EFTA00725209.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80811 -MARRA/JOHNSON C.M. A.. Plaintiff, v. anc.M Defendants, DEFENDANT'S SECOND INTERROGATORIES TO PLAINTIFF Defendant, Jeffrey Epstein, (hereinafter "Mr. Epstein") by and through his attorneys, pursuant to Fed.R.Civ.P.. 33 and S.D. Fla. 26.1.G., hereby submits this Second Set of Interrogatories directed to Plaintiff and requests that they be answered separately, fully and under oath within thirty (30) days of service pursuant to Fed.R.Civ.P. 33 and S.D. Fla. L.R. 26.1.G. For purposes of this discovery, Definitions and Instructions are pursuant to S.D. Fla. L.R. 26.1.G. PRELIMINARY STATEMENT These interrogatories are deemed continuing. Pursuant to Rule 26(e) of the Federal Rules of Civil Procedure and applicable law, if any information sought by said interrogatories is not learned until after they are answered, or if any answers for any reason should later become incorrect, there shall be a continuing duty on the party answering said interrogatories to supplement or change answers previously submitted. EFTA00725209 C.M.A. v. Epstein, et at Page 2 DEFINITIONS AND INSTRUCTIONS 1. The term Plaintiff' refers to C.M.A., and all her agents, employees, representatives, attorneys, accountants or anyone else acting on their behalf. 2. The terms "Defendant" refers to Jeffrey Epstein and all his agents, representatives, employees, assigns, or other person or persons acting or purporting to act on its behalf. 3. The words "and" and "or" shall be construed both conjunctively and disjunctively so as to make the request inclusive rather than exclusive. The singular shall be construed to include the plural and the plural to include the singular. 4. The word "communication(s)" shall mean any oral or written statement or exchange of information of any type between two or more persons, including but not limited to documents, telephone or face-to-face conversations, meetings or conferences. 5. The word "document" shall mean any writing of every kind, including, but not limited to, any letter, book, record, report, file folder, envelope, file cabinet drawer label, memorandum, correspondence, communication, drawing, chart, draft, schedule, photograph, tape, disc, card, wire, computer program computer printout and any other electronic or mechanical recording or transcript of any other instrument or device from which information can be perceived or which is used to memorialize human thought, speech or action in the possession, custody, or control of the Plaintiff. The term "document" also includes copies containing information in addition to that contained on the original and all the attachments, enclosures, or documents referred to in any EFTA00725210 C.M.A. v. Epstein, et al. Page 3 document. The term "document" is also defined to be synonymous in meaning and equal in scope to the usage of this term in Federal Rule of Civil Procedure 34(a), including, without limitation, electronic or computerized data compilations. A draft or non-identical copy is a separate document within the meaning of this term. 6. The word "person" shall mean any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, business trust or other business enterprise, governmental body or agency, or governmental, public, legal, or business entity, or group of natural persons or other entities whether sui juris or otherwise. 7. The phrase "relate to" shall mean refer to, contain, allude to, respond to, comment upon, discuss, show, disclose, explain, mention, analyze, constitute, comprise, evidence, set forth, summarize, support, refute or characterize, either directly or indirectly, in whole or in part. 8. "Identify," when used to refer to a natural person, means to state the following: (a) his or her full name and address (or, if the present address is not known, his or her last known address); (b) the full name and address of each of his or her employers, each corporation of which he or she is an officer or director, and each business in which he or she is a principal; (c) his or her present position (or if the present position is not known, his or her last known position(s) at the time of the act to which the Interrogatory response relates). (d) Such other information sufficient to enable the Plaintiffs to identify the person. EFTA00725211 C.M.A. v. Epstein, et al. Page 4 9. "Identify" when used to refer to any entity other than a natural person means to state the following: (a) The full name of the entity, the type of the entity (e.g., corporation, partnership, etc.), the address of its principle place of business, its principle business activity, and if it is a corporation, the jurisdiction under which it has been organized and the date of incorporation. 10. "Identify," when used with reference to a Document or Communication means to state the following: (a) the nature of the document (e.g., letter, memorandum, etc), date of creation, author, place of preparation, the name and address of each addressee; (b) The identity of each signatory; (c) The title or heading of the document; (d) the general substance and subject matter; (e) Its present location and custodian (or, if not know, the last known); (f) the identity of each person to whom a copy of the document was sent and each date of its receipt and date of its transmittal or other disposition; (g) The circumstance of each such receipt and each transmittal or other disposition, including identity of the person transmitting and receiving it. 11. In lieu of identifying any document, Plaintiff may attach a true and correct copy of such document as an exhibit to its response to these Interrogatories, along with an explicit reference to the Interrogatory to which each document is responsive. 12. If the response to all or part of any Interrogatory is not known at the time the initial response is made, please include a statement to that effect, furnish the information that is known or available, and respond to the Interrogatory by amended or supplemental response in writing under oath within ten (10) days of the date on which the complete response becomes known or available. EFTA00725212 C.M.A. v. Epstein, et al. Page 5 SPECIAL DEFINITIONS A. "Sexual Activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation. B. "Lewd or Lascivious conduct" means a person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the person. C. "Lewd or lascivious exhibition" means a person who: 1. Intentionally masturbates; 2. Intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the Plaintiff, including the simulation of any act involving sexual activity. D. "Prostitution" means the giving or receiving of the body for sexual activity for hire. E. "Sexual battery" means oral, anal, or vaginal penetration by, or union with the sexual organ of another or the anal or vaginal penetration of another by any other object. EFTA00725213 C.M.A. v. Epstein, et al. Page 6 DEFENDANT'S SECOND INTERROGATORIES TO PLAINTIFF 1. List the names and business addresses of all physicians, medical facilities, hospitals, rehab facilities (drug, alcohol or psychiatric) and/or other health care providers including but not limited to, psychiatrists, psychologists, and mental health counselors by whom you have been examined or treated within the past twelve (12) months; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. EFTA00725214 C.M.A. v. Epstein, et al. Page 7 VERIFICATION being duly sworn, deposes and says that the foregoing answers to interrogatories are true and correct to the best of her knowledge, information and belief. STATE OF FLORIDA ) ss COUNTY OF PALM BEACH ) SWORN TO AND SUBSCRIBED before me this day of , 2009 by who is personally known to me or has produced the following identification which is current or has been issued within the past five years and bears a serial or other identifying number. Print Name Signature NOTARY PUBLIC - STATE OF FLORIDA Commission Number: My commission expires: (Notarial Seal) By: RO E D. CRITTON, JR., ESQ. 4162 MICHAEL J. PIKE, ESQ. BURMAN CRITTON LUTTIER & COLEMAN Phone Fax (Co-Counsel for Defendant Jeffrey Epstein) EFTA00725215 C.M.A. v. Epstein, et al. Page 8 Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing has been furnished by facsimile and U.S. Mail to the following this 28th day of August, 2009. Richard Horace Willits, Esq. Richard H. Willits, P.A. Atterbury Goldberger & Weiss, P.A. Jack Alan Goldberger, Esq. Fax: Jack Scarola, Esq. Jack P. Hill, Esq. Searcy Denney Scarola Barnhart & Shipley. P.A. Co-Counsel for Plaintiff MICHAEL J. PIKE, ESQ. Florida Bar #617296 Counsel for Defendants Jeffrey Epstein and Bruce Reinhart, Esq. Bruce E. Reinhart, P.A. Counsel for Defendant Phone Fax (Counsel for Defendant Jeffrey Epstein) & COLEMAN EFTA00725216