Case Document Entered on FLSD Docket Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CIV-80119-MARRA/JOHNSON JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant Related cases I Defendants Sur-Reply In Connection With Plaintiffs Jane Does Motion For Protective Order DE and Reply DE With Incorporated Memorandum Of Law And Pursuant To This Courts Order DE Defendant JEFFREY EPSTEIN Epstein or Defendant by and tlnough his undersigned attorneys hereby files his Sur-Reply In Connection With Plaintiffs Jane Does Motion For Protective Order DE and Plaintiffs Reply DE With Incorporated Memorandum Of Law And Pursuant To This Courts Order DE In support Mr Epstein states as follows I Introduction Argument Plaintiffs have attempted to prevent discovery relating to their medical psychological criminal and employment histories as well as their general backgrounds Now Plaintiffs wish to prevent Epstein from investigating the very claims they assert against him by asking this court to stop Epsteins defense team from learning information about the Plaintiffs that would contradict their claims and the damages they seek to Case Document Entered on FLSD Docket Page of recover In an attempt to halt any investigation Plaintiffs claim they have great fear and concern of their identities being disclosed as Epsteins victims however they do not state that investigators are identifying them as said victims or identifying them with Jeffrey Epstein emphasis added DE Notably Plaintiffs have several preexisting and diagnosed conditions for which they now attempt to pawn off on Epstein in an effort to increase their damages See infra For instance prior to any of their alleged encounters with Epstein certain Plaintiffs have been raped sexually abused molested and physically and verbally abused See iefra Some of them have been diagnosed with post traumatic stress disorder or obsessive compulsive disorder and some have suicidal thoughts and/or have attempted suicide on more than one occasion Moreover some of the Plaintiffs have witnessed close friends or family members commit suicide While the above incidents are nothing less than tragic the impact of those incidents on each of the Plaintiffs must be taken into consideration with the claims they make and the damages they seek from Epstein Certainly this court cannot expect or force Epstein to accept what Plaintiffs choose to provide at deposition or what they filter through discovery without further investigation Requiring Epstein to do so would be tantamount to giving the Plaintiffs the key to the bank in that Epstein will not be afforded the right to investigate the claims made against him Plaintiffs delay tactics are largely out-of-control in that same have delayed the timely progress of this case and resulted in several unnecessary discovery motions and judicial resources Plaintiffs continue to attempt to prevent discovery at every turn and their next step will likely be to prevent Epstein from participating in Case Document Entered on FLSD Docket Page of depositions in com1ection with the cases that Plaintiffs have filed against him a Plaintiffs Reply Memorandum In Support Of Their Motion For Protective Order On August Plaintiffs filed their Reply Memorandum in Support of Motion for Protective Order DE Plaintiffs claim in their Reply that it would be of little relevance as to whether Plaintiffs gave older-rich guys massages for money and as such Defendants investigators should be precluded from learning that information all together DE Is Plaintiffs counsel serious Plaintiffs seek damages for allegedly giving massages that purportedly transformed into a sexual assault Is it not relevant whether Plaintiffs have given massages or massages of a sexual nature for money in the past Will that not lead to the discovery of admissible evidence Is it not relevant whether Plaintiffs bragged to others about making money for allegedly giving older men massages whether they worked in the proverbial jack shack and whether they convinced their friends to do the same Assuming Plaintiffs provided massages of a sexual nature to older men for money and that they did work in jack shacks and/or as prostitutes that information is relevant to this action in that Plaintiffs are seeking millions of dollars for psychological injuries which may have been caused by acts other than those allegedly caused by Epstein This is a civil case and consent goes to the heart of Plaintiffs damages claims If Plaintiffs were promiscuous and prostituted themselves out for money does this court believe that Plaintiffs would provide Epstein with that information in an effort to prove his affirmative defense of consent or to limit Plaintiffs damages Personal injury cases and the damages Plaintiffs claim are disproved everyday by virtue of investigation and surveillance Here Plaintiffs seek millions of dollars in personal injury Case Document Entered on FLSD Docket Page of damages for among other things confusion shame humiliation embarrassment and severe psychological and emotional injuries See Amended Complaint As such Epstein is permitted to conduct the appropriate investigation to determine whether other events in the Plaintiffs lives have caused their psychological problems separate and apart from what they alleged in their respective Complaints As such this court should not allow Plaintiffs to hide behind the cloak of their allegations in an effort to prevent discovering their true backgrounds and thus disproving the claims they allege against Epstein in these civil cases Next Plaintiffs claim they are worried about their identities being revealed by Epsteins investigators however the declarations cited below do NOT state that Epsteins investigators have affiliated Plaintiffs with Jeffrey Epstein revealed that they are alleged sexual battery victims or that Plaintiffs initiated specious civil lawsuits against Jeffrey Epstein Moreover several third-party subpoenas have been served and Plaintiffs counsel has filed Cross-Notices of those Non-Party Depositions on individuals without redacting Epsteins name Plaintiffs counsel has not complained to their colleagues about taking such an approach Is it Plaintiffs counsels contention that when they depose third parties they will never identify Jane Doe or associate them with Epstein How else will Plaintiffs prove their damages Clearly Plaintiffs seek only to limit Epsteins discovery not their own After the filing of the Reply Plaintiffs filed new declarations In particular Plaintiffs attach to or cite in their Reply the declaration of Jane Doe dated Epsteins investigators have thus far taken a conservative investigative approach However that is not to say that a more aggressive investigative approach relative to the very claims Plaintiffs allege is improper so long as Epsteins investigators remain as they have professional How else is Epstein going to learn the veracity of the allegations Plaintiffs allege against him Case Document Entered on FLSD Docket Page of August the declaration of Jane Doe dated August and the declaration of Jane Doe 4s sister Y.B.s declaration dated August Once again none of the declarations provide that Epsteins investigators have identified them as alleged sexual assault victims or affiliate them in anyway with Jeffrey Epstein i The Declaration of Jane Doe Number As to Jane Doe declaration investigators interviewed her former boyfriend Preston Vinyard by telephone Mr Vinyard commented that he knew the investigators wanted information about Jane Doe without the investigators even mentioning Jane Does name Importantly Jane Doe provided Mr Vinyards name to her expert Gilbert Kliman M.D In fact she stated in the interview with Dr Kliman that Mr Vinyard was not a good influence on her and that he was an alcoholic See Exhibit A In addition on a battery report was filed involving Jane Doe and Mr Vinyard in reference to an argument where he grabbed her by the neck and began spitting on her and calling her a cheater Jane Doe also tried to bite Mr Vinyard See Exhibit Next a repeat domestic violence case was filed on and was closed on a Final Judgment for Protection Order on Apparently Mr Vinyard was physically and verbally abusive to Jane Doe Number See Exhibit On an Order of Protection was issued against Vinyard and was enforce until See Exhibit Mr Vinyard was also arrested on and charged with reckless driving and leaving the scene of an accident with damages after he and Jane Doe hit a tree and fled the scene after leaving a party See Exhibit On I officers entered Jane Doe 4s home in connection with a disturbance between her and Mr Vinyard Officers found Jane Doe without a top on and advised her to get dressed Case Document Entered on FLSD Docket Page of however she kept yelling at police demanding that they leave her house See Exhibit On Mr Vinyard was arrested for violation of domestic violence injunction order for repeat violence against Jane Doe Apparently Jane Doe and Vinyard were arguing in a cab over not having money to pay the fair and Mr Vinyard hit Jane Doe See Exhibit In addition Jane Doe Number advised Dr Kliman that her boyfriend Chris died in a car accident involving a DUI and her best friend Jen died in an automobile accident involving drinking See Exhibit In Jane Doe sought counseling because of a dysfunctional home situation particularly with her father Finally Jane Doe described herself as angry bitter disliking herself depressed and having problems with her body image all pre-Epstein See supra Clearly Mr Vinyard is a person Epstein is entitled to interview by and through his investigators Mr Vinyard was contacted and he provided information to Epsteins investigators The telephone interview lasted approximately minutes and Mr Vinyard ended the telephone call and offered to call investigators back To date Mr Vinyard has not contacted the investigators ii The Declaration of Y.B Jane Doe 4s Sister On August at approximately p.m investigators visited with Y.B and her husband at their Port St Lucie address Epsteins investigators announced that they wished to speak to Y.B about Jane Doe and provided Y.B a state issued private investigators license and business card Y.B stated that she would have to speak to Jane Doe before discussing anything with the investigators Y.B appeared more concerned with how investigators obtained her public address because Y.B thought Case Document Entered on FLSD Docket Page of her address was non-public due to her husbands position of employment which appeared to be with a particular fire department Investigators asked to discuss her sister Jane Doe however at approximately p.m Y.B abruptly ended the conversation and led her husband back inside the home Nothing further was discussed and nothing was revealed during this nine minute conversation i The Declaration of Jane Doe Jane Doe 7s declaration is telling First she lists several questions that investigators allegedly asked three of her friends a Was she promiscuous in high school What was her reputation in high school How many guys has she been with Did she date older rich guys Did she give massages for money and Who were her friends in high school and what is their contact information Clearly the above questions are basic background questions and cannot be limited without violating Epsteins constitutional due process rights to defend himself Next Jane Doe claims that investigators mentioned Haley Robson but fails to state what references were made relative to Haley Robson Is it Jane Doe 7s contention that investigators cannot ask others whether they ever heard of Haley Robson Such a contention would be silly given the fact that Jane Doe herself makes allegations regarding Haley Robson in paragraph of her Amended Complaint Therefore it is imperative know whether Jane Doe ever spoke about Haley Robson and if so what did Jane Doe say about Haley Robson Moreover Haley Robsons Case Document Entered on FLSD Docket Page of affidavit tells a different story that is Jane Doe approached her at a local bar and discussed Jeffrey Epstein with her in a public forum i.e Jane Doe discussed her lawsuit with Haley Robson in public with others See Exhibit I Robson Affidavit Even so an elementary review of the alleged questioning by the investigators as set forth in Jane Doe declaration shows that same is relevant and may lead to the discovery of admissible evidence Surely Jane Doe is not being heard to argue that information concerning Haley Robson is not relevant to this action when her complaint makes allegations to the contrary Moreover on October Jane Doe gave a taped interview to the police under oath which directly conflicts with the allegations in her Amended Complaint Exhibit In that police interview Jane Doe stated a that she was introduced to Epstein by Haley Robson that she went to Epsteins home with Haley Robson the first time that she gave Epstein a massage with her clothes on the second time she visited the home that she only went to Epsteins home times that when she massaged Epstein he was not naked and he never removed his towel that she did not touch his private areas and he did not ask her to do same that he did not touch her in her private areas and that after the second trip to the home she never went back Contrast the above with the allegations in the Amended Complaint a Paragraph during the first massage Epstein sexually assaulted her and masturbated Paragraph Jane Doe returned on many occasions to the Palm Case Document Entered on FLSD Docket Page of Beach mansion to provide Epstein with massages for money On those occasions Epstein engaged in sexual contact and activity with Jane which included among other things Epstein touching her breasts placing a vibrator on her vagina and masturbating himself This sexual abuse continued over a period of approximately to months In her answers to interrogatories Jane Doe states that she went to the Palm Beach Mansion to times and that she brought friends on separate occasions and was paid per friend each of which directly conflicts with the statement she gave to police See supra As to Dr Kliman Jane Doe told him that she came back to the home for a second massage with Epstein and Epstein asked if he could see her bra and asked questions regarding her sex life She also told Dr Kliman that during this second massage she took her shirt off gave him a massage in her bra and that he masturbated under a towel She also stated that she believes she visited Epstein times and that the last time or one of the last times she went there Epstein was aggressive grabbed her butt tried to feel parts of her body pulled her bra down exposed her nipples and touched her breasts which once again is in direct conflict with what Jane Doe told police under oath Based upon the foregoing it is clear that the basic questions asked of the three non-parties were relevant and reasonably calculated to lead to the discovery of admissible evidence Moreover whether any of the individuals ever heard of Haley Robson by and through Jane Doe is also relevant in that any information obtained may also lead to the discovery of admissible evidence which may contradict the allegations Jane Doe has made against Epstein much like Jane Doe contradicts herself in the statements she made to police and the allegations she subsequently made in the Amended Case Document Entered on FLSD Docket Page of Complaint iv The Declaration of Jane Doe Jane Doe 6s declaration requests that Epstein not speak to Jane Does former employers relative to her background However Jane Doe 6s background is directly relevant to this action and the damages she seeks to recover from Epstein For instance according to interrogatory answer number Jane Doe was diagnosed with PTSD following a car accident in On Jane Doe witnessed a friend enter a green transformer box play with the wires and electrocute himself See Exhibit On Jane Doe 6s mother made a child abuse report and advised police that Jane Doe and her father had been smoking marijuana together since she was See Exhibit Jane Doe 6s mother told police that she tried to help Jane Doe by placing her in Growing Together Treatment Program on and by having her Baker Acted on See Exhibit Then on Jane Doe and her then boyfriend James Sullivan got into an argument and he went out into the street and put a gun to his head and killed himself See Exhibit On Jane Doe pled guilty to grand theft and burglary and she pled guilty and was sentenced to a day substance abuse program months community control and years probation See Exhibit On Jane Doe was arrested and on was ordered to undergo a mental health evaluation See Exhibit On she was ordered to days in jail and community control until with probation for years See Exhibit On August she was arrested for possession of drug paraphernalia and violated her probation See Exhibit Based upon the foregoing and the allegations in the Amended Complaint Case Document Entered on FLSD Docket Page of investigating Jane Doe 6s background is directly relevant to this action as it relates to her medical psychiatric social and family histories and the damages she seeks to recover Brief Conclusion Here the number and scope of damages claimed are vast Preventing Epstein from investigating this case and the claims made concerning some of the pivotal issues in this case would work an injustice by preventing Epstein from being able to defend himself Even the ASAO contemplated that Epstein could fight the damages portion of a lawsuit which means that of course he would be entitled to depositions of course he would be entitled to take discovery and investigate claims See Exhibit pp June Transcript Wherefore Epstein requests that this court enter an order denying Jane Does Motion for Protective Order which seeks to prevent Epstein from investigating the claims made against him and the individual Jane Does that make thos for such other and further relief as this court deem just and proper Case Document Entered on FLSD Docket Page of Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF I also certify that the foregoing document is being served this day on all counsel of recwd identir following Service List in the manner specified by CM/ECF on this IP day of CRITTON JR ESQ Florida Bar No rcrit bclclaw.com MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Flagler Drive Suite West Palm Beach FL Phone Fax Counsel for Defendant Jeffrey Epstein Case Document Entered on FLSD Docket Page of 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 sexabuseattomey.com ahorowitz sexabuseattomey.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 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.MA 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 ProHac Vice South Room Salt Lake City UT Fax cassellp law.utah.edu Co-counsel/or 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 Robert Josefsberg Esq Katherine Ezell Esq Podhurst Orseck P.A West Flagler Street Suite Miami FL Fax riosefsberg podhurst.com kezell podhurst.com Case Document Entered on FLSD Docket Page of 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 Leopold-Kuvin P.A PGA Blvd Suite Palm Beach Gardens FL Fax Counsel for Plaintiff in Related Case No skuvin riccilaw.com tleopold riccilaw.com Counsel for Plaintiffe in Related Cases Nos and Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian A venue South Suite West Palm Beach FL Fax jagesg bellsouth.net Counsel for Defendant Jeffrey Epstein
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