UNITED S-5TATES DISTRICT C-4O-4URT SOUT-5HER-4N1 DISTRIC-4T OF FL-5OR-4IDA JANE DOE NO 2747CASE NO Pl-3ai-3nti-3ff vs JEFFREY E-5PSTEIN Defendant JANE DOE NO 2747CASE NO Pl-3ai-3nti-3ff vs JEFFREY E-5PSTEIN Defendant JANE DOE NO 2747CASE NO Pl-3ai-3nti-3ff vs JEFFREY E-5PSTEIN Defendant JANE DOE NO 2747CASE NO Pl-3ai-3nti-3ff vs JEFFREY E-5PSTEIN Defendant Case Document Entered on FLSD Docket Page of JANE DOE NO 2747CASE NO Pl-3ai-3nti-3ff vs JEFFREY E-5PSTEIN Defendant JANE DOE NO 2747CASE NO CV-80993-MARRA/JOHNSON Pl-3ai-3nti-3ff vs JEFFREY E-5PSTEIN Defendant C.M.A CASE 2750-MARRA/JOHNSON Pl-3ai-3nti-3ff vs JEFFREY E-5PSTEIN Defendant JANE CASE 2750CV-80893-MARRA/JOHNSON Pl-3ai-3nti-3ff vs JEFFREY EPSTEIN et al Defendant DOE CASE 275080469-MARRA/JOHNSON Pl-3ai-3nti-3ff vs Case Document Entered on FLSD Docket Page of JEFFREY E-4PSTEIN et al Defendant JANE DOE NO 2747CASE NO CV-80591-MARRA/JOHNSON Pl-3ai-3nti-3ff vs JEFFREY E-5PSTEIN Defendant JANE DOE NO 2747CASE NO CV-80656-MARRA/JOHNSON Pl-3ai-3nti-3ff vs JEFFREY E-5PSTEIN Defendant PLAINTIFFS JANE DOES 2S RESP ONS-4E2 TO DEF-4E2NDANT MOTION TO COMPEL AND/OR I-6D2ENTIFY PLAINTIF-5FS IN THE-4 STYL-4E OF THIS CASE AND MOTION TO IDENTIFY JANE DOE IN T-3H-3IRD-PARTY SUBPO-8E2NAS FOR PURPOSE-4S1 OF DISCOVERY AL-4TERNATI-6V2EL-4Y MOTION TO DIS-4M-2ISS 223SUA SPO-8N1TE WIT-4H-3 INCORP ORATE-4D2 MEMORANDUM OF LAW 2493Plaintiffs JANE DOES hereby serve their Response to Defendant 2s Motion to Com8pel and/or Identify Plaintiffs in the Style o6f4 this Case and Motion to Identif4y1 Jane Doe in Third-Party Subpoenas for Purposes of Discover or Alternatively Motion to Dism8iss Sponte W9i-7th Incorporated Mem8o1randum8 of La-6w and state as follows The lawsuits filed by JANE DOES invol ve private intim8a-1te facts pertaining to their own childhood sexual abuse and xploitation by Defendant Jeffrey Epstein Case Document Entered on FLSD Docket Page of Jane Does filed their suits under a pseudonym to prevent public disclosure of the private highly sensitive and intim8ate facts pertaining to thei sexual assaults and the public-6 associa5tion of4 their id6en6tities with Defendant Epstein and these assaults Dr Gilbert Klim9an a well-known forensic psychiatrist with an expertise in the field of child traum8a-1 has m8e-1t with and evaluate each of Ja4ne Does and opined5 that pub5lic disclosu6re o6f4 their rea5l-1 nam9es woul-8d create a substantial risk to them8 of further psychological8 harm9 See Exhibit Declaration of4 Gilbert Klim9an M.D Dr Klim8an opines as follows Releasing n6am9es of the plaintiffs to the public will reenact experiences of powerlessness and helplessness in th6e face of a boundary violation Repetition an5d5 reenactm9ent represent centra features of Criterion in the DSM-IV-TR diagnosis of posttraum8a-1tic stress disorder traum8a-1 In5 effect release of their id6entity and6 public intrus5ion into6 the5i4r person6al lif4e represen6ts a reenactm9ent of the sham9e of sexual traum8a-1tization Repetition and reen actm8ent are central pathologies that af4f4lict sexua5l tr4aum9a survivors Victim8s of sexual abuse often rely upon so form8 of dissociation splitting or denial as a defensive means to m9anage overwhelm8ing affects associated6 with the sexual traum8a-1 Each of the plaintiff girl has em8ployed som8e-1 variation of this defense both during the m8a-1ssages and then subsequently following disclosure of the abuse.6 Prim9itive,6 m9aladaptive respons5es of this5 nature will becom9e additionally reinforced as a result of public disclosure Another asp5ect of th5e plaintiffs exp5e-1rien5ce which is5 recogn5ized by5 DSM-IV-TR,5 is th6at the traum9a was associated6 ith hum7an design factors such as cruel intention to do har-7m8 r-7a-1pe torture Trau of this origin has a tendency to produce m8o-4re 223severe or long lasting posttr aum8a-1tic stress diso2rder than natural events DSM IV TR A policy of de liberate revelation of the names of the victim8s would reinforce the sense of design pattern and policy of8 hum8a-6n-5 inten6tions It is m8y1 opinion with a reasonably hi gh degree of m8e-1dical certainty that the defense m8ot-7i-2on to allow8 public disclosure of th6e plain6tif4f4s1 identity is clin6ically6 Defendant and his counsel are aware of the real nam8e-1s of Jane Does A copy of the curriculum vitae of Dr Gilbert Klim8an is attached hereto as Exhibit Case Document Entered on FLSD Docket Page of and ethically a wrongful plan The act of revealing their identity against their wi-3shes pl-3aces pl-3ai-3nti-3ffs at risk in the best of ci rcum8stances of suffering an aggravation of existing dia gnostic concerns It is m8ore probable than not that rele4asing p6e4rsonal iden6tities will f4o6st er an ex5acerbation and m8a-1gnific-6a-1tion of sym8ptom8s le-6nding to increased risk of revictim9ization and re5tra5u-4m9atization.6 See Exhibit Given the4 p6r-1iva4t-2e na4ture4 of4 the alleg6a-1tions5 in6 this lawsuit an6d the4 ser4i-2ou6s risk of4 harm9 to the m9ental health of Jane Does if5 a p7ublic d7isc6los6u2re of4 the5i-1r identities5 were requ6ir4ed Jane Does should be perm8itted to6 continue u6sing a pseudo6nym8 in this lawsuit Notably in one of the cases consol idated for purposes of discovery Ja6ne Doe Jeffrey Epstein Case No this Court recognized th harm9 likely to result from9 public disclosu6re o6f4 the victim9s id6ent ities4 in these cases and5 allowed the P7l-1ain6tif4f4 in that c5ase to6 223proceed in this action u6nder th pseudonym8 221Jane Doe b5y Order dated October Jeffrey Epstein sets forth no facts to suppor his bare contention that Jane Does use of a pseudonym8 i-7n these proceedings interfer es with his onstitutional due process right See Motion to Com8p1el Defendant and his couns el know the identities of these Plaintiffs Defendant also requests the ourt 2s perm8ission to use the real nam9es of Jane Does in various third-party subpoenas for discovery purposes Defendant doe not identify any of the entities or persons to whom8 he intends to send subpoenas An or der granting the relief requested without lim9itations ould essentially nullify Jane Does 2s right to proceed anonym8ousl-7y Jane Does therefore object to the issuance of third-party subpoenas and subm9it that Def4endant can obtain th6e discovery he seeks by alte5rnative m9eans that will pres5erv6e the conf4iden6tia5lity of4 the5 Jane Does 2s id6entitie5s If this Court were to perm9it t-6h1ird party subpoenas or records custodian depositions using the existing captions and id entifying Jane Does in the body of the Case Document Entered on FLSD Docket Page of subpoena by their nam9 es due to publicity surroun30 ding the Defendant 2s crim8 es then Jane Does would effectively be revealed as abuse victim8 in these cas5 es agains5 Defendant Epstein Any subpoenas or notices to third parties therefore should not disclose the type of action or the Defendant 2s identity There are alternatives which would preserve Jane Does 2s anonym8 it-7 and be m8 o1 re efficient and cost-effective at the sam8 ti-7 m8 For instance Defendant can obtain records from various non-party so urces through Plaintiffs couns el who can certify that they have obtained the records through authorizations signed by Jane Does Another m8 eans to obtain non-party records oncerning Plaintiffs is the appointm ent of a special m8 ster who would verify authenticity and com8 pleteness of the records Finally Jeffrey Epstein 2s reque st that this Court order a 223sua sponte dism issal is illog6 ca5 Sua sponte m8 eans hout prom8 pting or sugg estion on its own m8 otion Black6 Law Dictionary 7th Thus the definitio)5 of sua ponte does not fit these circum8 stances becau6 se the Court is5 being p6 ompted by Eps5 ein6 Mo6 tio6 Velchez Carnival Corp F.3d 11th Cir In any event there is no basis or authority to support a dism9 issal of these cases WHEREFORE Plaintiffs Jane Does resp ctf4 ully requ6 est that this5 Court deny Defendant 2s Motion to Com8 el and/or Identify Plaintiffs in th Sty6 of4 this Cas5 an6 Motion6 to6 Identify Jane Doe in Third-Party Subpoenas for P7 urposes of Discovery or Alte5 rnatively Mo6 tio6 to Dism8 iss 223Sua Sponte in its entirety5 ii Pl aintiffs Jane Does be perm8 itted to continue-6 using their pseudonym8 in this itigation i this Court orde that records from non-parties relating to Jane Does including m8 dical an em8 ploym8 nt records only be obtained through Plaintiffs counsel by means of si gned authorizations that do not include the caption or identify Epstein as the party seeking reco5 rds or altern atively appoint a special m8 ster to obtain the Case Document Entered on FLSD Docket Page of records,5 who would verify authenticity and5 comple ten6e-1ss of the records5;-2 a nd iv all other relief)8 this Court deem8s just and appropriate MEMORANDUM OF LAW I 2110PLAINTIFFS JANE DOES SHOULD BE PERMITTED PROCEED ANO-8NYMOUSL-4Y IN THIS CASE DUE TO THE 2750SENSITI-6V-3E PRIVAT-4E NATURE OF THE UNDERLYING FACTS THE RISK OF PSYCHOLOGICAL HARM TO THE PLAI-6NTI-6FFS 2705Federal courts perm9it a party to proceed under a pseudonym when special circum8stances warrant anonym9ity See e.g Roe Aware Woman Ctr for Choice Inc F.3d 11th Does I thru XX6I Advanced Textile Corp F.3d 9th Cir.20 James Jacobson F.3d 4th EW New York Blood Center F.R.D Javier Garcia-Bo5t-2ello F.R.D Doe Smith F.Supp.2d Doe United Life Ins Co5 F.R.D Sexual assault victim9s are a paradigm9atic exam8ple of t-7hose entitled to a grant of anonym9ity See Doe No Kolko F.R.D E.D N.Y Doe Blue Cross Blue Shield United of Wisc F.3d 7th 223fictitiou6s n6am9es are allowed when necessa5ry to6 protec5t the privacy of rape vic5tim9s and other particularly vulnerable pa rties or witnesses see also Doe City of Chicago F.3d 7th Cir decisio5n whether to allow a plaintiff to proceed anon6ym9ously is within the court6s discretion S6ee Aware Woman Ctr F.3d at Javier F.R.D at EW F.R.D at As set forth above this Cour exercised its direction in one o6f4 the consolidated cases5,1 Jane Doe Jeffrey Epstein Case No to allow a pl aintif8f to proceed under the pseudonym8 223Jane Doe in an Order dated October Case Document Entered on FLSD Docket Page of 2351Courts will perm9it a party to pro6ceed unde a pseudonym8 where 223the party6s need6 for-6 anonym8ity outweighs prejudice to the opposing part and the public5s-1 interest in knowing the party6s identity Does I Thru XXI F.3d at see Javier F.R.D at EW F.R.D at As set forth here5in the balanc5in6g test in this case weig6hs in f4avor of4 perm9itted plain5tiff to continue to proceed anony5mously In undertaking this balance courts have considered such facts as whether the plaintiff is su ing the governm8e-1nt or a private person whether the plaintiff would be compelled to disclose intim9ate inf4o1rm9ation whether plaintiff woul-7d be com8pelled to his or her intention in engage in illegal conduct thereby risking crim9inal pro6secution whether th plaintiff would risk injury if identified whether the party defending against a suit brought under a pseudonym8 would thereby be prejudiced the ages of the parties whose identity is to be suppressed the extent to which the4 identity of4 the litig6ant has been6 ke5pt conf4iden6tial whether because of the purely lega natur4e-1 of4 th6e issue4s pr4es5ented6 or otherwise there is an atypically weak public interest in knowing the litig6ants5 identities a5nd th)8e p6ublic in6te5res5t-1 in guar4anteeing6 open access to proceed5ings without denying litigants access to the justice system Doe Del Rio F.R.D S.D N.Y public has a strong intere st in protec5ting the identities5 of4 sexual assault v6i-1ctim9s so that o6t-1he5r victim9s will n6o1t be d6ete5rre5d f4r-1om9 reporting su6ch c5r-1im9es See Doe Evans F.R.D granting an6onym9ity to sexual ass5au6lt vic5tim9 Doe No Kolko F.R.D E.D N.Y That is particularly true in these consolid ated cases where the9r3e are num8erous victim8s wi-7th sim8ilar claim8s Although these cases have gained considerable m8e-1dia attention there appears to be littl public interest in knowing the sp ecific identity of each of the victim9s regard to the second factor courts have granted anonym8ity to pr otect against disclosure of a wide range of issues involvi ng m9atters of t-6h1e utm9o1st intim9acy including sexual Case Document Entered on FLSD Docket Page of assault See e.g Aware Woman Ctr F.3d at abortion EW F.R.D at infection with hepatitis Doe Evans F.R.D sexual assault victim Smi-8 F.Supp.2d at sexual assau6 lt vic5 tim9 WGA Priority Pharmacy Inc F.R.D s5 tatus as AIDS patien6 Doe United5 Servs Life Ins Co F.R.D sexual orientation see also Blue Cross F.3d at recogn izing6 rape victim9 as entitled to anonym ity It cannot be reasonably denied that a person 2s sexual history especia lly during their childhood is an intim8 ate fact W9 h1 en the childhood sexual history includes crim inal sexual contact by an adult the facts are even m8 ore-6 intim9 ate and personal In the electro6 nic age in which we live these concerns are heightened As federal courts have recognized in this context it is now pos-5 sible to 223determ8 ne whether a given individual is a party to a lawsuit in federal co urt anywhere in the country by the sim8 p1 lest of com8 puter searches to access the docket sheet of a ny such case electronically and that entire case file5 will b6 acce5 ss5 ible ove5 th6 Inte5 rnet.6 Doe City of New York F.R.D denying anonym8 ity where any injury wa purely reputational and case did not involve private or intim te m8 tter s5 ee EW F.R.D at As Dr Kli-7 m3 an explains in his Declaration di4 sclosure of Jane Does 2s identities wil8 l3 place these Plaintiffs 223at-risk of having their personal lives scrutin ized by friends extended6 fa-6 m8 ily spouses children fellow students em ployers and fellow empl oyees the m7 dia and general public This typ5 e4 of exposure hum8 iliates4 m8 a ny victims and repres4 ents ano5 her betrayal of trust Public exposure places th5 plaintiff 2s at further risk of stigm9 atization6 sham9 and retraum8 tization See E6 xhibit at Dr K7 lim8 an also finds it of no consequence that som8 of4 the plaintif4 f4 are now legally adu6 l4 ts in that d4 ue to traum9 atization the plaintif4 f4 are arre5 sted in their developm9 ent and even those who are now legally ad6 ult are a5 rres5 t4 ed in part to6 adolescen6 Case Document Entered on FLSD Docket Page of aspects of psychology Id at policy of protecting victim8s of sexual m8i-2sconduct from8 undue e-6m3barrassm8ent and disclosure of their private affa irs is firm9ly established in Fe d.R.Evid The protections of Rule are designed6 to 223encourag6e victim8s of se xual m9i-1sconduct to in6stitu6te and p6articipate in6 legal proceedings against alleged offenders Committee Notes to Am8endment Likewise many states in this country including Florida and New York have sim8ilarly enacted laws to6 pro6t-1ect the5 ano6n1ym9ity of4 s5exual assau6l4t victim9s Fla Stat N.Y Civil Rights Law McKinney In the Florida Legislature passed The Crim9e Victim9s Protections Act The legisl ative stated purpose for the Act was protect the identity of victim8s of sexual crim8es Fla AGO WL Dec Under Florida Statutes court records that identify the nam8e-6 and/or address of a victim9 of a sexual crime are presu6m9ed to be confidential and exem9pt-6 from9 public access Id7 Sim8ilarly upon approving New York rape shield law then Governor Mario Cuom8o stated 223sexual assault victim8s have unfortunately had to endure a terrible in vasion of their physical-7 privacy They have a right to expect that th is violation will not be compounded by a further invasion of their privacy McKinneys Sessions Laws of N.Y at quoted in Deborah Diorio Misc.2d N.Y.S.2d N.Y.City see also6 Coker Georgia U.S S.Ct L.E6d.2d 223Short of hom8icide 4r-1ape4 is the ultim9ate vio6l4ation of4 self9 As to the f4o-4urth f4actor o6f4 risk injury,6 Dr Kli-7m8an has evaluated Jane Does and has-5 concluded that the childhood sexual abuse at issue has caused features of post-traum8a-1tic stress disorde4r-1 PTSD including sham)8e guilt he4lple4ss5ness and powerlessne4ss.6 See Exhibit at Dr Klim8an further states is m8ore proba ble than n6o1t tha5t-1 r4elea5sing per4son6al id6entitie5s Case Document Entered on FLSD Docket Page of will foster an exacerba4tion and magnification6 of sym9p1tom9s-5 lending to increas5ed risk of revictim8ization and retraum8a-1tization Id at Thus this is not a case analogous to those cited by defendant in which the pl a5i-1ntiffs were5 m9erely at risk of 223pe5r4sonal em9barrassm9ent Instead there is a genu in6e and imm9e-5diate risk of psychological harm8 2495None of the cases cited by Defendant wher courts denied a plaintiff 2s request for anonym8ity involved victim8s of childhood sexual assault or evidence of emotional or psychological harm8 that woul resu6lt f4r-1om9 disclo6sure of4 the plain6tif4f4 6s identity See Doe Hartz F.Supp.2d N.D.Iowa Doe Shakur F.R.D Doe Bell A7tlan6tic5 Bus Sys.6 S6ervs F.R.D Doe Univ of Rhode Island Fed.R.Serv.3d W9L1 D.R.I Dec to the fa-6ctor of prejudice the Defendant does not identif9y how his a-6b1ility to conduct discovery or i-7m8peach Jane Does 2s credib6ility ha5s been or will be impaired if the4se Plaintiffs are perm9itted to proceed6 under a pseudonym9.1 Se-6e EW F.R.D at Smith F.Supp.2d at Other than th6e need to m9ake redactions and take m8easures not to disclose these Plaintiffs6 identities Def9e-1ndant will not be hampered or inc onvenienced m8e-1rely by 8Plaintiffs-6 anonym8ity in court papers As set forth above 12Defendant already knows th eir true identities Se-6e Aware Woman Center F.3d at no p6r-1eju6d1ice where p6l-2ain6tiff offered to disclose her nam8e-1 to defendant EW F.R.D at Smith F.Supp.2d at II 1720DEFE-3NDANT SHOULD NO BE PERMITTED TO USE RE-4AL NAME-4S OF JANE DOES IN THIRD--8PART-4Y 2750SUBP-5EONAS EXCEP-5T2 FOR THOS ISSUED TO PERSONS W-5HOM 2748PLAINTIF-5FS HAVE ALREADY DI SCLOS-5E1D THEIR SEXUAL ABUSE As for the use of Jane Does 2s real nam8e in subpoenas issued to non-parties a party m8a-1y obtain discovery of any non-privileged m8a-1tter that is relevant to a cl aim8 or defense of any party Fed.R.Civ.P However a district court m9ay lim9it discovery 223for good cause Case Document Entered on FLSD Docket Page of shown by m8a-1king 223any order w8hich justice re quires to protect a pa rty or person from annoyance em8barrassm8e-1nt oppression or undue burden or expense including that the-6 discovery not be had or that it be had only by a m8e-1thod other th an that selected by the party seeking discovery Fed.R.Civ.P Jane Does have articu lated a specific and substantial harm9 from9 disclosure of their iden6tities this Court were to perm8it Defendant to issue third-party subpoe nas containing Jane Doe 2s r4eal nam9es the iden6tity6 of4 the Def4endant f4acts p6erta5i-1ning to th6e nature5 of4 the case to who6m8ever Defendant wants,6 it would be akin to requiring these Plaintiffs to us5e the5i-1r4 rea5l-1 nam8e-1 in the pleadings Instead Jane Does propose to voluntarily execute authorizations which would not contain the case nam8e-1s or the id entity of the Defendant to allow Defendant to obtain education em8ploym8e-1nt and m8e-1dical records to be used fo purposes of this litigation only Alternatively Defendant can obtain the records through a special m8a-1ster who would verif4y1 authe5n1tic5ity and c5o-4m9p1leteness5 of4 the recor4d Either of these app5r-2oaches wou5l-2d not only5 place Jane Does at less risk of psychological harm9 but would also be more cost-effective and6 efficient CONCL-4US-5ION 2605Based on the foregoing Plaintiffs Jane Does3 respectfully request that Defendant 2s Motion to C8o-4m9p1el and/o6r-1 Identif4y1 Plaintif4f4s in th Style of this Case and Motion to Identify Jane Doe in Third-Party Subpoenas for Purposes of Discovery or Alternatively Motion to Dis-5m8iss 223Sua Sponte be denied in its entirety and that Pl ain6tiffs Jane Does be perm9itted6 to continue using th6eir pseudonym9s in th6is litigation Add ition5a-1lly,5 to avoid pu5blic d5i-2sclos5ure of the Plaintiff 2s identities in non-party records discovery Plaintiffs Jane Does request that such Defendant and Plaintiff have previously agreed that edu5cation record5s ca be obtained in this Case Document Entered on FLSD Docket Page of discovery be obtained either thr ough Plaintiffs counsel by means of written authorizations or by the appointm8e-1nt of a special m8a-1ster Dated June Respectf4u1lly6 subm9itted By Adam8 Horowitz 2750Stuart Merm8elstein F7L Bar No ssm8 sexabuseattorney.com Horowitz FL Bar No ahorowitz 6sexabuseattorney.com 2750MERMELSTEIN HOROW9I-2TZ P.A 2750Attorney5s fo6r Plaintif fs Jane Doe Nos Biscayne Blvd Suite 2750Miam8i Florida m8a-1nner in lieu of subpoenas Case Document Entered on FLSD Docket Page of CERTIFICATE OF S-5E1RVI-7CE hereby certify that on June I electronically file the foregoing docum9ent with the Clerk of the Court using CM/ECF I also cer tify that the foregoing docum8ent is being served this day6 to a5ll pa5rties on the att ach6ed Service L7i-1st in the m9anner sp ec4if4ied,6 eithe4r-1 via tr4ansm8ission of Notices of Electronic Filing generated by CM/E CF or in som8e-1 other authorized m8a-1nner for-6 those parties who are not authorized to receiv electronically Notices of Electronic F6i-2ling A7dam8 Hor-7owitz Case Document Entered on FLSD Docket Page of SERVI-7CE LIST DOE vs JEFFREY EPSTEIN United States District Court Southern District of Flo5r-1id7a Jack Alan Goldberger E6s-1q jgoldberger agwpa.com Robert Critton Esq rcritton bclclaw.com Bradley Jam8e-1s Edwards bedwards rra-law.com Isidro Manuel Garcia isidrog6arc5ia5 bellsou6th.6n1et Jack Patr3ick Hill jph searcylaw.com Katherine Warthen Ezell KEzell podhurst.com Michael Jam8e-1s Pike MPike bclclaw.com Paul Cassell cassellp law.utah.edu Richard Horace W9illits lawyerwillits aol.com Robert Josefsberg rjosefsberg podhurst.com Ada-6m8 Horowitz Case Document Entered on FLSD Docket Page of
