UNITED DISTRICT DISTRIC-4.1T-0.3 OF JANE CASE MARRA/JOHNS-4.9ON vs JEFFREY E-5PSTEIN Defendant JANE CASE MARRA/JOHNS-4.9ON vs JEFFREY E-5PSTEIN Defendant JANE CASE MARRA/JOHNS-4.9ON vs JEFFREY E-5PSTEIN Defendant JANE CASE MARRA/JOHNS-4.9ON Case Document Entered on FLSD Docket Page of vs JEFFREY E-5PSTEIN Defendant JANE CASE MARRA/JOHNS-4.9ON vs JEFFREY E-5PSTEIN Defendant JANE CASE MARRA/JOHNS-4.9ON vs JEFFREY E-5PSTEIN Defendant CASE vs JEFFREY E-5PSTEIN Defendant Case Document Entered on FLSD Docket Page of JANE CASE vs JEFFREY E-5PSTEIN Defendant JANE CASE MARRA/JOHNS-4.9ON vs JEFFREY E-5PSTEIN Defendant JANE CASE MARRA/JOHNS-4.9ON vs JEFFREY E-5PSTEIN Defendant JANE CASE MARRA/JOHNS-4.9ON Case Document Entered on FLSD Docket Page of vs JEFFREY E-5PSTEIN Defendant PLAINTIF-4.7FS JANE DOE NO AND DOE REPLY IN SUPPORT OF MOTION TO PROCEED ANONYMOUSLY AND RESPONS-4.2E1.6 IN OPPOSITION TO MOTION TO COMP EL AND/OR I-6.6D1.4ENTIFY JANE NO AND J-5.8ANE DOE NO IN THIRD PARTY SUBP-5OENAS FO-8R PURPOSES OF DISCOVERY 2720.8Plaintiffs Jane Doe No and Jane Do No together Plaintiffs by and through their undersigned attorneys hereby file their Reply in Support of Motion to Proceed An5.3onym8.1ously and Respon5.3se Opposi tion to Mo5.6tion to Id5.6entify Jane Doe and Jane Doe in T5.8h0ird-Party Subpoenas for Purposes of Discovery and as grounds state as follows Exposure of Plaintiffs to the public di sclosure of their identity and the resultant and humiliation acco5.8mpanying th5.9eir sexu5.9al ex5.9ploitation is wholly unnecessary and prem8.1ature and cause furthe Plaintiffs respectfully assert that this Court should first decide the threshol issues of retroactivity and calculation dam8.4a-0.6ges Plaintiffs and all other victim8.4s of Defe-6ndant who have filed an action against Def3.5e-0.7ndant in f3.5e-0.7deral co5.5urt will to litig5.7ate these two f3.7o0.7llowing being reviewed by the Court in the C.M.A action against Defendant C7.2ase No JOHNSON whether the recent version of the statute which provides for a recovery of i nstead of the previous of Plain-4tiffs respectfu-4lly file Rep-4l1.4y in-4 6co-4nso-4lid issues Case Document Entered on FLSD Docket Page of applies to cases arisi ng from incidents predating the am8.3endm8.3ent to the statute and whether the a pplicable am8ount is rec overable per incident and/or per count or per victim8.2 Defendant has atte to force settlem8.3e-0.7nts on any victim8.3s possible without considering the possibility that the am8.3ount recoverable under U.S.C is per count and/or per incident Much of this Court?s caselo5.6a-0.6d will be alleviated once the C7.6ourt re solve4.9s0.3 these issue4.9s0.3 rela4.9ted to the recove4.5ry that po5.7int many Def3.7e-5.5ndant?s will lik5.7ely agree to se4.5ttle the statutory damages to which they are entitled thus obviating Defendant?s specified need to destroy his victim8.3s anonym8.3ity and expose them8.3 to further harm8.3 and hum8.7iliation This Court has discretion to deny De fendant?s Motion to Compel and/or Identify Plaintiffs in Third Party Su bpoenas for Purposes of Discovery Doe Stegall F.2d 5th Cir A7.3ug Fed.R.Civ.P vests in the trial court discretion over litigants requests for protection from annoyance em8barrassment oppression or undue burden or expense in the discovery process internal qu5.3otation om8.1itted As fu lly discussed in Plaintiffs Response to Defendant?s Motion to Stay which is adopted and incorporated herein Defendant waived his right to contest liability in actions filed pursuant to U.S.C Thus third party discovery is relevant onl if Plaintiffs seek recovery of dam8a-1ges in excess of the statu5.8t-1.4ory Addition5.8a-0.4lly if and when the parties are ready to proceed with discovery from8.4 non-party sources th5.6e Court can put num8.6erous m8.6easures in place to Plaintiffs anonym8.2ity At the out set Defendant can obtain records from8.2 C6.4ity Pricha-4.9rd as all d-5.2ecisions Case Document Entered on FLSD Docket Page of various non-party sources through Plaintiffs counsel who can dem8.1onstrate and certify that they have obtained the very records be ing sought or through an independent special who could be given releases by Plaint iffs to obtain such records on behalf of Defendant to elim8inate any question of auth enticity or If Defendant nevertheless insists on conducting his own thir d-party discovery eedlessly increasing the cost of litigating thes actions and causing unnecessa ry delay subpoenas seeking docum8.4ents from8.4 sources such as health care providers or em7.9ployers should not disclose the type of action iden5.3tify Defendant Because of the highly5.5--1.5publicized nature of Defendant?s crim8es as well as his designation as a sexual offender the m8.1e-0.9ntion of Defendant?s in any subpoena or depos ition notice will auto m8.3a-0.7tically expose the subject Plaintiff as one of Defendant?s victim8.2s result in unn5.4ecessary public hum8.6iliation Sim8.6ilarly records depos5it ions do not require the disclosure of the nature of the action and/or the iden tity of the defendant in the action Defendant?s only purpose in opposing Plai ntiffs motions is harassm8.1ent Defendant?s intentions are clear He seek to destroy these young wom7.9e-6n by outing them7.9 as being am8.4ong his victim8.4s a pattern of behavior consistent with his status as a designated sex offender Defendant openly adm its to his desire to reveal the victim8.1s nam8e-1s in newspapers so that individuals in their comm8.1unity can for-6.5w2.7ard to assault their cred5.6ibility and ta4.4rnish their repu5.6tati ons as a resu5.8lt their See Defendant?s4.8 Response Opposition to Motion5.6 Proceed Anonym8.4ously DE at the Plaintif3.9f3.9 is identif3.9ied ind5.9i viduals forward in the discovery phase with information which often directly cont rad5.6i-1.6cts allegations4.8 as to th5.6e ev5.6ents and 6Plain-4.4tiffs certain wil7l1 6At th-4.4is Plain-4.4tiffs wai7v-4.4e th-4.4ei7r to releas6.2e of eac7h 6of nam11.7e1s unde7r the7 doctor-pa7tient Case Document Entered on FLSD Docket Page of dam8.6a-0.4ges For instance witnesses tes5tif3.8y that Plaintiff was paid by others for sim8ilar sexual acts she claim8s-0.6 Epstein forced upon her or that she willi ngly participated in certain acts that would negate or lessen he dam7.5a-1.5ges Each of Defe)-6.5ndant?s victim7.5s whom8.5 undersigned coun5.7sel rep5.7r-1.3es4.9ents continu5.7e-0.5s to experience and hum8.5iliation associated w7.9ith sexu5.7al ab5.7use See Ellen Bass Davis The Courage to Heal A Guide for Women Survivors of Child Sexual Abuse 4th ed The long-term7.7 effects of child sexual abuse can be so perv asive that it?s hard to pinpoint exactly how the abuse affected you It can perm8ea-6te everything your sense of self intim8.3ate relationships sexuality pare nting working even your sanity The U.S Suprem8.9e Court in Coker Georgia U.S discussed the grave nature of4 the4.8 crim8.8es at is5.2sue in the cases against Defendant stating Rape is highly reprehensible both in a sense and in its alm8.7o0.9st total contem8.5pt for the personal in tegrity and autonomy of the fe-6.1male victim7.9 Short of hom8.7i-1.3cide it is the ultim ate violation of self Def3.9e-0.3ndant comm8.7itted cr3.9im8.7es constituting th5.9e ultim8.7ate viola4.8t3.7ion self3.9 agains5.1t minors Because of the disdainful natu5.2re of these ypes crim8.5es courts in5.7clud5.7ing the Eleventh Circuit have carved out a lim8.4ited num8.4b0.6er of exceptions to the general requirem8.1e-0.9nt of disclosu5.9re which perm8.7it plainti ffs to proceed an5.3onym8.1ously Roe Aware Woman Ctr for Choice Inc F.3d 11th Cir citation om8.2itted5.4 The Although Plaintiffs5.6 no live the Palm11.4 Beach area 6not 6unde6.7rm11.4ine Plaintiffs5.9 n-4.9eed anon-4.9ymit-5.5y in Doe citatio-4.3n-4.3 6?It is now 6a is a a lawsuit in fe6.5de6.5ral court in c6.5o-3.2untry 6by th simplest of earc5.9h-3.8es to access the5.9 sheet 6of such case5.9 electronically and that entir case files will 6be a6.2ccessibl 6the Internet ease access court ile6.5s in cases5.7 it is reas5.7onabl8.2e0.5 that Plaintiffs5.7 fears5.8 exte6.6nd be6.6yond 6ostracism in th Palm11.3 Beach Palm11.3 Beach Post is a6.2v2.5ailable online a6.2ll of 6Plain-4.3tiffs Palm10.1 area una8.3wa8.3re 6of hter/8n-3.4iece?s involvem11ent in De6.8fenda6.8n3.1t?s 6sordid c5.7h-4ild sex exploitation enterprise Furtherm11.4ore Plai8.4ntiffs5.9 are e6.7x3posed social sites as Facebook 6MySpace as 6well as othe6.6r 6form11.3s of online 6harrassm11.3ent Case Document Entered on FLSD Docket Page of ultim8.4ate for perm8.4itting a plain5.6tif8.6f to proceed anonym8.4ousl-6.6y0.6 is whether the plaintiff has a substan5.7tia4.5l privacy righ5.7t wh ich outweighs the custom8.2ary and presum8.2ption of openness in judicial p5.4r-1.6oceed5.4ings Id internal quotation and citation om9.6itted Cases regarding sexual assault are the paradigmatic exam8.1ples of the type of highly sensitiv5.5e and p5.5e-0.7rsonal that warrant a gran5.5t of anonym8.3ity See Doe No Kolko F.R.D a dult plaintiff who m8a-1ny years later alleged that he was sexually abused by rabbi at private Jewish school when he was a child was entitled to p5.3r3.3oceed anony5.3mously ecause he feared reta liation and ostracism from8.7 his community Doe Evans F.R.D E.D Pa sexual assault victim8.3 granted use of pseudonym8.3 Doe Smith Supp 2d E.D.N.Y victim8.5 of as-5.1sault m8.5o0.7lest ation and sexual abuse g5.8r-1.2anted anon5.8ym8.6ity becau5.8se victim8.6 otherwise psychologically and em8.1otiona lly unable to proc eed5.5 with action Roe Supp E.D It is beyond argum7.8e-6.2n0t that a suit involving charges abus5.1e a child3.9 a highly thus were entitled to f3.7i-1.5ctitious na in prosecuting the suit s5.2ee Doe Blue Cross Blue Shield United of Wis F.3d 7th Cir Fictitious are allowed when necessary to protect the priv acy of children rape victim8.1s and other particularly vulnerable parties or witnesses The intensely personal nature of sexual exploitation creates an unusua case and in such a case the general policy of full disclosure should give way to a policy of pr otecting privacy in a very private This protection is especially necessary when the Court is deali ng with young who recen5.4tly were sexually abused as Case Document Entered on FLSD Docket Page of Defendant is using the threat of public ity to attempt to in6tim8.8idate victim8.8s to cause not to f4ile4.8 suit or to se4.8ttle th f4o1r the absolute in order for them8.5 to avoid being held up to public ridicule and hostilit His in5.7te4.5ntion to atta4.5ck the victim8s is at the heart of the protection affo rded by num8.2e-0.8rous rape shield statutes of which Defendant and his counsel are sure ly aware In Congress am7.8ended the Federal Rules of Evidence to prom8.1ote the st rong social policy of protecting a victim8.3?s privacy and encouraging victim8.1s of to come forward The reason extending Rule to civil cases is equally obvious The need to protect alleged victim8.1s against invasions of privacy potential em8.2barrassm8.2en and unwarranted sexual stereotyping and the wish to encourage to forwar when they have been sexually m8.1o0.3lested do not disappear because the context has shifte from8.3 a prosecution to a claim for or injun5.3c-0.9tiv5.3e relief Fed Evid advisory comm8.3ittee?s note Rule now provides that in civil trials in fede ral court involving a lleged sexual m8.2i-1.8sconduct evidence that the engaged in se xual behavior or evidence offered to prove any alleged victim5.9s-0.1 sexual pred5.7ispo5.7sition can be adm8.3itted only in unusual circum8.3stances none of which apply to Plaintiffs cases Fed Evid a The rule to safeguard the alleged victim8.3 against the inva sion of privacy potential em8.1barrassm8.1e-0.9nt and sexual stereotyping that is asso ciated with public disclosure of intim8.3ate sexual details and the infusion of sexual innuendo into the factfinding process By affording victim8s protection in instances the rule also encourages vi ctim8.5s of sexual m8.5i-6.5sconduct to institute and5.5 to participate in proceedings against alle ged offenders Fed Evid advisory comm8.1ittee?s note see also Michig5.5an Lucas U.S Rape shield5.8 statu5.8t-1.4es represent the valid legislative determ8.2ination that victim8.2s of rape and Case Document Entered on FLSD Docket Page of attem8p0.2ted rape deserve heightened prot ection against surprise harassm7.9e-6.1nt and unnecessary invasions privacy United States Elbert F.3d 8th Cir evidence that chil plaintiffs had previously engaged in prostitution was rightfully excluded in federa sex trafficking suit Stephens Miller F.3d 7th Cir Cumm7.8i-7.2ngs C.J dissenting Indiana rape shield statute furthers laudable and pragm8a-1tic goals It protects vict im8.7s from8.7 needless exposure of their sexual past conduct and ensures that the of rape trials rem8.4a-0.6ins th guilt or innocence of the accu5.8sed rather than the sexual h5.9i3.7story of the com8.7p0.9lainant United Kasto F.2d 8th Cir Unch astity of a victim7.7 has no relevance whatsoever to the victim?s credibility as a witness Such a proposition would necess4.7a-0.7rily im8.3ply the absurd co5.5r-1.5ollary that th5.6e extram8.4arital history of a witness be adm8.5i-1.5ssible to im8.5peach he cred5.6ibility in any5.6 case in which she testif3.9ied.??4.7 interna4.7l cita4.7tion om8.7itted5.9 Proce dur3.6al such as rape shield statutes reduce the em8.4barrassm8.4ent and anguish of trial encouraging victim8.1s to report sexual offenses and offendors W9.2ithout the protection provided by ra pe shield statutes victim8.5s find trial an or deal not worth enduring Stephens F.3d at Cumm7.9i-2.1ngs C.J dissenting quoting ong Rec statem7.9e-1.1nt of Rep Elizabeth Holtzm8a-1n Fed Evid adv5.2i-2sory comm8ittee?s note Too often in this coun6try victim8.8s of4 rape are hum8.8iliated a nd ha4.4rassed when5.6 they repo5.6rt and prosecu5.6te the Rape trials4.8 inquisitions into the victim8.5?s m8.5o0.7rality trials of the innocence or guilt Indeed m)8.7any the tr3.9ial alm8.7o0.9st as degrading the itself Fed Evid ad5.6visory com8.4m8.4ittee?s note Case Document Entered on FLSD Docket Page of In addition Congress enacted the Child Victim8.2s and Child Witnesses Rights Act U.S.C in an effort to provide protection for victim8.2s who while were victim8.3s of physical abuse sexual abuse or sexual expl oitation or who have witnessed a crim8.3e committed upon another One of the primary pr otections provided by the statute the res4.7t-1.7riction on the disclosu re of the of or other inform8.2ation concerning the victim8.3 See U.S.C Further pursuant to U.S.C all papers to be f4.1iled in c4.9ourt th6.1at disclose the of or any other information concerning a child shall be filed under seal without necessity of obtaining a court order Indeed numerous states including Florida and York have enacted laws to pro6.2t4ect th6.2e anon6.2ym9ity of sexual assault victim8.2s See Fla Stat N.Y Civ Rights Law cKinney In the Florida Legislature passed The Crim8.6e Victim8.6s 7.5Protectio Act The legislative stated purpose for passage of the Act was to protect the ident ity of victim8.1s of sexual crim8.1es Fla AGO Dec The Le gislature intended to the identity of a victim8.3 of a sexual crim8.6e confidential in a court record or proceeding Under Florida Section of the Florida Statutes court records that identify the and/or address of a victim8.2 of a sexua crim8.3e are to be confidential and exem8.3pt from public access Id That statute further im8.1poses crim8.1inal and civil liability for the disclosure or comm unication of infor-7m7.8a-6.2tion identifying the victim of a sexual crim7.8e Fla AGO WL citing Fla Stat Sim8.1ilarly upon approving New York?s rape shield law then Governor Mario Cuom8.1o stated Sexual assault victim8.1s have unfortunately had to endure a terrible Case Document Entered on FLSD Docket Page of invasion of their physical privacy have a right to expect that th is violation will not be com8pounded by a further invasion of thei privacy N.Y Sess Laws page nos quoted in Kolko F.R.D at in5.5t-1.7ernal citatio5.5ns om8.3itted Finally Def7.9e-1.3ndant should be estopped fr outing his victim8.5s Plaintiffs attem8.9p1.1ted utilize the p6.1r-0.9ocess by the Non-Prosecution Agreem8ent NPA with the reas4.8onable expectation that a sp ecific pu5.2rpose of the NPA was to allow Defendant?s victim8.5s to m8.5a-0.5intain anonym8.5it only to be subjected to deliberate and unreasonable delays and Defendant?s failure to engage in m7.8eaningful good faith settlem8.2e-0.8nt discussions This left Plainti ffs no choice but to file suit Under these circum8.1stances Defendant should be est opped from8.1 seeking to lift anonym8.1ity Many of Defendant?s victim8.2s are awai ting this Court?s decision regarding whether th5.4ey will be allowed to pro5.4ceed anony5.4mously before the difficult decis4.7i-1.7on as to whether pursue their clai against Defendant All of Defendant?s victim8.4s and any future victim8.4s of sexual xploitation know th at they can protect what rem8.1a-0.9ins of their personal dignity when a ppealing to the Federal WHEREFORE Plaintiffs respectfully m7.9ove this Court to gra5n1.2t Motion6.2 to Proceed Anonym8.3ous-5.3ly and to Defendant?s Mo5.5tio5.5n to Identify5.5 Jane Doe and Jane Doe in T5.8h0ird-Party Subpoenas for Purposes of Discovery Date May Respectf3.9u0.9lly5.9 2750subm8.7itted P.A Attorneys for Plaintiffs Jane Doe No and Jane Doe No Case Document Entered on FLSD Docket Page of Fla rjosefsberg podhurst.com Katherin6.1e 2750Ezell Fla kezell podhurst.com 2750City Nation5.3a-0.9l Bank Building 2750Flagler 2750Street 2750Suite Miam8.5i Telephone Facsim8.3ile Case Document Entered on FLSD Docket Page of CERTIFICATE OF WE HEREBY CERTI-7F1.2Y that on this day of May we electronically filed the foregoing docum7.6ent with the Clerk of the Court using CM/ECF also certify that the foregoing docum8.2ent is being served this day on all counsel of record identified on the attach5.6ed Service either via transm8.4i ssion of Notices of Elect ronic F6.5iling generated by CM/ECF or in other authorized for those counsel or parties who are not authorized to receive electroni cally Notices of Electronic F6.4i-2ling Respectf3.9u0.9lly5.9 2750subm8.7itted Attorneys for Plaintiffs Jane Doe No and Jane Doe No Fla rjosefsberg podhurst.com Katherin6.1e 2750Ezell Fla kezell podhurst.com 2750City Nation5.3a-0.9l Bank Building 2750Flagler 2750Street 2750Suite Miam8.5i Telephone Facsim8.3ile Case Document Entered on FLSD Docket Page of SERVI-7.4CE 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 Critton Luttier Colem8.2a-0.8n LLP North Flagler Drive Suite West Palm8.2 Beach FL Phone Fax rcrit bclcla4.5w.com mpike bclc4.3law.com Counsel for Defendant Jeffrey Epstein Jack Goldberger Esq Atterbury G7.6o0.4ldberger Weiss P.A Australian Avenue South Suite West Palm8.2 Beach FL Phone Fax jagesq bellsouth.net Co-Counsel for Defendant Jeffrey E6.3p0.5stein Bruce Reinhart Esq Bruce Reinhart P.A South Australian Avenue Suite West Palm8.2 Beach FL Phone Fax ecf brucereinhartlaw.com Counsel for Co-Defendant Sarah Kellen Jack Scaro5.2l-2a Esq Jack Hill,5.5 Esq Searcy Den5.5n0.5ey Scarola Barnhart Shipley P.A Palm8.3 Beach Lakes Boulevard5.5 West Palm8.3 Beach Florida Phone Fax jsx searcylaw.com jph searcylaw.com Counsel for Plaintiff Case Document Entered on FLSD Docket Page of Horowitz Esq Stuart Merm8.1elstein Esq Merm8.5elstein5.7 Horowitz4.5 P.A Biscayne Blvd Suite Miam8.5i FL Phone Fax ahorowitz 6.3s-0.4exabuseattorney.com sm8.8erm8.8e-0.2lstein sexabuse4.8a-0.2tto6rney.co6m Counsel for Plaintiffs in Relate Case Nos Spencer Todd Kuvin Esq Theodore Jon Leopold Esq Leopold Kuvin P.A PGA Boulevard Suite Palm8.2 Beach Gardens FL Phone Fax skuvin leopoldkuvin.com tleopold leopoldkuvin.com Counsel for Plaintiff in Related No Richard W9.6illits Richard W9.3illits P.A th Ave North Suite Lake FL Phone Fax lawyerwillits aol.com reelrhw hotm8.3a-0.7il.com Counsel for Plaintiff in Related No Brad Edwards Esq Law Office of Brad Edwards Asso5.2ciates LLC Harrison Street Suite Hollywood FL Phone Fax bedwards rra-law.com be bradedwardslaw.com Counsel for Plaintiff in Related No Isidro Manuel Garcia Case Document Entered on FLSD Docket Page of Datura Avenue Suite West Palm8.2 Beach FL Phone Fax isidrog6.2a0rc5ia5 bellsou6.2th.6.2n1.2et Counsel for Plaintiff in Related No Case Document Entered on FLSD Docket Page of
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