Case Document Entered on FLSD Docket Page of JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CV-80119-MARRA/JOHNSON I CASE NO 08-CV-80232-MARRA/JOHNSON I CASE NO 08-CV-80380-MARRA/JOHNSON I CASE NO 08-CV-80381-MARRA/JOHNSON Case Document Entered on FLSD Docket Page of Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant CASE NO 08-CV-80994-MARRA/JOHNSON JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant CASE NO 08-CV-80993-MARRA/JOHNSON C.M.A Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE Plaintiff vs CASE NO 08-CV-80811-MARRA/JOHNSON I CASE NO 08-CV-80893-MARRA/JOHNSON Case Document Entered on FLSD Docket Page of JEFFREY EPSTEIN Defendant JANE DOE NO II Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO IOI Plaintiff vs JEFFREY EPSTEIN Defendant I CASE NO 08-CV-80469-MARRA/JOHNSON I CASE NO 09-CV-80591-MARRA/JOHNSON JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant CASE NO 09-CV-80656-MARRA/JOHNSON PLAINTIFFS JANE DOE NO AND JANE DOE NO MOTION FOR AN ORDER FOR THE PRESERVATION OF EVIDENCE AND INCORPORATED MEMORANDUM OF LAW Case Document Entered on FLSD Docket Page of Plaintiffs Jane Doe No and Jane Doe No the Plaintiffs pursuant to Rules and of the Federal Rules of Civil Procedure hereby move this Court for an Order for the Preservation of Evidence directed to Defendant Jeffrey Epstein and as grounds state as follows I After investigations by the Palm Beach Police Department PBPD the Palm Beach State Attorneys Office PB SAO the Federal Bureau of Investigation FBI and the United States Attorneys Office for the Southern District of Florida USAO Defendant Jeffrey Epstein in June entered pleas of guilty in the Fifteenth Judicial Circuit in Palm Beach County Florida to various Florida state crimes involving the solicitation of minors for prostitution and the procurement of minors for the purposes of prostitution As outlined in detail in the relevant complaints beginning in or around through in or around September Defendant used his resources and his influence over vulnerable minor children to engage in a systematic pattern of sexually exploitative behavior Defendant Jeffrey Epstein sexually abused Plaintiffs while Plaintiffs were under the age of years old As a result of Defendants sexual abuse Plaintiffs filed their actions alleging multiple violations of federal statutes condemning the coercion and enticement of a minor to engage in prostitution or sexual activity travel with intent to engage in illicit sexual conduct sex trafficking of children sexual exploitation of minor children transport of visual depictions of a minor engaging in sexually explicit conduct transport of child pornography child exploitation enterprises and other crimes specifically including but not limited to those crimes designated in U.S.C a a a and Case Document Entered on FLSD Docket Page of On October the PBPD executed a search warrant at Defendants Palm Beach Florida mansion at El Brillo Way Thus Defendant reasonably should have known of potential criminal prosecution and/or civil litigation since at least that date According to the PBPD Property Receipt evidence seized during the October search included phone message books photographs of nude underage females VHS tapes CDs and school transcripts of underage girls See PBPD Property Receipt attached hereto as Exhibit A While still incarcerated Defendant filed a Motion for Return of Property with the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County on July On September this Court entered an Order in Jane Doe Jeffrey Epstein et al Case No 08-80804-CIV-MARRA/JOHNSON directing Defendant to preserve the evidence listed in the PBPD Property Receipt and to provide duplicates to the plaintiff should this evidence be returned to Defendant by the State of Florida DE According to the PBPD Property Receipt at least some of the evidence has already been returned to Defendant including zip CDs 8mm videotapes floppy disks zip drive disks CPUs from various areas throughout the mansion and phone message books Upon information and belief one or more sexually explicit printed photographs of Plaintiffs and other minor girls taken by Defendant and/or his agents when Plaintiffs were minors were confiscated during the search and may have been returned to him In addition the zip CDs 8mm videotapes floppy disks zip drive disks and CPUs that were returned to Defendant may have contained and may still contain pornographic images of these and other minors Plaintiffs respectfully request that this Court clarify that the Order of September requires returned evidence to be preserved In addition Plaintiffs respectfully request this Court to take judicial notice that in the event that such evidence includes child pornography it is imperative for the PBPD the FBI Case Document Entered on FLSD Docket Page of the USAO and the PBSAO not to return any photographs that may be child pornography including files electronic or otherwise to Defendant or his counsel Pursuant to the Adam Walsh Protection and Safety Act Pub No Stat any property or material that constitutes child pornography shall remain in the care custody and control of either the government or the court Defendant has no right to seek its return See U.S.C In addition copying evidence that constitutes child pornography is not permissible as long as the Government makes the property or material reasonably available to the defendant See U.S.C A In addition to evidence related to the October search Defendant Jeffrey Epstein exercises sole custody and control over specific evidence relevant and material to this lawsuit relating to Defendants sexual abuse of Plaintiffs including but not limited to documents data and tangible things including but not limited to 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 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 Plaintiffs consider the following evidence relevant records of phone communications records of domestic and international travel including travel in Defendants private airplanes former and current employee records tax returns medical bills bills regarding Case Document Entered on FLSD Docket Page of any other expenses all documents evidencing payment by Defendant of U.S currency and/or merchandise to each victim any evidence stored in Defendants storage unit photographs of Defendants mansions any diary log memo pad calendar or other writing reflecting date of each victims visit to Defendants mansions any diary or document wherein each victim wrote regarding a victims visit to Defendants mansions all documents sent to or by the PBPD the FBI the USAO or the PBSAO and all computers used by Defendant and/or his agents and/or employees since Other relevant evidence includes but is not limited to electronically-stored information stored on Defendants current and former computer systems and other media and devices including handheld devices personal digital assistants voice-messaging systems online repositories and cellular telephones Electronically-stored information should be afforded the broadest possible meaning and includes by way of example and not as an exclusive list potentially relevant information electronically magnetically optically or otherwise stored as I Digital communication e.g e-mail voice mail instant messaging E-mail Server Stores e.g Lotus Domino NSF and Microsoft Exchange EDB Word-processed documents e.g Word and WordPerfect files and drafts Spreadsheets and tables e.g Excel or Lotus worksheets Accounting Application Data e.g QuickBooks Money Peachtree data Image and Facsimile Files e.g PDF TIFF JPG GIF images Sound Recordings e.g AV and MP3 files Video and Animation e.g AV and MOV files Databases e.g Access Oracle SQL Server data SAP Contact and Relationship Management Data e.g Outlook ACTI Calendar and Diary Application Data e.g Outlook PST blog entries Online Access Data e.g Temporary Internet Files History Cookies Presentations e.g PowerPoint Corel Presentations Network Access and Server Activity Logs Project Management Application Data Computer Aided Design/Drawing Files and Backup and archival files e.g Veritas Zip GHO Case Document Entered on FLSD Docket Page of Plaintiffs also respectfully request this Court to order Defendant to preserve all potentially relevant evidence even if Defendant does not intend to produce such evidence because he anticipates raising his Fifth Amendment privilege against self-incrimination As more fully set forth in Plaintiff Jane Doe No Complaint DE in Case No 09-CV-80656-MARRA/JOHNSON Defendant is a designated sexual offender who sexually exploited minor girls all over the world including in some or all of his six mansions Thus there is reason to believe that relevant evidence including many photographs of other nude underage females exists in some or all of Defendants six mansions with all but one of his mansions located outside the State of Florida On May Plaintiffs counsel sent a letter to Defendants counsel detailing the numerous sources of relevant evidence in this matter the Preservation Letter attached hereto as Exhibit Despite requests for a written response confirming Defendants duty to take the necessary steps to preserve all relevant evidence Defendant and his counsel have neither acknowledged this letter nor confirmed their duty to preserve all relevant evidence under the Federal Rules of Civil Procedure In the past Defendants counsel have asserted that a motion requesting to preserve evidence would be moot because of an order previously entered in Jane Doe Jeffrey Epstein et al Case No 08-80804-CIV-MARRA/JOHNSON Plaintiffs respectfully submit that an enforceable order is needed in their particular cases and that the binding order needs to cover evidence other than evidence related to the October search of Defendants Palm Beach mansion The sole focus of the previous order is seized evidence identified in the PBPD Property Receipt There is great need to preserve all evidence physical and electronic especially with respect to potential evidence related to Defendants possession production and/or transportation of child pornography In addition there is reason to believe that relevant Case Document Entered on FLSD Docket Page of evidence including many photographs of other nude mmor girls exist in some or all of Defendants six mansions and/or on some or all of his computers Given Defendants efforts to gain control over evidence in the custody of the PBPD as well as Defendants unwillingness to acknowledge or respond to Plaintiffs Preservation Letter a legitimate concern remains for the continuing existence and maintenance of the integrity of the evidence in question absent an order preserving the evidence This evidence some of which is in the sole custody dominion and control of Defendant is critical and indispensable to Plaintiffs cases Memorandum of Law When there is a good faith belief that evidence may be lost the Court has the authority to enter an order preserving such evidence See AT Mobility LLC Dynamic Cellular Corp No WL at S.D Fla May see also Trac/one Wireless Inc King Trading Inc No WL at N.D Tex Mar finding a legitimate concern for the continuing existence and maintenance of the integrity of the evidence in question absent an order preserving the evidence This evidence some of which is in the sole custody dominion and control of Defendant is critical and indispensable to Plaintiffs cases The evidence that Plaintiffs seek to protect is relevant and critical to the prosecution not only of their actions but for the prosecution of at least ten other filed actions against Defendant and twenty-two other as-yet-unfiled actions by Defendants victims listed on the USAO List Plaintiffs concerns outweigh any harm to Defendant that may result from a preservation order Given Defendants vast wealth and demonstrated willingness to incur expenses Defendant will not be unduly burdened by such an order See Trac/one Wireless Inc WL at I Defendant Jeffrey Epstein is a designated sexual offender who was convicted of violating various Florida state crimes involving the solicitation of minors for prostitution and the Case Document Entered on FLSD Docket Page of procurement of minors for the purposes of prostitution and is currently serving his sentence based on the charges that form the foundation of Plaintiffs claims Therefore it is reasonable to assume that both the evidence seized by the PBPD and other relevant evidence in Defendants custody and control is extremely harmful to Defendants position in his civil cases Defendants successful efforts to obtain the return of some of the seized property causes Plaintiffs grave concern regarding his willingness to comply with his duty to preserve all evidence relevant to Plaintiffs actions Without a protective order Defendant Jeffrey Epstein may seek to destroy records and information to thwart this lawsuit and many other lawsuits and thus perpetuate the wrongs that the federal laws regarding the sexual exploitation of children intend to protect Because of the nature of the relevant violations which include allegations of production and transportation of child pornography electronically-stored information is a valuable and irreplaceable source of discovery and/or evidence in these matters Plaintiffs anticipate that much of the information subject to disclosure or responsive to discovery in this cause is stored on Defendants former computer systems and other media and devices In addition as previously stated Plaintiffs believe that crucial relevant evidence may be present in some or all of the computers in perhaps each of his six mansions in Palm Beach New York City Santa Fe London Paris and the U.S Virgin Islands Finally in the other pending Jane Doe cases with active discovery Defendant Jeffrey Epstein has objected to the production of any evidence on Fifth Sixth and Fourteenth Amendment grounds Plaintiffs Jane Doe No and Jane Doe No challenge Defendants objections to discovery and more relevant to the matter at hand request that this Court issue an order clearly stating that Defendant has a duty to preserve all relevant evidence regardless of whether he intends to raise his privilege against self-incrimination See Capricorn Power Co Siemens Westinghouse Power Corp F.R.D W.D Pa A motion for a Case Document Entered on FLSD Docket Page of preservation order can be granted with regard to all items of evidence that are discoverable in accordance with the Federal Rules of Civil Procedure without the necessity of establishing that the evidence will necessarily be relevant and admissible at trial WHEREFORE in light of the above-stated duty to preserve all relevant evidence Plaintiffs Jane Doe No and Jane Doe No move this Court to enter an Order granting Plaintiffs Jane Doe No and Jane Doe No Motion for the Preservation of Evidence CERTIFICATE OF COMPLIANCE WITH LOCAL RULE Undersigned counsel conferred with counsel for Defendant in a good faith effort to resolve the issues raised in this motion Despite requests for a written response acknowledging Defendants duty to take the necessary steps to preserve all relevant evidence to alleviate the need for this motion Defendants counsel have failed to respond or acknowledge in any way Defendants duty to preserve all relevant evidence under the Federal Rules of Civil Procedure Date May s/Robert Josefsberg Robert Josefsberg Bar No Katherine Ezell Bar No Podhurst Orseck P.A City National Bank Building West Flagler Street Suite Miami Florida fax rjosefsberg podhurst.com kezell podhurst.com Attorneys for Plaintiffs Jane Doe No IOI and Jane Doe No Case Document Entered on FLSD Docket Page of Certificate of Service I hereby certify that on May 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 counsel of record identified 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 counsel or parties who are not authorized to receive electronically Notices of Electronic Filing Isl Robert Josefsberg Robert Josefsberg Bar No Katherine Ezell Bar No I Podhurst Orseck P.A City National Bank Building West Flagler Street Suite Miami Florida fax riosefsberg podhurst.com kezell podhurst.com Attorneys for Plaintiffe Jane Doe No I OJ and Jane Doe No I Case Document Entered on FLSD Docket Page of SERVICE LIST JANE DOE NO JEFFREY EPSTEIN Case No 08-CV-80119-MARRA/JOHNSON United States District Court Southern District of Florida Robert Critton Esq Michael Pike Esq Burman Critton Luttier Coleman LLP North Flagler Drive Suite West Palm Beach FL Phone Fax rcrit bclclaw.com mpike bclclaw.com Counsel.for Defendant Jeffrey Epstein Jack Goldberger Esq Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Phone Fax jagesg bellsouth.net Co-Counsel for Defendant Jeffrey Epstein Bruce Reinhart Esq Bruce Reinhart P.A South Australian A venue Suite West Palm Beach FL Phone Fax ecf brucereinhartlaw.com Counsel for Co-Defendant Sarah Kellen Jack Scarola Esq Jack Hill Esq Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach Florida Phone Fax isx searcylaw.com iph searcylaw.com Counsel.for PlaintiffC.MA Case Document Entered on FLSD Docket Page of Adam Horowitz Esq Stuart Mermelstein Esq Mermelstein Horowitz P.A Biscayne Blvd Suite Miami FL Phone Fax ahorowitz sexabuseattorney.com smermelstein sexabuseattorney.com Counsel for Plaintiffe in Related Case Nos Spencer Todd Kuvin Esq Theodore Jon Leopold Esq Leopold Kuvin P.A PGA Boulevard Suite Palm Beach Gardens FL Phone Fax skuvin leopoldkuvin.com tleopold iil,leopoldkuvin.com Counsel/or Plaintiff in Related Case No Richard Willits Esq Richard Willits P.A th Ave North Suite Lake Worth FL Phone Fax lawyerwillits aol.com reelrhw hotmail.com Counsel for Plaintiff in Related Case No I Brad Edwards Esq Law Office of Brad Edwards Associates LLC Harrison Street Suite Hollywood FL Phone Fax bedwards rra-law.com be ivbradedwardslaw com Counsel for Plaintiff in Related Case No Case Document Entered on FLSD Docket Page of Isidro Manuel Garcia Esq Garcia Elkins Boehringer Datura Avenue Suite West Palm Beach FL Phone Fax isidrogarcia bellsouth.net Counsel for Plaintiff in Related Case No
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