EFTA01076824.pdf

IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA028051XXXXMB AB L.M., Plaintiff, v. JEFFREY EPSTEIN, Defendant. EPSTEIN'S MOTION TO COMPEL S ANSWERS TO FOURTH SET OF INTERROGATORIE to Fla. R. Civ. P. 1.380, Defendant, JEFFREY EPSTEIN ("Epstein"), pursuant th Set of Interrogatories and moves to compel Plaintiff, L.M. to answer Epstein's Four states: Fourth Set of 1. On February 25, 2010, Epstein propounded his Interrogatories on LM (attached as Exhibit A). ndant's Fourth 2. On April 1, 2010, LM served Unverified Answers to Defe Interrogatories (attached as Exhibit B). ers to Epstein's 3. First, Epstein moves to compel LM to provide verified answ P. 1.340, which provides that Fourth Set of Interrogatories as required by Fla. R. Civ. in writing under oath...." "[e]ach interrogatory shall be answered separately and fully r answer to 4. Next, Epstein moves to compel LM to provide a bette Interrogatory No. 1, which states: List the names, business addresses, telephone and cell r phone numbers, dates of employment, immediate superviso all (name and address) and rates of pay regarding employers, including self-employment, for whom you have worked since you answered the First Set of Interrogatories EFTA01076824  2008; propounded by Defendant on or about December 10, e you have this includes listing any and all sources of incom received. ry No. 1: 5. LM failed to provide an adequate answer to Interrogato to the Objection, irrelevant, not reasonably calculated to lead ng discovery of admissible evidence, harassing, without waivi has alrea dy objections or invocations of privilege, Plaintiff subject, been deposed since December 2008 on the additionally, she has withdrawn her wage claim. interrogatory seeks 6. Moreover, her objections are not well founded as the wage claim. relevant information notwithstanding that LM withdrew her LM's employment. 7. Epstein is entitled to discovery information regarding of prostitution. Since LM LM has repeatedly testified that Epstein forced her into a life ion of emotional distress in asserts causes of action for battery and intentional inflict related to her employment is addition to her claim under Fla. Stat. §796.09, information So. 2d 1076, 1080 (Fla. 5th clearly relevant and discoverable. See Balas v. Ruzzo, 703 laint that included claims DCA 1997) (holding that since plaintiff filed a multi-count comp in addition to her cause of for battery and intentional infliction of emotional distress, tiff's employment was relevant action under Ha. Stat. §796.09, discovery related to plain and discoverable). 2009 Order on 8. Indeed, Judge Linnea Johnson, in her October 28, ation related to Plaintiff's Epstein's Motions to Compel (DE #377), found that inform cal damage claims: income is directly relevant to her emotional and psychologi Plaintiff ... is seeking millions of dollars in personal injury damages for, among other things, physical injury, pain and al suffering, emotional distress, psychological trauma, ment of self-e steem , anguish, humiliation, embarrassment, loss loss of dignity and invasion of her privacy. ... The sought after tax returns and supporting information will provide 2 EFTA01076825  m damages, both with direct evidence as to Plaintiffs clai y damage claim as well regard to her loss of earning capacit tal health type damage as her emotional psychological/men claims. See DE #377 at 5 - 6. , co- As suc h, info rma tion reg ard ing LM's employment, supervisors 9. ude clie nts and /or cus tom ers is rele van t to her alleged damages, which incl workers, uish suff erin g, em otio nal dist ress , psychological trauma, mental ang pain and acity ion, em bar ras sme nt, loss of self -est eem, loss of dignity and loss of the cap humiliat itted to enjo y life. See Sec ond Am end ed Complaint. For example, LM has adm to was as a pro stitu te and wor king at wha t she called a "jack shack," in which she wor king osition on 1 — 4 men per day. See 2/09/10 Dep paid to masturbate and perform oral sex s in this conduct for which LM is claiming damage of LM at 455 — 458. This is the same nt, is stitute, as well as any other employme case. Accordingly, LM's work as a pro ximate her damage claims and the issue of pro clearly discoverable as it goes directly to causation. osition, LM testified that she is no 10. Moreover, in her February 9, 2010 dep Deposition Transcript of LM ("LM Depo.") at longer engaged in prostitution. See 2/9/10 Dr. Hall, that she still is, in fact, a 365-68. However, she told Epstein's expert, ks information that goes to LM's prostitute. Accordingly, Interrogatory No. 1 see credibility, which is certainly discoverable. should compel LM to provide a 11. For the foregoing reasons, the Court complete answer to Interrogatory No. 1. TEIN, requests the Court enter an WHEREFORE, Defendant, JEFFREY EPS any answer Interrogatory No. 1 and grant order compelling Plaintiff, L.M., to fully 3 EFTA01076826  and proper. additional relief the Court deems just CERTIFICATE OF SERVICE U.S. y of the foregoing was sent by fax and I HEREBY CERTIFY that a true cop this 27th day of April, 2010: Mail to the following addressees on Jack Alan Goldberger, Esq. Brad Edwards, Esq. os & Atterbury Goldberger & Weiss, P.A. Farmer, Jaffe, Weissing, Edwards, Fist 250 Australian Avenue South Lehrman, PL Suite 1400 424 N. Andrews Avenue, Suite 2 West Palm Beach, FL 33401-5012 Fort Lauderdale, FL 33301 Co-Counsel for Defendant Jeffrey Epstein Counsel for Plaint! Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 Phone Fax Co-cou nse l for Plaintiff LLP BURMAN CRITTON LUTTIER & COLEMAN, 303 Banyan Boulevard, Suite 400 West Palm Beach, FL 33401 ax By: Robert i. itt. , Jr. Florida Bar a Michael J. Pike Florida Bar a (Counsel for Defendant Jeffrey Epstein) 4 EFTA01076827  IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA L.M., CASE NO. 502008CA028051XXXXMB AB Plaintiff, v. JEFFREY EPSTEIN Defendant. DEFENDANTS NOTICE OF SERVING FOURTH SET OF INTERROGATORIES TO PLAINTIFF Defendant, Jeffrey Epstein, (hereinafter "Mr. Epstein"), files this Notice of Serving Fourth Set of Interrogatories to Plaintiff L.M., pursuant to Rule 1.340, Florida Rules of Civil Procedure, and request the Plaintiff to answer said interrogatories in writing within thirty (30) days from date of service hereof. Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Mail to the following addressees on thistay of February , 2010: Brad Edwards, Esq. Jack Alan Goldberger, Esq. Farmer, Jaffe, Weissing, Edwards, Fistos Atterbury Goldberger & Weiss, P.A. & Lehrman, PL 250 Australian Avenue South 425 N. Andrews Avenue, Suite 2 Suite 1400 Fort Lauderdale, FL 33301 West Palm Beach, FL 33401-5012 954-524-2820 Fax: 561-835-8691 954-524-2822 - fax Co-Counsel for Defendant Jeffrey Epstein [email protected] Counsel for Plaintiff Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 EXHIBIT A EFTA01076828 904-680-1234 Phone 904-680-1238 Fax Co-counsel for Plaintiff BURMAN, CRITTON, LUTHER & COLEMAN, LLP 303 Banyan Boulevard, Suite 400 West Palm B ch, FL 33401 (561) 84 (561) By: D. Critton, Jr. Florida Bar #224162 Michael J. Pike Florida Bar #617296 (Counsel for Defendant Jeffrey Epstein) 2 EFTA01076829  DEFINITIONS AND INSTRUCTIONS ., and all her agents, employees, 1. The term "Plaintiff' refers to L.M or anyone else acting on their behalf. representatives, attorneys, accountants rey Epstein and all his agents, 2. The term "Defendants refers to Jeff other person or persons acting or purporting to representatives, employees, assigns, or act on its behalf. construed both conjunctively and 3. The words "and" and "or" shall be ular t incl usive rather than exclusive. The sing disjunctively so as to make the reques and the plural to include the singular. shall be construed to include the plural an any oral or written statement or 4. The word "communication(s)" shall me g but not between two or more persons, includin exchange of information of any type or face-to-face conversations, meetings or limited to documents, telephone conferences. ing of every kind, including, but 5. The word "document" shall mean any writ , report, file folder, envelope, file cabinet drawer not limited to, any letter, book, record commu nication, drawing, chart, draft, schedule, label, memorandum, correspondence, other put er program computer printout and any photograph, tape, disc, card, wire, com from script of any other instrument or device electronic or mechanical recording or tran thought, or which is used to memorialize human which information can be perceived cument" tody, or control of Plaintiff. The term "do speech or action in the possession, cus the original tion in addition to that contained on also includes copies containing informa . The documents referred to in any document and all the attachments, enclosures, or synonymo us in meaning and equal in scope to term "document° is also defined to be 3 EFTA01076830  g, without Rule of Civil Procedure 34(a), includin the usage of this term in Federal ntical copy is data compilations. A draft or non-ide limitation, electronic or computerized ning of this term. a separate document within the mea any natural person, individual, 6. The word "person" shall mean , par tne rsh ip, corp ora tion , ass ociation, organization, joint venture proprietorship, , or trus t or oth er bus ines s ente rpri se, governmental body or agency business other me nta l, pub lic, lega l, or bus ines s ent ity, or group of natural persons or govern entities whether suijuris or otherwise. r to, contain, allude to, respond to, 7. The phrase "relate to" shall mean refe constitute, lose, explain, mention, analyze, comment upon, discuss, show, disc directly support, refute or characterize, either comprise, evidence, set forth, summarize, or indirectly, in whole or in part. natural person, means to state the 8. "Identify," when used to refer to a following: the present address is not know, (a) his or her full name and address (or, if his or her last known address); h of his or her employers, each (b) the full name and address of eac er or director, and each business corporation of which he or she is an offic in which he or she is a principal; sent position is not known, his or (c) his or her present position (or if the pre of the act to which the Interrogatory her last known position(s) at the time response relates). enable Defendant to identify the (d) Such other information sufficient to person. ity other than a natural person 9. "Identify" when used to refer to any ent means to state the following: 4 EFTA01076831  (e.g., corporation, (a) The full name of the entity, the type of the entity of business, its partnership, etc.), the address of its principle place jurisdiction under principle business activity, and if it is a corporation, the ion. which it has been organized and the date of incorporat or Communication 10. "Identify," when used with reference to a Document means to state the following: um, etc), date of (a) the nature of the document (e.g., letter, memorand address of each creation, author, place of preparation, the name and addressee; (b) The identity of each signatory; (c) The title or heading of the document; (d) the general substance and subject matter; known); (e) Its present location and custodian (or, if not know, the last ment was sent and (f) the identity of each person to whom a copy of the docu disposition; each date of its receipt and date of its transmittal or other mittal or other (g) The circumstance of each such receipt and each trans receiving it. disposition, including identity of the person transmitting and and correct 11. In lieu of identifying any document, Plaintiff may attach a true Interrogatories, along with copy of such document as an exhibit to its response to these is responsive. an explicit reference to the Interrogatory to which each document n at the time 12. If the response to all or part of any Interrogatory is not know to that effect, furnish the the initial response is made, please include a statement ogatory by amended or information that is known or available, and respond to the Interr days of the date on which supplemental response in writing under oath within ten (10) the complete response becomes known or available. 5 EFTA01076832  PLAINTIFF FOURTH SET INTERROGATORIES TO es of telephone and cell phone numbers, dat 1. List the names, business addresses, me and address) and rates of pay me nt, imm edia te sup ervi sor (na employ ked -employment, for whom you have wor regarding all employers, including self end ant on rrogatories propounded by Def since you answered the First Set of Inte me udes listing any and all sources of inco or about December 10, 2008; this incl you have received. y eac h phy sici an or me dica l provider (including mental health Identif 2. and therapists) with whom you have professionals, drug or alcohol counselors sult ed or who has trea ted or exa mined you, and identify each facility con lities, whether inpatient or outpatient) (including drug or alcohol treatment faci re you hav e rec eive d any con sult atio n, examination or treatment that is in whe n, e as to each the date of consultatio any way related to this case; and stat you condition or other reason for which examination or treatment and the injury, wered the First Set of Interrogatories were examined or treated since you ans ember 10, 2008. propounded by Defendant on or about Dec ht by use of the these Interrogatories for the information soug Please refer to the "Definitions" section of term "identify.' EFTA01076833  luding and phone numbers of all males, exc List separately the names, addresses the 3. tein , with who m you hav e had sexual activity since you answered Mr. Eps by Defendant on or about December 10, First Set of Interrogatories propounded the 8 up thro ugh the cur rent date. Describe the nature of sexual activity, 200 son. ney or other consideration from the per date(s) and whether you received mo site you now , or hav e you eve r bee n a member of a social networking web 4. Are ilar om, Bebo.com, Flickr.com or any sim such as MySpace.com, Facebook.c websites? sites of which you are currently a a. If so, please list all social networking web s of which you were previously a member; list all social networking website ed each site and the date you member and state the date you join . cancelled your membership with each site names or "handles" you used for b. Also, please list all usernames, screen you were ever a member. Also, each social networking site of which tors ("URL") for each social please provide all uniform resource loca or were previously a member (i.e. networking website of which you are, myspace.co artedoe). 7 EFTA01076834  online dating website such 5. Are you now, or have you ever been a member of an r website? as match.com, eharmony.com, cupid.com or any simila you are currently a a. If so, please list all online dating websites of which were previously a member; list all online dating websites of which you and the date you member and state the date you joined each site cancelled your membership with each site. les" you used for b. Also, please list all usernames, screen names or "hand a member. Also, each online dating website of which you were ever ite of which you please provide all URLs for each social networking webs are, or were previously a member (i.e. match.com/janedoe). ? If so, please state 6. Do you, or have you ever kept, a diary or journal since 2002 her it was/is kept on whether the diary or journal was/is kept in hard copy or whet a computer or other electronic device. ical attributes a. if the diary or journal was kept in hard copy, describe its phys its current (i.e. book, collection of loose paper, day planner) and state location. 8 EFTA01076835  electronic device, b. If the diary or journal was/is kept on a computer or other ding the make and please identify the computer or electronic device, inclu device; and state model; identify the owner of the computer or electronic e. If the current the current location of the computer or electronic devic of the computer location is unknown, please state the last known location or electronic device. address, home c. Identify all individuals, including their full name, current that have read any telephone number and cellular telephone number, portion of the diary or journal. journal. If so, d. Please state whether any copies were made of the diary or including their state the number of copies made and identify all individuals, and cellular full name, current address, home telephone number the diary or telephone number, who have, or at any time had, a copy of journal. identify the owner of 10. Please identify all computers you have used since 2002 and each computer, if each computer; state the make, model and current location of state each location in the current location of a particular computer is unknown, which you used last used each computer. 9 EFTA01076836  — 2010, including their 11. Please identify your five closest friends for the years 2006 cellular telephone full name, current address, home telephone number and number. in's residence? 12. Do you intend to call at trial other females who went to Mr. Epste curre address, home nt If so, please identify each individual, including their name, her counsel. Also, telephone number and cellular telephone number, and identify please state the substance of each witness's testimony. 10 EFTA01076837  VERIFICATION By: STATE OF FLORIDA ) ) ss COUNTY OF PALM BEACH ) SWORN TO AND SUBSCRIBED before me this day of , 2010 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) 11 EFTA01076838  IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502008CA028051X)=MB AB L.M. Plaintiff, v. JEFFREY EPSTEIN, Defendant. NOTICE OF SERVICE OF PLAINTIFF'S UNVERIFIED ANSWERS TO DEFENDANT'S FOURTH INTERROGATORIES Plaintiff, L.M., hereby files her Notice of Service of Plaintiffs Unverified f t 12i -01-1' Answers to Fourth Interrogatories propounded by Defendant on-March-25, 2010. CERTICATE OF SERVICE I HEREBY CERTIFY that the original of the above and a copy of the foregoing has been provided this day of April 2010 via U.S. Mail and email transmittal to all those on the attached service list Fanner, Jaffe, Welssing, Edwards, Fistos & Lehnhan, 425 N. Andrews Ave., Suite 2 Fort Lauderdale, FL 33301 (954) 524-2820 (954) 524-2822 fax [email protected] By: BRADLEY J. EDWARDS Florida Bar No.: 542075 EXHIBITL. EFTA01076839  SERVICE UST Robert D. Critton, Jr. BURMAN, CRI1TON, et al. 303 Banyan Boulevard, Suite 400 West Palm Beach, FL 33401 Jay Howell, Esq. Jay Howell & Assoc. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 Jack Alan Goldberger, Esq. Atterbury Goldberger et al. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 EFTA01076840  PLAINTIFF'S ANSWERS TO FOURTH INTERROGATORIES numbers, dates of 1. List the names, business addresses, telephone and cell phone and rates of pay employment, immediate supervisor (name and address) whom you have worked regarding all employers, including self-employment, for on ies propounded by Defendant since you answered the First Set of Interrogator sources of income listing any and all or about December 10, 2008; this includes you have received. ANSWER: Objection, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, harassing, without waiving objections or invocations of privilege, Plaintiff has already been deposed since December 2008 on the subject, additionally, she has withdrawn her wage claim. 2. Identify' each physician or medical provider (including mental health have professionals, drug or alcohol counselors and therapists) with whom you consulted or who has treated or examined you, and identify each facility (including drug or alcohol treatment facilities, whether inpatient or outpatient) is in where you have received any consultation, examination or treatment that state as to each the date of consultation , any way related to this case; and examination or treatment and the injury, condition or other reason for which you Interrogatories were examined or treated since you answered the First Set of propounded by Defendant on or about December 10, 2008. ANSWER: Amy C. Swan, Psy.D. 918 N. E. 26th Avenue Fort Lauderdale, FL 33304 Interrogatories 3-12 ANSWERS: Objection, beyond the limit of Interrogatories allowed pursuant to FRCP 1.340. EFTA01076841