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 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 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 RESPONSE AND INCORPORATED MOTION FOR PROTECTIVE ORDER REGARDING DEFENDANT JEFFREY EPSTEINS EMERGENCY MOTION FOR INDEPENDENT EXAMINATION OF PLAINTIFF WITH INCORPORATED MEMORANDUM OF LAW DE Plaintiff C.M.A by and through her undersigned attorneys hereby files her Response and Incorporated Motion For Protective Order Regarding Defendant JEFFREY EPSTEINs Emergency Motion For Independent Examination of Plaintiff With Incorporated Memorandum of Law DE and in support there of states as follows Case Document Entered on FLSD Docket Page of Defendant JEFFERY EPSTEIN filed on July his Emergency Motion for Independent Examination of Plaintiff with Incorporated Memorandum of Law DE After several pages of leveling inaccurate and irrelevant arguments regarding Plaintiffs alleged strategy to stall discovery in this case the Defendants requested relief finally materializes late in his emergency motion in that he seeks to have Plaintiff submit to a hour compulsory examination with his retained psychiatrist Ryan Hall M.D Defendant has unilaterally selected August for this examination Plaintiff has been hospitalized for the last two weeks suffering from serious illnesses including undergoing extensive thoracic surgery It is not expected that Plaintiff will be released from the hospital before August and potentially later There is also the possibility that Plaintiff will need to be admitted to an in-patient nursing home/rehabilitation hospital following her discharge from the acute care setting in which she is currently residing to convalesce from her illnesses and resulting surgery Needless to say it is not expected that Plaintiff will be out of the hospital by August let alone be in any condition that would permit the type of examination requested by Defendant Accordingly Plaintiff seeks the entry of a protective order preventing the examination with Dr Hall from going forward until after Plaintiff is discharged from the hospital and/or any nursing home/rehabilitation hospital The Although styled as an emergency motion there is no indication whatsoever as to how or why Defendants request for an examination of Plaintiff is an emergency Case Document Entered on FLSD Docket Page of undersigned will keep counsel for EPSTEIN informed as to Plaintiffs expected discharge date in order to facilitate rescheduling the examination Ominously Defendant seeks to first take the deposition of Plaintiff so that his examiner can have the benefit of Plaintiffs answers before the examination takes place DE paragraph Plaintiff the victim of repeated sexual offenses at the hands of the Defendant over a prolonged period of time while she was a minor would then again be subjected to a full medical and psychiatric history including chief complaint history of present illness specific complaints of symptoms or injury medical history past psychiatric history family history abuse history birth history childhood history school history occupational history violence history legal history relationship history substance abuse history sexual history review of symptoms activities of daily living mental status examination diagnosis using DSM-IV axes during Defendants proposed examination by Dr Hall DE Exhibit paragraph As if that were not overkill enough it has also requested apparently by Dr Hall himself that Plaintiff fill out certain questionnaires in advance of her proposed examination See letter from Michael Pike dated July attached as Exhibit Dr Hall is requesting that Plaintiff fill out a page Life History Questionnaire apparently for use with his patients as it references the confidential nature of the personal data requested therein and a page Patient Questionnaire for Forensic Examination Both questionnaires request information regarding past medical history psychiatric history social history work history etc Case Document Entered on FLSD Docket Page of Defendant cannot seriously be suggesting that he anticipates having Plaintiff answer the same questions about the same subject matter three separate times first in a deposition then in Dr Halls questionnaires then in Dr Halls examination Such a procedure would only serve to embarrass humiliate intimidate and further victimize Plaintiff Additionally Defendant no doubt hopes to create inconsistent statements by the Plaintiff in having her answer the same questions multiple times The desire to create inconsistent statements is of course not an appropriate goal for a mental examination When the Defendants proposed examination goes forward at some time to be determined later Plaintiff moves for the entry of a protective order limiting the time permitted for the examination and any testing to hours Trenary Busch Entertainment Corp WL M.D Fla limiting a psychiatric evaluation to four hours and Tracey Sarasota County WL M.D Fla limiting mental evaluation to hours Plaintiff also requests the entry of an order limiting the scope of the examination Plaintiff should be required to answer sensitive and highly personal questions if at all only one time Defendant can choose to delve into Plaintiffs medical psychiatric sexual and sexual abuse history and the like either in his deposition of Plaintiff or through Dr Halls examination but certainly not both Accordingly Plaintiff requests the entry of an order preventing duplicative questioning during same regarding personal and highly sensitive topics such as medical history psychiatric history sexual history social history sexual abuse history substance abuse history etc Case Document Entered on FLSD Docket Page of Lastly Dr Hall proposes that only he and Plaintiff be in the examination room DE Exhibit paragraph Given the nature of Plaintiffs allegations and the proposed scope of the examination Plaintiff is entitled to have in the room present with her a representative from the undersigneds office to ensure that Plaintiffs rights are appropriately safeguarded The mere presence of a representative from the undersigneds office would in no way interfere with Dr Halls ability to conduct his examination WHEREFORE Plaintiff C.M.A respectfully requests that this Court enter an order Prohibiting the proposed examination from going forward until after Plaintiff is discharged from the hospital and/or any nursing home/rehabilitation hospital Limiting the time for conducting the examination including any testing to a maximum of hours Limiting the scope of same to preclude Plaintiff from being subjected to repeated questioning on multiple occasions regarding personal and highly sensitive areas of inquiry including Plaintiffs medical history psychiatric history sexual history social history sexual abuse history substance abuse history etc and Authorizing the presence of a representative from the undersigneds office to with Plaintiff in the examination room Case Document Entered on FLSD Docket Page of CERTIFICATE OF COMPLIANCE WITH LOCAL RULE Counsel for the movant has conferred via e-mail with counsel for the Defendant regarding his position on the instant motion and has been informed that counsel for Defendant is not in agreement with any of the relief requested herein Isl Jack Hill CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August I electronically filed the foregoing document with the Clerk of Court using CM/ECF I also certify that the foregoing document is being served this day on all counsel of record identified below via transmission of Notices of Electronic Filing generated by CM/ECF sl.lack 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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