Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Case No.08-CIV-80119-MARRA/JOHNSON Epsteins Motion to Compel Presidential Womens Center to Comply with Subpoenas Duces Tecum Page of6 On November Jane Doe Nos and Plaintiffs served an Objection to Subpoena Duces Tecum Dated November Issued to Presidential Womens Center Objection attached as Exhibit In their Objection Plaintiffs argue that the subpoena is not reasonably calculated to lead to the discovery of admissible evidence and constitutes an invasion of the privacy rights of the plaintiffs Emphasis in original Plaintiffs also argue that there is no evidence that Plaintiffs had an abortion or were seen or treated at Presidential Womens Center See Exhibit Plaintiffs argument that the subpoena is an invasion of privacy rights should fall on deaf ears as the issue of whether Plaintiffs had abortions is directly relevant to their damage claims in this case This 1s yet another attempt by Plaintiffs to control discovery and insulate themselves and their witnesses by asking the Court to disallow discovery of information directly relevant and material to her damage claims on the basis that it may be an invasion of privacy rights However the Court has already ruled on a number of occasions that Plaintiffs past and present medical psychological familial and social histories is relevant and discoverable and goes to the heart of Plaintiffs damage claims a Plaintiffs attorneys sought to preclude the Epstein from serving third party subpoenas and allowing only Plaintiffs counsel to obtain those materials and filter them to defense counsel That motion was denied and the Court agreeing that Defendant is entitled to discovery related to the allegations in Plaintiffs complaints tailored a method such that the Epstein could obtain the records directly See DE at Abortions are known to cause emotional and psychological side effects such as relationship issues suicidal thoughts and feelings eating disorders depression anxiety regret anger guilty feelings shame onliness or isoloation impaired self confidence insomnia or nightmares See http://w.americanpregnancy.org Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Case No.08-CIV-80119-MARRNJOHNSON Epsteins Motion to Compel Presidential Womens Center to Comply with Subpoenas Duces Tecum Page of6 Under these circumstances where Plaintiff is seeking to recover expenses associated with these complex medical issues full knowledge of Plaintiffs past and present medical psychological familial and social histories is essential See DE at As a global matter Plaintiffs clearly and unequivocally place their sexual history in issue by their allegations that Epsteins actions in this case has negatively affected their relationships by among other things distrust in men sexual intimacy problems diminished trust social problems problems in personal relationships feelings of stress around men premature teenage pregnancy antisocial behaviors and hyper sexuality and promiscuity Considering these allegations there simply can be no question that Epstein is entitled to know whether Plaintiffs were molested or the subject of other sexual activity or lewd and lascivious conduct in order to determine whether there is an alternative basis for the psychological disorders Plaintiffs claim to have sustained To deny Epstein this discovery would be tantamount to barring him from mounting a defense See DE at The Court agrees with Epstein that all of the foregoing issues which included multiple aborted pregnancies are directly relevant to Plaintiffs damage claims and credibility See DE at Information related to any abortions Plaintiffs had directly impacts Plaintiffs damage claims and may provide an alternative basis for the psychological disorders Plaintiffs claim to have sustained See DE at Indeed Jane Doe No who is represented by counsel for Jane Doe Nos and yet notably absent from the instant Objection testified that three abortions she had caused her more emotional trauma than her encounters with Mr Epstein See Deposition of Jane Doe No at see also fn supra Last Plaintiffs argument that these subpoenas are a shot in the dark attempt to obtain discovery is also unpersuasive Presidential Womens Center is the primary if not the only facility in Palm Beach County that performs abortions If Plaintiffs had an abortion in Palm Beach County it was most likely at Presidential Womens Center Moreover Jane Doe No Ss medical records indicate she had four pregnancies and two abortions See record Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Case No 08-CJV-80119-MARRA/JOHNSON Epsteins Motion to Compel Presidential Womens Center to Comply with Subpoenas Duces Tecum Page of6 for Institute for Womens Health Body attached as Exhibit Thus it is clear the subpoenas are reasonably calculated to lead to the discovery of admissible evidence For the foregoing reasons the Court should overrule Plaintiffs Objection grant the instant Motion and compel Presidential Womens Center to respond to the subpoenas WHEREFORE Epstein respectfully requests the Court deny Plaintiffs Objection grant the instant Motion and compel Presidential Womens Center to Respond to the subpoenas duces tecum attached to this Motion as Composite Exhibit A within ten days of the Courts order and grant any additional relief the Court deems just and proper Rule Certification I hereby certify that counsel for the respective parties communicated via telephone in a good faith effort to resolve the discovery issues prior to the filing of this motion to compel 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 record identified on the following Service List in the manner specified by CM/ECF on this nd day of December Respectfully submitted By Michael Pike ROBERT CRITTON JR ESQ Florida Bar No rcrit bclclaw.com MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Banyan Blvd Suite West Palm Beach FL Phone Fax Counsel for Defendant Jeffrey Epstein Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Case No 08-CIV-80119-MARRA/JOHNSON Epsteins Motion to Compel Presidential Womens Center to Comply with Subpoenas Duces Tecum Page of6 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 Jack Scarola Esq Jack Hill Esq Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach FL Fax i sx searcylaw.com iph searcylaw.com Counsel for Plaintiff C.MA Bruce Reinhart Esq Brad Edwards Esq Rothstein Rosenfeldt Adler East Las Olas Boulevard Suite Fort Lauderdale FL 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 Counsel for Plaintiffs in Related Cases Nos Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Case No 08-CIV-80119-MARRA/JOHNSON Epsteins Motion to Compel Presidential Womens Center to Comply with Subpoenas Duces Tecum Page of6 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 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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