EFTA00726470.pdf

Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 0226/2010 Page 1 of • • 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 08-CV-80893-MARRA/JOHNSON JANE DOE, Plaintiff vs. JEFFREY EPSTEIN, Defendant PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANT COMES NOW the Plaintiff, JANE DOE, by and through her undersigned counsel, pursuant to Fed.R.Civ.P. 34 and S.D. Fla. 26.10., and requests the Defendant, Jeffrey Epstein, to produce the original or best copy of the items listed hereinbelow, at the offices of the Plaintiffs undersigned counsel, for inspection and/or copying within thirty (30) days of service. PRELIMINARY STATEMENT I. These requests for production are deemed continuing. Pursuant to Rule 26(e) of the Federal Rules of Civil Procedure and applicable law, if any information sought by said requests for production 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 requests to supplement or change answers previously submitted. DEFINITIONS AND INSTRUCTIONS 1. Communication. The term "communication" means the transmittal of information (in the form of facts, ideas, inquiries or otherwise). 2. Document. The term "document" is 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. 13 EFTA00726470 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 2 of 13 3. Identify (with respect to person). When referring to a person, "to identify" means to give, to the extent known, the person's full name, present or last known address, and when referring to a natural person, additionally, the present or last known place of employment. Once a person has been identified in accordance with this subparagraph, only the name of the person need be listed in response to subsequent discovery requesting the identification of that person. 4. Identify (with respect to documents). When referring to documents, "to identify" means to give, to the extent known, the (i) type of documents; (ii) general subject matter, (iii) date of the document; and (iv) author(s), addressee(s) and recipient(s). 5. Parties. The terms "plaintiff' and "defendant" as, well as a party's full or abbreviated name or a pronoun referring to a party means the party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiaries or affiliates. This definition is not intended to impose a discovery obligation on any person who is not a party to the litigation. 6. Person. The term "person" is defined as any natural person or any business, legal or governmental entity or association. 7. Concerning. The term "concerning" means relating to, referring to, describing, evidencing or constituting. 8. All/Each. The terms "all" and "each" shall be construed as all and each. 9. And/Or. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 10. Number. The use of the singular form of any word includes the plural and vice versa. 11. Refer/Relate to. "Refer" or "relate to" means to make a statement about, discuss, describe, reflect, constitute, identify, deal with, consist establish, comprise, list, evidence, substantiate or in any way pertain, in whole to in part, to the subject. 12. As used herein the singular shall include the plural, the plural shall ;Delude the singular, and the masculine, feminine and neuter shall include each of the other genders. DOCUMENTS REQUESTED 1. Copies of all telephone records in your or your attorneys' possession from 2002 — 2005 that in any way relate to you (including all phone lines owned by you or that were used to contact girls for the purposes of scheduling massages for you). EFTA00726471 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 3 of 13 2. All massage appointment books, diaries, computer calendars or scheduling entries, scheduling books or any other writing or correspondence that contains the names of any of the girls that were called, contacted, scheduled, or who otherwise went to your home located at 358 El Brillo Way, Palm Beach, Florida, for the purpose of giving you a massage. 3. Any and all documentation in your possession that contains Plaintiff's name or that refers to Plaintiff, directly or indirectly, (includes emails, letters, message pads, diaries, appointment books, computer print outs). 4. Any and all photos, videos, downloaded digital prints or any other visual depiction of Plaintiff, or of any other known or suspected minor females introduced to you, directly or indirectly, by Plaintiff. 5. Photos of the inside of your home located at 358 El Brillo Way, Palm Beach, Florida, that depict the room(s) where the massages took place (including massage table). 6. Any and all documentation of cancelled checks or evidence of payment to Plaintiff of any kind and for any reason whatsoever. 7. All discovery information obtained by you or your attorneys as a result of the exchange of discovery in the State criminal case against you or the Federal investigation against you. 8. All financial documents evidencing asset transfers from 2005 to the present for you personally or any company or corporation owned by you. 9. Any documents or other evidentiary materials provided to local, state, or federal law enforcement investigators or local, state or federal prosecutors investigating your sexual activities with minors. EFTA00726472 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02126/2010 Page 4 of 13 10. All correspondence between you or your attorneys and state or federal law enforcement or. prosecutors (includes, but is not limited to, letters to and from the State Attorney's office or any agents thereof). 11. Any and all documents reflecting your current net worth. 12. Personal tax returns for all years from 2002 through the present. 13. A photocopy of your passport, including any supplemental pages reflecting travel to locations outside the 50 United States between 2002 and 2008, including any documents or records regarding plane tickets, hotel receipts, or transportation arrangements. 14. A sworn statement of your net worth (including a detailed financial statement depicting all current assets and liabilities). 15. All financial statements or affidavits produced by you for any reason, to any person, company, entity or corporation since 2005. 16. All medical records of Defendant Epstein from Dr. Stephan Alexander. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided via United States mail to the following addressees, this Th day of March, 2009. Robert D. Critton, Jr., Esquire Michael J. Pike, Esquire urman. Critton, Luther & Coleman, LLP aim Beach, Florida 33401 EFTA00726473 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 5 of 13 Jack Alan Goldberger, Esquire Atterbury, Goldberger & Weiss, P.A. West Palm Beach, Florida 33401 Michael R. Tein, Esquire Lewis Tein P.L. Coconut Grove, Florida 33133 Respectfully Submitted, THE LAW OFFICE OF BRAD EDWARDS & ASSOCIATES, LLC By: Brad Edwards, Esquire Attorney for Plaintiff Florida Bar No. 542075 IME MS Hollywood, Florida 33020 Telephone: Facsimile: E-Mail: Paul G. Cassell Attorney for Plaintiff Pro Hac Vice Salt Lake City UT 84112 Telephone: Facsimile: E-Mail: EFTA00726474 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 13 6 PI d JANE DOE, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV- 80893 - MARRA/JOHNSON Plaintiff, v. JEFFREY EPSTEIN, Defendant. DEFENDANT'S RESPONSE & OBJECTIONS TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION (dated 03/23/09) Defendant, JEFFREY EPSTEIN, ('EPSTEIN"), by and through his undersigned attorneys, pursuant to Fed.R.Civ.P., 34, and S.D. Fla. 26.1.G., serves his response to Plaintiff JANE DOE's First Request For Production, dated March 23, 2009. Request No. 1: Copies of all telephone records in your or your attorneys' possession from 2002 through 2005 that in any way relate to you (including all phone lines owned by you or that were used to contact girls for the purposes of scheduling massages for you.) Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. Request No. 2: All massage appointment books, diaries, computer calendars or scheduling entities, scheduling books or any other writing or correspondence that contains the names of any of the girls that were called, contacted, scheduled or who EFTA00726475 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 7 of 13 Jane Doe v. Epstein, et al. Page 2 otherwise went to your home located at 358 El Brillo Way, Palm Beach, Florida, for the purpose of giving you a massage. Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. Request No. 3: Any and all documentation in your possession that contains Plaintiffs name or that refers to Plaintiff, directly or indirectly, (includes e-mails, letters, message pads, diaries, appointment books, computer print outs). Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. Request No. 4: Any and all photos, videos, downloaded digital prints or any other visual depiction of Plaintiff, or of any other known or suspected minor females introduced to you, directly or indirectly, by Plaintiff. Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. EFTA00726476 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 8 of 13 Jane Doe v. Epstein, et al. Page 3 Request No. 5: Photos of the inside of your home located at 358 El Brillo Way, Palm Beach, Florida, that depict the room(s) where the massages took place (including massage table). Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. Request No. 6: Any and all documentation of cancelled checks or evidence of payment to Plaintiff of any kind and for any reason whatsoever. Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attomeys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. Request No. 7: All discovery information obtained by you or your attorneys as a result of the exchange of discovery in the State criminal case against you or the Federal investigation against you. Response: Defendant is asserting specific legal objections to the production request as well as his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. In addition to and without waiving his constitutional privileges, the information sought is privileged and confidential, and inadmissible EFTA00726477 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 9 of 13 Jane Doe v. Epstein, et al. Page 4 pursuant to the terms of the deferred prosecution agreement, Fed. Rule of Evidence 410 and 408, and §90.410, Fla. Stat. Further, the request may include information subject to work product or an attorney-client privilege. Request No. 8: All financial documents evidencing asset transfers from 2005 to the present for you personally or any company or corporation owned by you. Response: Defendant is asserting specific legal objections to the production request as well as his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. Request No. 9: Any documents or other evidentiary materials provided to local, state, or federal law enforcement investigators or local, state or federal prosecutors investigating your sexual activities with minors. Response: Defendant is asserting specific legal objections to the production request as well as his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. In addition to and without waiving his constitutional privileges, the information sought is privileged and confidential, and inadmissible pursuant to the terms of the deferred prosecution agreement, Fed. Rule of Evidence 410 and 408, and §90.410, Fla. Stat. Further, the request may include information subject to work product or an attorney-client privilege. Request No. 10: All correspondence between you and your attorneys and state or federal law enforcement or prosecutors (includes, but not limited to, letters to and from the State Attorney's office or any agents thereof). EFTA00726478 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 10 of 13 Jane Doe v. Epstein, et al. Page 5 Response: Defendant is asserting specific legal objections to the production request as well as his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. In addition to and without waiving his constitutional privileges, the information sought is privileged and confidential, and inadmissible pursuant to the terms of the deferred prosecution agreement, Fed. Rule of Evidence 410 and 408, and §90.410, Fla. Stat. Further, the request may include information subject to work product or an attorney-client privilege. Request No. 11: Any and all documents reflecting your current net worth. Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. Request No. 12: Personal tax returns for all years from 2002 through the present. Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution; overly broad. Request No. 13: A photocopy of your passport, including any supplemental pages reflecting travel to locations outside the 50 United States between 2020 and 2008, EFTA00726479 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 11 of 13 Jane Doe v. Epstein, et al. Page 6 including any documents or records regarding plane tickets, hotel receipts, or transportation arrangements. Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. In addition to and without waiving his constitutional protections and privileges, the scope of information is so overbroad that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence; compiling such information over a six year period would be unduly burdensome and time consuming. Request No. 14: A sworn statement of your net worth (including a detailed financial statement depicting all current assets and liabilities). Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. Request No. 15: All financial statements or affidavits produced by you for any reason, to any person, company, entity or corporation since 2005. Response: Defendant asserts his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution; overly broad. EFTA00726480 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 12 of 13 Jane Doe v. Epstein, et al. Page 7 Request No. 16: All medical records of Defendant Epstein from Dr. Stephan Alexander. Response: Defendant is asserting specific legal objections to the production request as well as his U.S. constitutional privileges. I intend to produce all relevant documents regarding this lawsuit, however, my attorneys have counseled me that at the present time I cannot select, authenticate, and produce documents relevant to this lawsuit and I must accept this advice or risk losing my Sixth Amendment right to effective representation. Accordingly, I assert my federal constitutional rights under the Fifth, Sixth, and Fourteenth Amendments as guaranteed by the United States Constitution. Drawing an adverse inference under these circumstances would unconstitutionally burden my exercise of my constitutional rights, would be unreasonable, and would therefore violate the Constitution. Certificate of Service WE HEREBY CERTIFY that a true copy of the f regoing has been sent via U.S. Mail and facsimile to the following addressees this day of May, 2009. Brad Edwards, Esq. h tein Rosenfeldt Adler Fort Lauderdale. FL 33301 Phone: Fax: Counsel for Plaintiff Paul G. Cassell, Esq. Pro Hac Vice t . Salt Lake Cit , UT 84112 Fax Co-counsel for Plaintif Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. st Palm Beach, FL 33401-5012 Fax Co- ounse or e en ant Jeffrey Epstein Respectfully subm RITTON, JR., ESQ. EFTA00726481 Case 9:08-cv-80119-KAM Document 477-1 Entered on FLSD Docket 02/26/2010 Page 13 of 13 Jane Doe v. Epstein, et al. Page 8 Florida Bar No. BURMAN, CRITTON, LUTTIER & COLEMAN ach, FL 33401 Phone Fax (Counsel for Defendant Jeffrey Epstein) EFTA00726482