Case Document Entered on FLSD Docket Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant I JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant I JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant CASE NO 08-CV-80119-MARRA/JOHNSON CASE NO 08-CV-80232-MARRA/JOHNSON CASE NO 08-CV-80380-MARRA/JOHNSON Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant I JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant I CASE NO 08-CV-80381-MARRA/JOHNSON CASE NO 08-CV-80994-MARRA/JOHNSON CASE NO 08-CV-80993-MARRA/JOHNSON Case Document Entered on FLSD Docket Page of C.M.A Plaintiff vs JEFFREY EPSTEIN Defendant CASE NO 08-CV-80119-MARRA/JOHNSON CASE NO 08-CV-80811-MARRA/JOHNSON I JANE DOE Plaintiff Vs CASE NO 08-CV-80893-CIV-MARRA/JOHNSON JEFFREY EPSTEIN et al Defendant DOE II CASE NO 09-CV-80469-MARRA/JOHNSON Plaintiff vs JEFFREY EPSTEIN et al Defendants I Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant I JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant I CASE NO 09-CV-80591-MARRA/JOHNSON CASE NO 09-CV-80656-MARRA/JOHNSON RESPONSE IN OPPOSITION TO EPSTEINS MOTION TO STRIKE CASE FROM CURRENT TRIAL Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON Background Defendant Epstein has filed a boilerplate motion to strike Jane Does trial date and numerous other consolidated cases involving similar allegations of his sexual abuse of minors for an unspecified period of time delaying what is currently set as a February trial date until some later and unspecified date On May the court granted the motion to strike the trial date as to plaintiffs Jane Does who had agreed to the delay for their own reasons The court set a new trial date of June for these cases The court however reserved ruling on the motion to continue Jane Does case and one other plaintiff C.M.A In recounting the procedural history of this case Epstein does not disclose that in this particular case he has been the one responsible for numerous delays Indeed a quick review of the docket sheet shows the following requests for extensions by defendant Epstein DE defendants motion for extension of time to respond to complaint DE21 defendants motion for extension of time to file motions to compel DE39 defendants motion extension of time to file reply as to response to opposition to motion to stay DE41 defendants motion for extension of time to file reply as to response in opposition to motion to compel tax records DE42 defendants motion for extension of time to file reply as to response in opposition to motion to compel on first interrogatories Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON DE44 defendants motion for extension of time to file response as to motion to strike reference to non-prosecution agreement DE52 defendants motion for extension to time to file response as to amended complaint DE60 motion for extension of time to file response to plaintiffs first amended complaint It should be noted that Jane Doe as a matter of civility has not objected to a single one of these requests for an extension from defendant Epstein In none of these conferences regarding these requests for extension did defense counsel indicate that he was concerned that the trial date might need to be continued because of any delay in this case Jane Doe has yet to request a single extension of time for any reason It may also be relevant to note that Epstein has taken the Fifth with regard to essentially all discovery that Jane Doe has propounded to him in this case Epstein Has Failed to Provide any Exceptional Circumstances to Continue the Trial Date This court of course has discretion to continue the trial date The rules of this court however make clear that a continue of any trial will be granted only on exceptional circumstances Local Rule emphasis added All defendant Epstein has shown is a few run of the mill discovery disputes that have arisen months in advance of the discovery deadline The deadline in this case is October roughly four months away At the very least any motion to continue is premature Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON Defendant Epstein has failed to provide any good reason for delaying trial in Jane Does case Most of his pleading focuses on discovery disputes that have arisen with regard to Jane Does or C.M.A These disputes have absolutely no bearing on whether Jane Does case can be ready for trial by February In an effort to provide some sort of good cause for rescheduling the trial date Epsteins defense counsel has provided an affidavit asserting generally that it will not be possible to complete discovery in a timely fashion in this case That same affidavit however acknowledges that some of the discovery disputes that have arisen in other cases have not arisen in this case In particular the affidavit spends a great deal of time explaining how an objection to disclosing the true names of the plaintiffs in other cases has allegedly made it impossible for Epstein to serve subpoenas and thus obtain meaningful discovery about other plaintiffs See Affidavit of Michael Pike at Exhibit to Epsteins Motion to Strike Cases from Current Trial Docket The affidavit concedes however that this objection does not apply to Jane Does case See id at As stated in the motion to strike Brad Edwards counsel for Jane Doe has agreed to such a procedure relative to third party subpoenas In addition Jane Doe will be gravely prejudiced if a delay of any sort is sanctioned in this case As the court is well aware this case involves serious allegations of sexual abuse of minor Each passing day with the matter unresolved adds to the psychological stress that Jane Doe must bear This is not the kind of case that where additional time should be allowed to pass In general The compensation and remedy due a civil plaintiff should not be delayed Gordon FDIC F.2d Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON D.C Cir Given the sexual abuse allegations at stake here that general admonition applies with even greater force Moreover Jane Doe will be gravely prejudiced if Epstein is allowed to postpone trial in this matter As explained at greater length in Jane Does soon to be filed Memorandum in Support of Motion for Injunction Restraining Fraudulent Transfer of Assets good cause exists for believing defendant Epstein is currently moving his assets overseas in an attempt to defeat the satisfaction of any judgment that Jane Doe might obtain in this case In addition it is possible that by delaying the trial until June Epstein might be able to escape the supervision of the Florida courts entirely Epstein is currently in jail and will serve a one-year term of community control house arrest following his release Conveniently enough for Epstein it appears that this term of community control will expire at around the time of his proposed new trial date For all these reasons the Court should deny the motion to strike Jane Does currently-established trial date Dated June Respectfully Submitted Bradley Edwards Bradley Edwards ROTHSTEIN ROSENFELDT ADLER Las Olas City Centre East Las Olas Blvd Suite Fort Lauderdale Florida Telephone Facsimile Florida Bar No Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON E-mail bedwards rra-law.com and Paul Cassell Pro Hae Vice Salt Lake City UT Telephone Facsimile E-Mail cassellp law.utah.edu Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 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 parties 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 parties wo hare not authorized to receive electronically filed Notices of Electronic Filing Bradley Edwards Bradley Edwards Case Document Entered on FLSD Docket Page of CASE NO 08-CV-80119-MARRA/JOHNSON SERVICE LIST Jane Doe Jeffrey Epstein United States District Court Southern District of Florida Jack Alan Goldberger Esq Jg old berger agwpa.com Robert Critton Esq rcritton bclclaw.com Isidro Manual Garcia isidrogarcia bellsouth.net Jack Patrick Hill iph searcylaw.com Katherine Warthen Ezell KEzell podhurst.com Michael James Pike MPike bclclaw.com Paul Cassell cassellp bclclaw.com Richard Horace Willits lawyerswillits aol com Robert Josefsberg rjosefsberg podhurst.com Adam Horowitz ahorowitz sexabuseattorney.com Stuart Mermelstein ssm sexabuseattorney.com William Berger wberger rra-law.com
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