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 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CV-80119-MARRNJOHNSON I CASE NO 08-CV-80232-MARRA/JOHNSON I CASE NO 08-CV-80380-MARRA/JOHNSON I JANE DOE NO CASE NO 08-CV-80381-MARRNJOHNSON Plaintiff vs JEFFREY EPSTEIN Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurst.com Case Document Entered on FLSD Docket Page of Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant C.M.A Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE Plaintiff vs Podhurst Orseck P.A CASE NO 08-CV-80994-MARRA/JOHNSON I CASE NO 08-CV-80993-MARRA/JOHNSON I CASE NO 08-CV-80811-MARRA/JOHNSON I CASE NO 08-CV-80893-MARRA/JOHNSON West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurst.com Case Document Entered on FLSD Docket Page of JEFFREY EPSTEIN Defendant JANE DOE NO II Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant I CASE NO 08-CV-80469-MARRA/JOHNSON I CASE NO 09-CV-80591-MARRA/JOHNSON I CASE NO 09-CV-80656-MARRA/JOHNSON I Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurst.com Case Document Entered on FLSD Docket Page of PLAINTIFFS JANE DOE NO and JANE DOE NO MOTION FOR NO-CONTACT ORDER Plaintiffs Jane Doe No and Jane Doe No together the Plaintiffs hereby move this Court for a No-Contact Order directed to Defendant Jeffrey Epstein and as grounds state as follows After investigations by the Palm Beach Police Department the Palm 267Beach State Attorneys Office the Federal Bureau of Investigation and the United States Attorneys Office for the Southern District of Florida the USAO Defendant Jeffrey Epstein in June entered pleas of guilty in the Fifteenth Judicial Circuit in Pahn Beach Count Florida to various Florida state crimes involving the solicitation of minors for prostitution and the procurement of minors for the purposes of prostitution During the course of Defendants state plea conference of June Palm Beach Circuit Court Judge Deborah Dale Pucillo ordered Defendant not to have any contact direct or indirect with any victims Transcript of the Plea Conference at relevant pages attached hereto as Exhibit A Judge Dale Pucillo went on to clarify that by indirect she meant that Defendant should not send any text messages e-mails Facebook contact My Space contact telephone calls voicemails or messages through third parties to any of these victims Id Judge Dale Pucillo expressly stated that the no-contact order should apply to all of the victims Id In addition after Defendant entered into a non-prosecution agreement with the USAO Assistant United States Attorney Marie Villafana provided Defendants attorneys with a list of individuals whom the USAO had identified as victims of child sex exploitation as defined in U.S.C the USAO List The USAO was prepared to indict Defendant based upon Defendants sexual exploitation of these minor victims It was the intent of the USAO to place these identified victims in the same position as they would have been had Defendant been Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurstcom Case Document Entered on FLSD Docket Page of convicted at trial Thus upon information and belief AUSA Marie Villafana and Mr Michael Tein former counsel for Defendant along with Mr Jack Goldberger who still represents Defendant entered into a verbal agreement at the time AUSA Villafana provided the USAO List to them whereby neither Defendant Jeffrey Epstein nor his agents would have any direct or indirect contact with the victims named on the USAO List Nevertheless during a March th meeting with Defendants counsel Defendants counsel told Plaintiffs counsel that it is Defendants position that the no-contact order agreed to during the state plea conference does not apply to anyone other than those three victims who were officially part of Defendants state plea Upon Plaintiffs counsel seeking reassurance from Defendants counsel that neither Defendant nor his agents would contact victims on the USAO List Defendants counsel responded that Defendant Jeffrey Epstein would not contact any of undersigned counsels clients as long as Mr Josefsberg was representing them in connection with settlement discussions As a result on April Plaintiffs counsel sent defense counsel a letter requesting that Defendant provide written confirmation that neither he nor his agents will directly or indirectly contact any of the victims represented by Plaintiffs counsel the No Contact Letter April Letter attached hereto as Exhibit On May Plaintiffs counsel again requested this written confirmation E-mail correspondence attached hereto as Exhibit Despite Plaintiffs reasonable requests Defendants counsel first responded by stating that the Non-Prosecution Agreement does not prevent some form of contact with undersigned counsels clients Redacted May Letter from Mr Robert Critton is attached hereto as Exhibit Defendants counsel then sent a letter on May citing the Comment to Rule of the Rules of Professional Conduct that states that arties to a matter Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurstcom Case Document Entered on FLSD Docket Page of may co unicate directly with each other Redacted May Letter from Mr Critton is attached hereto as Exhibit Thus despite Mr Crittons statement that it is not Defendants intention to have direct contact with undersigned counsels clients Defendant obviously believes he can change his intentions if he so chooses Defendant Jeffrey Epstein is a designated sexual offender who sexually abused Jane Doe No and Jane Doe No when the victims were minors As a result of his abuse Plaintiffs have in the past suffered now suffer and will in the future continue to suffer physical injury pain and suffering emotional distress psychological and/or psychiatric trauma mental anguish humiliation confusion embarrassment loss of educational opportunities loss of self esteem loss of dignity and invasion of their privacy Any further direct or indirect contact with Defendant and/or his agents would cause a great deal of additional damages Moreover any desire or need on the part of Defendant to contact these victims-implied by virtue of his refusal to unambiguously confirm that he will not contact them-is disturbing and suspect at best At a minimum Defendants refusal to avoid contact works as a ploy to attempt to keep Plaintiffs in victim mode WHEREFORE Plaintiff respectfully requests this Court to enter an order prohibiting Defendant Jeffrey Epstein and any of his agents from any direct or indirect contact with Plaintiffs except through Plaintiffs attorney of record through the duration of this Courts order Memorandum In Support As previously stated during the course of Defendants state plea conference of June Palm Beach Circuit Court Judge Deborah Dale Pucillo ordered Defendant not to have any contact direct or indirect with any of Defendants victims However for what could only be dubious purposes Defendant seeks to take advantage of the fact that only three of Defendants numerous victims were officially a part of the State of Floridas criminal prosecution of Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurst.com Case Document Entered on FLSD Docket Page of Defendant and that he entered into a non-prosecution agreement with the USAO Thus despite the no-contact order being considered a standard condition of probation or community control for sex offenders such as Defendant and despite his counsel having agreed to a no-contact order with AUSA Villafana for all of Defendants victims on the USAO List Defendant is now taking the position that neither Judge Dale Pucillo no-contact order nor his agreement with the USAO via his counsel restricts him from contacting any of the victims except for the three victims directly involved in the state plea Because of the non-prosecution agreement there is no federal conviction against Defendant with respect to Plaintiffs and other victims on the USAO List who are similarly situated and thus no accompanying sentencing court to issue a no-contact order However each of the victims on the USAO List is supposed to be in the same position as if Defendant had been convicted in federal court In crimes involving victims at the time of sentencing a sentencing judge generally has wide discretion to order that the defendant have no contact with the victim or victims of the crime or crimes for which the defendant is being sentenced Where the defendant is given a sentence of probation or community control the no contact order can be made a condition of the defendants supervision The case for judicial intervention is heightened in cases such as this one where Defendant has sexually exploited numerous minors Jane Doe No and Jane Doe No like all of the other young women on the USAO List were sexually abused by Defendant any further direct contact with Defendant and/or his agents would cause a great deal of additional damages Previous contact by Defendant and his agents with other victims has had a terrible effect on the young womens ability to heal the scars of Defendants abuse Additionally Defendants contacting his victims also has the predictable effect of undermining the victims willingness to proceed with their civil actions against Defendant Defendants demonstrated use of his wealth power and influence has the immediate effect of intimidating young women who have already been traumatized by Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurst.com Case Document Entered on FLSD Docket Page of his sexual exploitation Indeed any desire or need on the part of Defendant to contact his victims implied by virtue of his refusal to confirm bat he will not contact tbem directly or indirectly is disturbing and suspect at best Plaintiffs thus ask this Court to provide the protection and peace of mind bat each of them needs WHEREFORE Plaintiffs respectfully move this Court to enter an order granting Plaintiffs Motion for No-Contact Order prohibiting Defendant Jeffrey Epstein from any contact or communication with Plaintiffs Jane Doe No and Jane Doe No either directly or indirectly except through Plaintiffs attorney of record for tbe duration of the order CERTIFICATE OF COMPLIANCE WITH LOCAL RULE On May undersigned counsel conferred witb counsel for Defendant in a good faitb effort to resolve tbe issues raised in this motion and Defendants counsel advised that Defendant opposes this motion Date May s/Robert Jose:f;sbe:rg 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 al,podhurst.com Attorneys for Plaintiffs Jane Doe No I OJ and Jane Doe No Certificate of Service I hereby certify bat on May I electronically filed the foregoing document witb tbe 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 Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurst.com Case Document Entered on FLSD Docket Page of authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing Podhurst Orseck P.A Isl 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 al,podhurst.com kezell m,podhurst.com Attorneys for Plaintiffs Jane Doe No I OJ and Jane Doe No I West Flagler Str et Suite Miami FL Miami Fax Fort Lauderdale w.podhurstcom 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 iagesg 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 iil,brucereinhartlaw.com Counsel for Co-Defendant Sarah Kellen Jack Scarola Esq Jack Hill Esq Searcy Denney Scarola Barnhart Shipley P.A Pahn Beach Lakes Boulevard West Palm Beach Florida Phone Fax jsx il searcylaw.com iph searcylaw.com Counsel for Plaintiff C.MA Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurst.com 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 a sexabuseattorney.com Counsel for Plaintiffs in Related Cases Nos Spencer Todd Kuvin Esq Theodore Jon Leopold Esq Leopold Kuvin P.A PGA Boulevard Suite Pahn Beach Gardens FL Phone Fax skuvin leopoldlruvin.com tleopold leopoldlruvin.com Counsel for Plaintiff in Related Case No Richard Willits Esq Richard Willits P.A th Ave North Suite Lake Worth FL Phone Fax lawyerwillits il1aol.com reelrhw Zil,hotmail.com Counsel for Plaintiff in Related Case No Brad Edwards Esq Law Office of Brad Edwards Associates LLC Harrison Street Suite Hollywood FL Phone Fax bedwards ill,rra-law.com be bradedwardslaw.com Counsel for Plaintiff in Related Case No Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurst.com Case Document Entered on FLSD Docket Page of Isidro Manne Garcia Esq Garcia Elkins Boehringer Datura Avenue Suite West Palm Beach FL Phone Fax isidrogarcia iil,bellsouth.net Counsel for Plaintiff in Related Case No Podhurst Orseck P.A West Flagler Street Suite Miami FL Miami Fax Fort Lauderdale w.podhurst.com
