EFTA00589613.pdf

1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 JANE DOE 43, Plaintiff, VS. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JEFFREY EPSTEIN and LESLEY GROFF, Defendants. CASE NO. 17 Civ 616 (.1CK) JOINT RULE 26(0 REPORT Complaint filed: January 26, 2017 Hon. John G. Koeltl Plaintiff, Doe 43, and Defendants, Jeffrey Epstein and Lesley Groff, through their respective undersigned counsel, and pursuant to Rule 26(f) and Rule 16(b) of the Federal Rules of Civil Procedure and this Court's Order, conferred on March 24, 2017 and file their Joint Rule 26(f) Report and Discovery Plan. 1. Joint rule 26(f) report a. Rule 26(f)(2) - Synopsis, nature and basis of claims/defenses: Plaintiff's Statement Plaintiff alleges that between September 2006 and April 2007, Defendants committed tortious violations of 18 USC §1595, by knowingly recruiting, enticing, harboring, transporting, soliciting, threatening, forcing or coercing Plaintiff to engage in commercial sex acts. Plaintiff contends that Defendants' actions were undertaken with knowledge or reckless disregard for the fact that their threats of force, fraud, coercion, and combinations of such means would be used, and were in fact used, in order to cause Plaintiff to engage in commercial sex acts, in violation of 18 USC §1591 through *1594 and are actionable civilly pursuant to 18 USC §1595. Defendant's Statement 28 EFTA00589613 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Possibilities for Prompt Settleent: The parties have conferred and agree there is not a likelihood for prompt settlement. c. Timing of Rule 26(a)(1) disclosures: Pursuant to Rule 26(0(2), disclosures are due within 14 days of the 26(f) conference (April 7, 2017); however the parties have agreed to exchange 26(a)(1) disclosures April 21, 2017. d. Preservation of Evidence — Plaintiff requests Defendants preserve all documentation or electronically stored or transmitted information that in any way relates to Plaintiff, or to Defendants' properties or aircraft or employees. Rule 26(0(3) Discovery Plan & Experts (A)The parties propose an extension of two weeks to exchange Rule 26(a) disclosures. Initial disclosures will be made by April 21, 2017. (B)Discovery will be taken on at least the following subjects: whether Plaintiff communicated with Defendants and if so the extent and specifics of that communication; whether and to what extent Plaintiff and Defendants interacted as alleged in the complaint; Defendants purpose for communicating or interacting with Plaintiff; the relationship, if any, between Defendants and any others relevant to prove allegations in the complaint; motive and common scheme or plan of Defendants and all issues related to compensatory and punitive damages. Discovery should be completed by September 22, 2017. There is no need for discovery to be conducted in phases. (C)The parties shall maintain and not alter or destroy any electronically stored information, and shall disclose if any requested electronically stored information has in the past been destroyed. 2 EFTA00589614 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 24, 2017 (D)There are no anticipated accommodations necessary regarding protections of privileged and trial preparation materials. As documents and information are exchanged the parties will discuss any necessary confidential materials in need of protection and attempt to reach agreement before involving the Court. (E)Due to the nature of the claim, the Plaintiff has proceeded anonymously through a pseudonym. It is anticipated that other non-parties will be called to testify about observations made regarding the activities in question; to the extent those anticipated witnesses were themselves alleged to have been victims similarly situated to Plaintiff, the parties request the identities of those persons be maintained confidentially and not publicly disclosed. (F) There are no other requested orders to be issued at this time. Respectfully submitted, FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. By /s/ Brad Edwards Brad Edwards Attorney for Plaintiff Jane Doe 43 Dated: STEPTOE & JOHNSON By Lil Michael Miller Attorneys for Defendants JEFFREY EPSTEIN§ & LESLEY GROFF 3 EFTA00589615 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFTA00589616