Case Document Entered on FLSD Docket Page of JANE DOE Plaintiff vs UNITED ST ATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CV-80893-CIV-MARRA/JOHNSON JEFFREY EPSTEIN et al Defendant Related Cases PLAINTIFF JANE DOES EMERGENCY MOTION FOR A HEARING FINDING THAT EPSTEIN IN CIVIL CONTEMPT OF THE COURTS TWO ORDERS FORBIDDING HARASSMENT AND INDIRECT CONTACT FOR APPROPRIATE SANCTIONS AND ADDITIONAL REMEDIES INCLUDING REFERRAL FOR CRIMINAL CONTEMPT Plaintiff Jane Doe through undersigned counsel hereby files this emergency motion for a hearing and for an immediate finding that Epstein stands in civil contempt of Judge Marras order forbidding indirect contact with Jane Doe and Judge Palermos order forbidding harassment of Jane Doe Jane Doe asks for this Court for remedies and sanctions to provide for her safety and to insure that Epstein follows this Courts orders and an order of the state court including a referral to the U.S Attorneys Office for prosecution of criminal contempt To put the matter bluntly defendant Epstein is intimidating Jane Doe in violation of three judicial no-contact orders Last evening he had a private investigator tail Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON Jane Doe following her every move stopping when she stopped driving when she drove refusing to pass when she pulled over When Jane Doe ultimately drove to her home the private investigator then parked in his car approximately feet from Jane Does house and flashed his high beam lights intermittently into the home Even more threateningly at about p.m when Jane Doe fled her home in the company of retired police officer employed by Jane Does counsel the private investigator attempted to follow Jane Doe despite a request not to do so The retired officer was successfully able to take evasive action and has placed Jane Doe in a secure undisclosed location last night Other harassing actions against Jane Doe also occurred yesterday Given the circumstances of this case it is obvious that intimidation from the private investigator was instigated by billionaire Epstein Epstein thus stands in clear violation of two separate orders from this Court one long-standing and one entered yesterday First a year ago this Court stated that it finds it necessary to state clearly that Defendant is under this courts order not to have direct or indirect contact with any plaintiffs Order Case no doc at emphasis added Second on top of this order yesterday this Court entered another order directing Jane Doe and Epstein not to communicate speak or harass one another in any way Order Case no doc at emphasis added Epsteins intimidation-by-surrogate also violates a no-contact order entered during the course of his guilty pleas on June before Palm Beach Circuit Court Judge Deborah Dale Pucillo who ordered Epstein not to have any contact direct or Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON indirect with any victims She also expressly stated that her no-contact order applied to all of the victims To protect her safety and to insure respect for court orders Janes Does counsel accordingly request on an emergency basis First the Court should schedule an emergency hearing today either in court or via telephone to consider whether Epstein stands in civil contempt of the Courts orders Second the Court should find that Epstein stands in civil contempt of two separate orders of this Court Third the Court should then hear from Jane Doe directly and impose such civil contempt sanctions as it finds will enable Jane Doe to return safely to her home or other place of safety without facing the threat of any further harassment or intimidation Fourth as part of the sanction for Epsteins civil contempt the Court should expand its current protective order to forbid Epstein or his agents from having any contact whatsoever direct or indirect with Jane Doe but also with any of her family members or friends as well as with any persons who have been identified by Jane Doe as possible witnesses in her case without first seeking specific approval of the Court Fifth the Court should direct Epsteins legal counsel to file with the Court in advance of the mediation on Tuesday morning a certification that they have explained to him the consequences of any additional violations of the courts orders Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON Sixth Epstein should be directed not to have any agents attempt to follow or surveil Jane Doe as she leaves the courthouse after the settlement conference on Tuesday or after any other court hearing Seventh this Court should initiate criminal contempt sanctions against Epstein for the violations of its two orders under Fed Crim a by referring a criminal contempt action to the U.S Attorneys Office for the Southern District of Florida Eighth the Court should also refer this matter to the U.S Attorneys Office for the Southern District of Florida for investigation of possible criminal offenses including witness tampering in violation of U.S.C as well as its position on violations of the conditions of Epsteins non-prosecution agreement and Ninth the Court should refer this matter to Palm Beach Circuit Court Judge Deborah Dale Pucillos criminal division presiding over Epsteins probation for consideration by her of whether Epstein has violated her order as well Tenth the Court should refer this matter to Epsteins probation officer for determination of any violations of his probation Eleventh the Court should request that Epstein pay a fine to Jane Does counsel in the amount of to cover any and all costs associated with relocating Jane Doe and keeping her safe through her trial date Because Epsteins blatant defiance of this Court no-harassment order appears to be designed by him to intimidate not only Jane Doe but also other witnesses in the case i.e other young girls that he sexually abused Jane Doe is filing this Emergency Motion Under Seal Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON BACKGROUND Counsel for Jane Doe proffer the following facts as officers of the Court They proffer that they could prove these facts at any evidentiary hearing which the Court might decide to hold Counsel for Jane Doe further represent to this Court that they have a genuine concern about the physical safety of their client Facts Leading Up to the Entry of Three Protective Orders The Court is familiar with the general circumstances of this case which involves Jane Does lawsuit seeking significant compensatory and punitive damages from billionaire Jeffrey Epstein The Court is also aware that Epstein has pied guilty to state sex charges on June When he pied guilty before Palm Beach Circuit Court Judge Deborah Dale Pucillo she ordered Epstein not to have any contact direct or indirect with any victims She also expressly stated that her no-contact order applied to all of the victims The relevant transcripts have been filed with this Court See case no doc at and exhibits thereto To avoid any uncertainty about the scope of this state court order several of the plaintiff/victims with suits pending against Epstein before this Court filed a motion for an order prohibiting defendant or his agents from communicating with them directly or indirectly Case No doc Epstein opposed these requests as needless unwarranted and excessive Doc at This Court however firmly overruled Epsteins objections On July this Court entered its own no-contact order in addition to the state court order ruling Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON In light of Defendants response to Plaintiffs motion for no contact order suggesting that the state courts order only applies to some victims and that parties are always allowed to contact each other directly the Court finds it necessary to state clearly that Defendant is under this courts order not to have direct or indirect contact with any plaintiffs regardless of the intended scope of the state court courts order Order Doc at emphasis added Recently with the case nearing trial the Court ordered Jane Doe to attend a settlement conference on July Jane Doe had concerns that the upcoming settlement conference demanded by Epstein was going to be used to harass and intimidate her See Plaintiff Jane Does Motion for Modification of Magistrate Judge Palermos Order Schedule settlement Conference doc After a response from Epstein doc the Court modified its order regarding the settlement conference to avoid harassment of Jane Doe Significantly in the final paragraph the Court Palermo starkly commanded The parties are instructed not to communicate speak or harass one another in any way Any violation of this Order will not be tolerated The parties are instructed to GOVERN THEMSELVES ACCORDINGLY Case no Doc at italic added capitalization in original This Order was entered at p.m EDT according to the PACER message sent to counsel in the case Intimidating Activities on the Evening of July In spite of three court orders forbidding contact and harassment of Jane Doe Epstein has once again shown his unwillingness to follow the rules On the evening For two other examples of Epsteins unwillingness to follow the same rules that apply to other litigants see Plaintiffs Motion in Limine to Prevent Improper Use of the th Amendment doc Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON of July sometime after the issuance of this Courts most recent order Jane Doe left her house to go to the store and noticed a car lnfiniti SUV license tag T-KNOLZ following her everywhere she went Feeling frightened she pulled into a driveway in a nearby neighborhood at one point to allow the car to proceed past her but the car pulled into the neighborhood and stopped nearby It was clear the person in the car was following her and was intentionally making his presence known Jane Doe pulled out of the driveway and headed home with this other car tailing close behind Once Jane Doe arrived to her house she went inside and the person following in the lnfiniti parked across the street outside her home Jane Doe called her attorney expressing her fear and asking what could be done to protect her She observed that the car kept creeping closer to her home every once in awhile This intimidation of Jane Doe was so serious that alerted by Jane Does counsel a retired police officer called the police The police responded to Jane Does home and confronted the man in the car The man told the police that he was private investigator However he would not tell the police who had hired him only that he was hired to watch Jane Doe The name of the investigator appears to be Thaddeus Knowles The police reported these facts to Jane Doe but advised her that they did not have a legal basis to order him to leave the public street The police are also preparing a report on the incident Counsel for Jane Doe then arranged for the retired police officer to go to Jane Does home This retired officer arrived at Jane Does home at approximately p.m recounting Epsteins misuse of the Fifth Amendment during his deposition doc recounting Epsteins willful violations of discovery orders Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON He immediately saw a car parked feet from Jane Does home facing her home He also observed the purported private investigator in the car intermittently flashing his high beam lights into Jane Does home The investigator was also intermittently attempting to videotape anyone inside the home The retired police officer took videotapes of the investigator lighting up the interior of the home with his high beam lights and also took photographs of this harassing action as well The videotape and photographs could be provided quickly to the Court upon request After consulting with Jane Doe the retired police officer determined that Jane Doe felt like a prisoner in her own home and that she believed her physical safety and that of her family was threatened if she remained there She further believed that this intimidation was being orchestrated by defendant Epstein Jane Doe is not involved in other litigation and is not aware of any other person who would want to do something like this to her Also in the last hours Jane Doe has received telephone calls from two ex-boyfriends that investigators were at their homes knocking on their doors and trying to talk to them about Jane Doe apparently because of this case And of course Jane Does settlement conference is just four days away and her trial is two and-half-weeks away In light of Jane Does concerns the retired police officer believed that it was best to take Jane Doe from her home He advised Jane Doe to pack a suitcase and leave the home with him At approximately p.m the retired police officer then took Jane Doe in his car and pulled up next to the private investigator The retired police officer advised the Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON investigator that Jane Doe was leaving the home to go to another location and that he should not attempt to follow them Nonetheless the investigator attempted to follow the retired police officer as they drove away from Jane Does home The retired police officer then took evasive action and was able to elude his pursuer As a result of these activities Jane Doe feels very threatened She knows that she was followed for much of the day She also know that this was not surreptitious surveillance by someone who was trying to discovery something about her but rather quite visible surveillance by someone whose manifest intent was to make she that Jane Doe knew she was being followed Thus when she pulled over he pulled over when she parked he parked visibly close by The only reason for such activities could be to intimidate her on the eve of the court-ordered mediation It may also be worth noting that Jane Doe is a petite young woman physically smaller and younger than the male private investigator who has been following her Past Intimidation of Witnesses By Epstein The Court should be aware that this is not the first time Epstein has used scare tactics to intimidate witnesses Indeed as the Court is aware despite numerous civil suits being filed against Epstein for sexual abuse none of the victims in those cases have felt able to proceed to trial Counsel for Jane Doe have been advised that many of these victims were afraid to take their cases all the way to trial Jane Doe remains one of only three victims who has had the temerity not to settle her case against Epstein but stand on her right to a jury trial Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON In determining who is responsible for the intimidation that took place last night this Court can consider all of the circumstances including other documented examples of harassment by Epstein Previous use of investigators to scare witnesses The use of investigators to aggressively harass his victims is not new to Epstein as investigators have in the past aggressively followed key witnesses to intimidate and scare them See Palm Beach Police Department Incident Report at Attached as Exhibit A Victim-to-victim communication One of Epsteins sexual abuse victims was relayed a message from another victim speaking on Epsteins behalf regarding the criminal investigation of Epstein in Those who help will be compensated and those who hurt will be dealt with See Palm Beach Police Department Incident Report Id at page Witness tampering during the federal investigation During the FBI investigation of his sexual abuse of young girls Epstein intimidated and harassed other possible witnesses against him namely Sarah Kellen and Nadia Marcinkova Indeed this intimidation was so serious that federal prosecutors prepared draft federal charges against him for witness tampering charges Attached as Composite Exhibit Ultimately for reasons that are unclear these charges were not filed Threats Against Jane Doe Epstein has even tracked down adverse witnesses as far away as Australia in the past to send the message not to testify against The Federal Rules of Evidence do not apply to this motion and in any event the federal rules authorize the Court to consider other bad acts in reaching a conclusion about disputed events See Fed Evid Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON him regarding his illegal sexual exploits See Complaint of Jane Doe Epstein attached as Exhibit Threats Against Alfredo Rodriguez Jane Doe is not the only person to have received this impression that she is at risk if she does not accede to Epsteins demands The Court is familiar with Alfredo Rodriguez an employee of Epstein who kept a black book of the names of minor girls Epstein was sexually abusing See Criminal Complaint U.S Rodriguez No doc Rodriguez stated that he was afraid that Jeffrey Epstein would make him disappear unless he had an insurance policy i.e the black book Id at Please find for the Courts consideration as well Exhibit the affidavit of the retired officer that assisted in protecting Jane Doe The Court can consider all of this information as circumstantial evidence pointing to only one conclusion that defendant Epstein is trying to intimidate Jane Doe before her upcoming settlement conference and trial This is clear violation of the three court orders outlined above THE COURT SHOULD TAKE APPROPRIATE STEPS TO RESPOND TO THE VIOLATION OF ITS ORDERS AND TO ALER THE STATE COURT TO A POSSIBLE VIOLATION OF ITS ORDER Defendant Epstein is thumbing his nose at three separate court orders two from this Court and one from the state court The threatening message billionaire Epstein is trying to send to Jane Doe is obvious settle this case next week or you are in danger This is not the way in which a civil case should be litigated The Court should not allow defendant Epsteins wealth to be deployed to pervert the course of justice In entering Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON its most recent no harassment order Judge Palermo indicated that any violation of this Order will not be tolerated Jane Doe respectfully requests that the Court carry through on this promise and make it possible for her to return safely to her home Jane Doe accordingly requests the following actions on an emergency basis First the Court should schedule an emergency hearing today July either in court or via telephone with counsel for Jane Doe and Epstein to learn whether Epstein will challenge any of the foregoing facts and the conclusion that he stands in civil contempt of this Courts orders and if so how to resolve those factual questions rapidly As part of that hearing counsel for Epstein should proffer whether Epstein will deny that he instigated the harassment that took place last night and answer questions about his involvement or whether instead he will refuse to answer such questions on grounds that they might incriminate him The Court should thereafter conduct such further fact-finding as it deems necessary to reach a conclusion about whether Epstein has violated the Courts orders giving both Jane Doe and Epstein an opportunity to be heard Second the Court should find that Epstein stands in civil contempt of two separate orders of this Court Judge Marras long-standing direction that Defendant is under this courts order not to have direct or indirect contact with any plaintiffs Order case no doc at emphasis added and Judge Palermos If as Jane Doe suggests the Court ultimately proceeds first by way of civil and then only later by way of criminal contempt Epstein would be entitled to invoke the Fifth Amendment only in the later criminal contempt proceedings See Romero Drummond Co Inc F.3d th Cir noting that the right to remain silent attaches to criminal contempt proceedings Of course in any civil proceeding the finder of fact can draw an adverse inference from an invocation of the Fifth Amendment Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON order yesterday that Jane Doe and Epstein are instructed not to communicate speak or harass one another in any way Order case no doc at Third the Court should then impose such civil contempt sanctions as it finds after the hearing will enable Jane Doe to return safely to her home or if necessary other place of safety without facing the threat of any further harassment or intimidation See Serra Chevrolet Inc General Motors Corp F.3d th Cir Civil contempt may be imposed in an ordinary civil proceeding upon notice and an opportunity to be heard As part of that determination plaintiff Jane Doe respectfully requests an opportunity to be heard directly by the Court either in person or via telephone so that the Court will have the benefit of her specific concerns in crafting appropriate sanctions and remedies to make her feel safe to return to her home and to prevent further intimidation at the hands of Epstein Fourth as part of the sanction for Epsteins civil contempt the Court should expand its current protective order so that forbids Epstein or his agents from not only having any contact whatsoever direct or indirect with Jane Doe but also with any of her family members or friends as well as with any persons who have been identified by Jane Doe as possible witnesses in her case without first seeking specific approval of the Court Fifth the Court should direct Epsteins legal counsel to file with the Court in advance of the mediation on Tuesday morning a certification that they have explained the requirements of all of these orders with him and have explained to him the serious consequences that could follow from of any additional violations of these orders Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON Sixth Epstein should be directed not to have any agents attempt to follow or surveil Jane Doe as she leaves the courthouse after the settlement conference on Tuesday or after any other court hearings or trial proceedings Seventh this Court should initiate criminal contempt sanctions against Epstein for the violations of its two orders and provide notice to Epstein that the criminal sanctions could include a possible term of imprisonment Criminal contempt sanctions are appropriate here because the criminal contemnor has done that which he has been commanded not to do The criminal contemnors disobedience is past a completed act a deed no sanction can undo Accordingly the criminal sanction operates not to coerce a future act from the defendant for the benefit of the complainant but to uphold the dignity of the law by punishing the contemnors disobedience United Minor Workers of America Bagwell U.S internal citations omitted The dignity of the law needs to be upheld this Court need to act to insure Epstein understands that despite his vast wealth he remains equal to everyone else in the eyes of the law In short this Court needs to stop Epstein from flouting its orders and intimidating Jane Doe Because the contempt took place outside the presence of the Court the Court should proceed in nonsummary fashion See Fed Crim a United States Baldwin F.2d th Cir The procedures for such nonsummary criminal contempt are well settled As the Eleventh Circuit has explained A federal court may punish contemptuous conduct that occurs outside its presence only after giving notice of the essential facts constituting the charged criminal contempt Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON requesting that the contempt be prosecuted by an attorney for the government and affording other procedural protections Romero Drummond Co Inc F.3d th Cir The Court should therefore begin the process by referring this matter to the U.S Attorneys Office for the Southern District of Florida or if that office declines to pursue the matter such other attorney as may be appropriate See Fed Crim a Eighth because Epsteins actions appear to implicate possible witness tampering in violation of U.S.C and possibly other federal offenses the Court should additionally refer this matter to the U.S Attorneys Office for the Southern District of Florida for a criminal investigation Ninth the Court should refer this matter to Palm Beach Circuit Court Judge Deborah Dale Pucillos criminal division presiding over Epsteins criminal probation for consideration by her of whether Epstein has violated her order as well Tenth the Court should refer this matter to Epsteins probation officer for determination of any violations of his probation Eleventh the Court should request that Epstein pay a fine to Jane Does counsel in the amount of to cover any and all costs associated with relocating Jane Doe and keeping her safe through her trial date CONCLUSION The Court should hold a hearing on an emergency basis find Epstein to be in contempt of the Courts orders and impose sanctions and take other steps as outlined Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON by Jane Doe to secure her safety and to permit her to return to her home without harassment by Epstein We respectfully request this Court to seal this Motion and all responses be SEALED DATED July Bradk,yildwBrds FARMER JAFFE WEISSING EDWARDS FISTOS LEHRMAN P.L North Andrews Avenue Suite Fort Lauderdale Florida Telephone Facsimile Florida Bar No E-mail brad pathtojustice.com and Paul Cassell Pro Hae Vice Salt Lake City UT Telephone Facsimile E-Mail cassellp law.utah.edu CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July I electronically filed the foregoing document with the Clerk of the Court using CM/ECF I also certify that the foregoing document is being served this day on all parties on the attached Service List in the manner specified either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who arEtnot uthorized to receive electronically filed Notices of Electro:_ Bradley Edwards Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80893-MARRA/JOHNSON SERVICE LIST Jane Doe Jeffrey Epstein United States District Court Southern District of Florida Jack Alan Goldberger Esq Jgold berger agwpa.com Robert Critton Esq rcritton bclclaw.com Isidro Manual Garcia isidrogarcia bellsouth.net Michael James Pike MPike bclclaw.com Paul Cassell cassellp law.utah.edu Case Document Entered on FLSD Docket Page of UNITED STATES DISTRICT COURT Southern District of Florida Case Number 08-CV-80893-CIV-MARRNJOHNSON JANE DOE Plaintiff JEFFREY EPSTEIN Defendant CERTIFICATION OF EMERGENCY I hereby certify that as a member of the Bar of this Court I have carefully examined this matter and it is a true emergency I further certify that the necessity for this emergency hearing has not been caused by a lack of due diligence on my part but has been brought about only by the circumstances of this case The issues presented by this matter have not been submitted to the Judge assigned to this case or any other Judge or Magistrate Judge of the Southern District of Florida prior hereto I further certify that I have made a bona fide effort to resolve this matter without the necessity of emergency action Dated this __ __ day of __ __ Signature Printed Name BRADLEY EDWARDS ESQ Florida Bar Number Telephone Number FOR CLERKS OFFICE USE ONLY I hereby certify that the Judge assigned to this case is unavailable for this emergency a copy of notification to the Clerk is on file In accordance with Local Rule the Honorable as randomly drawn from the Emergency Wheel I hereby certify that the Judge randomly assigned to this emergency is unavailable due to A copy of notification to the Clerk is on file In accordance with Local Rule the Honorable was randomly drawn from the Emergency Wheel Dated this day of __ STEVEN LARIMORE Court Administrator Clerk of Court By Deputy Clerk
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