Case Document Entered on FLSD Docket Page of 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 ORDER THIS CAUSE is before the Court on Defendant Epsteins Emergency Motion For Independent Medical Examination of Plaintiff D.E For the following reasons said Motion is granted In this case which has been consolidated for purposes of discovery Plaintiffs are former under-age girls who allege they were sexually assaulted by Defendant Jeffrey Epstein Epstein at his Palm Beach mansion home The scheme is alleged to have taken place over the course of several years in or around when the girls in question were approximately years of age As part of this scheme Epstein with the help of his assistant Sarah Kellen allegedly lured economically disadvantaged minor girls to his homes in Palm beach New York and St Thomas with the promise of money in Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of exchange for a massage Epstein purportedly transformed the massage into a sexual assault The three-count Complaint alleges sexual assault and battery Count I intentional infliction of emotional distress Count II and coercion and enticement to sexual activity in violation of U.S.C Count Ill By the instant Motion Epstein seeks an order compelling Carolyn Margaret Andriano one of the Plaintiffs in the case to submit to an independent psychological/psychiatric medical examination by Ryan Hall M.D presently scheduled for September Andriano has agreed to submit to said exam but requests the Court impose certain restrictions Since the filing of the Motion the parties have managed to resolve some of the issues involved such as the proposed examinations time and date and Andrianos request to have a representative from her team present at said examination As for the latter issue Defendant has agreed to provide at his expense a video feed and monitor in an adjacent room for Plaintiffs representatives use The remaining issues involve Plaintiffs request for a court order limiting the scope of the proposed examination by disallowing repeated questioning regarding highly sensitive areas of inquiry including Plaintiffs medical history psychiatric history sexual history social history sexual abuse history substance abuse history etc.,and imposing certain time restraints on the examination itself Plaintiffs request to limit the scope of the examination is denied It is Dr See Pltffs Resp to Rep D.E Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of Halls routine procedure when conducting psychological/psychiatric medical examinations of patients to require the patient to fill out a 10-page Life History Questionnaire and a 14-page Patient Questionnaire Both questionnaires request detailed background information regarding past medical history psychiatric history social history work history and the like Presumably Plaintiff will be asked these same questions two more times first by defense counsel at Andrianas deposition scheduled to take place shortly and again by Dr Hall at the upcoming examination Plaintiffs objection is that by having to answer these same questions about the same subject matter three separate times would only serve to embarrass humiliate intimidate and further victimize Plaintiff Pltffs Resp D.E Plaintiffs position is that she should only be required to regarding past medical history psychiatric history social history work history and the like if at all only one time either during the deposition of Plaintiff or through Dr Halls examination but certainly not both Plaintiff cites no case law and independent research has uncovered none to support her novel position that a Plaintiff who puts her mental emotional and psychiatric state at issue can place a limitation on the number of times defense counsel or agents retained by him can inquire into areas relevant to these issues where the subject matter involved is highly personal embarrassing sensitive or otherwise humiliating Plaintiff is seeking millions of dollars in personal injury damages for among other things physical injury pain and suffering emotional Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of distress psychological trauma mental anguish humiliation embarrassment loss of self-esteem loss of dignity and invasion of her privacy Based on the allegations made in Defendants Reply Plaintiffs childhood was to put it mildly a difficult one with numerous episodes of child abuse and sexual abuse which in turn may of been the cause of Plaintiffs later engaging in numerous instances of substance abuse self-mutilation prostitution aggravated assault truancy and the like According to Defendant in Plaintiffs mother filed a case committing Andriano for a Petition for Involuntary Assessment for substance abuse stating in the accompanying file that Andriano has been diagnosed as Bipoloar and Schizophrenic Under these circumstances where Plaintiff is seeking to recover medical expenses associated with these complex medical issues full knowledge of Plaintiffs past and present medical psychological familial and social histories is essential And while neither duplication nor embarrassment is desired under the circumstances presented where the number and scope of damages claimed are vast and Plaintiffs past history eventful it may nonetheless be unavoidable This is not to say that restrictions on the scope of questioning may never be put into effect If as the case progresses Plaintiff can show that Defendants invasive questioning Plaintiff Andrianos First Am Compl Counts D.E As quoted in Defs Rep D.E from Palm Beach County Case Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of is being done in bad faith or for purposes of harassment the Court may reconsider imposing limitations of the sort requested herein At this point however the Court agrees with Defendant that to restrict the number of times defense counsel may ask Plaintiff personal and sensitive questions concerning some of the pivotal issues in this case would work an injustice by preventing Defendant from being able to defend himself The Court likewise rejects Plaintiffs request to limit the time for conducting the examination and any related testing to hours Dr Hall has filed an affidavit stating that he needs hours to conduct the examination and related testing and that anything less than that might result in compromising the test results Considering the counts alleged against Defendant as well as Plaintiffs event-filled past the amount of time sought does not appear unreasonable Should the length of time prove draining Plaintiff may take breaks as needed of reasonable duration Furthermore Defense Counsel and Dr Hall are hereby put on notice that while the Court has allowed the full hours requested for the examination and related testing should less time be needed the Court expects less time will be taken and in no event may the examination and related testing exceed a total of hours In accordance with the above and foregoing it is hereby ORDERED AND ADJUDGED that Defendant Epsteins Emergency Motion For Independent Medical Examination of Plaintiff D.E is GRANTED IN Affidavit of Dr Hall attached as Ex to Defendants Rep D.E Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of ACCORDANCE WITH THE TERMS HEREOF DONE AND ORDERED this September in Chambers at West Palm Beach Florida LINNEAR JO UNITED STA CC The Honorable Kenneth A Marra All Counsel of Record ON MAGISTRATE JUDGE
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