EFTA00723924.pdf

305-9312200 Herman &Marmots-rein, P 03:41:11 M. 19-02-2010 2 /6 JANE DOE NO. 2, Plaintiff, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, SECOND REQUEST FOR PRODUCTION TO DEFENDANT JEFFREY EPSTEIN Plaintiffs, JANE DOE Nos. 2-8, by and through undersigned counsel, and pursuant to Federal Rules of Civil Procedure Rule 34, requests Defendant, JEFFREY EPSTEIN, produce all of the following items in the Defendant's care, custody, control, or possession, to Mermelstein & Horowitz, P.A., within thirty (30) days after the service of this Request. Definitions and Instructions a. The word "document" shall mean any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be pro- cessed or transcribed, and all visual depictions or images of any thing or person, including, but not limited to correspondence, memoranda, notes, messages, letters, telegrams, teletype messages, bulletins, diaries, chronological data, minutes, books, reports, charts, ledgers, invoices, EFTA00723924 305-9312200 Herman &Men:mist. P 03:41:22 p.m. 19-02-2010 3 /6 worksheets, receipts, computer printouts, schedules, affidavits, contracts, transcripts, surveys, graphic representations of any kind, photographs, graphs, microfilm, videotapes, tape recordings, motion pictures or other films. "Document" shall be deemed to include the original and any draft thereof, and any copy of an original or a draft which differs in any respect from such original or draft. For any items containing child pornography, provide notice of contents to Plaintiff before producing the responsive item b. The word "person" shall be deemed to mean any natural person or any legal entity including but not limited to the corporation, partnership, and or unincorporated association, and . any officer, director, employee, agent personal representative or other person acting or purporting to act on its behalf. c. The words "identity" or "identify", when used with reference to a natural person, call for the following information: i) His or her full name, profession, address, and telephone number, or, if such present information is unknown, provide the last known identifying same; ii) The full name and address of each of his or her employers; and iii) His or her present position and his or her position at the time of the act to which the Interrogatory answer relates. d. The words "identity" or "identify", when used with reference to any entity other than a natural person, call for the full name of the entity, the type of entity (department, agency, corporation, partnership, etc.), and the address and telephone number of its principal place of business or operations, its principal business or other activity and its relationship, if any, to the parties to this litigation. If such entity no longer maintains an address, is engaged in business or other activity or bears any relationship to a party to this litigation, state his last known address, activity and/or relationship, and the date(s) thereof. 2 EFTA00723925 305-9312200 Herman &Warne P 03:41:36 p.m. 19-02-2010 4 /6 e. The words "identity" or "identify", when used with reference to a document or a communication, call for the following information: i. Its nature (i.e., letter, telegram, memorandum, chart, report, canceled check, etc.), date, the signatory, the recipient, and the name and address of each; ii The identity of each person who signed the document or of each person who participated in the making of the communication; ii The title or heading of the document or communication, if any. f. The words "Defendant", "you" or "your" refers to Defendant, Jeffrey Epstein, and _any_agent, representative, employee or poison acting or purporting to act on his behalf, and any corporation, partnership or limited liability company in which Jeffrey Epstein is an officer, director, or has a controlling interest, and all subsidiaries and affiliates of such entitites. The names "Jane Doe No. 2," "Jane Doe No. 3," "Jane Doe No. 4," "Jane Doe No. 5," "Jane Doe No. 6," "Jane Doe No. 7," and "Jane Doe No. 8" shall mean the individuals who are Plaintiffs in these cases, whose names have been provided to Defendant h. The time frame of these requests is January 1, 2001 to present, unless otherwise stated. REQUEST TO PRODUCE 1. All documents referring or relating to Plaintiff Jane Doe No. 6, including without limitation, web pages, social networking site pages, police reports, employment records, school records, medical records, correspondence, videotapes and audiotapes. 2. All documents referring or relating to Plaintiff Jane Doe No. 7, including without limitation, web pages, social networking site pages, police reports, employment records, school records, medical records, correspondence, videotapes and audiotapes. 3 EFTA00723926 305-9312200 Herman &Mermelsteln, P 03:41:49 p.m. 19-02-2010 5 /6 3. All documents referring or relating to Plaintiff Jane Doe No. 8, including without limitation, web pages, social networking site pages, police reports, employment records, school records, medical records, correspondence, videotapes and audiotapes. 4. All documents referring or relating to Jane Doe No. 2 that Defendant Epstein may use or intends to use for impeachment purposes. 5. All documents referring or relating to Jane Doe No. 3 that Defendant Epstein may use or intends to use for impeachment purposes. 6. All documents referring or relating to Jane Doe No. 4 that Defendant Epstein may use or intends to use for impeachment purposes. 7. All documents referring or relating to Jane Doe No. 5 that Defendant Epstein may use or intends to use for impeachment purposes. 8. All documents referring or relating to Jane Doe No. 6 that Defendant Epstein may use or intends to use for impeachment purposes. 9. All documents referring or relating to Jane Doe No. 7 that Defendant Epstein may use or intends to use for impeachment purposes. 10. All documents referring or relating to Jane Doe No. 8 that Defendant Epstein may use or intends to use for impeachment purposes. 4 EFTA00723927 305-9312200 Herman &Mermst P 03:42:00 p.m. 19-02-2010 6/6 Dated: February 1 , 2010. Respectfully submitted, MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plaintiffs Jane Doe Nos. 2-8 18205 Biscayne Blvd., Suite 2218 Miami Florida 33160 Tel: Fax: By: iii rt S am orowi No. 947245) ar o 376980) Jessica D. At i l Bar i .," Bar N . 67885) CERTIFICATE OF SERVICE I hereby certify that on February /9 , 2010, a true and correct copy of the foregoing document was served via facsimile and U.S. Mail to: Jack Alan Goldberger, Esq. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 Robert D. Critton, Esq. Burman, Crittion, Luttier & Coleman 303 Banyan Boulevard Suite 400 West Palm Beach, FL 33401 5 EFTA00723928 305-9312200 Herman Mviermeliteln, P 05:29:36 p.m. 16-02-2010 2 /9 JANE DOE NO. 2, Plaintiff, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994; 08-80993, 08-80811, 08-80893: 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, PLAINTIFF'S REQUEST FOR PRODUCTION RELATING TO EXPERT WITNESSES OF DEFENDANX Plaintiffs, JANE DOE NOS. 2-8, by and through their u ndersigned counsel, hereby request that Defendant produce the following documents to the office of Mermelstein & Horowitz, P.A., 18205 Biscayne Boulevard, Suite 2218, Miami, FL 33160: DEFINITIONS AND INS'T'RUCTIONS 1. All documents produced pursuant to this Request are to be produced as they are kept in the usual course of business or shall be organized and labeled (without permanently marking the item produced) so as to correspond with the categories of each numbered request hereof. 2. Each draft, final document, original, reproduction, and each signed and unsigned document and every additional copy of such document where such copy contains any Mermelstein& Horowitz, P. A. www.sexabuseattomey.com EFTA00723929 305-9312200 Horman &Mormelit4M.P 05:29:46 p.m. 16-02-2010 319 commentary, note, notation or any change whatsoever that does not appear on the original or on the copy of the one document produced shall be deemed and considered to constitute a separate document 3. As used herein, the singular shall always include the plural, and the present tense shall always include the past tense. 4. All references to any Person (as defined below) includes his/her/its employees, agents, servants, subsidiaries, parent company, affiliated company and any other person or entity or Representative (as defined below) acting or purporting to act on behalf or under his/her/its control. 5. addressed, "You", "Your" refers to the Pelson (as defined below) to whom this request is including his/her/its employees, agents, servants, subsidiaries, parent company, affiliated company, and other persons acting or purporting to act on your behalf, including your representative. 6. "Person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, :ld other units herein, and shall include, but not be limited to, public or private corporations, partnerships, joint ventures, voluntary or unincorporated associations, organizations, proprietorships, trust, estates, governmental agencies, commissions, bureaus, or departments, and the agents, servants and employees of same. 7. As used herein, "and" as well as "or" shall be construed disjunctively and conjunctively in order to bring within the sope of this request all responses which might otherwise be construed to be outside its scope. 8. "Document" shall mean letters, correspondence, memoranda, notes, opinions, work papers, charts, reports, ledgers, drawings, plans, specifications, schematics, blueprints, 2 Mermelsteln & Horowitz, P. A. www.sexabutteattomey.00m EFTA00723930 305-9312200 Herman 8.Me.moklean. P 05:29:59 p.m. 16-02-2010 4 /9 block diagrams, contracts or photographs, and shall include but shall not be limited to, any written, printed, typed or other graphic matter of any kind or nature, all mechanical, magnetic, and electronic stand recordings or transcripts thereof; any microfilm, microfiche, or other reproductions, and any data, information or statistics contained within any data storage modules, tapes, discs or other memory devices or other information retrieval storage systems (including computer-generated reports and printouts) in the possession and/or control of you and/or your counsel or agents, or known by you to exist. It shall also mean all drafts and/or copies of documents by wh. over means made. 9. The terms "evidencing", "mimeo'', "relating", "reflecting", "in relation to" shall mean referring to and, or having any relationship with whatsoever, or regarding or pertaining to, or comprising, or indicating, or constituting evidence of, in whole or in part. 10. The term "agreement" shall mean all agreements, contracts, undertakings or other arrangements, wh.:ther oral, written, non-final, enforceable superseded or modified by subsequent agreements. 11. The term "communication" means any oral or written statement, dialogue, colloquy, discussion, or conversation, and also means any transfer of thoughts or ideas between persons by means of documents and includes any transfer of data from one location to another by electronic or similar means. 12. The term "representative" means any and all agents, employees, servants, officers, directors, attorneys, or other persons acting or purpot ing to act on behalf of the person in question. 13. The term "control" means in your possession custody or control or under your direction, and inch.' les in the possession, custody or cortrol of those under the direction of you 3 Mermelstein. &1-lorowth, P. A. www.sexibuseattorney.com EFTA00723931 305-9312200 Herman Werrno1st eln, P 05:30:13 p.m. 16-02-2010 5/9 or your employs'ss, subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, and any person purporting to act on your behalf. 14. The term "statement" shall mea a a written statement, signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is substantially a verbatim recital or an oral statement by the person mai ing it and contemporaneously recorded. 15. Privilege. If any document would be required to be produced in response to any request except for the fact that a privilege against production is claimed, set forth for each document: a. its date, title pf document (e.g., letter), and length; b. its writer, preparer, sender, and addressee or copies; c. a general description of its subject matter; d. the exact grounds on which the ol:jection to production is based; e. the identity of all persons, in addition to those identified as required by secf!on (b), supra, known to you who have seen or had access to the document; and f. identify the person now in possest:i on of the document 16. If any d:tument requested herein was rt one time in existence and under your possession, custody or control but has been lost discarded or destroyed or has been removed from your possess'.::), custody or control, with respect to each such document: a. identify and describe such document by date, title and type of document; b. state when each such doc,vnent '.,•ns most recently in the possession or subject et' your control and what dis2-sition was made of such document, 4 Mermelstein & rowilz, P. A. www.sexabuseattomey.com EFTA00723932 SOS-astnoo Hannan &M moist a I n, P 05:30:2S p.m. 16-02-2010 /9 includirg an identification of the parses!, if any presently in possession or control of such document; c. r; rte when such document was transferred or destroyed, identify the person who transferred or destroyed such document and the persons who authorized or directed that the document be transferred or destroyed or having knowler. ge of its transfer or destruction and state the reason such document was transferred or destroyed; and d. i all persons having knowledge of the contents thereof. DOCUIVIENT REQUEST 1. All documents that Defendant or his atiotneys have sent, transmitted, or provided to each expert retained ;-y or on behalf of the Defend:: a that reference or relate to Jane Doe No. 2. 2. All doctunents that Defendant or his attorneys have sent, transmitted, or provided to each expert retained by or on behalf of the Defendant:: that reference or relate to Jane Doe No. 3. 3. All docur.lents that Defendant or his ntft-rneys have sent, transmitted, or provided to each expert retained by or on behalf of the Defendants that reference or relate to Jane Doe No. 4. 4. All documents that Defendant or his attorneys have sent, transmitted, or provided to each expert retained 1-v or on behalf of the Defenda-: ut reference or relate to Jane Doe No. 5. 5 Mormelstein & Horowi P. A. www.sexabuseattorney.com EFTA00723933 305-9312200 Haman faMermels 'n, P 05 '30:35 16-02.-2010 7/9 5. All documents that Defendant or his attorneys have sent, transmitted, or provided to each expert retained by or on behalf of the Deferdant t that reference or relate to Jane Doe No. 6. 6. All documents that Defendant or his attorneys have seat, transmitted, or provided to each expert retained by or on behalf of the Defendants that reference or relate to Jane Doe No. 7. 7. All documents that Defendant or his attorneys have sent, transmitted, or provided to each expert retained ')y or on behalf of the Defender's that reference or relate to Jane Doe No. 8. . 8. All correspondence between the Defendant's expert and the Defendant's attorneys related to or referring to the subject matter of this• :wsuit including, but not limited to letters, memos, summaries and cmails. 9. All documents that Defendant or any his attorneys has received from each expert retained by or on behalf of the Defendant that r•:fezence or relate to the subject lawsuits of Jane Doe Nos. 2-8. 10. All videos, DVDs, and other electn.• recordings that Defendant, his attorneys, or his investigators have provided to each expert retained by or on behalf of the Defendants refening or relating to i ,ne Doe No. 2. 11. All videos, DVDs, and other electron • recordings that Defendant, his attorneys, or his investigators have provided to each expert retained by or on behalf of the Defendant referring or relating to Sane Doe No. 3. 6 Mermelsteln & Horowitz, P. A. www.sexabuseattorney.com EFTA00723934 305-9312200 Herman 0Mermelsteln, P 05:30:47 p.m. 16-02-2010 8 /9 12. All videos, DVDs, and other electronic recordings that Defendant, his attorneys, or his investigators have provided to each expert retained by or on behalf of the Defendant referring or relating to Jane Doe No. 4. 13. All videos, DVDs, and other electronic recordings that Defendant, his attorneys, or his investigators have provided to each expert Tn.:lined by or on behalf of the Defendant referring or relating to Jane Doe No. 5. 14. All videos, DVDs, and other electro••'c recordings that Defendant, his attorneys, or his investigators have provided to each expert retained by or on behalf of the Defendant referring or relating to Sane Doe No. 6. 15. All videos, DVDs, and other eicetronit recordings that Defendant, his attorneys, or his investigators have provided to each expert retained by or on behalf of the Defendant referring or relating to Jane Doe No. 7. 16. All videos, DVDs, and other electronic recordings that Defendant, his attorneys, or his investigators have provided to each expert retained by or on behalf of the Defendant referring or relating to Jane Doe No. 8. 17. All other documents and materials re ring or relating to Jane Doe Nos. 2.8 reviewed or relied upon by each expert retained by r. on behalf of the Defendant. .tespectfidly submitted, MERMELSTEIN & HOROWITZ, P.A. / ..orneysfor Plaintiff i:,1^5 Biscayne Boulevard, Suite 2218 1, Florida 33160 Tc. „Alone: rnesimile Mermelstein & Horowitz, P. A. uart S. Mennelstein wmi.sexabuseattotney.com EFTA00723935 305-9312200 Herman 6Mermo P 05:30:58p.m. 16-02-2010 9/9 Adam D. Horowitz Jessica D. Arbour CERTIFICATE Ole SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via facsimile and U.S. Mail en February lie , 2010 to !hr. following: Robert D. Critton, Jr, Esq. Burman, Critton, Luttier & Coleman 303 Banyan Boulevard Suite 400 hone FL hone (Co-Counsel for Defendant Jeffrey Epstein) Jack Alan Goldberger,13sq. Atterbury Goldberger & Weiss, PA. 250 Australian Avenue South Suite 1400 h, FL 33401-5012 Co-Counsel for Defendant Jeffrey Epstein 8 Mermeistein & Horowitz, P. A. www.sexabuseattomey.com EFTA00723936