EFTA00724159.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV- 80893 - MARRA/JOHNSON JANE DOE, Plaintiff, v. JEFFREY EPSTEIN, Defendant. DEFENDANT'S SECOND REQUEST TO PRODUCE TO PLAINTIFF Defendant, Jeffrey Epstein, (hereinafter "Mr. Epstein"), by and through his undersigned attorneys hereby requests, pursuant to Fed.R.Civ.P. 34, and S.D. Fla. L.R. 26.1.G., Plaintiff, Jane Doe, produce documents within thirty (30) days of service. For purposes of this discovery, Definitions and Instructions are pursuant to S.D. Fla. L.R. 26.1.G. PRELIMINARY STATEMENT 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. EFTA00724159  DEFINITIONS AND INSTRUCTIONS A. "Document" means any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, memoranda, notes, messages, letters, purchase orders, telegrams, teletype, telefax bulletins, e-mails, electronic data, meetings, reports, or other communications, interoffice and intra-office telephone calls, diaries, chronological data, minutes, books, reports, charts, ledgers, invoices, worksheets, receipts, returns, trade information regarding fabric, carpets, samples etc..., computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, cancelled checks, transcripts, statistics, surveys, magazine or newspaper articles, releases (and any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphs or aural records or representations of any kind, including, without limitation, photographs, charts, graphs, microfiche, microfilm, video tape, recordings, motion pictures and electronic, mechanical or electric recordings or representations of any kind (including, without limitation, tapes, cassettes, discs and recordings), and including the file and file cover. The term "Document' also means any and all computer records, data, files, directories, electronic mail, and information of whatever kind whether printed out or stored on or retrievable from floppy diskette, compact diskette, magnetic tape, optical or magnetic-optical disk, computer memory, hard drive, zip drive, jaz drive, orb drive, microdisk, external memory stick, software, or any other fixed or removable storage 2 EFTA00724160  s, dormant or remnant files, and any media, including without limitation, all back-up copie dless of the media on which they and all miscellaneous files and/or file fragments, regar an active file, deleted file, or file reside and regardless of whether the data consists in fragment. dialogue, B. "Communications" means any oral or written statement, colloquialism, discussion, conversation or agreement. evidences, C. "Which relate to" means constitutes, contains, embodies, is in any way pertinent to the supports, reflects, identifies, states, refers to, deals with, or subject. attomey•for Jane D. "Plaintiff' means Jane Doe and any employee, agent or Doe, or under her authority Doe and any other person acting for or on behalf of Jane and control. been F. If it is maintained that any Document which is requested has such destruction and the destroyed, set forth the contents of the Documents, the date of uction. name of the person who authorized or directed such destr the extent G. If any of the Documents cannot be produced in full, produce to the remainder. possible, specifying the reasons for the inability to reproduce Documents H. The term "all Documents" means every Document or group of or Communication as defined above known to you. Request for I. The term "You" and "Your" means the parties to whom this oyees and agents Production of Documents is addressed, including the parties' empl s' behalf. and all other persons acting or purporting to act on the partie 3 EFTA00724161  st for Documents are J. If all of the Documents requested by any of the reque this Request for Production of not within the possession of the individuals to whom possession of the Documents. Documents is addressed, identify each person who has or Communication K. If a claim of privilege is asserted as to any Document n for which a privilege is asserted requested, identify each Document or Communicatio by stating: t, study), date, 1. Its nature (e.g. letter, telegram, memorandum, chart, repor address of each author, date and place of preparation and the name and addressee, if there is an addressee; cation; 2. The identity of each signer to the Document or Communi 3. The title or heading of the Document or Communication; Communication 4. The particular characteristics of the Document or substantiating the claim of privilege; known) location and 5. Its present (or, if the present is not known, the last custodian; each date of its 6. The identity of each person to whom a copy was sent and by (1) You and receipt and each date of its transmittal or other disposition the time, either (2) any other person (naming such other person) who, at Document or received, transmitted or otherwise disposed of such Communication and each copy thereof; mittal or other 7. The circumstances of each such receipt and each trans received and disposition, including identification of the person from whom the person to whom transmitted. and pronoun L. As used herein, the singular and masculine form of a noun l or feminine or neuter, as shall embrace, and be read and applied as, the plura circumstances may make appropriate. 4 EFTA00724162  Request to Produce 1. All written agreements between you or your counsel and any other plaintiff (or their counsel) that has brought a lawsuit against Jeffrey Epstein in which it was agreed to exchange privileged information without waiving the attorney-client privilege or work product privilege (a/k/a "common interest," "pooled information," or "joint plaintiffs" agreements). 2. All documents and communications between you or your counsel and any other plaintiff (or their counsel) that has brought a lawsuit against Jeffrey Epstein which evidences or mentions an agreement to exchange privileged information without waiving the attorney-client privilege or work product privilege. Certificate of Service I HEREBY CERTIFY that a true copy of th oregoing has been served by fax and U.S. Mail to the following addressees on this ay of April, 2010: Brad Edwards, Esq. Paul G. Cassell, Esq. Farmer , Jaffe, Weissing, Edwards, Pro Hac Vice Fistos & Lehrman, PL 332 South 1400 E, Room 101 425 N. Andrews Avenue ' UT 84112 Suite 2 Fort L 301 Phon • Fax: o-counse or ane Doe Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 We 33401-5012 Fax: Co-Counsel for Defendant Jeffrey Epstein By: RO CRITTON, JR., ESQ. . 224162 MICHAEL J. PIKE, ESQ. BURMAN, CRITTON, LUTTIER & COLEMAN 5 EFTA00724163 303 Banyan Blvd., Suite 400 West Palm Beach, FL 33401 Phone Fax (Co-Counsel for Defendant Jeffrey Epstein) 6 EFTA00724164  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV- 80893 - MARRA/JOHNSON JANE DOE, Plaintiff, v. JEFFREY EPSTEIN, Defendant. S TO PLAINTIFF DEFENDANT'S FOURTH SET OF INTERROGATORIE ant to Fed.R.Civ.P. Defendant, Jeffrey Epstein, (hereinafter "Mr. Epstein"), pursu of Interrogatories directed to 33 and S.D. Fla. 26.1.G., hereby serves this Fourth Set separately, fully and under oath Plaintiff, Jane Doe, and requests that they be answered and S.D. Fla. L.R. 26.1.G. within thirty (30) days of service pursuant to Fed.R.Civ.P. 33 ctions are pursuant to S.D. Fla. For purposes of this discovery, Definitions and Instru L.R. 26.1.G. PRELIMINARY STATEMENT to Rule 26(e) of the These interrogatories are deemed continuing. Pursuant any information sought by said Federal Rules of Civil Procedure and applicable law, if or if any answers for any interrogatories is not learned until after they are answered, a continuing duty on the party reason should later become incorrect, there shall be previously submitted. answering said interrogatories to supplement or change answers EFTA00724165  DEFINITIONS AND INSTRUCTIONS and all her agen ts, 1. The term "Plaintiff" "you" or "your" refers to Jane Doe, ts or anyone else acting on their employees, representatives, attorneys, accountan behalf. all his agents, 2. The terms "Defendant" refers to Jeffrey Epstein and persons acting or purporting to representatives, employees, assigns, or other person or act on its behalf. nctively and 3. The words "and" and "or" shall be construed both conju than exclusive. The singular disjunctively so as to make the request inclusive rather e the singular. shall be construed to include the plural and the plural to includ n statement or exchange of The word "communication(s)" shall mean any oral or writte including but not limited to information of any type between two or more persons, ings or conferences. documents, telephone or face-to-face conversations, meet including, but 4. The word "document" shall mean any writing of every kind, r, envelope, file cabinet drawer not limited to, any letter, book, record, report, file folde drawing, chart, draft, schedule, label, memorandum, correspondence, communication, uter printout and any other photograph, tape, disc, card, wire, computer program comp other instrument or device from electronic or mechanical recording or transcript of any memorialize human thought, which information can be perceived or which is used to ol of the Plaintiff. The term speech or action in the possession, custody, or contr ion to that contained on "document" also includes copies containing information in addit ments referred to in any the original and all the attachments, enclosures, or docu nymous in meaning and document. The term "document" is also defined to be syno 2 EFTA00724166  Rule of Civil Procedure 34(a), equal in scope to the usage of this term in Federal data compilations. A draft or including, without limitation, electronic or computerized meaning of this term. non-identical copy is a separate document within the 5. The word "person" shall mean any natural person, individual, organization, joint venture, proprietorship, partnership, corporation, association, rnmental body or agency, or business trust or other business enterprise, gove of natural persons or other governmental, public, legal, or business entity, or group entities whether sui juris or otherwise. allude to, respond to, 6. The phrase "relate to" shall mean refer to, contain, mention, analyze, constitute, comment upon, discuss, show, disclose, explain, or characterize, either directly comprise, evidence, set forth, summarize, support, refute or indirectly, in whole or in part. FOURTH SET OF INTERROGATORIES any other plaintiff (or their 1. Have you or your counsel entered into an agreement with in which it was agreed to counsel) that has brought a lawsuit against Jeffrey Epstein ey-client privilege or work exchange privileged information without waiving the attorn information," or "joint plaintiffs" product privilege (a/k/a "common interest," "pooled : agreements). If so, please provide the following information the agreement is in a. State whether the agreement is oral or in writing (if nse to this writing, you may provide a copy of the agreement in respo interrogatory); b. State when the agreement was made; or similar document c. State whether there is any memo, email, letter evidencing or memorializing the agreement; d. Identify all parties to the agreement; ; and e. State the date each party entered into the agreement includ ing, but not f. Describe all terms and conditions of the agreement 3 EFTA00724167  tions are covered limited to, what information, documents and communica sure of information by the agreement, the duration of the agreement, disclo itions. to third parties and experts and all other terms and cond VERIFICATION By: STATE OF FLORIDA ) ss COUNTY OF PALM BEACH ) day of , 2010 by SWORN TO AND SUBSCRIBED before me this , who is personally known to me or has produced the following identification which is current or has been issued ifying number. within the past five years and bears a serial or other ident Print Name Signature NOTARY PUBLIC - STATE OF FLORIDA Commission Number: My commission expires: (Notary Seal) 4 EFTA00724168  Certificate of Service I HEREBY CERTIFY that a true copy of t oregoing has been served by fax and U.S. Mail to the following addressees on thi ay of April, 2010: Brad Edwards, Esq. Paul G. Cassell, Esq. Farmer , Jaffe, Weissing, Edwards, Pro Hac Vice Fistos & Lehrman, PL 332 South 1400 E, Room 101 425 N. Andrews Avenue alt Lake Cit UT 84112 Suite 2 Fort La 01 Fax Pho • Fax: Co-counsel for Plaintiff Jane Doe Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, 250 Australian Avenue South Suite 1400 Wes L 33401-5012 Fax: Co- ounse or De endant Jeffrey Epstein By: ROBERT D. CRITTON, JR., ESQ. Florid Bar No. 224162 MICHAEL J. PIKE, ESQ. Florida Bar #617296 BURMAN, CRITTON, LUTTIER & COLEMAN 303 Banyan Blvd., Suite 400 West Palm Beach, FL 33401 hone ax o- ounse or Defendant Jeffrey Epstein) 5 EFTA00724169