EFTA00722995.pdf

Po dhurst Orseck TRIAL & APPELLATE LAWYERS Aaron S. Podhurst Robert C. Josefsberg Joel D. Eaton Steven C Marks Victor M. Diaz. Jr. Katherine W. Ezell Stephen F. Rosenthal Ricardo M. Martinez-Cid Ramon A. Rasco Alexander T. Rundlet John Gravante, lII Caitlin Maharbiz Storage USA 5580 Okeechobee Boulevard West Palm Beach, FL 33417 (561) 683-9955 To Whom It May Concern, August 4, 2009 Robert Orseck (1934-1978) Walter H. Beckham. Jr. Karen Podluust Dent Of Counsel It has come to our attention that Mr. Jeffrey E Epstein leases one or more of your storage traits. Mr. Epstein is the defendant in civil law suits involving the sexual exploitation of victims represented by undersigned attorneys. Pursuant to Judge Kenneth Marra's Preservation Order (attached hereto), the items stored in Mr. Epstein's storage unit(s) must be preserved. Preservation includes taking reasonable steps to prevent the partial or full destruction, alteration, testing, deletion, shredding, incineration, wiping, relocation, theft, or mutation of any material, as well as negligent or intentional handling that would make material incomplete or inaccessible. Should Mr. Epstein cease to pay his storage fees, Storage USA is still required to preserve and maintain, and la destroy, alter, or dispose of anything in any of his storage units, as well as any correspondence, records or contracts with Defendant Epstein. Please be advised that failure to abide by this request could result in penalties and/or sanctions against your company and could form the basis of legal claims for spoliation Thank you for your cooperation. KWE/mce cc: Robert Critton, Esq. Katherine Ezell Podhurst Orseck,.. 25 West Hagler Street, Suite 800. Miami, FL 33130 Miami 36358Max 3853582382 • Fort Lauderdale 954.463.4346 EFTA00722995 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Dock4t 07/30/2009 Poe 1/of ;. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO. 2, CASE NO.: 08-CV-80119-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 3, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. CASE NO.: 08-CV-80232-MARRA/JOHNSON JANE DOE NO. 4, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. CASE NO.: 08-CV-80380-MARRA/JOHNSON JANE DOE NO. 5, CASE NO.: 08-CV-80381-1VIARRA/JOHNSON Plaintiff, EFTA00722996 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Docket 07/30/2009 Page 2 of 7 vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 6, Plaintiff; vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 7, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. CASE NO.: 08-CV-80994-MARRA/JOHNSON Plaintiff, VS. JEFFREY EPSTEIN, Defendant. CASE NO.: 08-CV-80993-MARRAJJ OHN SON CASE NO.: 08-CV-80811-MARRA/JOHNSON EFTA00722997 Case 9:08-cv-80119-KAM document 232 Entered on FLSD Docket 07/3012009 Page 3 of 7 JANE DOE, Plaintiff vs. JEFFREY EPSTEIN, Defendant CASE NO.: 08-CV-80893-MARRA/JOHNSON JANE DOE NO. ll, CASE NO.: 08-CV-80469-INARRA/JOHNSON Plaintiff; vs. JEFFREY EPSTEIN, Defendant JANE DOE NO. 101, CASE NO.: 09-CV-80591-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant JANE DOE NO. 102, CASE NO.: 09-CV-80656-MARRA/JOHNSON Plaintiff, EFTA00722998 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Docket 07/30/2009 Page 4 of 7 vs. JEFFREY EPSTEIN, Defendant ORDER THIS CAUSE comes before the Court on Plaintiffs Jane Doe No. 101 and Jane Doe No. 102's Motion for an Order for the Preservation of Evidence and Incorporated Memorandum of Law (DE 114), filed May 26, 2009, and the Court's Order ( DE 192), entered July 6, 2009. The parties are in agreement as to a substantial part of the language in their proposed orders, and the Court has carefully considered the motion, the proposed orders, and is otherwise fully advised in the premises. It is ORDERED AND ADJUDGED that Plaintiffs' Motion (DE 114) is GRANTED as follows: A. Defendant, Jeffrey Epstein, and his employees, his agents, and his attorneys are directed to take every reasonable step to preserve all evidence relevant to these cases that have been filed in federal court or that may lead to the discovery of admissible evidence relevant to these cases, which includes evidence related to the October 25, 2005 search, documents, data, and tangible things, including writings; records; files; correspondence; digital or chemical process photographs (including negatives); reports; memoranda; calendars; diaries; minutes; electronic messages; voicemail; e- mail; telephone message records or logs; computer and network activity logs; hard drives; backup data; removable computer storage media, such as tapes, disks, and cards; printouts; document image files; web pages; databases; spreadsheets; software; EFTA00722999 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Docket 07/30/2009 Page 5 of 7 books; ledgers; journals; orders; invoices; bills; vouchers; checks; statements; worksheets; summaries; compilations; computations; charts; diagrams; graphic presentations; drawings; films; charts; video, phonographic, tape, or digital recordings or transcripts thereof; drafts; jottings; and notes. Information that serves to identify, locate, or link such material, such as file inventories, file folders, indices, and metadata, is also included. Specifically, Defendant must preserve the following evidence: records of phone communications; records of domestic and international travel, including travel in Defendant's private airplanes; former and current employee records; tax returns; medical bills; bills regarding any other expenses related in any way to these Plaintiffs; all documents evidencing payment by Defendant of U.S. currency and/or merchandise to each person on the list of victims provided by the United States Attorney's Office ("USAO list"); any evidence stored in Defendant's storage unit; all photographs of the interior and exterior of Defendant's Palm Beach mansion as it appeared in 1998 through October 2005; any diary, log, memo pad, calendar, or other writing reflecting the date that each person on the USAO list visited Defendant's mansion; any diary or document wherein each victim on the USAO list wrote regarding any visit(s) to Defendant's mansions; all documents sent to or by the Palm Beach Police Department ("PBPD"), the FBI, the USAO, or the Palm Beach State Attorney's Office ("PBSAO") to or by the Defendant; and all computers used by Defendant and/or his agents and/or employees during 1998 through and including October 25, 2005, the date of the search warrant. B. The duty to preserve evidence extends to documents, data, and tangible things in the EFTA00723000 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Docket 07/30/2009 Page 6 of 7 possession, custody, and/or control of the parties to this action and any employees, agents, or attorneys who possess materials reasonably anticipated to be subject to discovery in these actions. Counsel shall be directly responsible only to the extent they are in possession or control of evidence. Counsel shall provide a copy of this Order to Defendant and those employees or agents whom defense counsel knows, or has reason to know, may have evidence. C. "Preservation" is to be interpreted broadly to accomplish the goal of maintaining the integrity of all documents, data, and tangible things reasonably anticipated to be subject to discovery in these actions under Rules 26, 45, and 56(e) of the Federal Rules of Civil Procedure. D. If an objection or privilege is raised, the parties may raise the issue with this Court in a timely fashion and shall preserve the evidence in question pending resolution by the Court. An agreement to preserve evidence and this Order is not a waiver of any right to object to production. E. The parties, without leave of Court, may agree in writing that certain documents or categories of evidence need not be preserved as otherwise required by this Order. If such agreement is reached, such agreement is effective upon signing and without further order of this Court. F. If this Court determines that evidence has been destroyed or lost in violation of this Order, it may impose appropriate sanctions based upon motion and an evidentiary hearing, if necessary. EFTA00723001 Case 9:08-cv-80119-KAM Document 232 Entered on FLSD Docket 07/30/2009 Page 7 of 7 G. Each party shall bear its own costs for complying with this Order. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 301h of July, 2009. KENNETH A. MARRA United States District Court Judge Copies to: All counsel of record Ce EFTA00723002