EFTA00722931.pdf

IN THE FOURTH DISTRICT COURT OF APPEAL FOR THE STATE OF FLORIDA JEFFREY EPSTEIN, CASE NO: 4D09-2554 Petitioner, vs. L.T. No. 20098CF009381A (Palm Beach) STATE OF FLORIDA, Respondent. RESPONDENT B.B.'S MOTION TO SUPPLEMENT THE RECORD Respondent B.B. moves to supplement the record before the Court on Petitioner Jeffrey Epstein's petition for writ of certiorari and states as follows: 1. Petitioner Epstein filed an emergency petition for writ of certiorari requesting that this Court quash the order of Fifteenth Judicial Circuit Judge Jeffrey Colbath unsealing a nonprosecution agreement between Petitioner Epstein and the United States Attorney's Office. 2. One of Petitioner Epstein's arguments for quashing the lower court order is that Respondent B.B. is able to obtain the sealed nonprosecution agreement from the United States Attorney's Office pursuant to the terms of a federal order issued by Judge Marra of the Southern District of Florida: As Mr. Epstein's counsel stated at the June 25, 2009 hearing in front of Judge Colbath, B.B., as an alleged victim, is entitled to production of the document subject to the conditions in Judge Marra's orders (A-18:41). EFTA00722931 Reply Brief, p. 21, ¶ 3. 3. Respondent B.B., in fact, is not able to obtain the nonprosecution agreement from the United States Attorney's Office. Late yesterday afternoon, counsel for B.B. received the attached letter from the United States Attorney advising that the he cannot disclose the nonprosecution agreement to B.B. because she was not identified by the USAO as one of Epstein's victims. 4. Although this letter was not before the trial court prior to the issuance of the order unsealing the agreement, it directly bears on the proceedings before this Court. It should also be noted that Petitioner Epstein submitted a supplemental appendix with his reply brief that includes documents created after the order under review here and were not, therefore, considered by Judge Colbath when unsealing the nonprosecution agreement. 5. The undersigned counsel for Respondent B.B. has conferred with Jane Kreusler-Walsh, counsel for Petitioner Epstein, regarding this motion to supplement. Ms. Walsh advised that she is on vacation and would refer the matter to trial counsel. Undersigned counsel has not yet heard from trial counsel regarding Petitioner Epstein's position on this motion to supplement. As briefing in this case has been completed and the Court might rule at any time, Respondent B.B. is filing this motion without knowledge of whether opposing counsel opposes the relief requested. Respondent will file an 2 EFTA00722932  amended motion upon opposing counsel advising of the Petitioner's position on this motion. WHEREFORE, Respondent B.B. respectfully requests the Court supplement the record before the Court on Petitioner Epstein's petition for writ of certiorari with the attached letter to Respondent B.B. from the United States Attorney's Office. Dated: August 5, 2009 By: Diana L. Martin Florida Bar No. 624489 LEOPOLD-KUVIN,P.A. 3 EFTA00722933  CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served via U.S. Mail on August 5, 2009, on the following: Jack A. Goldberger, Esq. Jane Kreusler-Walsh, Esq. Atto For: Jeir- E stein Barbara J. Compiani, Esq. Attorneys For: Jeffrey Epstein ICreusler-Walsh, Compiani & Vargas, P.A. Phone: Fax: one: Robert D. Critton, Jr., Michael J. Pike Jeffrey H. Sloman, Esq. Attorn• For: Je re Epstein U.S. Attorney's Office-Southern District Fax: Judith Stevenson Arco, Esq. William Berger, Esq. State Attorney's Office-West Palm Attorney For: E. W. Beach Rothstein Rosenfeldt Adler Deanna K. Shullman Attorney For: Palm Beach Post Diana L. Maftin Florida Bar No. 624489 4 EFTA00722934  U.S. Department of Justice United States Attorney Southern District ofFlorida Facsimile: August 4, 2009 VIA ELECTRONIC MAIL Spencer T. Kuvin, Esq. Re: Jeffrey Eostein/B.B. — Requested Disclosure of Non-Prosecution Agreement Dear Mr. Kuvin: Thank you for your letter regarding the disclosure of the Non-Prosecution Agreement signed by Jeffrey Epstein. I understand that you are asking for a copy of that Agreement in connection with your representation of "B.B." As you are aware, the Agreement contains a confidentiality provision. Based upon a lawsuit filed by some of Mr. Epstein's victims, U.S. District Judge Kenneth Marra has issued a Protective Order requiring the U.S. Attorney's Office to provide copies of the Agreement to certain individuals under certain circumstances. The Order states: If any individuals who have been identified by the USAO [U.S. Attorney's Office] as victims of Epstein and/or any attomey(s) for those individuals request the opportunity to review the Agreement, then the USAO shall produce the Agreement to those individuals, so long as those individuals also agree that they shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard ... (Court File No. 08-CV-80737-MARRA, DE 26, 1 (e).) The language "individuals who have been identified by the USAO as victims ofEpstein" refers to a specific list of individuals who were the subject of the federal investigation. A list of those individuals was provided to Mr. Epstein's attorney. Your client, B.B., was not identified during that investigation, and, therefore was not on the list. By stating this I am not, in any way, denigrating any harm that your client may have suffered. I am simply stating that, given time and resource limitations that we faced during the investigation, B.B. was not a person who was positively identified, such that she would have been the subject of charges within a EFTA00722935 SPENCER T. KUVIN, ESQ. AUGUST 4, 2009 PAGE 2 possible federal indictment. For this reason, your client is not covered by the Court's Protective Order and the Agreement's confidentiality provision remains intact. If you are unable to get a copy of the Agreement via the civil discovery process in the lawsuit that you have filed against Mr. Epstein, please ask his counsel if they will consent to my production of the Agreement to you and I will send a copy to you. Sincerely, Jeffrey H. Sloman Acting United States Attorney By: Ohl Mara Viarfroira - A. Marie Villafafia Assistant U.S. Attorney cc: Karen Atkinson, Esq. EFTA00722936  Podhurst Orseck TRIAL & APPELLATE LAWYERS Robert Orseck (1934-1978) Aaron S. Podhurst Robert C. Josefsberg Walter H. Beckham, Jr. Joel D. Eaton Karen Podhurst Dern Steven C. Marks Of Counsel Victor M. Diaz, Jr. Katherine W. Ezell Stephen F. Rosenthal Ricardo M. Martinez-Cid Ramon A. Rasco Alexander T. Rundlet John Gravante, III Carolina Maharbiz August 4, 2009 Storage USA OWE To Whom It May Concern, It has come to our attention that Mr. Jeffrey E. Epstein leases one or more of your storage units. Mr. Epstein is the defendant in civil law suits involving the sexual exploitation of victims tein...s..nted by undersigned attorneys. Pursuant to Judge Kenneth Marra's Preservation Order (attached hereto), the items stored in Mr. Epstein's storage unit(s) must be preserved. Preservation includes taking reasonable steps to prevent the partial or full destruction, alteration, testing, deletion, shredding, incineration, wiping, relocation, theft, or mutation of any material, as well as negligent or intentional handling that would make material incomplete or inaccessible. Should Mr. Epstein cease to pay his storage fees, Storage USA is still required to preserve and maintain, and not destroy, alter, or dispose of anything in any of his storage units, as well as any correspondence, records or contracts with Defendant Epstein. Please be advised that failure to abide by this request could result in penalties and/or sanctions against your company and could form the basis of legal claims for spoilation. Thank you for your cooperation. Sincerely, Katherine Ezell KWE/mee cc: Robert Critton, Esq. Miami l l.. Fax t II• PPIIIN= M www.podhuntcom EFTA00722937 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Dock4t 07/30/2009 PAlae 1/of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO. 2, CASE NO.: 08-CV-80119-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 3, CASE NO.: 08-CV-80232-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant JANE DOE NO. 4, CASE NO.: 08-CV-80380-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 5, CASE NO.: 08-CV-80381-MARRA/JOHNSON Plaintiff, EFTA00722938 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Docket 07/30/2009 Page 2 of 7 vs. JEFFREY EPSTEIN, Defendant. / JANE DOE NO. 6, CASE NO.: 08-CV-80994-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. I JANE DOE NO. 7, CASE NO.: 08-CV-80993-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. / C.M.A., CASE NO.: 08-CV-80811-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. / EFTA00722939 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Docket 07/30/2009 Page 3 of 7 JANE DOE, CASE NO.: 08-CV-80893-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. II, CASE NO.: 08-CV-80469-MARRA/JOHN SON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 101, CASE NO.: 09-CV-80591-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 102, CASE NO.: 09-CV-80656-MARR_A/JOHNSON Plaintiff, EFTA00722940  Document 232 Entered on. FLSD Docket 07/30/2009 Page 4 of 7 Case 9:08-cv-80119-KAM vs. JEFFREY EPSTEIN, Defendant / ORDER THIS CAUSE comes before the Court on Plaintiffs Jane Doe No. 101 and Jane Doe No. 102's Motion for an Order for the Preservation of Evidence and Incorporated Memorandum of Law (DE 114), filed May 26, 2009, and the Court's Order ( DE 192), entered July 6, 2009. The parties are in agreement as to a substantial part of the language in their proposed orders, and the Court has carefully considered the motion, the proposed orders, and is otherwise fully advised in the premises. It is ORDERED AND ADJUDGED that Plaintiffs' Motion (DE 114) is GRANTED as follows: A Defendant, Jeffrey Epstein, and his employees, his agents, and his attorneys are directed to take every reasonable step to preserve all evidence relevant to these cases that have been filed in federal court or that may lead to the discovery of admissible evidence relevant to these cases, which includes evidence related to the October 25, 2005 search, documents, data, and tangible things, including writings; records; files; correspondence; digital or chemical process photographs (including negatives); reports; memoranda; calendars; diaries; minutes; electronic messages; voicemail; e- mail; telephone message records or logs; computer and network activity logs; hard drives; backup data; removable computer storage media, such as tapes, disks, and cards; printouts; document image files; web pages; databases; spreadsheets; software; EFTA00722941  Document 232 Entered on FLSD Docket 07/30/2009 Page 5 of 7 Case 9:08-cv-80119-1(AM books; ledgers; journals; orders; invoices; bills; vouchers; checks; statements; worksheets; summaries; compilations; computations; charts; diagrams; graphic presentations; drawings; films; charts; video, phonographic, tape, or digital recordings or transcripts thereof; drafts; jottings; and notes. Information that serves to identify, locate, or link such material, such as file inventories, file folders, indices, and metadata, is also included. Specifically, Defendant must preserve the following evidence: records of phone communications; records of domestic and international travel, including travel in Defendant's private airplanes; former and current employee records; tax returns; medical bills; bills regarding any other expenses related in any way to these Plaintiffs; all documents evidencing payment by Defendant of U.S. currency and/or merchandise to each person on the list of victims provided by the United States Attorney's Office ("USAO list"); any evidence stored in Defendant's storage unit; all photographs of the interior and exterior of Defendant's Palm Beach mansion as it appeared in 1998 through October 2005; any diary, log, memo pad, calendar, or other writing reflecting the date that each person on the USAO list visited Defendant's mansion; any diary or document wherein each victim on the USAO list wrote regarding any visit(s) to Defendant's mansions; all documents sent to or by the Palm Beach Police Department ("PBPD"), the FBI, the USAO, or the Palm Beach State Attorney's Office ("PBSAO") to or by the Defendant; and all computers used by Defendant and/or his agents and/or employees during 1998 through and including October 25, 2005, the date of the search warrant. B. The duty to preserve evidence extends to documents, data, and tangible things in the EFTA00722942 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Docket 07/30/2009 Page 6 of 7 possession, custody, and/or control of the parties to this action and any employees, agents, or attorneys who possess materials reasonably anticipated to be subject to discovery in these actions. Counsel shall be directly responsible only to the extent they are in possession or control of evidence. Counsel shall provide a copy of this Order to Defendant and those employees or agents whom defense counsel knows, or has reason to know, may have evidence. C. "Preservation" is to be interpreted broadly to accomplish the goal of maintaining the integrity of all documents, data, and tangible things reasonably anticipated to be subject to discovery in these actions under Rules 26, 45, and 56(e) of the Federal Rules of Civil Procedure. D. If an objection or privilege is raised, the parties may raise the issue with this Court in a timely fashion and shall preserve the evidence in question pending resolution by the Court. An agreement to preserve evidence and this Order is not a waiver of any right to object to production. E. The parties, without leave of Court, may agree in writing that certain documents or categories of evidence need not be preserved as otherwise required by this Order. If such agreement is reached, such agreement is effective upon signing and without further order of this Court. F. If this Court determines that evidence has been destroyed or lost in violation of this Order, it may impose appropriate sanctions based upon motion and an evidentiary hearing, if necessary. EFTA00722943 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Docket 07/30/2009 Page 7 of 7 G. Each party shall bear its own costs for complying with this Order. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 30'" of July, 2009. KENNETH A. MARRA United States District Court Judge Copies to: All counsel of record EFTA00722944  Epstein Matter Depositions Currently Scheduled as of August 7, 2009 a-AWN QWW-TOR Doe 101, Alfredo 8/7/09,1:00p.m. Kress Court Re Noticed by 102 & Rodriguez, Josefsberg,Kuvin BB continued video depo Doe and Leslie Wexler 8/14/09,11:00a.m Noticed by Doe 101, By video .Cancelled but Edwards, cross 102 no notice yet notice by Josefsberg, U.S.Legal - same - Ghislane Noelle 8/17/09,11:00a.m Es uire Court Re - same — Maxwell By video - same - Glenn Russell 8/18/09 11:00a.m - same - - same - Dubin By video B.B. Donald Trump 8/18/09,11:00a.m - same - Noticed by Kuvin B.B. 8/20/09,10:00a.m • - same - By video B.B. 9/01/09,11:00a.m Esquire Court Rep - same - By video EFTA00722945  IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B Case No: 502008CA037319XXXXMB AB Plaintiff, vs. JEFFREY EPSTEIN Defendant. PLAINTIFF'S NOTICE OF TAKING CONTINUED VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME: DATE AND TIME: LOCATION; Alfredo Rodriguez August 7, 2009 Kress Court Reporting 1:00 PM upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for purposes of discovery, for use at trial or are being taken for such other purposes as are permitted under the Rules of the Court. I HEREBY CERTIFY that a true and correct copy of this Notice was faxed and mailed day of August, 2009 to: Jack A. Goldberger, Es Bruce E. Reinhart, Esq., • Robert D. Critton, Jr., Michael J. Pik LEOPOLD-KUV1N, P.A. By: Sy N KUVIN, ESQ. Florida Bar No: 089737 EFTA00722946  IN THE CIRCUIT COURT OF THE 15' s JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BB, Case No: 502008CA 37319XXXX MB AB Plaintiff, Florida Bar No: 089737 vs. JEFFRY EPSTEIN, Defendant. PLAINTIFF'S NOTICE OF TAKING DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME: DATE AND TIME: LOCATION: DONALD TRUMP August 18, 2009 E uire Court Re orters One 11:00 AM upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of New York. The oral examination will continue from day to day tmtil completed. The depositions are being taken for purposes of discovery, for use at trial or are being taken for such other purposes as are permitted under the Rules of the Court WE HEREBY CERTIFY that a true and •rrect co of this Notice was mailed this 9 to Jack A. Goldberger, E IL Bruce E. Reinhart, Esq., Robert D. Critton, Jr., Michael J. Pike, LEOPOLD-KUVIN, P.A. EFTA00722947  IN THE CIRCUIT COURT OF THE 15-ni JUDICIAL CIRCUIT IN AND FOR PLAM BEACH COUNTY, FLORIDA B.B. Case No: 502009CA037319XXXXMB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: PATE AND TIME: LOCATION: September 1, 2009 Esquire Court Re orters, 11:00 AM upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of New York. The oral examination will continue from day to day until completed. The depositions are being taken for purposes of discovery, for use at trial or are being taken for such other purposes as are permitted under the Rules of the Court. WE HEREBY CERTIFY that a true and f thi ice thi • ,11- 2009 to: Jack A. Goldberger, nice E. Reinhart, Esq., Robert D. Critton, Jr., Michael J. Pike, LEOPOLD-KUV1N, P.A. Florida Bar No: 089737 EFTA00722948  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO. 2, CASE NO.: 08-CV-80119-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 3, CASE NO.: 08-CV-80232-MARRA/JOINSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 4, CASE NO.: 08-CV-80380-MARRA/JOHNSON Plainti$ vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 5, CASE NO.: 08-CV-80381-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. I'odhurst Orseek, P.A. Fax • Part LaaderdaleMil I www.podhontcom EFTA00722949  / JANE DOE NO. 6, CASE NO.: 08-CV-80994-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. / JANE DOE NO. 7, CASE NO.: 08-CV-80993-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. C.M.A., CASE NO.: 08-CV-80811-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. / JANE DOE, CASE NO.: 08-CV-80893-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, -2- Podhurst Orseck, P.A. 25 West Flagier Street, Suite 800, Nan*FL 33130,Mace Fax • FactLaadadde EFTA00722950  Defendant. JANE DOE NO. IL CASE NO.: 08-CV-80469-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO.-101, CASE NO.: 09-CV-80591-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 102, CASE NO.: 09-CV-80656-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. CROSS-NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that at the below listed time and place the Plaintiff, JANE DOE NO. 101 and JANE DOE NO. 102, by and through undersigned counsel, will take the -3- Podhurst °meek, P.A. 25 West Raster Street, Suite SOO, Mani, FL 33130, Miami Fax • Re Lauderdale- www.podhurstcom EFTA00722951  depositions of: NAME OF DEPONENT DATE AND PLACE OF DEPOSITION Glenn Russell Dubin Tuesday Es uire Court Re orters August 18, 2009 11:00 a.m. upon oral examination before US LEGAL SUPPORT, Court Reporters, Notary Public, or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the rules of Court. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this,30th day ofittly, 2009, a copy of the foregoing was -4- Podhurst Orseck, P.A. Fax • Fort Lauderdale www.podhureLcom EFTA00722952  served this day on all counsel of record identified on the attached Service List either via e-mail and/or U.S. mail. Respectfully submitted, PODHURST ORSECIC, P.A. Attorneysfor Plainttffs Jane Doe No. 101 and Jane Doe No. 102 BY: Sg.-4-4- (AP cap eu Robed C. Josefsberg Katherine W. Ezell Ci National Bank Buildi Telephone. Facsimile: -5- Podhurst Orsec.1c, R A. Fax • Fat Lauderdale www.podharacom EFTA00722953  SERVICE LIST JANE DOE NO. 2 v. JEFFREY EPSTEIN Case No. 08-CV-80119-MARRAIJOHNSON United States District Court, Southern District of Florida Via Regular mail and e-mail to: Counselfor Defendant, Jeffrey Epstein Via email to: Jack Scarola, Esq. Jack P. Hill, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A. Phone: Counselfor Plaintiff in related Case No. 08-80811 Adam Horowitz, Esq. Stuart Mermelstein, Esq. Mermelstein & Horowitz, P.A. Phone: Counselfor Plaintiffs in Related Cases Nos. 08-80069, 08-80119,08-80232, 08-80380, 08- 80381, 08-80993, 08-80994 -6- Podhurst Orseck, P.A. I=MI a-. • FaitLiadecdoli=ll I wwwfodbuctecont EFTA00722954  Spencer Todd Kuvin, Esq. Theodore Jon Leopold, Esq. Leopold Kuvin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens. FL 33410 Phone: Counselfor Plaintiff in Related Case No. 08-08804 Richard Willits, Esq. Richard H. Willits, P.A. Phone: Counselfor Plaintiff in Related Case No. 08-80811 Brad Edwards, Esq. Rothstein Rosenfeldt Adler Phone: Counselfor Plaintiff In Related Case No. 08-80893 Isidro Manuel Garcia, Esq. Gar is Elki hrin er Phone: Counselfor Plaintiff in Related Case No. 08-80469 -7- Podhurst Orseck, P.A. 23 West Flask, Street. Suite SOO, Miami FL 33130, Miami Fax • Fort Lauderdale www.podhurstsom EFTA00722955  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO. 2, CASE NO.: 08-CV-80119-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 3, CASE NO.: 08-CV-80232-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 4, CASE NO.: 08-CV-80380-MARRA/JORNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 5, CASE NO.: 08-CV-80381-MARRAJJOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Podhurst Orsecic, P. A. eP =MI RAMIE • sortumacrecaelINIIM I www.podhurstcom EFTA00722956  JANE DOE NO. 6, CASE NO.: 08-CV-80994-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant JANE DOE NO. 7, CASE NO.: 08-CV-80993-M.ARRA/JOHNSON Plaintift vs. JEFFREY EPSTEIN, Defendant. C.M.A., CASE NO.: 08-CV-8081 I-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant JANE DOE, CASE NO.: 08-CV-80893-MARRA/JOHNSON Plaintiff VS. JEFFREY EPSTEIN, -2- Podhurst Orseck, P A. / ,MME 306.3887800 114 • Fat Lauderdale wvrw.podhurstcom EFTA00722957  Defendant. JANE DOE NO. CASE NO.: 08-CV-80469-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 101, CASE NO.: 09-CV-80591-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 102, CASE NO.: 09-CV-80656-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. CROSS-NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that at the below listed time and place the Plaintiff, JANE DOE NO. 101 and JANE DOE NO. 102, by and through undersigned counsel, will take the -3- Podhurst °melt, P.A. MM. F.xIMM • Fort Uudftd.leEMM 8,w,podhungxom EFTA00722958  depositions of: NAME OF DEPONENT DATE AND TIME PLACE OF DEPOSITION Leslie Wexner Friday August 14, 2009 11:00 a.m. upon oral examination before US LEGAL SUPPORT, Court Reporters, Notary Public, or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the rules of Court. CERTIFICATE WE HEREBY CERTIFY that on this.W day o , 2009, a copy of the foregoing was _4_ Podhurst Orsccic, P. A. Fax • Fort Lauderdale vrww.podhurstan:n EFTA00722959  served this day on all counsel of record identified on the attached Service List either via e-mail and/or U.S. mail. Respectfully submitted, PODHURST ORSECK, P.A. Attorneysfor Plaintiffs Jane Doe No. 101 and Jane Doe No. 102 By: gprittv-42.*AJet 1.e../ Robert C. JosefL Katherine W. Ezell -5- Podhurst Orseck, P.A. Fax • Fat isadadak wwW.pilailurSt.COM EFTA00722960  SERVICE T JANE DOE NO. 2 v. JEFFREY EPSTEIN Case No. 08-CV-80119-MARRAJJOHNSON United States District Court, Southern District of Florida Via Regular mail and c-mail to: Robert Critton, Esq. Michael J. Pike, Esq. Cii I Counselfor Defendant, Jeffrey Epstein Via email to: Jack Scarola, Esq. Jack P. Hill, Esq. Scatty Denney Scarola Barnhart & Shipley, P.A. Counselfor Plaintiff in related Case No. 08-80811 Adam Horowitz, Esq. Stuart Mermelstein, Esq. wiv P.A Counselfor Plaintiffs in Related Cases Nos. 08-80069, 08-80119,08-80232, 0840380, 08- 80381, 08-80993, 08-80994 -6- Podhurst Orseck, P.A. 305-3582800 Fax • Fat Lauderdale www.podhurstcom EFTA00722961  Spencer Todd Kevin, Esq. Theodore Jon Leopold, Esq. Leopold Kuvin. P.A. Counselfor Plaintiff in Related Case No. 08-08804 Richard Willits, Esq. Richard H. Willits, P.A. Counselfor Plaintiff in Related Case No. 08-80811 Brad Edwards, Esq. Rothstein Rosenfeldt Adler Counselfor Plaintiff in Related Case No. 0840893 Isidro Manuel Garcia, Esq. Counselfor Plaintiff in Related Case No. 08-80469 -7- Podhurst Orseck, R A. Fax • Poet Lauderdale www.podhureLcom EFTA00722962  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO. 2, CASE NO.: 08-CV-80119-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 3, CASE NO.: 08-CV-80232-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 4, CASE NO.: 08-CV-80380-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 5, CASE NO.: 08-CV-80381-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant Podhurst Orseck, P.A. NMI Fax- • Foe tsuderdaleMM I www.podhurstsom EFTA00722963  JANE DOE NO. 6, CASE NO.: 08-CV-80994-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 7, CASE NO.: 08-CV-80993-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. C.M.A., CASE NO.: 08-CV-80811-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE, CASE NO.: 08-CV-80893-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, -2- Podhurst Orsecic, P.A. IME • Fort Luderdale ww-re.podluretcom EFTA00722964  Defendant. JANE DOE NO. 11, CASE NO.: 08-CV-80469-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 101, CASE NO.: 09-CV-80591-MAR.RA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 102, CASE NO.: 09-CV-80656-MARRA/JOHNSON Plaintiff; vs. JEFFREY EPSTEIN, Defendant. CROSS-NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that at the below listed time and place the Plaintiff, JANE DOE NO. 101 and JANE DOE NO. 102, by and though undersigned counsel, will take the -3- Podhurst Orseck, 25 West Flagier Street, Suite 800, Miami, FL 33130. Miami Fe<905.351.7382 • Fort Lauderdale www.podhurstcorn EFTA00722965  depositions of: NAME OF DEPONENT DATESEDILME PLACE OF DEPOSITION Ghislane Noelle Maxwell Monday August 17, 2009 11:00 a.m. upon oral examination before US LEGAL SUPPORT, Court Reporters, Notary Public, or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the rules of Court. CERTIFICATE QUERYEI WE HEREBY CERTIFY that on Unser day o , 2009, a copy of the foregoing was _4_ Podhurst Orseck, P.A. Fax • Fort Lauderdale www.podhurstcorn EFTA00722966  served this day on all counsel of record identified on the attached Service List either via e-mail and/or U.S. mail. Respectfully submitted, PODHURST ORSECIC, P.A. Attorneysfor Plaintiffs Jane Doe No. 101 and Jane Doe No. 102 By: f /5 :1e-/R.0 Robert C. Josefsberg Katherine W. Ezell City National Bank Building Telephone Facsimile: -5- Podhurst Otsecic, P.A. Fax • Fort Lauderdale wanv.podtatrsicom EFTA00722967  SERVICE LIST JANE DOE NO. 2 v. JEFFREY EPSIEJN Case No. 08-CV-80119-MARRA/JOHNSON United States District Court, Southern District of Florida Via Regular mail and e-mail to: Robert Critton, Esq. Michael J. Pike, Esq. Burman Critton Luther & Coleman LLP Phone: Counselfor Defendant, Jeffrey Epstein Via email to: Jack Scarola, Esq. Jack P. }fill, Esq. Scarola Barnhart & Shipley, P.A. Counselfor Plaintiff in related Case No. 0840811 Adam Horowitz Esq. Stuart Mermeistein, Esq. Mermelstein & Horowi P.A. Phone. Counselfor Plaintiffs in Related Cases Nos. 08-80069, 08-80119,08-80232, 08-80380, 08- 80381, 08-80993, 08-80994 -6- Podhurst Orseck, R A. Fax • Fart Leaderdale EFTA00722968  Spencer Todd Kuvin, Esq. Theodore Jon Leopold, Esq. Leopold Kuvin. P.A. Counselfor Plaintiff in Related Case No. 08-08804 Richard Willits, Esq. Richard FL Willits. P.A. Counselfor Plaintiff in Related Case No. 08-80811 Brad Edwards, Esq. Rothstein Rosenfeldt Adler 401 E. Las Olas Blvd., Suite 1650 Fort Lauderdal FL 33301-4252 Phone: ax: (954) 5274663 Counselfor Plaintiff in Related Case No. 08'40.893 Isidro Manuel Garcia, Esq. Counselfor Plaintiff in Related Case No. 08-80469 -7- Podhurst Orseck, 25 West Flasks Street Sadte 800, Miami, FL 33130, Miami Fax • Fat Lauderdale EFTA00722969