EFTA00222049.pdf
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 1 of 24
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-CV-80119-MARRA-JOHNSON
JANE DOE NO. 2,
Plaintiff,
I.
JEFFREY EPSTEIN,
Defendant.
DEFENDANT JEFFREY EPSTEIN'S RESPONSE & OBJECTIONS
TO PLAINTIFF'S AMENDED FIRST REQUEST FOR PRODUCTION
Defendant, JEFFREY EPSTEIN, by and through his undersigned counsel,
serves his responses and objections to Plaintiffs Amended First Request For
Production To Defendant, dated December 9, 2008.
Request No. 1. The list provided to you by the U.S. Attorney of individuals
whom the U.S. Attorney was prepared to name in an Indictment as victims of an
offense by Mr. Epstein enumerated in 18 U.S.C. §2255.
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
EXHIBIT "B"
EFTA00222049
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 2 of 24
Jane Doe No. 21. Epstein
Page 2
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated.
Request No. 2. All documents referring or relating to the United States'
agreement with Defendant to defer federal prosecution subject to certain
conditions, including without limitation, the operative agreement between
Defendant and the United States and all amendments, revisions and
supplements thereto.
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
EFTA00222050
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 3 of 24
Jane Doe No. Epstein
21.
Page 3
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated.
Request No. 3. All documents referring or relating to Defendant's agreement
with the State of Florida on his plea of guilty to violations of Florida Criminal
Statutes, including without limitation, the operative plea agreement and any
amendments, revisions and supplements thereto.
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
EFTA00222051
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 4 of 24
Jane Doe No. 2'. Epstein
Page 4
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Whatever public documents exist are in the State Court file and
equally accessible to Plaintiff.
Request No.4. All documents obtained in discovery or investigation relating
to either the Florida Criminal Case or the Federal Criminal Case, including
without limitation, documents obtained from any federal, state, or local law
enforcement agency, the State Attorney's office and the United States Attorney's
office.
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
EFTA00222052
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 5 of 24
Jane Doe No. 2'. Epstein
Page 5
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Request No. 4 seeks documents that are attorney-client and
work product privileged in that it seeks "all documents obtained in discovery or
investigation relating either to the Florida Criminal Case or the Federal Criminal
Case ... ." In addition, such documents are privileged and confidential as they
are the subject of a pending investigation.
Request No. 5. All telephone records and other documents reflecting telephone
calls made by or to Defendant, including without limitation, telephone logs and
message pads.
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
EFTA00222053
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Jane Doe No. 2 I. Epstein
Page 6
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Defendant objects as the request is overbroad and seeks
information that is neither relevant to the subject matter of the pending action nor
does it appear reasonably calculated to lead to the discovery of admissible
evidence. Plaintiffs complaint alleges a time period of "in or about 2004 — 2005."
Plaintiffs request seeks information for a time period of January 1, 2003 until
present regarding any and all telephone records and other documents reflecting
any and all telephone calls made to or by Defendant. As phrased, the request
includes attorney-client and work product privileged information, as well as
records and documents of calls having absolutely no relationship to any of the
allegations in this action.
Request No. 6. All telephone records and other documents reflecting telephone
calls made by or to Defendant, including without limitation, telephone logs and
message pads, reflecting telephone calls made by or to employees.
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
EFTA00222054
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Jane Doe No. 2'. Epstein
Page 7
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, as defined by Plaintiff in
paragraph g of her request, the term employee is overly broad and encompasses
information that is neither relevant to the subject matter of the pending action nor
does it appear reasonably calculated to lead to the discovery of admissible
evidence. Further, the request seeks information pertaining to person who are
not parties to this action and whose privacy rights are implicated.
Request No. 7. All surveillance videos, slides, film, videotape, digital recording
or other audio or video depiction or image of the Palm Beach Residence.
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
EFTA00222055
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Jane Doe No. 21. Epstein
Page 8
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiff's request seeks information for a time period of January 1, 2003
until present regarding "all surveillance videos, etc., or image of the Palm Beach
Residence."
Request No. 8. All documents referring or relating to Plaintiff Jane Doe No. 2,
including without limitation, web pages, social networking site pages,
correspondence, videotapes and audiotapes.
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
EFTA00222056
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Jane Doe No. 21. Epstein
Page 9
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 is overly broad, work product,
attorney-client privileged, and confidential.
Request No. 9. All statements taken, transcribed or recorded from any person
referring or relating to Defendant's sexual conduct, massages given to Defendant
or any issue in these cases.
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
EFTA00222057
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Jane Doe No. 2'. Epstein
Page 10
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 is overly broad, work product,
attorney-client privileged, and confidential.
Request No. 10. All documents referring to or relating to air travel and aircraft
used by Defendant, including without limitation, flight logs and flight manifests.
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 is overly broad, work product,
attorney-client privileged, and confidential. Plaintiffs complaint alleges a time
period of "in or about 2004 — 2005." Plaintiff's request seeks documents for a
EFTA00222058
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Jane Doe No. 2'. Epstein
Page 11
time period of January 1, 2003 until present regarding air travel and aircraft used
by Defendant.
Request No. 11. Any and all documents referring to or relating to modeling
agencies, including but not limited to documents relating to or reflecting
communications with female models.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222059
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Jane Doe No. 2'. Epstein
Page 12
Request No. 12. All photographs, videotapes, digital images and other
documents depicting or showing females who, at the time thereof, were under
the age of 21, which were taken or created by or for Defendant and not intended
for sale commercially to the public.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222060
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Jane Doe No. 21. Epstein
Page 13
Request No. 13. All photographs and painting of females which were displayed
in any of Defendant's homes or residences in the time frame of these requests,
including without limitation, photographs in standing or sitting frames or wall
frames.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiff's complaint alleges a time period of "in or about 2004 —
2005." Plaintiff's request has no time limitation.
EFTA00222061
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Jane Doe No. 21 Epstein
Page 14
Request No. 14. Any and all documents consisting of, referring or relating to
communications between Jeffrey Epstein and including, but not
limited to, letters, notes, text messages, messages on social networking sites,
and e-mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222062
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Jane Doe No. 21. Epstein
Page 15
Request No. 15. Any and all documents consisting of, referring or relating to
communications between Jeffrey Epstein and Sarah Kellen, including, but not
limited to, letters, notes, text messages, messages on social networking sites,
and e-mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiff's complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222063
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Jane Doe No. 21. Epstein
Page 16
Request No. 16. Any and all documents consisting of, referring or relating to
communications between Jeffrey Epstein and Nada Marcinkova, including, but
not limited to, letters, notes, text messages, messages on social networking
sites, and e-mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222064
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Jane Doe No. 2 Epstein
Page 17
Request No. 17. Any and all documents consisting of, referring or relating to
communications between Jeffrey Epstein and Ghislaine Maxwell, including, but
not limited to, letters, notes, text messages, messages on social networking
sites, and e-mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222065
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Jane Doe No. 2'. Epstein
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Request No. 18. Any and all documents and photographs placed by Defendant
at any time in the period of these requests on a social networking website,
including without limitation, Facebook.com and MySpace.com.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiff's request seeks documents and photographs for a time period of
January 1, 2003 until present.
EFTA00222066
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Jane Doe No. 21Epstein
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Request No. 19. Any and all documents reflecting or consisting of
communications between Jeffrey Epstein and MC2 Models or Jean-Luc Brunel,
relating or referring to females coming into the United States from other countries
to pursue a career in modeling, including, but not limited to, letters, notes and e-
mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
EFTA00222067
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Jane Doe No. 4 Epstein
Page 20
2005." In addition, the request seeks documents pertaining to females who are
not non-parties, and who possess privacy rights.
Request No. 20. Any and all documents referring or relating to gifts or loans to
females under the age of 21, including, but not limited to, notes, receipts and car
rental agreements.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222068
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Jane Doe No, 2'. Epstein
Page 21
Request No. 21. Any and all personal calendars or schedules of or for Jeffrey
Epstein from January 1, 2003 to the present.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." In addition, the request encompasses attorney-client privileged material.
Request No. 22. All documents written by Jeffrey Epstein consisting of personal
thoughts, feelings or descriptions of events, incidents or occurrences in
Defendant's life, including without limitation, any diaries of Jeffrey Epstein.
EFTA00222069
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Jane Doe No. 21Epstein
Page 22
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 -
2005." On its fact, the request goes beyond the scope of allowable discovery
and is meant to harass, embarrass and overburden the Defendant. Further, the
request is so overly broad that it includes attorney-client and work product
privileged materials.
Request No. 23. All documents referring to or relating to Jeffrey Epstein's
purchase or consumption of prescription medicine.
EFTA00222070
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Jane Doe No. 21. Epstein
Page 23
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Defendant's medical condition is not at issue in this action. Such a
request is meant to harass and embarrass Defendant. Further, such information
is privileged pursuant to Fed. Rule 501 and §90.503, Fla. Stat. In addition, such
information is protected by the provisions of the Health Insurance Portability and
Accountability Act (HIPAA).
EFTA00222071
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Jane Doe No. 2'. Epstein
Page 24
Certificate of Service
WE HEREBY CERTIFY that a true copy of the foregoing has been sent
via U.S. Mail and facsimile to the following addressees this 26th day of
January 2009.
Adam D. Horowitz, Esq.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-CV-80119-MARRA-JOHNSON
JANE DOE NO. 2,
Plaintiff,
I.
JEFFREY EPSTEIN,
Defendant.
DEFENDANT JEFFREY EPSTEIN'S RESPONSE & OBJECTIONS
TO PLAINTIFF'S AMENDED FIRST REQUEST FOR PRODUCTION
Defendant, JEFFREY EPSTEIN, by and through his undersigned counsel,
serves his responses and objections to Plaintiffs Amended First Request For
Production To Defendant, dated December 9, 2008.
Request No. 1. The list provided to you by the U.S. Attorney of individuals
whom the U.S. Attorney was prepared to name in an Indictment as victims of an
offense by Mr. Epstein enumerated in 18 U.S.C. §2255.
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
EXHIBIT "B"
EFTA00222049
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Jane Doe No. 21. Epstein
Page 2
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated.
Request No. 2. All documents referring or relating to the United States'
agreement with Defendant to defer federal prosecution subject to certain
conditions, including without limitation, the operative agreement between
Defendant and the United States and all amendments, revisions and
supplements thereto.
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
EFTA00222050
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 3 of 24
Jane Doe No. Epstein
21.
Page 3
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated.
Request No. 3. All documents referring or relating to Defendant's agreement
with the State of Florida on his plea of guilty to violations of Florida Criminal
Statutes, including without limitation, the operative plea agreement and any
amendments, revisions and supplements thereto.
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
EFTA00222051
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Jane Doe No. 2'. Epstein
Page 4
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Whatever public documents exist are in the State Court file and
equally accessible to Plaintiff.
Request No.4. All documents obtained in discovery or investigation relating
to either the Florida Criminal Case or the Federal Criminal Case, including
without limitation, documents obtained from any federal, state, or local law
enforcement agency, the State Attorney's office and the United States Attorney's
office.
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
EFTA00222052
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Jane Doe No. 2'. Epstein
Page 5
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Request No. 4 seeks documents that are attorney-client and
work product privileged in that it seeks "all documents obtained in discovery or
investigation relating either to the Florida Criminal Case or the Federal Criminal
Case ... ." In addition, such documents are privileged and confidential as they
are the subject of a pending investigation.
Request No. 5. All telephone records and other documents reflecting telephone
calls made by or to Defendant, including without limitation, telephone logs and
message pads.
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
EFTA00222053
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Jane Doe No. 2 I. Epstein
Page 6
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Defendant objects as the request is overbroad and seeks
information that is neither relevant to the subject matter of the pending action nor
does it appear reasonably calculated to lead to the discovery of admissible
evidence. Plaintiffs complaint alleges a time period of "in or about 2004 — 2005."
Plaintiffs request seeks information for a time period of January 1, 2003 until
present regarding any and all telephone records and other documents reflecting
any and all telephone calls made to or by Defendant. As phrased, the request
includes attorney-client and work product privileged information, as well as
records and documents of calls having absolutely no relationship to any of the
allegations in this action.
Request No. 6. All telephone records and other documents reflecting telephone
calls made by or to Defendant, including without limitation, telephone logs and
message pads, reflecting telephone calls made by or to employees.
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
EFTA00222054
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Jane Doe No. 2'. Epstein
Page 7
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, as defined by Plaintiff in
paragraph g of her request, the term employee is overly broad and encompasses
information that is neither relevant to the subject matter of the pending action nor
does it appear reasonably calculated to lead to the discovery of admissible
evidence. Further, the request seeks information pertaining to person who are
not parties to this action and whose privacy rights are implicated.
Request No. 7. All surveillance videos, slides, film, videotape, digital recording
or other audio or video depiction or image of the Palm Beach Residence.
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
EFTA00222055
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Jane Doe No. 21. Epstein
Page 8
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiff's request seeks information for a time period of January 1, 2003
until present regarding "all surveillance videos, etc., or image of the Palm Beach
Residence."
Request No. 8. All documents referring or relating to Plaintiff Jane Doe No. 2,
including without limitation, web pages, social networking site pages,
correspondence, videotapes and audiotapes.
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
EFTA00222056
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Jane Doe No. 21. Epstein
Page 9
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 is overly broad, work product,
attorney-client privileged, and confidential.
Request No. 9. All statements taken, transcribed or recorded from any person
referring or relating to Defendant's sexual conduct, massages given to Defendant
or any issue in these cases.
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
EFTA00222057
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Jane Doe No. 2'. Epstein
Page 10
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 is overly broad, work product,
attorney-client privileged, and confidential.
Request No. 10. All documents referring to or relating to air travel and aircraft
used by Defendant, including without limitation, flight logs and flight manifests.
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 is overly broad, work product,
attorney-client privileged, and confidential. Plaintiffs complaint alleges a time
period of "in or about 2004 — 2005." Plaintiff's request seeks documents for a
EFTA00222058
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Jane Doe No. 2'. Epstein
Page 11
time period of January 1, 2003 until present regarding air travel and aircraft used
by Defendant.
Request No. 11. Any and all documents referring to or relating to modeling
agencies, including but not limited to documents relating to or reflecting
communications with female models.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222059
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Jane Doe No. 2'. Epstein
Page 12
Request No. 12. All photographs, videotapes, digital images and other
documents depicting or showing females who, at the time thereof, were under
the age of 21, which were taken or created by or for Defendant and not intended
for sale commercially to the public.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222060
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Jane Doe No. 21. Epstein
Page 13
Request No. 13. All photographs and painting of females which were displayed
in any of Defendant's homes or residences in the time frame of these requests,
including without limitation, photographs in standing or sitting frames or wall
frames.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiff's complaint alleges a time period of "in or about 2004 —
2005." Plaintiff's request has no time limitation.
EFTA00222061
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Jane Doe No. 21 Epstein
Page 14
Request No. 14. Any and all documents consisting of, referring or relating to
communications between Jeffrey Epstein and including, but not
limited to, letters, notes, text messages, messages on social networking sites,
and e-mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222062
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Jane Doe No. 21. Epstein
Page 15
Request No. 15. Any and all documents consisting of, referring or relating to
communications between Jeffrey Epstein and Sarah Kellen, including, but not
limited to, letters, notes, text messages, messages on social networking sites,
and e-mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiff's complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222063
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Jane Doe No. 21. Epstein
Page 16
Request No. 16. Any and all documents consisting of, referring or relating to
communications between Jeffrey Epstein and Nada Marcinkova, including, but
not limited to, letters, notes, text messages, messages on social networking
sites, and e-mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222064
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Jane Doe No. 2 Epstein
Page 17
Request No. 17. Any and all documents consisting of, referring or relating to
communications between Jeffrey Epstein and Ghislaine Maxwell, including, but
not limited to, letters, notes, text messages, messages on social networking
sites, and e-mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222065
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 18 of 24
Jane Doe No. 2'. Epstein
Page 18
Request No. 18. Any and all documents and photographs placed by Defendant
at any time in the period of these requests on a social networking website,
including without limitation, Facebook.com and MySpace.com.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiff's request seeks documents and photographs for a time period of
January 1, 2003 until present.
EFTA00222066
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 19 of 24
Jane Doe No. 21Epstein
Page 19
Request No. 19. Any and all documents reflecting or consisting of
communications between Jeffrey Epstein and MC2 Models or Jean-Luc Brunel,
relating or referring to females coming into the United States from other countries
to pursue a career in modeling, including, but not limited to, letters, notes and e-
mails.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
EFTA00222067
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 20 of 24
Jane Doe No. 4 Epstein
Page 20
2005." In addition, the request seeks documents pertaining to females who are
not non-parties, and who possess privacy rights.
Request No. 20. Any and all documents referring or relating to gifts or loans to
females under the age of 21, including, but not limited to, notes, receipts and car
rental agreements.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Plaintiffs request has no time limitation.
EFTA00222068
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 21 of 24
Jane Doe No, 2'. Epstein
Page 21
Request No. 21. Any and all personal calendars or schedules of or for Jeffrey
Epstein from January 1, 2003 to the present.
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." In addition, the request encompasses attorney-client privileged material.
Request No. 22. All documents written by Jeffrey Epstein consisting of personal
thoughts, feelings or descriptions of events, incidents or occurrences in
Defendant's life, including without limitation, any diaries of Jeffrey Epstein.
EFTA00222069
Case 9:08-cv-80119-KAM Document 57-3 Entered on FLSD Docket 03/02/2009 Page 22 of 24
Jane Doe No. 21Epstein
Page 22
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 -
2005." On its fact, the request goes beyond the scope of allowable discovery
and is meant to harass, embarrass and overburden the Defendant. Further, the
request is so overly broad that it includes attorney-client and work product
privileged materials.
Request No. 23. All documents referring to or relating to Jeffrey Epstein's
purchase or consumption of prescription medicine.
EFTA00222070
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Jane Doe No. 21. Epstein
Page 23
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 is overly broad, work product,
attorney-client privileged, and confidential. In addition, the request seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of "in or about 2004 —
2005." Defendant's medical condition is not at issue in this action. Such a
request is meant to harass and embarrass Defendant. Further, such information
is privileged pursuant to Fed. Rule 501 and §90.503, Fla. Stat. In addition, such
information is protected by the provisions of the Health Insurance Portability and
Accountability Act (HIPAA).
EFTA00222071
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Jane Doe No. 2'. Epstein
Page 24
Certificate of Service
WE HEREBY CERTIFY that a true copy of the foregoing has been sent
via U.S. Mail and facsimile to the following addressees this 26th day of
January 2009.
Adam D. Horowitz, Esq.