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 I Defendant Jeffrey Epsteins Motion To Compel Plaintiff Jane Doe 6s Independent Medical Examination Pursuant to Rule Defendant JEFFREY EPSTEIN hereinafter Epstein by and through his attorneys and pursuant to Fed Civ and other applicable rules hereby moves this Court for an order directing that the Plaintiff Jane Doe case submit to a compulsory psychological/psychiatric medical examination a/k/a independent medical examination by Ryan Hall M.D of Richard Hall M.D at the law firm of Burman Critton Luttier and Coleman LLP located at Banyan Boulevard Ste WPB Fl In support Epstein states Background This Court entered an order relating to the IME of CMA another Plaintiff seeking similar damages against Epstein See Exhibit A Given the damages claimed in this matter it is clear that Plaintiff has placed her medical condition at issue Case Document Entered on FLSD Docket Page of Page and that an IME is required Despite that fact and the fact that discovery has been consolidated Defendant is required to file a Rule Motion seeking an IME Thus the undersigned believes that an Omnibus Order is required relative to all Plaintiffs IMEs in that each claim similar damages and raise similar claims Such an order would conserve judicial resources and require that the attorneys only negotiate dates and times for said IMEs Nonetheless this particular Motion pursuant to Rule only addresses the IME of Jane Doe Plaintiff has alleged in her action that Defendant sexually battered her and as a result Plaintiffs seek millions of dollars in personal injury damages for among other things severe and permanent traumatic injuries including mental psychological and emotional damages See Amended Complaint DE Plaintiff Jane Doe also claims Epstein intentionally inflicted harmful or offensive contact on the person of Jane Doe creating reasonable fear of imminent peril and as a proximate result of Epsteins assault on Jane Doe she has suffered and will continue to suffer severe and permanent traumatic injuries including mental psychological and emotional damages kl at i,i Jane Doe further alleges that she suffered mental or sexual injury that caused or were likely to cause Jane Does mental or emotional health to be significantly impaired and Jane Doe has suffered and will continue to suffer severe mental anguish and pain kl at i,i In addition Jane Doe informed her expert Gilbert Kliman M.D that she doesnt drive is afraid to drive and does not hold a drivers license due to the fact that in on she was riding in a car with her mother and their vehicle was hit by a Case Document Entered on FLSD Docket Page of Page semi-truck In fact she stated in the interview with Dr Kliman that her mother was severely injured and the airbag burned off her face it burned part of her face Jane Doe was riding in the passenger seat of the vehicle See Exhibit According to Interrogatory answer Jane Doe was diagnosed will PTSD following the car accident In addition on March Jane Doe made a suspicious person report when an unknown male confronted her in her shed when she went out to do her laundry The male was standing there with her underwear in his mouth He fled and was never apprehended See Exhibit On August Jane Doe was alledgely battered by four girls who followed her home through the woods See Exhibit On November Jane Doe was in a fight with a girl over the girls boyfriend See Exhibit all pre-Epstein See supra Also on April Jane Doe witnessed a friend enter a green transformer box play with the wires and electrocute himself See Exhibit On April Jane Doe 6s mother made a child abuse report and advised police that Jane Doe and her father have been smoking pot together since she was thirteen years old See Exhibit Then on December Jane Doe and her boyfriend James Sullivan got into an argument and her went out into the street and put a gun to his head and killed himself See Exhibit Certainly Epstein is permitted to know and investigate through his IME expert whether Plaintiffs physical psychological mental and emotional damages were caused by other incidents in Plaintiffs life separate and apart from what she attempts to pawn-off on Epstein in her attempt to recover millions of dollars Case Document Entered on FLSD Docket Page of Page semi-truck In fact she stated in the interview with Dr Kliman that her mother was severely injured and the airbag burned off her face it burned part of her face Jane Doe was riding in the passenger seat of the vehicle See Exhibit According to Interrogatory answer Jane Doe was diagnosed will PTSD following the car accident In addition on March Jane Doe made a suspicius person report when an unknown male confronted her in her shed when she went out to do her laundry The male was standing there with her underwear in his mouth He fled and was never apprehended See Exhibit On August Jane Doe was alledgely battered by four girls who followed her home through the woods See Exhibit On November Jane Doe was in a fight with a girl over the girls boyfriend See Exhibit all pre-Epstein See supra Also on April Jane Doe witnessed a friend enter a green transformer box play with the wires and electrocute himself See Exhibit On April Jane Doe 6s mother made a child abuse report and advised police that Jane Doe and her father have been smoking pot together since she was thirteen years old See Exhibit Then on December Jane Doe and her boyfriend James Sullivan got into an argument and her went out into the street and put a gun to his head and killed himself See Exhibit Certainly Epstein is permitted to know and investigate through his IME expert whether Plaintiffs physical psychological mental and emotional damages were caused by other incidents in Plaintiffs life separate and apart from what she attempts to pawn-off on Epstein in her attempt to recover millions of dollars Case Document Entered on FLSD Docket Page of Page4 Furthermore it is important for this court to review the detailed Affidavit of Dr Hall attached hereto in that it delineates for the Court several experiences visited upon Jane Doe which may have caused the physical emotional and psychological trauma she claims occurred at the hands of Epstein See Affidavit of Dr Hall Attached hereto as Exhibit I Based upon the foregoing it is clear that Jane Doe has placed her physical emotional medical and psychological conditions at issue Therefore an IME is warranted Without an IME Epstein would be severely prejudiced The Affidavit of Dr Hall clearly sets out the IME and scope of the examination that must be conducted See also the curriculum vitae of Dr Ryan See Exhibit The examination is set to occur at the undersigned office on November or whichever is more convenient for Plaintiff or whichever date the court so orders Plaintiff has not provided dates for the IME however out of abundance of caution and to comply with the applicable rule Defendant has on a unilateral basis set same pending the outcome of this Motion Obviously if the date noticed is not sufficient or agreeable the undersigned will renotice same for one of the four dates suggested however this Court must order same to occur As this court is well aware Plaintiff and Defendant are required to complete discovery under the Courts trial schedule It is not the undersigneds intention to require the court additional work however it is imperative that discovery be timely scheduled and completed The courts assistance is needed in this instance as to the IME Case Document Entered on FLSD Docket Page of Page Based upon the foregoing an IME of Plaintiff must occur in order to address her claims and the damages she seeks to recover The IME is expected to last between hours and the scope of same is set forth in the Affidavit of Dr Hall 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 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 See Exhibit attached outlining 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 also Affidavit of Ryan C.W Hall M.D outlining the scope of examination and other Rule requirements Accordingly this motion comports with Rule The applicable notice has been filed simultaneously Defendant will arrange for a videotape of the examination The undersigned is requesting the courts assistance with regard to compelling the IME of Plaintiff along with dates for same to occur Case Document Entered on FLSD Docket Page of Page Rule A Certification of Pre-Filing Conference Counsel for Defendant conferred with Counsel for Plaintiff by telephone and by mail however an agreement has not been reached WHEREFORE Defendant requests that this Court enter an Order a providing a date and time for Plaintiffs IME to occur on November or providing that the independent medical examination take place at a.m on a date to be determined by the court at the law firm of Burman Critton Luttier and Coleman LLP located at Banyan Boulevard 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 e7 st and proper Certificate of Service lj 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 recoe identifiet re following Service List in the manner specified by CM/ECF on this day of By ROBE RITTON JR ESQ Florid 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 Page Certificate of Service Jane Doe No Jeffrey Epstein Case No 08-CV-80119-MARRAIJOHNSON 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 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 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 Robert Josefsberg Esq Katherine Ezell Esq Podhurst Orseck P.A West Flagler Street Suite Miami FL Fax rjosefsberg podhurst.com kezell podhurst.com Case Document Entered on FLSD Docket Page of Page 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 Counsel for Plaintiffs in Related Cases Nos and Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Fax jagesg bellsouth.net Counsel for Defendant Jeffrey Epstein
