLSD Docket 07/20/2009 Page 2 of 46 ••••••-•••••••••• •-••-•"-•-•-• ---•--"••-•~-•.,•••• •• • •••• ••••• •••• •• ••••-• • • •• • ••••••••• •••• ••••-••••••••••••••rn•• • ••••••" • • ••• • •• ••u•• ••• -•••••• Case 9:0B-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009' Page 2 of 18 C.M.A. v. Epstein, et al. Page2 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 Plaintiff's earnings for the current year. • Response: Objection. Irrelevant, immaterial and not reasonably calculated to lead to the. discovery of admissible information. ' Legal Argument Supporting Enti~lement to Discovery Plaintiff's tax returns and supporting documentation are relevant to Plaintiff's damages claims and, thus, discoverable. Plaintiff's c~mplaint alleges in 1 part that "beginning in approximately late May or early June of 2002, and conti~uing until approximately August of 2003, the Defendant coerced and enticed the impresslonabl~, vulnerable, and economically deprived then minor Plaintiff to commit various acts of sexual misconduct." 1 st Am. Complaint, ,113. (Plaintiff also refused ~o answer Interrogatory no. 2 which sought her employment history for the past ten year~ asserting the same general objection). Such information is both relevant and reasonably calculated to l~ad to the discovery of admissible evidence. It Is well settled that relevant info:rmation 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 26(b)(1 ), Fed.R.Civ.P.; Case 9:08-cv-80119-KAM Document 207-3 Entered on FLSD Docket 07/20/2009 Page 3 of 46 Case 9:08-cv-80811-KAM Document 54 C.M.A. v. Epstein, et al. Page3 \ Entered on FLSD Docket 04/02/2009, Page 3 of 18 Donahay v. Palm Beach Tours & trans., Inc., 242 F.R.D. 685 (S.D. F~a. 2007). Discoverability of such information is governed by Rule 26, Fed.R.Civ.P., pyrsuant to which the scope of discovery is broad. Donahay, supra, at 686, and cases cit~d therein. "Parties may obtain discovery regarding any matter, not privileged, which is ~elevant to the claims or defense of any party involved in the pending action.'' Id. Plaintiff's tax returns, along with the requested supporting documentation, for the six year period, and documents relevant to her current earnings, are relevant to Plaintiff's damage~ claims detailed below herein. Such information would show Plaintiff's employment and earning history, as well as provide evidence 1;1s to how Plaintiff has been able to function in her daily life before, during and after t~e alleged incidents. Was she self-sufficient? Was she able to get out of bed each morning and support herself? What type of job did she hold? One's ability to earn a livi~g and be self-supporting has not only a financial component, but 'also an emotional/psychological/mental component. C.M.A.'s First Amended Complaint 1 attempts to allege 32 counts: Counts through XXX are purportedly brought pursuant to 18 U.S.C. §2255 - Civil Remedies for Personal Injuries; Count XXXI is entitled "Sexual Battery," and Count XXXlf is entitled "Conspiracy to Commit Tortious Assault only against Defendant, Sarah Kelletj." In her answers to Interrogatory nos. 9 and 10, which seek information about C.M.A.'s damages claims, Plaintiff answered that: i 1 Defendant's Motion To Dismiss directed to Plaintiff's First Amended Complaint is pending. Case 9:08-cv-80119-KAM Document 207-3 Entered on FLSD Docket 07/20/2009 Page 4 of 46 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. Page4 I have bi- olar disorder and manic depression. I lost my self-esteem. cutting myself on my arms an egs an eve ope injuries are psychological. (lnterrog. No. 9). I am claiming compensation for mental anguish, mental pain, psychic trauma, and loss of enjoyment of life. These damages will be evaluated by a jury who will provide their own methods of computation in an amount of at lea~t the statutory minimum established by 18 U.S.C.A. §2255. (lnterrog. No. 10). i In her 1 st Amended Complaint, relevant to her damages claims, Plaintiff. alleges: ... C.M.A., has in the past suffered, and will in the future suffer, physical Jnjury, pain and suffering, emotional distress, psychological trauma, mental anguish, humiliation, embarrassment, loss of self-esteem, loss of dignity, invasion ;of her privacy and other damages . . . . The then minor Plaintiff incurred medic1;1I and psychological expenses ... and will in the future suffer additional medici::ll and psychological expenses. The Plaintiff C.M.A. has suffered loss of incdme, a loss of the capacity to earn income in the future, and a loss of capacity td enjoy life. These injuries are permanent in nature and the Plaintiff, C.M.A., will continue to suffer these losses in the future. (1 st Am. Complaint, Counts l -XXX (18 U.S.C. §2255), 1(4