EFTA00599160.pdf

C rw4.-ta. \-2 • BURMAN, CRITTON LUTTIERSLCOLEMAN,LLP YOUR TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP J. MICHAEL BURMAN. PA." ADELOVI J. RENAVENTE GREGORY W. COLEMAN. RA- PARALEGAL/INVESTIGATOR ROBERT D. CRITTON. JR.. PA. ' JESSICA CADWELL BERNARD A. LEBEDEKER BOBBIE M. MCKENNA MARK T. LUTTIER. PA. ASHLIE SICKEN-BARING JEFFREY C. PEPIN BETTY STOKES MICHAEL J. PIKE PARALEGALS HEATHER MCNAMARA RUDA DAVID A. YAREmA January 8, 2010 RITA H. BUDNYK Of COUNSEL EDWARD M. RJCCI 'FLORIDA WAIN) CIRTIFItD CIVIL TRIAL LAWYER SPtCIM CONSUMER 2ADMITTED TO PRACTICE IN FLORIDA AND COLORADO JUSTICE COUNSEL BY HAND DELIVERY Judge Donald Hafele Fifteenth Judicial Circuit 205 North Dixie Highway Courtroom 11B West Palm Beach, FL 33401 Re: B.B. v. Jeffrey Epstein, et al. Case No. 502008CA037319XXXX MBAB 1/26/10, 8:10 a.m. - 30-minute Special Set Hearing on Defendant Epstein's Motion for Sanctions against Spencer Kuvin, Esq. and Alternative Motion to Identify Dear Judge Hafele: With reference to the above-mentioned 30-minute special set hearing on January 26, 2010, enclosed please find Defendant, Epstein's Supplement to His Motion for Sanctions Against Spencer Kuvin, Esq. and Alternative Motion to Identify Based Upon B.B.'s Counsel, Spencer Kuvin, Making Several tatements to the Media and By Identifying B.B. By Her Full Legal Name in a Pu lic ocument. Cordi-ly urs, Mich Pike MJP/clz Enclosures cc: Spencer Kuvin, Esq. Jack Goldberger, Esq. 303 BANYAN BOULEVARD • SUITE 4O0 • WEST PALM BEACH. FL 33401 • PHONE: 561-842-2820 • FAX: 561-844-6929 • MAILBOBCLCLAW.COM WWW.BCLCLAW.COM EFTA00599160  IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA037319XXXXMB AB B.B., Plaintiff, v. JEFFREY EPSTEIN and Defendants. Defendant, Epstein's Supplement to His Motion For Sanctions Against Spencer Kuvin, Esq. And Alternative Motion To Identify Based Upon B.B.'s Counsel, Spencer Kuvin. Making Several Statements to the Media and By Identifying B.B. By Her Full Legal Name In a Public Document Defendant, JEFFREY EPSTEIN ("Mr. Epstein"), by and through his undersigned attorneys hereby files his Supplement to his Motion for Sanctions and Alternative Motion to Identify B.B. (the "Initial Motion"). In support, Epstein states as follows: 1. As stated in Epstein's Initial Motion, Mr. Kuvin continues to utilize this case and other related matters to "plug" himself and his firm and, in doing so, has brought direct attention to his client and her case. For the reasons set forth below, it is unfair to allow B.B. to continue to travel under a pseudonym based upon B.B. and her lawyer collectively litigating this case in the media, and because B.B. has now been publicly identified by Mr. Kuvin. See infra. 2. Despite the fact that Mr. Kuvin represents only one (1) plaintiff, he has made more statements to the media than any other Plaintiff's lawyer involved in EFTA00599161  B.B. v. Epstein Case No. 2008CA037319XXXXNIBAB Page 2 of 7 these matters — even when the media is not addressing his client. Mr. Kuvin's carefree attitude and lackadaisical media stunts gives good reason for this court to identify B.B. in the style of this case, especially considering that Mr. Kuvin himself recently filed a public document identifying B.B. by her full legal name. See Plaintiff's Motion for Leave to Amend her Complaint and to Add a Claim for Punitive Damages attached hereto as Composite Exhibit "A," and specifically see Plaintiffs Answers to Interrogatories attached thereto as Exhibit "E" wherein B.B. is identified by her full legal name.1 This filing was in part the subject of a Palm Beach Daily News article dated December 13, 2009. 3. Additionally, Mr. Kuvin has made statements to the media which have been published in the following articles, television broadcasts and on the following websites: a. New York Post, December 28, 2009, http://www.nvpost.com/p/papesix/babes suing epstein feel heat CaiFdOphotZWMvhGGXvxWL b. Sun Sentinel, December 22, 2009, http://www.sun- sentinel.cominews/palm-beachffl-billionaire-lawsuits- 20091222,0,1798371.story c. New Times, December 10, 2009, http://bloes.browardpalmbeach.com/iuice/2009/12/epstein depositi on egg-shaped penis.php 1 All of the exhibits attached to the Motion for Leave to Amend and Add a Claim For Punitive Damages were not attached hereto because that particular motion has a voluminous number of documents attached to it. EFTA00599162 B.B. v. Epstein Case No. 200BCA037319X>CaMBAB Page 3 of 7 d. You Tube Video, http://www.youtube.corrilwatch?v=l6cDF9nSYaU. e. Page 2 Live, September 17, 2009, http://www.page2live.com/2009/09/17/perv-epstein-wont-talk-about- his-penis/ f. WPTV Channel 5, December 23, 2009, http://www.wpty.com/content/news/centralpbc/palmbeach/stondieffrev- epstein-sex-suit-women-palm-beach/KRe4MOASgEKacVX6iCTk7O.cspx 9. Palm Beach Daily News, July 21, 2009, http://www.palmbeachdailynews.com/news/content/news/2009/07/2 1/webepstein072109.html h. Fox Channel 29, September 18, 2009, http://www.wflx.com/plobal/story.asp?s=11159150 i. Business News from the Press Register, December 23, 2009, http://blog.al.com/press-register- business/2009/12/billionaire money manager sett.html j. Florida AP — Miami Herald, December 23, 2009, http://www.miamiherald.com/news/florida/AP/story/1395776.html?st orylink=mirelated k. Palm Beach Post, September 3, 2009, http://www.palmbeachpost.com/localnews/content/local news/ePaP er/2009/09/03/0903epstein.html I. CBS News Channel 12, September 18, 2009, http://www.cbs12.com/news/epstein-4721230-deal-girls.html EFTA00599163 B.B. v. Epstein Case No. 2008CA037319XXX.XINBAB Page 4 of 7 m. News Channel 4 Jacksonville, December 23, 2009, http://www.news4iax.cominews/22044676/detail.html n. Leopold Kuvin Website, September 11, 2009, http://www.leopoldkuvin.com/CM/Custom/BreakinqNews.asp o. Gainseville.com, December 23, 2009, http://m.qainesville.com/qvkib 39970/contentdetail.htm:isessionid= 3FC249F4B81341058656BE2947E147E3?contentquid=sNMQHxP h&detailindex=4&pn=0&ps=5 p. Sun Sentinel, December 9, 2009, http://www.sun- sentinel.cominews/palm-beachlThepstein-suit- 20091209,0,7391883.story q. NBC Miami, December 23, 2009, http://www.nbcmiami.cominews/local-beat/Billionaire-Chips-Away- at-Multitude-of-Sex-Suits-79979762.html r. South Florida Sun Sentinel, December 5, 2008, http://www.leopoldkuvin.com/CM/BreakinqNews/Palm- Beach°/020billionaire-sued-aqain-over-underaqe-sex- alleqations%20.pdf s. Orlando Sentinel, December 9, 2009, http://www.orlandosentinel.com/fl-epstein-suit- 20091209,0,6315274.story EFTA00599164  8.5. v. Epstein Case No. 2008CA037319XXXXMBAB Page 5 of 7 t. Access My Library, http://www.accessmylibrary.com/coms2/summary 0286- 36022598 ITM u. CBS 12, July 22, 2009, htto://www.cbs12.com/news/epstein- 4719887-vear-iail.html v. USA Today, December 9, 2009, httb://content.usatoday.comnopics/quote/David+Copperfield/09vSeCF1 xO129/0dhZ4EQ1F62q3/5 w. Palm Beach Post, December 8, 2009, http://www.palmbeachpost.corrYnews/victims-lawyers-say-sex- offender-s-lawsuit-aimed-108575.html2 4. Also attached is an interesting facebook post by and between Spencer Kuvin and Brian Seymour. See Exhibit "B". Exhibit "B" was provided to the undersigned counsel by Jack Goldberger who obtained same from another local lawyer. The comment made by Spencer Kuvin on Exhibit "B" speaks for itself, and further supports Epstein's request for sanctions. 5. Based upon Mr. Kuvin and his firm publicly identifying his client coupled with the many statements he provided to the media about his client's case, B.B. should now be identified in the style of this case. To hold otherwise would prevent Epstein from discovering facts and witnesses that could support his defenses against B.B., and would further prevent Epstein from eliminating the likelihood of unfair surprise at trial. It is the undersigned's experience in these type 2 The foregoing is but a sample of the of the publications and media broadcasts that resulted from Mr. Kuvin's statements to the media. EFTA00599165  B.B. v. Eostein Case No. 2008CA037319XXXXMBAB Page 8 of 7 cases that once a "Doe" is identified, witnesses come forward with information that support a Defendant's defenses. This valuable discovery should not be stifled merely because B.B. wishes to travel under a pseudonym after 6. As stated in the Initial Motion, courts have reasoned that there is no express or implied right to bring an action anonymously. Moreover, Fed. R. Civ. P 10(a) requires that the complaint include the names of the parties. Furthermore, Plaintiff is now an adult, and under the current circumstances set forth herein, the fact that she "might" suffer some personal embarrassment, standing alone, does not require the granting of a request to proceed under a pseudonym, especially when she, by and through her attorney or otherwise, has taken active steps to litigate her case in the media. She clearly is not embarrassed that her attorney is a "media hound", nor is she embarrassed that her case and her attorney's actions may be prejudicing Mr. Epstein's right to a fair trial. WHEREFORE, Defendant, JEFFREY EPSTEIN, respectfully requests the Court enter an order granting the relief requested herein and in the Initial Motion, and for any additional relief the Court deems just and proper. Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was sent by fax and U.S. Mail to the following addressees on this 8th day of January, 2010: EFTA00599166 B.B. v. Epstein Case No. 2008CA037319XXXXMBAB Page 7 of 7 Theodore J. Leopold, Esq. Jack Goldberger, Esq. Spencer T. Kuvin, Esq. Atterbury, Goldberger & Weiss, P.A. Leopold-Kuvin, P.A. 250 Australian Avenue South, 2925 PGA Blvd., Suite 200 Suite 1400 Palm Beach Gardens, FL 33410 West Palm Beach, FL 33401 Fax: 561 697 2383 Fax: 561 835 8691 Counsel for Plaintiff B.B. Co-counsel for Defendant Jeffrey Epstein BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 (561) 842-2820 (561) 515-3148 By: Robert D. Critton, Jr. Florida Bar #224162 Michael J. Pike Florida Bar #617296 (Counsel for Defendant Jeffrey Epstein) EFTA00599167  IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502008CA037319XXXXMB AB B.B, Plaintiff, COPY vs. RECEIVED FOR FILING JEFFREY EPSTEIN, DEC 1 1 '&105 SHARON R. BOCK Defendant. CLERK& COMPTROLLF-R CIRCUIT CIVIL DIVISION MOTION FOR LEAVE TO AMEND TO ADD A CLAIM UNDER RICO AND PUNITIVE DAMAGES Plaintiff, B.B., by and through undersigned counsel, and files this Motion for Leave to Procedure Amend Complaint to Seek Punitive Damages pursuant to Florida Rule of Civil 1.190(f) and F.S. § 768.72 and as grounds therefore, states as follows: R.I.C.O. 1. This is an action currently includes a cause of action for: Intentional infliction of emotional distress and Sexual Battery . 2. Pursuant to Florida rule of Civil Procedure 1.190(a) Plaintiff seeks leave to amend "RICO" Fla. Star to add a separate count for Racketeer Influenced and Corrupt Organization Act §§895.01 et.seq. 3. Defendant has already answered the previous complaint and there is no prejudice to Defendant by allowing this amendment. EFTA00599168  given. "The public policy of 4. Pursuant to Rule 1.190(a) amendments should be freely r v. Ferrell, 666 So. 2d 556, 557 (Fla. Florida is to freely allow amendment of pleadings," Carte of a pleading constitutes an abuse of 2d DCA 1995), and the "'[r]efusal to allow amendment t would prejudice the opposing discretion unless it clearly appears that allowing the amendmen amendment would be futile." Video party; the privilege to amend has been abused; or n, 792 So. 2d 680, 681 (Fla. 4th DCA Independent Medical Examination, Inc. v. City of Westo DCA 1993)). 2001) (quoting Spradley v. Stick, 622 So. 2d 610, 613 (Fla. 1st ing counsel but has 5. This case is not set for trial, and undersigned contacted oppos to this amendment received no response, as to whether there was any objection at Ex. A. 6. A Copy of the proposed Amended complaint is attached PUNITIVE DAMAGES AMENDMENT laint seeking punitive 7. Additionally, Plaintiff moves to fi le her Amended Comp damages in this cause. ges where there is an 8. It is well settled that a jury may award punitive dama intentional tort involving sexual assault/battery. dant engages in conduct 9. Punitive damages are available as a remedy if the defen gross negligence amounting to wanton that is malicious, oppressive, or committed with such Company v. Waters, 638 So. 2d 502 (Fla. disregard for the rights of others. See W.R. Grace & 1994). damages, the trial court must 10. Before a Plaintiff may assert a claim for punitive of punitive damages. age Simeon, Inc. v. determine that there is a reasonable basis for recovery nable basis can be demonstrated by either a Cox, 671 So. 2d 158 (Fla. 1984). This reaso or by a proffer of the evidence to come. presentation of supporting evidence already in the record Page 2 of 4 EFTA00599169 See Strasser v. Yalamanchi, 677 So. 2d 22 (Pla. 4th DCA 1996). 11. By way of proffer, the evidence that will be presented in this case is that Defendant Epstein committed sex acts, and other criminal acts, against Plaintiff while Plaintiff was a minor. These acts were malicious and evidencing wanton disregard for her rights. More specifically, the evidence will show that Defendant sought out underprivileged and economically disadvantaged minor females, including Plaintiff, and preyed upon them to satisfy him sexually. He achieved his goal of converting these minors, including Plaintiff, into personal prostitutes for him and influenced them away from a typical adolescent lifestyle. At the time Defendant Epstein was committing these criminal sex acts against Plaintiff he did so with intent to injure Plaintiff or otherwise with complete disregard for the high likelihood that his acts would result in injury to Plaintiff 12. Plaintiff's claim for Punitive Damages is further supported at this time by the following record evidence being filed contemporaneous with this Motion: a. Deposition of Jeffrey Epstein (Ex. B); b. Deposition of (Ex. C); c. Deposition of Palm Beach Police Chief Reiter (Ex. D); d. Interrogatory responses of Plaintiff, B.B. (Ex. E); 13. Plaintiffs claim for Punitive Damages is further supported because Defendant invoked his 5th amendment right to remain silent and from which adverse inferences against Defendant should be drawn, and the deposition testimony of Defendant Jeffrey Epstein (Ex. B), wherein he was questioned about the crimes he committed against B.B. and other minor victims, to which he invoked his right against self-incrimination. 14. Therefore, Plaintiff moves to amend the complaint, by adding a count for Battery Page 3 of 4 EFTA00599170 and for punitive damages. 15. In compliance with Florida Rule of Civil procedure 1.190(1), this Motion is being served on Defendant more than 20 days before the hearing on this motion regarding the Punitive Damages amendment. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order allowing Plaintiff to file a Second Amended Complaint, adding a RICO count and to allow Plaintiff to seek Punitive Damages, and for any further relief this Court finds just and necessary. CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, this L day of1) C , 1.609 to Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 33401; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 303 Banyon Boulevard, Suite 400, West Palm Beach, FL 33401. LEOPOLD—KUVIN, P.A. 2925 PGA Boulevard Suite 200 Palm B (561)51 (561)51 By: Florida Bar No.: 089737 Page 4 of 4 EFTA00599171  IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B, CASE NO: 502008CA037319XXXXMB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendants. PLAINTIFF'S NOTICE OF SERVING SUPPLEMENTAL ANSWERS TO DEFENDANT JEFFREY EPSTEIN'S FIRST SET OF INTERROGATORIES DATED DECEMBER 18, 2008 COMES NOW, Plaintiff B.B., by and through her undersigned counsel, pursuant to Florida Rules of Civil Procedure, hereby files this her Notice of Serving Answers to Defendant JEFFREY EPSTEIN's First Set of Interrogatories dated December 18, 2008. CERTIFICATE OF SERVICE • •- ••- . • _ • • • • HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, this 1 day of June, 2009 to: Robert Critton, Jr., Esq., 515 N. Flagler Drive, Suite 400, West Palm Beach, FL 33401; Jack A. Goldberger, Esq., Atterbury Goldberger & Weiss, PA., 250 S Australian Avenue, Suite 1400, West Palm Beach, FL 33401. LEOPOLD-KUVIN, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 (561) 51 (561) B : Esc!. Flon a Bar No.: 089737 EFTA00599172  GENERAL OBJECTIONS 1. Plaintiff objects to Defendant's First Interrogatories as a violation of Rule 1.340(a), because with subparts, they exceed the number permitted by law. 2. Plaintiff objects to Defendant's First Interrogatories as overbroad, unduly burdensome and harassing. Page 2 of 5 •.. EFTA00599173  PLAINTIFF'S SUPPLEMENTAL ANSWERS TO DEFENDANT EPSTEIN'S In SET OF INTERROGATORIES 1. What is the name and address of all persons answering or assisting in answering these interrogatories, and, if applicable, the person's official position or relationship with the party to whom the interrogatories are directed? ANSWER: With counsel from my attorneys. 15. List all dates you allege you were at Mr. Epstein's home in Florida, include date, time arrived and left, the name(s) of anyone who went with you to the home when you were there, the time spent with Mr. Epstein and the name(s) and address of any individuals who were present in the home with Mr. Epstein and you. ANSWER: Please see the Com taint. I am unsure of the exact day of incident and it was only one time. accompanied me there. The cab driver (identity unknown) drove us to Mr. Epstein's borne. Unknown girl in shower. Jeffrey Epstein. Possible oriental woman in kitchen. SUPPLEMENTAL ANSWER: As best I can recall, the incident happened during the summertime when I was 14 years old. This would place the date during the Summer of 2003. I do not remember the exact date or month. The cab that took me and to Epstein's home came to my house in the afternoon hours (I do not know the exact time). We drove to Epstein's home and the only people present in the home that I was aware of included arroriental woman • in the kitchen (who I did not know) and a girl who er stepped out of a sauna/show (who I do not know). The girl who stepped out of the shower/sauna looked a little older and taller than me. I do not know the addresses for MIME, the oriental woman or the girl from the shower/sauna. I do not know exactly bow long I spent at Mr. Epstein's home, but it was about 1-2 hours. It was still ' t outside when the cab came to pick up me and 16. State in detail how you came to be at Mr. Epstein's home on each occasion, i.e. did someone bring you or ask you if you would or wanted to go; if so, state the name and address of that individual and what he/she told you and the purpose of your visit. ANSWER: See Complaint and response to interrogatory number 15. SUPPLEMENTAL ANSWER: I came to be at Mr. Epstein's home because Alex Sommerville approached me and asked if I would be Page 3 of 5 EFTA00599174 interested in malting some money. At the time, I was 14 years old and said "sure." She explained that I would have to give some guy a massage, and if I were to get naked I could get $200 and if I wore my underwear I would get $175. Alex ould give my cell phone number to who would call me. I had t efore this incident called me on my cell phone and asked me if I wanted to go and I said yes. She then came in a taxi and picked me up at my house as described above. (See Supplemental Response to Interrogatory number 15). The time described above in my supplemental response to interrogatory number 15 is the only • r. Epstein's home. I do not know ome address, but at the time Of the node f descrihed shove her mo her lived in the Page 4 of 5 EFTA00599175  •Simme le . . . a n urbeferr5t w' mo com/briantey 17X 40 eerch 6. 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