Case Document Entered on FLSD Docket Page of JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-cv-80119-MARRA/JOHNSON JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant CASE NO 08-CV-80232-MARRA/JOHNSON I CASE NO 08-CV-80380-MARRA/JOHNSON I Case Document Entered on FLSD Docket Page of C.M.A Epstein et al Page CASE NO 08-CV-80381-MARRA/JOHNSON JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant CASE NO 08-80994-CIV-MARRA/JOHNSON JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant CASE NO 08-80993-CIV-MARRA/JOHNSON JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant C.M.A Plaintiff JEFFREY EPSTEIN Defendant CASE NO 08-80811-CIV-MARRA/JOHNSON Case Document Entered on FLSD Docket Page of M.A Epstein et al Page JANE DOE Plaintiff JEFFREY EPSTEIN et al Defendants DOE II Plaintiff JEFFREY EPSTEIN et al Defendants I CASE NO 08-80893-CIV-MARRA/JOHNSON I CASE NO 09-80469-CIV-MARRA-JOHNSON JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant CASE NO 09-80591-CIV-MARRA-JOHNSON JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant CASE NO 09-80656-CIV-MARRA/JOHNSON I Case Document Entered on FLSD Docket Page of C.M.A Epstein et al Page4 DEFENDANT JEFFREY EPSTEINS EMERGENCY MOTION FOR INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF WITH INCORPORATED MEMORANDUM OF LAW Defendant JEFFREY EPSTEIN hereinafter Epstein by and through his attorneys and pursuant to Rule Fed Civ and of the Local Rules for the Southern District of Florida hereby moves this Court for an emergency order directing that the Plaintiff CAROLYN Case Document Entered on FLSD Docket Page of C.M.A Epstein et aL Page provided records from solely a CMA designation Defendant did not want to violate the courts order on anonymity Thus Defendant served its April Motion to Identify DE and Reply DE requesting the right to serve third-party subpoenas and/or dismissed Plaintiffs case Plaintiff then offered to allow Defendant access to her medical history only after her attorneys were able to obtain and filter through same Was Plaintiff serious On May C.M.A then capitulated and filed her Notice of Withdrawal of Previously Raised Objections to Epsteins Motion to Compel and/or Identify C.M.A in the Style of this Case and Motion to Identify C.M.A in Third-Party Subpoenas for Purposes of Discovery or Alternatively Motion to Dismiss Sua Sponte DE the Notice of Withdrawal Obviously by filing the Notice of Withdrawal Plaintiff recognized that her attempts to prevent meaningful discovery were delaying this matter and would ultimately delay her trial Defendant then expeditiously set about to obtain basic background discovery on C.M.A for use for her deposition and for an eventual medical/psychological exam which as discussed in more detail below is now being prevented by Plaintiff Then on June C.M.A filed a Motion for Protective Order Regarding Treatment Records From Parent-Child Center Inc Susan Pope and Dr Serge Thys DE now DE On June Plaintiff then filed a subsequent Motion for Protective Order Regarding Treatment Records From Palm Beach County School District Good Samaritan Hospital St Marys Hospital Dr Gloria Hakkarinen and Florida Atlantic University DE now DE While Plaintiff agreed to allow Defendant to identify her in various third-party subpoenas directed to Case Document Entered on FLSD Docket Page of C.M.A Epstein et al Page6 her physicians she now employs yet another strategy to block discovery of her past medical and psychological history from being discovered by and through the Conditional Notice DE and the Motions for Protective Order Without the health care provider information including psychological psychiatric records it will be impossible to conduct a thorough deposition of C.M.A and have a meaningful independent medical/psychological examination by Epsteins defense expert Dr Hall C.M.A knows full well that such discovery is relevant to the claims she asserts against Epstein On July the undersigned sent Plaintiffs counsel a letter requesting that Plaintiff provide Defendant with dates of availability for the depositions for Susan Pope of the Parent-Child Center Inc and Dr Serge Thys within days so that the appropriate information could be obtained for this case and for the future compulsory psychological/psychiatric examination of C.M.A See Exhibit A On that same date Epstein requested that Plaintiff provide him a date for the independent medical/psychological examination of C.M.A On July the undersigned discussed the foregoing issues with counsel for Plaintiff and plaintiffs attorney advised that he objected to the depositions of Susan Pope and Dr Serge Thys and would be filing a motion for protective order as to the independent medical/psychological examination of C.M.A The conclusion is simple as a result of the pending Motions before this court as well as the delay tactics taken by Plaintiff Epstein is being forced to trial without one shred of meaningful discovery Importantly Plaintiff opposed Defendants motion to strike the current trial date and this court in denying Defendants motion instructed Defendant to move forward with discovery Yet Plaintiffs own Case Document Entered on FLSD Docket Page of C.M.A Epstein et al Page strategy and the pending motions before this court continues to prevent the very discovery this court said Defendant should undertake Discovery cutoff is only one month away i.e at the end of August This court has already ruled that Plaintiff can only be deposed once Case DE at is Defendant is limited to a single deposition of each Plaintiff during which defendant may depose the Plaintiff as both a party and a witness However Epstein is being compelled to take C.M.A.s deposition without C.M.A.s medical records/history As such the undersigned will not be able to cross-examine C.M.A about her past medical history and as a result Epsteins expert physician will not have the benefit of that type of questioning and answers thereto before the compulsory psychological/psychiatric examination of C.M.A This is inherently unfair nonsensical and directly violates Epsteins due process rights Plaintiff has alleged in her action that the Defendant sexually assaulted the Plaintiff As a result of the alleged conduct she claims she suffered the following damages set forth in paragraph and the same damages in additional counts As a direct and proximate result of the offenses enumerated in Title United States Code Section being committed against the then minor Plaintiff C.M.A has in the past suffered and will in the future suffer physical injury pain and suffering emotional distress psychological trauma mental anguish humiliation embarrassment loss of self-esteem loss of dignity invasion of her privacy and other damages associated with Defendant JEFFREY EPSTEIN controlling manipulating and coercing her into a perverse and unconventional way of life for a minor The then minor Plaintiff incurred medical and psychological expenses and the Plaintiff C.M.A will in the future suffer additional medical and psychological expenses The Plaintiff C.M.A has suffered a loss of income a loss of the capacity to earn income in the future and a loss of the capacity to enjoy life Case Document Entered on FLSD Docket Page of M.A Epstein et al Page These injuries are permanent in nature and the Plaintiff C.M.A will continue to suffer these losses in the future Additionally in her answers to interrogatories in response to interrogatory she claims the following damages as a result of the incident set forth in her complaint I am claiming compensation for mental anguish mental pain psychic trauma and loss of enjoyment of life These damages will be evaluated by a jury who will provide their own methods of computation in an amount of at least the statutory minimum established by U.S.C.A See Exhibit Pursuant to Rule Fed.R.Civ.Pro a party may move for an examination by a qualified examiner if the Plaintiffs mental/emotional and/or psychological status is at issue in a case Additionally the Plaintiff has been unable in the answers to interrogatories to identify any past or future medical care which she has sustained or may sustain Yet she has claimed the aforementioned damages Defendant would be severely prejudiced unless he is able to have an examination conducted by a qualified examiner separate and apart from any psychologist/psychiatrist or similar behavioral health provider who may have or may ultimately see the Plaintiff and testify in court Defendants counsel has retained the services of Richard Hall M.D and Ryan Hall M.D of C.W Hall M.D P.A located at West Lake Mary Blvd Lake Mary FL Ryan Hall M.D will be performing the examination Dr Ryan Halls specialties include forensic psychiatry general psychiatry and medical psychiatry Attached as Exhibit hereto is Ryan Hall M.D.s qualifications and the scope of the examination which he intends and is required to conduct in order to render a report See Case Document Entered on FLSD Docket Page of M.A Epstein et al Page also Exhibit Affidavit of Ryan C.W Hall M.D inclusive of the scope of examination and other Rule requirements Accordingly this motion comports with Rule The applicable notice will be filed simultaneously herewith Defendant will arrange for a videotape of the examination WHEREFORE Defendant requests that this Court enter an Order directing that the examination takes place at a.m on August at the law firm of Burman Critton Luttier and Coleman LLP located at Flagler Drive Ste WPB Fl under the protocol set forth by Dr Hall in his affidavit by videotape and for such other and further relief as this court deems just and proper Rule Certification I hereby certify that counsel for the respective parties communicated by telephone in a good faith effort to resolve the discovery issues pri to the filing of this motion Counsel was unable to resolve the issues outlined her Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was ctronically filed with the Clerk of the Court using CM/ECF I also cert th the foregoing document is being served this day on all counsel of record identifed he following Service List in the manner specified by CM/ECF on this day of i submitted Flori ar No rcrit bclclaw.com MICHAEL PIKE ESQ Florida Bar 265ike bclclaw.com ESQ Case Document Entered on FLSD Docket Page of C.MA Epstein et al Page BURMAN CRITTON LUTTIER COLEMAN Flagler Drive Suite West Palm Beach FL Phone Fax Counsel for Defendant Jeffrey Epstein Certificate of Service Jane Doe No Jeffrey Epstein Case No 08-CV-80119-MARRA/JOHNSON Stuart Mermelstein Esq Adam Horowitz Esq Mermelstein Horowitz P.A Biscayne Boulevard Suite Miami FL Fax ssm sexabuseattorney.com ahorowitz sexabuseattorney.com Counsel for Plaintiffs In related Cases Nos Richard Horace Willits Esq Richard Willits P.A th Avenue North Suite Lake Worth FL Fax Counsel for Plaintiff in Related Case No reelrhw hotmail.com Jack Scarola Esq Jack Hill Esq Brad Edwards Esq Rothstein Rosenfeldt Adler East Las Olas Boulevard Suite Fort Lauderdale FL Phone Fax bedwards rra-law.com Counsel for Plaintiff in Related Case No Paul Cassell Esq Pro Hae Vice South Room Salt Lake City UT Fax cassellp law.utah.edu Co-counsel for Plaintiff Jane Doe Isidro Garcia Esq Garcia Law Firm P.A Datura Street Suite West Palm Beach FL isidrogarcia bellsouth.net Counsel for Plaintiff in Related Case No Case Document Entered on FLSD Docket Page of C.M.A Epstein et al Page Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach FL Fax jsx searcylaw.com jph searcylaw.com Counsel for Plaintiff C.M.A Bruce Reinhart Esq Bruce Reinhart P.A Australian Avenue Suite West Palm Beach FL Fax ecf brucereinhartlaw.com Counsel for Defendant Sarah Kellen Theodore Leopold Esq Spencer Kuvin Esq Ricci-Leopold P.A PGA Blvd Suite Palm Beach Gardens FL Fax Counsel for Plaintiff in Related Case No skuvin riccilaw.com tleopold riccilaw.com cc Dr Ryan Hall Robert Josefsberg Esq Katherine Ezell Esq Podhurst Orseck P.A West Flagler Street Suite Miami FL Fax rjosefsberg podhurst.com kezell podhurst.com Counsel for Plaintiffs in Related Nos and Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Fax jagesg bellsouth.net Cases Counsel for Defendant Jeffrey Epstein
12,351 characters
