UNITED DISTRICT COURT SOUTHE-3.4RN DISTRICT OF FLORIDA JANE CAS-3.5E NO 93-CIV-MARRA/JOHNSON Plaintiff Vs JEFFREY EPST-4.5EIN et al Defendant Related Cases PLAINTIFF-4.6,-2.6 JANE DOE?S MOTION FO A PROTECT-5.1I-3.1VE ORDE-3.9R ENFORCING NO CONTACT-4.6 ORDER AND INCORP MEMORANDUM OF LAW Plaintiff Ja6ne Doe hereby joins in Jane Doe Nos motion fo6.3r a protecti7.4ve order Case No dkt prev enting defendant Epstein from attending her upcoming deposition and supplements the ar guments in support of the motion Epstein?s-5.6 c-5.6ounsel informed J-5.6ane counsel that Epstei plans to attend her upcoming deposition As a convicted offender-7.8 now on post-sentence release,-8 Epstein?s transparent purpose in attending the deposition is to attempt to inti7.3midate and harass Jane Doe sitting a few feet away from her Regardless of motivation,-7.6 however such action is forbidden by th no-contact order of the state judge who sentenced him not to mention a paralle-4.1l from this Court Accordingly this Court should res-5.6pect that state cour judgment and enter a protecti ve order forbidding Epstein Case Document Entered on FLSD Docket Page of CASE NO from being in the same oom with Jane Doe dur ing the deposition Jane Doe no objection to him observing the deposition vi a video-camera and assi sting his attorneys-5 without coming into contact with Jane Doe BACKGROUND Jane Doe incorpor-7.8ates and adopts the fa cts set forth in the pending motion a protective order file by Jane Does Jane Doe supplements those facts with the following facts On June Jeffrey Epstein pled guilty to one co unt of procuring a person under for prostitution and one count of felony solicitation to prostitution before the Circuit Court of the Fifteent Judicial Circuit in and for Palm Beach County Florida.-7.6 He was sentenced to months in jail In the course of the plea/sent-7.3enci ng c-5.3o.9lloquy Palm-7.3 Beach Cir-7.3cuit Court Judge Deborah Dale Pucillio explic-5.3itly instructed Defendant as follows Court Oka6y-.2 Item is you shall not have any contact with the victim is there more than one victim Ms Belohlavek There?s several Court Several all of the victims So this should be plural I?m making that plural You are not to have any contac direct or indirect and in this day and age I find it necessary to go over ex actly what we mean by indirect By indirect we mean no text messages no e-mail no Face no My Space no telephone no voice mails no messages through carrier pigeon no messages through third parties no hey would you tell so and so for me no having friend acquaintanc-5.2e or stranger approach any of these victims with a message of any so rt from you is that clear Jane Doe?s have filed an affidavit of Dr Kliman attesting to the psychological harm that they w6.9ill suffer if Epstein is allo-4.4wed to intimidate them by attendin-4.3g.7 their depositio-4.4n Jane Doe is prepared to file an parallel affida vit from a similarly qua lified psyc-5.2hologist if the court believ-5.2e1s that such an affidavit is necessary Case Document Entered on FLSD Docket Page of CASE NO Defendant Yes ma?am Transcript of Plea Conference at Read in context Judge Puc-5.3i1.9llio was re f-7.5e.9rring to all victims of sex offenses committed by defendant Epstein whose names were listed in a doc-4.6ument that has been described as an appendix to a non-prosecution agreement with the United States Attorney?s Office for the Southern District of Florida Jane Doe is listed in that-7.6 document The iss-5.4ue of the breadt of the no cont-7.1act order has previously been before this Court Several of the plaintiff/victims with suits pending agains Epstein before this4.6 Court filed a motion for an order pr ohibiting defendant-7.7 or his agents from communicating with them directly or i ndir-7.5e.7ctly Epst-7.7ein oppos-5.5ed the requests needless unwarranted and exce ssive Dkt at This Court however firmly overruled Epstein?s-5.5 objections This Court entered its own additional no-co ntact order ruling In light of Defendant?s response to Pl aintiff?s motion for no contact order suggesting that the stat court?s order only applies to some victims and that parties are always allowed to ontact each other directly the Court-7.4 finds it nec-5.3essary to state clearly that Defendant is under this court?s order-7.3 not to have direct or indi rect contact with any plai ntiffs regardless of the intended sc-5.4ope of the state court court?s order Order Dkt at In spite of two separate court or ders from a state and federa-4l2.1 court barring direct and indirect contact by Eps-5t-2.2ein with the victims in this ca se on August counsel for Epstein sent a letter to counsel for Jane Doe that stated Case Document Entered on FLSD Docket Page of CASE NO Please be advised that Mr Epstein plans to be in attendance at the deposition of your clients He oes not intend to engage in conversation with your-7 clients Howeve it is certainly his right a party defendant in the lawsuit to be present and to assist counsel in the defense of any case See Exhibit A Letter from Robert Critton Jr to Brad Edwards Esq Aug As counsel for Epstein knew when sending the letter on August undersigned counsel had serious back surgery scheduled for the next day August On August undersigned counsel had the back surgery performed and was the hospital for the next two day-5.3s He hen returned home and remained under medication for the following week preventi ng him from attending to matters pertainin-3.5g to this or any other case On September undersigned counsel was able circulate the letter from counsel for Epstein to other members of he legal team working on this case leading to this pl eading three days later ARGUME-3.5N1.7T Doe Nos through have expl ain-4.6ed at length why Epstein has no right to attend the upcoming de position the victim-7.2s in this and why doing would lead to psychological harm to the vi6.9ctim In the interests of brevity Jane simply relies on those arguments as well Doe has one additi onal argument to presen For this Court to authorize Epstein to at-7.6tend the deposition of Jane oe would violate the right-7.3 of a stat-7.3e court judge to set conditions of a state crim inal judgment As noted above Judge Pucillio has ruled that Epstein is not to have any contact direct or indirect with Jane-8.9 Case Document Entered on FLSD Docket Page of CASE NO Doe Obviously the no contact order woul bar Epst-7.7ein from sit-7.7t ing a few feet away-5.6 from Jane Doe in a deposition Sitting next to Jane Doe at the deposition certainly amount to contact with Jane Doe For example Epstein presumably intends-5.4 on making eye contact with Jane Doe at her deposition Epstein 1320would 1325apparently read the no contact order as allo-4.3wing him to do anything to Jane Doe exc-5.1ept to talk to her or touch her This bizarre reading would undermine all of Florida rules designed to phy-5sically sep-3.9a1.2rate persons via no contact orders See e.g LORIDA UL-8.1ES ORM standard motion for injunction in a domesti violence case containing no contact provision For exam)-7.4ple it would allow th abusive boyfriend of a woman s-5.1ubject to a no contact order to walk a few feet away from the woman stare her in the eye and argue that merely bec-5.2ause he had not talked to her had not had contact The law does not take such an absurdly narrow vi ew of what amounts to contact See e.g RYAN A LAC6.1K AW I-5.8C1.9TIONARY th ed defining no contact order as the same as a stay-away order?-7 and noting hat a stay-away order usually-5.1 prohibits-5.1 the defendant from coming within a certain number of feet of the victim?s hom-7.4e school work or other specific place RE EV TA5.5T defining contact in anti stalking statute as coming into the visual or physical presence of the other person State Maxwell P.2d Or App a ffirming criminal conviction violation a no contact order where defendant had merely come into the visual-7.9 presence of his ex-girl friend Case Document Entered on FLSD Docket Page of CASE NO 1140Judge Puc-5.7illio?s order-7.7 should not be im plicitly altered by actions-5.6 of this federal court In Younger Harris U.S the Supreme Court counseled federal courts to avoid litigati ng matters properly before the st ate courts in state criminal proceedings The Court explained that federal should not act to restrain criminal pr-7.4osecution when the moving par-6.9ty has an adequate remedy at law Id at This Younger doctrine is an important one that derives from th vital considerations of comity between the and national gov-5.5e.7rnments Foster Children Bush F.3d th Cir Epstein?s-5 1325transparent 1320stra tegy before this Court is to obtain a ruling that he is permitted to attend the depos-5.5ition He wil then use that ruling of this Court as a defense to any claim in state court that he has violated the no contact requirement of the criminal judgment See e.g Michael State So.2d Fla violation of a no contact c-4.7ondition has to be willf-7ul to be punished In short he is using litigation in federal court to effectively alt-7.4e1r the judgment entered against him when he pled guilty to a state sex offense If Epstein suddenly and ge nuinely found some reas on that he needs to attend the depositi on of Jane Doe and believes that Judge Pucillio?s order unduly unfairly restricts his ability to do so he is fr ee to take up the matter with Judge Pucillio Unless and until he does so he State of Florida obv-5.4iously has a compelling interest in enforcing its criminal judgment barring Epst ein a convicted sex offender from Epstein has not shown any interest in any other depositions that have been held in this case and has not attended any other depositions Case Document Entered on FLSD Docket Page of CASE NO having contact with his victims Accordin gly this Court should give ef-7.5fect to the state court judgment by entering a protective order CONCLUS-2.3ION The Court should enter a protective or der precluding defendant Epstein from-7.6 attending her upcoming depositi on but allowing him to view the de-4.6position videocamera and providing assistance to his ounsel outside of the room in which the deposition is being taken DATED this 11th day of September Respectfully Submitted Bradley Edwards Bradley Edwards ROTHST-5.3EIN ROSENFELDT Las Olas City Centre East Las Olas Blvd Suite Fort Lauderdale Florida Telephone Facsimile Florida No E-mail bedwards rra-law.com and Salt 2720Lake 2720City Telephone:-7.7 Facsimile:-7.7 E-Mail 110cassellp law.utah.edu Case Document Entered on FLSD Docket Page of CASE NO CERTIFICATE OF SERVICE HEREBY CERTIFY that on September I electronically filed the foregoing document with the Clerk of the Court using CM/ECF I also certify that the foregoing document is being serv-5.5ed this on all parties on the attached Service List-7.7 in the manner specified eit her via transmission of Notices of Elec-5.2tronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically iled Notices of Electronic Filing Bradley Edwards Bradley Edwards SERVICE LIST Jane Doe Jeffrey10.8 Epstein United States District Court Southern District of Florida Jack Alan Goldberger-7.5 Esq Jgoldberger agwpa.c-5.1o1.1m Robert Critton Esq rcritton bclcla-4.3w.com Isidro Manual Garcia isidrogarcia bells-5.2outh.net Jack Patrick Hill iph searc-5.7y-.7law.com Katherine Warthen Ezell KEzell podhurst.com Michael James Pike MPike bclclaw.com Paul Cassell cassellp Case Document Entered on FLSD Docket Page of CASE NO Richard Ho-4.5race Willits-5.7 lawyerswillits aol.com Robert Josefsberg rjosefsberg podhurst.com Adam Horowitz ahorowitz-5.6 5sexabus-5.6eattorney.com Stuart Mermelstein-4.1 ssm sexabuseattorney.com William Berger wberger rra-law.com Case Document Entered on FLSD Docket Page of DOE EPSTEIN Case No EXHIBIT A Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of BURMAN CRITTON LUTTIER co LEMAN up YO RUS TE ADVOCATES MICHAEL BURMAN P:A GREGORY CO EMAN A RO!IERT CRI TT QN JR A BERNARD EllfUl:-K ER MAR Luni tit P.A HFRl:Y PIN MICHAEL PIKE HEATHER MCNAMARA RUDA DAVID VAR.EMA FL ORIDA CERr1mo CIV IL TR IA l.AWY ADM I TTED TO PRACT I CE IN LO RJDA AND COLORADO Sent by E-mail and U.S Mail Brad Edwards Esq Rothstein Rosenfeldt Adler East Las Olas Boulevard Suite Fort Lauderdale FL Re Doe pstein L.M Epstein E.W Epstein Dear Brad A lH LIAB ILI TY PARTNERSH IP AbELO I ENAVENTE RAI.EGAI./INVESTIGATOR ES SICA CADWE BOl JllE MCKENNA ASH LI STOl EN ARING BE TTY STO ES PARALEGALS IT A BUDNYK OF COUNSEi RI CC I ECIAL CONSUMER JUST I CECoUNSE Please be advised that Mr Epstein plans to in attendance at the deposition of your clients He does not intend to engage in any conversation with your clients However it is certainly his right as a party defendant in the lawsuit to be present and to assist counsel in the defense of any case RDC lz cc Jack A Goldberger Esq BANY AN BOULEVARD SUITE ST PALM BEA 1i fL HONE S6 FAX MAIL BCL CLAW.CO BCLCLAW.COM
