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Case 9:08-cv-80232-KAM Document 59 Entered on FLSD Docket 04/02/2009 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80232-MARRA.JOHNSON JANE DOE NO. 3 Plaintiff, V. JEFFREY EPSTEIN, Defendant. -------------~' DEFENDANT EPSTEIN'S MOTION TO COMPEL PLAINTIFF, JANE DOE NO. 3 TO RESPOND TO DEFENDANT'S FIRST REQUEST TO PRODUCE & TO OVERRULE OBJECTIONS, & 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, JANE DOE No. 3 To respond to specified production requests and to overrule her objections asserted in Plaintiff's Responses To Defendant's First Request To Produce, dated January 26, 2009. Defendant further seeks an award of his reasonable expenses, including expenses, associated with the making of this 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: Introduction Prior to the filing of this motion, counsel for Defendant and counsel for Plaintiff corresponded with each other and were able to resolve some of the discovery issues related to Defendant's First Request to Produce and Plaintiff's Response thereto. By letter, dated March 3, 2009, the Plaintiff agreed to withdraw her "General Objections" set forth in her response. As well, issues as to production request no. 14 are presently resolved. This motion addresses those requests on which the parties were unable to Case 9:08-cv-80232-KAM Document 59 Entered on FLSD Docket 04/02/2009 Page 2 of 13 Doe 3 v. Epstein Page No. 2 come to an agreement. Also, Defendant has filed simultaneously with this motion a Motion To Compel directed to certain of Plaintiff's Answers to Defendant's First Set of Interrogatories, also dated January 26, 2009, and which addresses identical discovery issues. Both motions should be determined at the same time. Motion To Compel Responses to Nos.1, 10, 11, 17, & 18 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: Plaintiff objects to this request as overbroad, unduly burdensome, and not reasonably calculated to lead to discovery of admissible evidence. Without waiving this objection, Plaintiff states that she has no such documents in her possession and agrees to provide Defendant's counsel with a signed IRS form 4506-T upon request. Legal Argument Supporting Entitlement to Discovery Sought in No. 1 Plaintiff does not make a relevancy objection, but instead claims that the request is "not reasonably calculated to lead to the discovery of admissible evidence." Plaintiff also claims that the request is "overbroad" and "unduly burdensome," but fails to make any showing whatsoever how the request is overbroad or unduly burdensome as required under Rule 26(c) and Local Gen. Rule 26.1 H (S.D. Fla. (2008). On its face, the six year time period of 2002-2007 for Plaintiff's tax return's and supporting documentation is reasonable. Plaintiff's Second Amended Complaint alleges that the alleged sexual abuse and exploitation of her by Defendant occurred in "in 2004-2005." 2d Am. Complaint, ,ia. Plaintiff finally states "she has no such documents in her possession and agrees Case 9:08-cv-80232-KAM Document 59 Entered on FLSD Docket 04/02/2009 Page 3 of 13 Doe 3 v. Epstein Page No. 3 to provided Defendant's counsel with a signed IRS form 4506-T upon request." Defendant's counsel by faxed letter, dated March 30, 2009, requested that Plaintiff sign and submit two IRS Forms 4506-T requesting tax returns for Each of the years 2002 - 2007. In the event, Plaintiff complies with the request, Defendant will withdraw his motion to compel directed to request no. 1. Also, such information is both relevant and reasonably calculated to lead to the discovery of admissible evidence. It is well settled that relevant information 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.; Donahay v. Palm Beach Tours & trans., Inc., 242 F.R.D. 685 (S.D. Fla. 2007). Discoverability of such information is governed by Rule 26, Fed.R.Civ.P., pursuant to which the scope of discovery is broad. Donahay, supra, at 686, and cases cited therein. "Parties may obtain discovery regarding any matter, not privileged, which is relevant 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 are relevant to Plaintiff's damages claims detailed below herein. Such information would show Plaintiff's employment and earning history, as well as provide evidence as to how Plaintiff has been able to function in her daily life before, during and after the alleged incident. 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 living and be self-supporting has not only a financial component, but also an emotional/psychological/mental component. In her Second Amended Complaint, Plaintiff attempts to allege claims in Count I Case 9:08-cv-80232-KAM Document 59 Entered on FLSD Docket 04/02/2009 Page 4 of 13 Doe 3 v. Epstein Page No. 4 for "Sexual Assault and Battery," Count II for "Intentional Infliction of Emotional Distress," and in Count Ill for "Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C.A. §2422," and seeks damages pursuant to 18 U.S.C. §2255(a). (Plaintiff alleges diversity of citizenship as a basis for this Court's jurisdiction. 2d Am. Complaint, ,T5). Counts I and II are brought pursuant to state law. In her complaint, Plaintiff alleges that "she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages," and "severe mental anguish and pain." She also seeks compensatory damages for her alleged injuries. 2d Am. Complaint,,T,T21, 27, 33, and "Wherefore" clauses. In her answers to interrogatories nos. 9 and 10, Plaintiff further states that: Plaintiff has suffered severe psychological and emotional injuries, including without limitation, anxiety, depression, suicidal ideation, guilt, self-blame, feelings of being degraded, feeling unattractive, diminished sense of femininity, fluctuations in weight/appetite, sexual intimacy problems, flashbacks, disturbing memories, stress, irritability, feelings of being isolated and trapped, diminished trust, social problems, problems in personal relationships, indecisiveness, lower energy, lower ambition and initiative, headaches, back pain, feels stress (particularly around men), obsessive thoughts, problems concentrating, alcohol abuse, corruption of morals and values, loss of innocence, and cries a lot. (lnterrog. No. 9). . . . she seeks damages arising from her psychological and emotional injuries. These damages include pain and suffering, costs of psychological care and treatment, and loss of earning capacity .... (lnterrog. No. 10). As discussed above, the tax returns, and supporting documentation, will provide direct evidence as to Plaintiff's claimed damages, not only her loss of earning capacity claim, but also her emotional/psychological/mental health type damages. The time period will allow Defendant to compare how Plaintiff was doing in her life prior to, during, and after the alleged incident. Accordingly, Plaintiff's objection is required to be overruled, and Defendant is entitled to the documents requested. Case 9:08-cv-80232-KAM Docum