Case Document Entered on FLSD Docket Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CV-80119-MARRA-JOHNSON JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant I Related Cases I Fl LED by D.C OCT STEVEN LARIMORE CLERK U.S DIST CT S.D OF FLA W.P.B DEFENDANT EPSTEINS EMERGENCY RESPONSE IN OPPOSITION TO PLAINTIFFS JANE DOE SECOND MOTION FOR PROTECTIVE ORDER WITH INCORPORATED MEMORANDUM OF LAW Defendant Jeffrey Epstein by and through his undersigned counsel and pursuant to all applicable rules including Local Rule hereby files and serves his Response In Opposition To Plaintiffs Second Motion For Protective Order DE With Incorporated Memorandum Of Law In support Epstein states Introduction and Background As this Court is well aware Plaintiffs continue to prevent discovery As such several Motions Responses and Replies have been unnecessarily litigated and these cases have been unnecessarily delayed by Plaintiffs One of the Plaintiffs has taken various positions only to abandon those positions after extensive briefing thereby resulting in substantial delay Other Plaintiffs have taken the Case Document Entered on FLSD Docket Page of Page position that Independent Medical Exams must be limited in scope which is contrary to what this court has already ruled DE In this particular case Jane Doe requests that this Court enter an order preventing Epstein from being in attendance at her deposition set for October Without jeopardizing the substance of certain Motions Responses and Replies currently pending before this Court on the same subject matter Jeffrey Epstein will agree to the following in an effort to move this particular case forward a That Epstein will not be in attendance at the deposition That Epstein will view the deposition from a video-feed in a separate room on the th floor of the building located at Australian Ave South Suite West Palm Beach Florida Plaintiff will be responsible for the associated costs of the video-feed as another Plaintiff agreed to do without incident That Epstein will arrive at the building hour before the deposition is set to begin at a.m on the above date That Jane Doe 4s attorney will contact Epstein attorney by cellular telephone upon their arrival and at that time Epstein will be in the room where the video-feed monitor is located That once the deposition is over Epstein will remain located in the room where the video-feed monitor is located until such time as Jane Doe and her attorney have exited the building which her attorney will confirm by cellular telephone with the undersigned Plaintiffs counsel offers an absurd sanction i.e if Jeffrey Epstein ever comes within sight of Jane Doe Epstein waives the right to take her deposition in this lawsuit where Plaintiff CMA recently withdrew her Motion for Protective Order seeking to prevent Jeffrey Epstein from appearing at deposition Case Document Entered on FLSD Docket Page of Page Plaintiffs seek to recover millions of dollars Again a proposal that was offered by Plaintiff only to prevent and/or delay discovery The deposition is set to occur at the office of Prose Court Reporting located at Australian Ave South Suite Jeffrey Epsteins office is located on an entirely separate floor from Prose Court Reporting The location is neutral and convenient If Plaintiff wishes to absorb the costs of renting another room and paying for the video-feed costs Jeffrey Epstein will not object to same Epstein simply desires to move these cases forward and complete meaningful discovery In Mugrage Mugrage A.2d N.J the court reasoned that although the wife was in fear of her husband and was in good faith in asking that he be excluded and even though she ha been the victim of domestic violence in the past as well as protected by an existing order the court concluded that Mr Mugrage had respected the judicial process in the past and almost certainly would abide by the terms of any court order regulating his attendance at the deposition He has not violated past court orders and the court conclude that security concerns for her safety can be addressed in a carefully crafted protective order Therefore Ms Mugrage did not establish sufficient exceptional circumstances to justify excluding Mr Mugrage from her deposition in the matrimonial action Id at even when it is not appropriate to exclude the other party from the protected partys deposition a protective order can be crafted which would allow the other party to be present under the least restrictive conditions possible In an effort to move this case forward Epstein offers Jane Doe an even more restrictive setting for her deposition than what Mugrage prov1 es In addition Epstein offers a more restrictive setting than what is permitted under the law See Christian Rhode F.3d C.A Ariz See also Coy Iowa U.S S.Ct L.Ed.2d The Clause guarantees the defendant a face-to-face meeting with witnesses appearing before the trier of fact Id at S.Ct at This physical confrontation enhances the accuracy of fact Case Document Entered on FLSD Docket Page of Page Wherefore Epstein respectfully requests that this Court enter an order denying Plaintiffs Second Motion for Protective Order entering an order allowing for the above releif and for such other and further relief as this court deems just and proper 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 and hand delivery I also certify that the foregoing document is being served this day on all counsel of record identified on the following Service List in the manner specified by CM/ECF on this 22nd day of October ITTON 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 finding by reducing the risk that a witness will wrongfully implicate an innocent person Maryland Craig U.S S.Ct L.Ed.2d see also Coy U.S at S.Ct at A witness may feel quite differently when he has to repeat his story looking at the man whom he will harm greatly by distorting or mistaking the facts quoting Chafee The Blessings of Liberty The Confrontation Clause thus gives the defendant the right to be present and to confront witnesses giving testimony during a pretrial deposition where the deposition is intended for use at trial Don Nix F.2d 8th United States Benfield F.2d 8th Moreover McCormick on Evict th ed states in pertinent part that for two centuries common law judges and lawyers have regarded the opportunity of cross-examination as an essential safeguard of the accuracy and completeness of testimony They have insisted that the opportunity is a right not a mere privilege This right is available at the taking of depositions as well as during the examination of witnesses at trial See Anderson Snyder Conn A Helfferich Farley Conn.Sup A.2d Case Document Entered on FLSD Docket Page of Page 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 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 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 Jack Scarola Esq Jack Hill Esq Searcy Denney Scarola Barnhart P.A Counsel for Plaintiff in Related Case No Shipley Palm Beach Lakes Boulevard West Palm Beach FL Fax jsx searcylaw.com jph searcylaw.com Counsel for Plaintiff C.MA 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 Leopold Kuvin P.A PGA Blvd Suite Palm Beach Gardens FL Fax Counsel for Plaintiff in Related Case No Counsel for Plaintiffs in Related Cases Nos and Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian A venue South Suite West Palm Beach FL Fax agesq bellsouth.net Counsel for Defendant Jeffrey Epstein Case Document Entered on FLSD Docket Page of UNITED ST ATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CV-80119-MARRA-JOHNSON JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant I Related Cases I PROPOSED ORDER This matter came before the Court on Defendants JEFFREY EPSTEIN Emergency Response in Opposition to Plaintiffs Jane Doe Second Motion for Protection Order with Incorporated Memorandum of Law Having considered Defendants motion it is HEREBY ORDERED and ADJUDGED that a The deposition shall go forward on October Epstein will not be in attendance at the deposition Epstein will view the deposition from a video-feed in a separate room on the th floor of the building located at Australian Ave South Suite West Palm Beach Florida Plaintiff will be responsible for the associated costs of the video-feed as another Plaintiff agreed to do without incident Epstein will arrive at the building hour before the deposition is set to begin at a.m on the above date Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page Jane Doe attorney will contact Epstein attorney by cellular telephone upon their arrival and at that time Epstein will be in the room where the video-feed monitor is located Once the deposition is over Epstein will remain located in the room where the video feed monitor is located until such time as Jane Doe and her attorney have exited the building which her attorney will confirm by cellular telephone with the undersigned DONE and ORDERED this day of United States Magistrate Judge Courtesy Copies Counsel of Record
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