United D5.7i-3.7strict Southe8.2rn D5.6i-3.8strict of Virg13inia Plaintiff5.8 Case Ghislaine JOINT RESP11.2ONSE IN OPP11.2OS-4.5ITION TO INTERVENORS LEAVE TO INTERVE7.2NE AND TO 7THE P11R.4OTECTIVE Doe5.4 in the captioned matter4.6 Ja-9.8ne Doe5 Epstein et al No and Plaintiff)5.7 Virg12.7inia Giuf-6.3fr5.7e the Propose5.5d-.3 for to and to Modify22.2 10the Protective Ord-9.8e3r the re6.2asons set below.-26 The Propose5.2d-.6 I13n0te-7.2rve6.8nors non parties Epstein 9and De5.7fe6.8nd-9.1ants P10.8R.2ELIMINA-5.8RY STATEMENT-8.6 Court has twice that non-parties such Epstein and Gr4.8off cannot this Court?s Protect ive the Court shoul-12.3d summaril-13.3y19.9 this motion P10.6R0OCEDU-6R0AL HIS-6T-2.2ORY this8.8 Court entered a Protec tive Order privacy19.8 of parties and depon-9.5ents Non-Part a fact witness and dep-9.8onent in the Giuffre Maxw-4.4ell She prov-9.1ided both deposition documents this case-6.6 which-9.4 were desig6n-1at-12.2ed as 11.7?confid-9e2.8ntial under-7 th te-7.7rms of Protective On Case Document Filed Page of Doe5.7 filed 7.7her own action against Jeff Epstein and others for6 violations of U.S.C for5.8 in 11.9commerc6.6ial traff5.8ick D-6.7e3.9spite the 7.3fact that it is we5.9ll settled-6.9 that a Court should9.8 no9.8t consider do-11.4cuments the four5.8 of the complaint evaluatin-11.1g9.9 a Motion to 12Dismiss the Epstein ndants seek-9.4 to utilize documents produced Doe5.6 this matter4.8 for purposes-10 of supp orting10.5 thei-8.7r Motion to 12.2Dismiss in the matter befor5.4e The Epstein De5.2fe6.2ndants that the materi-8.6als can be used to establis8.8h9.6 that Doe5.1 cl-11.9aims should be barred outside the statute limitation period and also that somehow est-12.3a3.7blish that Epstein is not7.7 within Ne5.7w Court?s jurisdiction Epstein-9.3 De5.5f-6.3e3.5ndants this Court seekin-11.3g to to 11.8gain acc-5.8ess to documents that mar confidenti-13.7a3.4l under the Protecti ve Order an to avoid 9.2motion practice is Court Doe5.8 9.2and Vir-6g10inia-5.1 Giuff5.5re6.3 to the her d-9.5e3.3position transcr5.4i-.8pt and of the 7.8documents that could-11.6 to the challen-9.3g9.7es to juri sdic-5tion and statute of limit8a4tions documents which the Epstein De5.3fendants desire to present-11.7 at the Motion to Dism6.4i7.4ss stag10.6e The De5.5fe6.5nd-9.3ants not satisfied with 11the disclosure agreem-12.5ent and there-6.5for4.7e this Court seeking7.7 9additional docu-9.3ments At the outset it is critic-8.2al to note that th Cour-6t in its Nove5.8mber5 order in this ca6.2se a 9cannot se-5.8ek to overturn the order 6as follows The Protective states that parties can objec5.6t to the confid10.8e3.6ntialit-11.4y9.8 desig6.8n-.2ations A objec5.6t to the desig6.4n-9.6ation of particular-6.6 10.8written notice the the disputed-6.9 information it shall be the obligation of the informat-9.4ion as to file an appropriat-11.4e motio7.8n9.8 re6.9questin-8.9g8.1 that the Court deter5.1mine whe5.9t her4.9 the 7.5disputed information sho8.9u-.1ld be subject to the terms of this Protective Order.-7 This Court?s Protective not allow for non-pa-5.9rties to challen-9.7g9.3e these Case Document Filed Page of The Movant to bound the rovis-16i-.2ons of the Prot ective Order ex-9.8change for5.2 receivin-9.8g9.2 the Requested Doc5u he has the confidentialit-11.3y19.9 re6.7stri-11.3ctions plac5.7ed on the documents no matter4.9 the documents contained-9.7 10.3that he 9.3could be 9.3priv to of is bound its confidentialit-11.4y19.8 provi-11.2sions as as the p-9r0o-6v0isions9.2 that only allo10.8ws parties bring challenges to the Protec5.2tive Order Nove5.6mber Opinion emphasis Epstein De5.3fe6.3nd-9.5ants p-9.5o-.5ssession of these docum-11.7ents becaus-10.3e Epstein wa5.8s a w5.2i-.2tness in 9this matter bound the Protective he cannot move to those documents 10because is not a pa 9to acti-3.7on Defe ndant has not joined Eps tein?s Motion it is the law of the that his motion must be denied ARG7.5U-7.1MENT is we5.7ll settled that a C-12.1ourt should not onsider documents outside the f-6.3our corne-5.5r-.3s the Complaint at the Mo-9.7tion to Dismiss stag11.3e e.g re 10.8Giant 11.5Inter-10.7active Grp Litig Supp.9.5 2d S.D.N.Y Sweet Court7.3 not7.3 considering10.5 eviden-7.5ce-5.7 outside of complaint in d-9.1eciding mo tion to dismis7.5s motion eviden-9ce Defe6.8ndants is not within the four6 cor ners of Complaint and cannot 8be considere5.9d-1 c7.4iting8.6 Fonte Bd of Managers of Cont7.6 8.7Towers9 Condo 2d Bill Diodato Photography LL6.2C Avon Prod Inc6.8 RW-5S 10at S.D.N.Y on S.D.N.Y Sept Sweet A Rule motion to dismiss challen-8.9g10.1es the-7 of the in deciding9.5 motion to dismi8.3s.6s the Court must limit to the our cor-6.6n-.6ers of the complaint interna6.8l citations omitt5.8e3.8d the Epstein De5.6fe6.6nd-9.2ants se-6.4ek to in this for the ex-9.2act pu-9.2rpose of 9.4obtaining7.8 documents marked as c-6onfidential to admittedl7.8y20 10utiliz-5.2e in 8support of th8.1eir Motion to Case Document Filed Page of has 9.4reason to be that Epstein also nefa6.8rious purpos-9.8e3.8 of utiliz-5.2ing8 th confidential do-9.4cuments to hum iliate and embarr-6.8ass her in public This tac5.7tic 10.6should not to-14.3ler4.9ated and for6.1 that their motio8.1n.1 to should be denied.-8.3 I Doe5.8 and Virginia Already Agr5.3eed to 9Disclose Relevant Testim11.6ony and As an initial matte-5.7r Doe 9to rele-7.7ase Doe5.7 deposition transcr5.9i-.3pt and documents that she produced fr5.5om the confines of Protective Order Epstei-9.9n De5.1fe6.1ndants spend a ubstantial amount of ti5.8me in their Motion to this C-16.1ourt that Doe5.9 which the Evidence 10.2establishes that she wa5.7s statute of limitations7.1 period could f-6.1rom truth testimon-9.1y19.9 est-12.3a3.7blishes that-9.3 her a6.5buse 5.9continued the ten statut-13.5e of limitations period:-9.2 She provided demonstratin-9.1g9.9 that-9.3 Eps-9.4tein?s abuse-6.7 10.4continued during10.5 the ten 8window befor5.5e filed her lawsuit against him Doe5.8 De5.6p Tr Doe5.6 She testified that she 7.8and the other5 Epstein Ghislaine Doe5.6 Tr She testified that she wa5.5s held ag9.7ainst her ill on Epstein?s island Doe5.6 De5.6p Tr She testified that Epstei-9.2n and knowin-9g10 wa5.8s 11financiall-11.2y20 d-9e3.8stitute and wa5.4s sufferin-8.4g9.6 fr5.6om 11.8depression lured into their commerc6.9ial with the promises-10.3 her edu-9.8cati-4on she 7compl-4ied with their demands Doe5.6 De5.6p Doe to in9.4clu7.4de Docum9.2e2.2nt an6.4d th9.4at in9.4to th9.4e to releas5.6e2.2 Case Document Filed Page of Doe5.8 testified th-11at she interacted with after Epstein fl-8.6ew 8.7her ba-5.5ck f-6.4rom South Af4.8rica which wa5.6s 11.4within the ten ar s-9.9tatute of limitations and that she to Epstein 11and offi-8.6ce New Yor-6.4k 9Doe De5.7p Tr She testified that-9.5 Epstein-9.3 10.4cell phone-5.5 her he could k-9.5eep 10.6track all times and if she did come 10.6called come find Doe5.6 Tr She wa5.2s for5.4ced Epste-7.8i-.8n to have with7.4 ot her4.2 g9.2i-1rls and with a colleague of Epstein?s in his New York mansio-10.4n Doe5.4 De5.4p Tr Dur5i-.2ng8 the ten 7.8statute of limitation8s.2 period Epstein 18.4used threats ensure5.4 Doe5.5 complied with his demands incl-9.3uding7.9 forcing7.9 to stop eating9.9 so she could meet his demands Doe5.5 De5.5p Tr the ten statute of limitation 6.6period she testified she activel-11.4y9.8 her 8.9app-9.3l-.5ication based on the promises that Epstein-9.3 and would assist in her 6.2enroll-13.5ment and 9.2for he Epste-7.6i-.6n asked find him person-6.9al in South8.1 Africa-5.9 to ba-5.9ck to who wa5.1s 9.7looking9.3 De5.1p Tr She testified that she wa5.8s with Epstein un10til which is we5.8ll with8in the ten statute of limitations period Doe5.5 Tr asked if she tried to break f-6.5rom Epstein in re6.3sponded-9.5 No didn?t to make5.2 a break 9.9with Epst-11.8ein Doe De5.5p at Doe5.6 8.5qu-9.2estioned in this deposition 10.2Defe7ndant-11 purposes of the Maxw-4.4ell case However she not asked qu-9.5estions that are6.3 to the J-10.2udge Koe5.5l-.5tl For she wa5.5s not 12.3asked the period of to she beli5.3ev ed that she wa5.6s able lea5.7ve Epstein without5.6 being subject to 9She wa5.2s asked-6.6 abou the the m-11.1u.1ltiple times she abused the to Epstein she wa5.9s not asked Case Document Filed Page of about how Epstein continued to manipulate her order to keep co-9.6mpliant in his traff5.7ickin-9.3g9.7 pursua5.9nt this Court movants-11 do not under the Protective to this motion II Dispute7.3d-2.3 the fact that Doe5.5 ia to her deposition and differe6.5n-.3t docume-7.5n-.3ts including7.7 communica5.5ti ons fr5.9om the time she wa5.7s abused the Epstein the Epstein De5.7fe6.7nd-9.1ants still insis9.1t-.3ing9.9 on coming9.9 this Court ove-4.8r the so called-9.1 Disputed that the Epstein improperl-18.8y19.4 and impermissibl-13y30.2 se-6.4ek to re6.7move fr5.8om this Court?s Protective Order Th-8.9ese documents have-6 nothing9.8 to do 10.2with the Epstein in their Motion to Dismiss that re6.6late to jurisdiction and statute of limitations6.6 challeng9.5es-10.3 the contrar-6.5y19.5 the Epstein De5.5fe6.5nd-9.3ants are to publicly17.7 9.8smear Doe5.6 emails to a public-7.3 9despite the 7fa6.7ct th-9.1at the d-9.1o-.1cuments have-5.3 no 9re6.7latio-11.1nship to the Motion to Dismiss.9.4 The Disputed Do-7.9cume-8.1nts can in two g9.1roups The g9.1roup is a collection of of va-5.4rious people-7.4 inclu-9.2ding7.8 Epstein and other fe6.7males J-6.9ane The photographs are6.3 not 12dated 8and ha-5.7ve no on statute of limitations or j7.8u0risdiction that the Epstein-18.6 De6f-5.8e4ndant-11s wa6nt to make6..2 The second includes-10.8 series-10.8 of commun-9.4ica5.4tions that 9.5with J-7.3ane Doe5.3 These)-6.7 communica5.3tio-9.5n-.5s are6.3 not to either the issue statute-5.4 of limitations or 9.6the issu10e of whe5.8t-.2he the has jurisdiction over the Epstein matter5 in Ne5.8w York They19.9 do howe5.7v-9.1er include irrele-7.6vant items that could the Epstein De5.3fe6.3nd-9.5ants and embar4.5r-6.5assing9.5 such pictures Doe5.1 after a Case Document Filed Page of suicide Those c-7.7ould be used to pub humiliate and intimidate her none of that evidenc5.6e3.6 should considere6.6d-.2 at the Moti7.6on to Dism6.3iss Of the Court need-9.5 not re6.5ach such d-9.3e3.5tails consider-6.3ation on the stant motion as it has 8.9held that parties c4.9a2.9nnot 11challen-9.9g9.1e Protective Court4.6 Should-9.2 Not4.6 the as to These Court took to parties 7.6enter into 10the 12Protective 13in 7case the sensitive nature the abuse alle-5.4gations at issue Doe5.1 10gave testimon-9.2y19.8 in this action 9.4and voluntaril-10.4y19.8 doc ev-9.3en 9.2she wa5.5s not subje-5.4c3.6t to a subpoena-7.4 in Spain documents sh p-9.2roduc6.6ed 11.3contain s-10e3.6nsitive information-22.9,-.2 Epstein De5.3fe6.3ndants fa6.3iled to set for5.5th a uff4.9icient basis a modification to Protective Or4.8der As the 7.5Court is ev-9.2en if the Epstein De5.4fe6.4nd-9.4ants did set for5.6th a suff4.6icient-11.6 basis this Court st7ill cou10.2l0d not the soug8.5ht bec-5.7a3.4use as it held cannot move-7.3 the Court-8.3 Prot ective-6 Court not reach-9.8 any the put for5.5th th-11.5ese non-9-parties This Court Nove5mber Order make5s-.6 cl-12ear that-10 a like Epstein here6.5 who obtains Confi dential materials thr-8.4oug9.6h his participation in this9 case is bound the terms of the 12.6Prot ective which 9.7allows modification part-20.1y 6at There is a ag9.6ainst modification of prot-12ective 9.5order in the-8 Second Circuit and should not be modi5.4fi ed absent a of improvidenc5.1e in the of th order or or compelling9.5 need In re Teligent Inc6.6 2d see also In September Litigati7.4o-.4n S.D.N.Y 10.2Second Circuit has he sitant to permit m-11.2odifications that disturb-9.5 the ex-9.5pec tations of parties-7.4 or Dorsett County-7.4 of Case Document Filed Page of Nassau E.D.N.Y presumptivel7.4y19.6 for5.6 courts prot-11.9ective o-9.7rders which 10.7assure 10.7confi 22.6upon the pa-5.3rties re6asonabl-22.1y19.1 Id interna6.7l citations and quo-9.1tations omitted see also Medical Diagnostic Im5.5aging Carec7.1o.3re Nat LLC at S.D.N.Y motion to order-6.4 part and third p-9.5a3.3rties upon the terms of the prote-7.5c3.5tive As discussed in detail this Court?s previ ous Protective Or4.4der provide-7.8d-9.6 confidentialit-11.2y20 for 10information 8the 12parties would improperl-8.5y9.7 mbar5r-6a3.8ss or-6 oppre6.4ss witn-11.5ess or person-7.5 providing discover-16.5y19.5 in this Modification Protective at quoting Protective Court has thre-5.6e ti-13.6mes found issues p-10.4r-.4esented in warrant a Prot-10.5ective 9Orde-5.5r and has ex-9.9pressed c4.9onc-6.1ern its ongoing9.1 Id at More5.5over der does allow non-17.5-parties li5.5ke Epstein challen-9.3g9.7e the or the the Or5.8der Th Protective Order states that parties can to the desi-12.5g9.7n-.3ations A to desig7n0ation of particular-6 wr4.6itten notice to the disputed information it shall be the oblig9.8ation information as to 11.8file an motion re6.6qu-9.2esting9.8 that Court deter4.9mine the d-9.1i-.3sputed information should be subject to the terms of this Protective13.7 Order.-6.7 at This Court?s Protective does not al-11.9low for5.3 non parties to challen-9.9g9.1e these desi-13.1g9.1n-9.9ations and 10.9ther4.1efore this M9.1o-.1tion to filed Epstein and both non-parties to this ca6.7se should be Case Document Filed Page of cas-10.5es that Epstein Defe6.1nda nts upon inapposite None5.3 cases that the Epstein De5.4fe6.4ndants cite involve th mo-16.5dification of a pro tec5.5tive order for5.6 of a defe5.7ndant moving8.9 dismiss5.1 a differe5.7n-1.1t non-9.6e of the cases cite re6late to a protec5ti-14ve orde in a abuse case Int?l Equity Inv6.3estments Opportunity Equity Par10.4t0ners Ltd at S.D.N.Y the court granted the 9mo tion to interve6.8ne but denied the motion to confidentialit-11.3y19.9 just 11as this Court has done-5.3 times Charter Fire Ins Co Elec6.6trolux Home Prods Inc6.6 E.D.N.Y plaintiff6 not a third-part-8.2y20,-9 moved to modif-16y20 the order a in another Gambale-7.6 D-7.2e3.4utsche Bank AG 2d Cir the sua sponte publicl-11.3y9.9 disclosed settlement ter4.9ms In re Ethyle4.7ne Propylene5.6 Diene Mono-9.2me5.6r EPDM Antitrust Conn involves Canadian class action lawsuit that virtuall-13.2y20 identica5.5l to its Ameri-8.5can 8.5counter4.7pa-5.5rt 7.7And in In Visa Check/Mast-11.6e3.4rMone-3.6y Antit-4.6rust-3.6 the United States tment of soug8.5ht to in an antitrust litigant7.8s-.2 in modi fication of an ex-9.3isting7.7 protec5.5tive orde-5.5r is also dete-7.4rmining9.8 to grant modification Requests to orders so that the public discover-16.3y19.7 ials is subject to a more stringent presumpti-4on ag9.2ainst-5 modi-4ficati-4on because ther is no publ7.1ic of a-16.7ccess to discover-16.7y9.3 materia4.6l-.5s Dors-9.5ett 10Ther be leg11.7itimate pu-9.3rpose5.5 the movants se-6.4eking pict-9.4ures Doe 9.8afte her 7attempted suicide-6.6 these4.5 10are documents-10.2 9.8can se-6.9ek normal of J-10.5udge As with other 10.3attempted interv-6.2en-9.2ors the Epstein Defe6.6ndant are6.2 to humiliate and Case Document Filed Page of Doe5.1 con-9.7f-.7idential materials to a p-9.2ublic and for5.8 that 9.6their motion must denied the 8.1Court need-9.7 not reach-9.7 its of this motion Court and unambig9.9uousl-22.3y19.9 that parties cannot disturb this Court?s Protective Or4.9der CONCLUSION all 9.6the rea-5.2s.2ons 7.6the 11.6Court 10.6should the 11.6Propos-6.9ed I13n0te-7.1rv-6enor Motion for5.1 to to the Protectiv-9.9e2.9 Da5.8ted Oc5.8tobe-7.2r Respec7.1tfull-12y20.2 Submitted,-16.5 Sig8.5r.5id Sig7.6r-.4id Pro Hac Mer5.9e3.7dith Schultz-5.3 Pro H5.1ac Schiller Olas Suite Da5.4vid Boies-10.9 Schiller Main Street Armonk NY Edwards Pro F6.6A.7RMER EDWARDS FI23.7STOS North Andrews 8Avenue Suite F5.7l-.6orida Paul Cassell Pro H4.4ac 9Vice Quinne-5.2y30 Colle-5.2g10e of Universit-11.4y19.8 Universit-11.2y20 Salt UT Case Document Filed Page of CERTIF9.1ICATE 5.6SERVICE I HEREBY CERTIF11.6Y that on this 19th of filed document the Cler4.9k of Court the CM/ECF 10.2also that document is being7.6 serv-6.4ed to all par ties of re6.6cord via transmission of the Court CM/ECF.-20 Mi-3.1chael Y.K Chu Esq STEPTOE J-9.9O.1HNSON Ave4.8nue of th-9e Ne5.1w York 9NY Email mmiller5 steptoe.com Email jchu steptoe.com Counsel for Je6.6ffrey Epste-7.4i-.4n and Lesley Groff This business addre6.7ss is provided for identification and corr-6.9espo-10.9ndence purpos-10.7e2.9s and is not intend-9ed to institutional endorse ment Utah-9.2 for this private-5.4 re6.1pres-10.5entation Case Document Filed Page of
