Case Document Entered on FLSD Docket Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant __ 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 __ CASE NO 08-CV-80119-MARRA/JOHNSON CASE NO 08-CV-80232-MARRA/JOHNSON CASE NO 08-CV-80380-MARRA/JOHNSON CASE NO 08-CV-80381-MARRA/JOHNSON Case Document Entered on FLSD Docket Page of 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 JEFFREY EPSTEIN Defendant 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 I Case Document Entered on FLSD Docket Page of DOE II Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant CASE NO 09-CV-80469-MARRA/JOHNSON I CASE NO 09-CV-80591-MARRA/JOHNSON I CASE NO 09-CV-80656-MARRA/JOHNSON I PLAINTIFF C.M.A.S MOTION FOR PROTECTIVE ORDER REGARDING TREATMENT RECORDS FROM PARENT-CHILD CENTER INC DR SERGE THYS DOMINIQUE HYPPOLITE/SCHOOL DISTRICT OF PALM BEACH COUNTY GOOD SAMARITAN HOSPITAL ST MARYS HOSPITAL FLORIDA ATLANTIC UNIVERSITY AND GLORIA HAKKARAINEN M.D AND INCORPORATED MEMORANDUM OF LAW Plaintiff C.M.A by and through her undersigned attorneys hereby files her Motion For Protective Order Regarding Treatment Records From Parent-Child Center Inc Dr Serge Thys Dominique Hyppolite/School District of Palm Beach County Good Samaritan Hospital St Marys Hospital Florida Atlantic University and Gloria Case Document Entered on FLSD Docket Page of Hakkarainen M.D and Incorporated Memorandum of Law and in support there of states as follows This is an action to recover money damages against Defendant JEFFREY EPSTEIN for acts of sexual abuse and prostitution committed upon the then minor C.M.A Plaintiff has plead thirty separate counts against EPSTEIN for separate incidences of abuse committed by EPSTEIN against Plaintiff pursuant to U.S.C U.S.C entitled Civil remedy for personal injuries creates a private right of action for minor children who were the victims of certain enumerated sex offenses U.S.C also creates a statutory floor for the amount of damages a victim can recover for a violation of same Plaintiff has also alleged a single count of Sexual Battery against EPSTEIN There presently exists between the Plaintiff and EPSTEIN a disagreement as to whether the statutory damage floor established in U.S.C is recoverable for each commission of an enumerated sex offenses listed in U.S.C or whether the statutory damage floor can only be enforced once regardless of how many times a defendant perpetrates an enumerated sex offense against a minor victim This disagreement between the parties is properly the subject of Defendants Motion to Dismiss First Amended Complaint For Failure to State a Cause of Action and Motion For More Definite Statement Motion to Strike and Supporting Memorandum of Law Attached hereto as Exhibit A which is currently pending before this Court Case Document Entered on FLSD Docket Page of In the event that the Court rules that Plaintiff can recover the statutory damage floor established in U.S.C for each proven incident of abuse committed by EPSTEIN upon her Plaintiff intends to rely exclusively on the statutory damages rather than those damages which are available at common law See Plaintiff C.M.A.s Conditional Notice of Intent to Exclusively Rely on Statutory Damages Provided by U.S.C attached hereto as Exhibit If however the Court rules that the statutory floor applies only one time regardless of the number of times EPSTEIN committed an enumerated sexual offense against her Plaintiff will be pursuing all damages available to her at both common law and by statute Given Plaintiffs intent to rely exclusively on the statutory damages available to her under U.S.C as outline above Plaintiff will not be presenting any evidence of the extent of her physical emotional or pecuniary injuries beyond evidence that she was the victim of sexual contact to which she was legally incapable of consenting by virtue of her age including pain and suffering emotional distress psychological trauma mental anguish humiliation embarrassment loss of self-esteem loss of dignity invasion of her privacy and loss of the capacity to enjoy life Accordingly any testimony and/or discovery regarding those types of damages would not be relevant to any material issue pending in this case Presently pending before the Court is Defendant EPSTEINs Motion to Compel Plaintiff C.M.A to Respond to Defendants First Request to Produce and Answer Defendants First Set of Interrogatories and to Overrule Objections and For an Award of Defendants Reasonable Expenses Attached hereto as Exhibit Case Document Entered on FLSD Docket Page of EPSTEIN is seeking from Plaintiff the production of certain treatment records of hers from the Parent-Child Center Inc Dr Serge Thys a psychiatrist Dominique Hyppolite/School District of Palm Beach County Good Samaritan Hospital St Marys Hospital Florida Atlantic University and Gloria Hakkarainen M.D None of the treatment records from the Parent-Child Center Inc Dr Serge Thys Dominique Hyppolite/School District of Palm Beach County Good Samaritan Hospital St Marys Hospital Florida Atlantic University and Gloria Hakkarainen M.D will have any relevance whatsoever in the event that Plaintiff pursues only those statutory damages available to her under U.S.C To the contrary the production of these confidential and private treatment records would only serve to further humiliate embarrass and victimize C.M.A Furthermore C.M.A.s treatment records from the Parent-Child Center Inc Dr Serge Thys Dominique Hyppolite/School District of Palm Beach County Good Samaritan Hospital St Marys Hospital Florida Atlantic University and Gloria Hakkarainen M.D are protected by the psychotherapist-patient privilege pursuant to the Supreme Courts decision in Jaffee Redmond U.S S.Ct AII agree that a psychotherapist privilege covers confidential communications made to licensed psychiatrists and psychologists We have no hesitation in concluding in this case that the federal privilege should also extend to confidential communications made to licensed social workers in the course of psychotherapy Ordinarily a plaintiff does not place her mental condition in controversy merely by requesting damages for mental anguish or garden variety emotional distress In order to place a partys mental Case Document Entered on FLSD Docket Page of condition in controversy the party must allege a specific mental or psychiatric disorder or intend to offer expert testimony to support their claim of emotional distress Turner Imperial Stores F.R.D S.D.Cal The evidence sought is also protected under the substantive privacy rights recognized in Florida Statute and Accordingly Plaintiff respectfully moves for the entry of a protective order pursuant to Fed Civ Pro regarding Plaintiffs treatment records from the Parent-Child Center Inc Dr Serge Thys Dominique Hyppolite/School District of Palm Beach County Good Samaritan Hospital St Marys Hospital Florida Atlantic University and Gloria Hakkarainen M.D More particularly Plaintiff requests the entry of an order precluding the discovery of those records until such time as the Court rules on the issue regarding whether the statutory damage floor as contained in U.S.C applies to each proven commission of an enumerated sexual offense by EPSTEIN against CMA Should the Court rule that U.S.C provides a per incident damage floor the treatment records would have absolutely no relevance whatsoever In the event that the Court rules that the damage floor applies only once the parties can then further brief the Court as to whether C.M.A has placed her mental condition in controversy such that it operates as a waiver of the psychotherapist-patient privilege WHEREFORE Plaintiff C.M.A respectfully requests that this Court enter a protective order preventing the discovery of Plaintiffs treatment records from the Parent-Child Center Inc Dr Serge Thys Dominique Hyppolite/School District of Palm Beach County Good Samaritan Hospital St Marys Hospital Florida Atlantic University Case Document Entered on FLSD Docket Page of and Gloria Hakkarainen M.D until such time as the Court decides whether the statutory damages pursuant to U.S.C are available to a victim of an enumerated sexual offense on a per incident basis CERTIFICATE OF COMPLIANCE WITH LOCAL RULE Counsel for the movant conferred via telephone with counsel for the Defendant and counsel for the Defendant is not in agreement with Plaintiffs Motion For Protective Order Regarding Treatment Records From the Parent-Child Center Inc Dr Serge Thys Dominique Hyppolite/School District of Palm Beach County Good Samaritan Hospital St Marys Hospital Florida Atlantic University and Gloria Hakkarainen M.D and Incorporated Memorandum of Law Jack Hill CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 20th day of July I electronically filed the foregoing with the Clerk of the Court by using CM/ECF system which will send a notice of electronic filing to all counsel of record on the attached service list s/,Jack Hill Jack Scarola Florida Bar No Jack Hill Florida Bar No Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach Florida Phone Fax Attorneys for Plaintiff Case Document Entered on FLSD Docket Page of COUNSEL LIST Richard Willits Esquire Richard Willits P.A 10th Avenue North Suite Lake Worth FL Phone Fax Robert Critton Esquire Burman Critton Luttier Coleman LLP North Flagler Drive Suite West Palm Beach FL Phone Fax Jack A Goldberger Esquire Atterbury Goldberger Weiss P.A Australian Avenue South West Palm Beach FL Phone Bruce Reinhart Esquire Bruce Reinhart P.A South Australian Avenue Suite West Palm Beach FL Phone Fax
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