Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CIV-80119-MARRA/JOHNSON __ Related cases I ORDER THIS CAUSE is before the Court on Plaintiffs Motion for Protective Order Re Contact of Third-Parties by Private Investigators Retained by Defendant D.E For the following reasons said Motion is denied 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 In an effort to mount a defense to the claims asserted against him in this case Epstein has employed private investigators to contact third-parties believed familiar with any of the Plaintiffs herein and obtain background information about them that may prove helpful to his defense By the instant Motion Plaintiffs seek an order that would prevent Epstein from continuing in this fashion by ordering that Epsteins attorneys and investigators I cease making ex parte contacts with non-parties identified in plaintiffs discovery responses ii cease making ex parte contacts with nonparties found during the course of discovery or investigation who know the plaintiff or live in her community and i cease making ex pa rte contacts with nonparties who otherwise know one of the plaintiffs personally but who are unaware that she is an alleged victim of childhood sexual abuse by Jeffrey Epstein Plaintiffs Mtn According to Epstein Plaintiffs have several preexisting and diagnosed conditions for which they now attempt to pawn off on Epstein in an effort to increase their damages and granting Plaintiffs request to disallow investigators from contacting these third parties would violate Epsteins due process rights to defend himself and would further not allow Epstein a full opportunity to confront the Epsteins Resp D.E Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of Plaintiffs that have made allegations against him with the necessary material to properly cross-examine them at trial A Protective Order issued pursuant to Fed.R.Civ.P is based on the standard of good cause which calls for a sound basis or legitimate need to limit discovery of the subject information In re Alexander Grant Co Litigation F.2d 11th Cir The burden is on the party seeking the protective order to demonstrate good cause for its issuance See Phillips Gen Motors Corp F.3d 9th Cir In re Agent Orange Products Liability Litigation 2d 2d Cir th Street Baptist Church St Peters Episcopal Church F.R.D E.D Penn The Court finds that Plaintiffs have failed to satisfy their burden of demonstrating good cause for a protective order to issue The Court agrees with Epstein in this instance and finds that limiting Epsteins investigation of the claims asserted against him in the manner suggested strips from Epstein the ability to mount a defense and as such would violate Epsteins Sixth Amendment Right to confront witnesses and the due process clause of the Fifth and Fourteenth Amendments As Epstein correctly observes the rules of discovery contemplate the hiring of investigators and assuming certain parameters are met also protect the information obtained thereby as work-product See Alachua GenI Hosp Inc Zimmer USA Inc So.2d Fla st DCA In re Faro Technologies Securities Litigation WL M.D Fla Fed Civ Id at Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of To restrict Epstein in the manner described would result in Epstein having to rely only on those handpicked witnesses disclosed by Plaintiffs in discovery and would thereby prejudice Epstein in mounting his defense to the claims raised against him The Plaintiffs in these consolidated cases are seeking millions of dollars in personal injury damages for among other things physical injury pain and suffering emotional distress psychological trauma mental anguish humiliation embarrassment loss of self-esteem loss of dignity and invasion of her privacy To combat these claims Epstein will have to bring forth evidence to disprove and/or find information that diminishes Plaintiffs damage claims This is his right The Record in this case is clear that the childhood of many of the Plaintiffs was marred by instances of abuse and neglect which in turn may have resulted in whole or in part in the damages claimed by Plaintiffs Under these circumstances where Plaintiff is seeking millions of dollars in personal injury damages for physical injury pain and suffering emotional distress psychological trauma mental anguish humiliation and the like a full investigation by private investigators hired by Epstein and/or his attorneys into Plaintiffs background including Plaintiffs past and present psychological familial and social histories is reasonable and shall not be denied Plaintiff Andrianos First Am Comp Counts The Court notes that in reaching the within conclusion review and consideration was made of the various declarations filed by Plaintiffs in support of Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of In accordance with the above and foregoing it is hereby ORDERED AND ADJUDGED that Plaintiffs Motion for Protective Order Re Contact of Third-Parties by Private Investigators Retained by Defendant D.E is DENIED SdTGrn Id I DONE AND ORDERED this Augu:sl in Chambers at West Palm Beach Florida LINNEA RJOON UNITED STATES MAGISTRATE JUDGE CC The Honorable Kenneth A Marra All Counsel of Record their claim that Epsteins investigators were acting in ways which were harassing humiliating to Plaintiffs and/or otherwise designed to intimidate and finds said allegations without foundation
6,568 characters
