EFTA01660111.pdf

Case 9:08-cv-80119-KAM Document 547 Entered on FLSD Docket 05/17/2010 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE, CASE NO. 08-CV-80893-CIV-MARRA/JOHNSON Plaintiff, Vs. JEFFREY EPSTEIN, et al. Defendant. Related Cases: 08-80119, 08-80232, 08-80380, 08-80381, 08-80994, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 NOTICE OF SUPPLEMENTAL AUTHORITY ON PLAINTIFF JANE DOE'S MOTION FOR AN ORDER TO SHOW CAUSE AND FOR AN ORDER TO COMPEL AND INCORPORATED MEMORANDUM OF LAW fDE 4831 Plaintiff, Jane Doe, hereby gives notice of filing portions of the probation file of Defendant, Jeffrey Epstein, in connection with the above referenced Motion for Order to Show Cause and to Compel the Deposition of Jean Luc Brunel [DE 483]. On March 10, 2010 Plaintiff filed her Motion for an Order to Show Cause and for an Order to Compel [DE 483] requesting entry of an Order directed to Jean Luc Brunel and his counsel ordering them to show cause why they should not be held in contempt, for sanctions, and for an Order compelling Jean Luc Brunel to appear for deposition. Plaintiff's counsel recently obtained Epstein's probation file that contains documents that further corroborate Plaintiff's position that Brunel has not remained out EFTA01660111 Case 9:08-cv-80119-KAM Document 547 Entered on FLSD Docket 05/17/2010 Page 2 of 4 CASE NO: 08-CV-80119-MARRA/JOHNSON of the country as Brunel's counsel suggested, but has in fact been staying with Epstein much of 2010, if we are to believe the records Epstein provided to probation. The portions of the probation file, specifically the Written Monthly Reports from December 2009 through February 2010 are attached hereto as Exhibit "A." A section of the Written Monthly Report requires Defendant to "List full names, ages, and your relationship to all persons who resided at your residence this month" in the middle section of the form. Defendant identifies Jean Luc Brunel in his probation papers as residing with him within the period of December 2009 to February 2010, when Ms. Kudman represented him to be out of Florida. As indicated in our previous pleading, Mr. Brunel was served for deposition, and his counsel Ms. Kudman represented that she would produce him for deposition in Florida. She ultimately reneged, saying that her client told her that he was in France indefinitely and would not be returning to the United States, a representation known to be false. In an email dated January 25, 2010, Ms. Kudman responds to a request for dates for her client's deposition by writing, "I have just been informed that my client will be out of the country until the end of March." (Email attached here to as Exhibit "B") Again, while it is not believed that Ms. Kudman made the false representation intentionally, and it is more likely that Mr. Brunel simply made that false representation 2 EFTA01660112 Case 9:08-cv-80119-KAM Document 547 Entered on FLSD Docket 05/17/2010 Page 3 of 4 CASE NO: 08-CV-80119-MARRA/JOHNSON to his attorney, it is impossible for the undersigned to know with any degree of certainty exactly who participated in this plan to obstruct Jane Doe's discovery. As such, Plaintiff files her supplemental authority and requests the relief previously sought. DATED: May 17, 2010 Respectfully Submitted, s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale. Florida 33301 Telephone Facsimile Florida Bar No E-mail: and Paul G. Cassell Pro Hac Vice 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: Facsimile: E-Mail: CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 17, 2010 I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically filed Notices of Electronic Filing. s/ Bradley J. Edwards Bradley J. Edwards 3 EFTA01660113 Case 9:08-cv-80119-KAM Document 547 Entered on FLSD Docket 05/17/2010 Page 4 of 4 CASE NO: 08-CV-80119-MARRAJJOHNSON SERVICE LIST Jane Doe v. Jeffrey Epstein United States District Court, Southern District of Florida Jack Alan Goldber er Esq. Robert D. Critton, Esq. lilt iS i m Jack Patrick Hill Katherine Warthen Ezell Michael James Pike Paul G. Cassell Richard Horace Willits Robert C. Josefsber Adam D. Horowitz Stuart S. Mermelstein 4 EFTA01660114 Case 9:08-cv-80119-KAM Document 547-1 Entered on FLSD Docket 05/17/2010 Page 1 of 4 CASE NO: 08-CV-80119-MARRA/JOHNSON Notice of Supplemental Authority on Plaintiff Jane Doe's Motion for an Order to Show Cause and for an Order to Compel and Incorporated Memorandum of Law fDE 138) EXHIBIT A EFTA01660115  Case 9:08-cv-80119-KAM Document 547-1 Entered on FLSD Docket 05/17/2010 Page 2 of 4 I Linker's Name: For Month Ending: STATE OF FLORIDA DEPARTMENT OF CORRECTIONS Date/Time submitted: WRITTEN MONTHLY REPORT YOUVW 14 /1 1:ein EMPLOYER: fee - DC#: YOUR RESIDENCE ADDRESS: (include Name of SUPERVISOR'S NANIatti l 42.1.4 Lag-, Subdivision. Apartment Complex and Number. Mobile Home Park and Lot Number, ifapplicable): s bI aril io Way EMPLOYER'S TELEPHONE No. ag:4•th I FL 33-44S0 CELLULAR TELEPHONE No. (Provide physical location - NOT Post Office Box) PAGER No. TELEPHONE N. EMPLOYER EMAIL: YOUR TOTAL MONEY EARNED MONTHLY: CELLULAR TELEPHONE S 1o K (Gross Amount) PAGER No. Full time %A Part-time Hours Worked Vehicle Make/Model/Year/Tag #: Additional (2e') employment information: List full names, ages, and your relationship to all persons who resided at your residence during this month: Si-.-43 - 141,- 31 - VC - Cr, top,, mekcieic.:,-- 2-S ri et:ii f2.P, 5'l--Pq l to - 2-$ slave you consumed alcoholic beverages? Have you used or bought illegal drugs or controlled substances? YES 0 0 Have you attended educational, vocational classes or mental health, drug, alcohol, therapy, or self-improvement programs? o (If yes, circle which one) Have you been arrested or had any contact with law enforcement during the last month? If yes, explain what happened on separate sheet of paper, attached to report if you went into debt for any reason, explain: If not working, give reason and source of income: If you have any questions or problems to discuss with your Officer, explain: If monetary obligation owed, amount paid this month: $ Receipts are available through your probation officer. DO NOT SUBMIT CASH OR PERSONAL CHECKS! Make money order payable to the Department of Corrections. If monetary obligation owed and no payment made, give reason and date when payment will be made: Signature of Officer R vE I certify the above to be true and complete. Your Signature: Mailing Address: Date WMR Received: Date WMR Due: City: Continents: 5-4 State: Zip: E-Mail Address: (ifapplicable) EFTA01660116  Case 9 08-cv-80119-KAM Document 547-1 Entered on FLSD Docket 05/17/2010 Page 3 of 4 Officer's Name: STATE OF FLORIDA For Month Ending: DEPARTMENT OF CORRECTIONS Date/Time submitted: • YOUR NAME: DCF: 1435.11r , fic„ WRITTEN MONTHLY REPORT EMPLOYER: FCP _, YOUR RESIDENCE ADDRESS: (include Name of SUPERVISOR'S NAME- 1 )4 '-' Subdivision. Apartment Complex and Number. EMPLOYER'S ADDRESS: Mobile Home Park and to; Number, if applicable): -Nast tt. On% 1:"Avio•-• atterA POUF )! EMPLOYER'S TELEPHONE No. (Provide physical location — NOT Pon Office Box) CELLULAR TELEPHONE No PAGER No. J TELEPHONE No. EMPLOYER EMAIL: — CELLULAR TELEPHONE No.. YOUR TOTAL MONEY EARNED MONTHLY: S * in IC (Gross Amount) PAGER No. Full time 4. Part-time Hours Worked Vehicle Make/Model/Year/Tag #: Additional (r d) employment information: List full names, ages, and your relationship to all persons who resided at your residence during this month: 1 —san L elm! - z 4-% %(r 2-t- ABota Pre'eftirrun 13. to Pd • 4.44 FRrA r' YES Save you consumed alcoholic beverages? Have you used or bought illegal drugs or controlled substances? El ❑ Have you attended educational, vocational classes or mental health, drug, alcohol, therapy, or self-improvement programs? ❑ (If yes, circle which one) Have you been arrested or had any contact with law enforcement during the last month? ❑ If yes, explain what happened on separate sheet of paper, attached to report. If you went into debt for any reason, explain: If not working, give reason and source of income: If you have any questions or problems to discuss with your Officer, explain: If monetary obligation owed, amount paid this month: $ Receipts are available through your probation officer. DO NOT SUBMIT CASH OR PERSONAL CHECKS! Make money order payable to the Department of Corrections. If monetary obligation owed and no payment made, give reason and date when payment will be made: Official Use Only: I certify the above to ad 4F Signature of Officer Receiving Report: Your Signature: ate WMR Received: hfailinirtaldress: ....Sir CC-- _ Date WMR Due: City: GC. Comments: State: C Zip: 5)1 t E-Mail Address: "re..R.-00or (ifapplicable) EFTA01660117  Case 9:08-cv-80119-KAM Document 547-1 Entered on FLSD Docket 05/17/2010 Pa of 4 ifficer's Name: For Month Ending: STATE OF FLORIDA DEPARTMENT OF CORRECTIONS Date/Time submitted: WRITTEN MONTHLY REPORT YOUR N i 4M t2;(1 EMPLOYER:F5 F DC#:yv t SUPERVISOR'S NAME: -"St ith( <4.-7 YOUR RESIDENCE ADDRESS: (include Name of • 1Sn2 we n Subdivision, Apartment Complex and Number, M bilec tome(ack LotNumber. if applicabk): F g W him EMPLOYER'S TELEPHONE No CELLULAR TELEPHONE No. (Provide physical location - s Post 0) iice Box) PAGER No. TELEPHONE No. EMPLOYER EMAIL: YOUR TOTAL MONEY EARNED MONTHLY: CELLULAR TELEPHONE N S its/ ,%- (Gross Amount) PAGER No. Full time V. Part-time Hours Worked Vehicle Make/Model/Year/Tag #: Additional (2S ) employment information: List full names, ages, and your relationship to all persons who resided at your residence during this month: ftaOj -gar — 3 f gn.-1 ZG- - p t „,,{ 22. -Ts a Lietir NO "lave you consumed alcoholic beverages? Have you used or bought illegal drugs or controlled substances? YES Et Have you attended educational, vocational classes or mental health, drug, alcohol, therapy, or self-improvement programs? B (If yes, circle which one) Have you been arrested or had any contact with law enforcement during the last month? 0 If yes, explain what happened on separate sheet of paper, attached to report If you went into debt for any reason, explain: If not working, give reason and source of income: If you have any questions or problems to discuss with your Officer, explain: If monetary obligation owed, amount paid this month: $ Receipts are available through your probation officer. DO NOT SUBMIT CASH OR PERSONAL CHECKS! Make money order payable to the Department of Corrections. If monetary obligation owed and no payment made, give reason and date when payment will be made: I certify the above to be true and complete: t l , Official Use Only: itSignature of Officer Receiving Report: Your Signature: Mailing Address: ate WMR Received: Date WMR Due: City: r Comments: State: Ft- Zip: 93 E-Mail Address: (if applicable) EFTA01660118 Case 9:08-cv-80119-KAM Document 547-2 Entered on FLSD Docket 05/17/2010 Page 1 of 2 CASE NO: 08-CV-80119-MARRA/JOHNSON Notice of Supplemental Authority on Plaintiff Jane Doe's Motion for an Order to Show Cause and for an Order to Compel and Incorporated Memorandum of Law fDE 138) EXHIBIT B EFTA01660119  Case 9:08-cv-80119-KAM Document 547-2 Entered on FLSD Docket 05/17/2010 Page 2 of 2 Beth Williamson From: Tama Beth Kudman [FIIIII I] Sent: Monday, January 25, To: Beth Williamson Subject: Re: Regarding: Epstein - Depo of Jean Luc Brunel I have just been informed that my client will be out of the country until the end of March. Please ask Mr Edwards to call me to discuss this. Thank you Sent from my iPhone Tama Beth Kudman On Jan 25, 2010, at 3:22 PM, Beth Williamson < wrote: Dear Ms. Kudman: My name is Bcth. I am assisting Brad Edwards in the Epstein matters. I just wanted to follow-up on the voicemail I left you. I understand your client Jean Luc Brunel will be available the first two weeks of February for deposition. Please provide me dates of availability as soon as possible, as calendars are filling. Thank you, Beth Williamson, FRP Florida Registered Paralegal Farmer, Jaffe, Weissing, Edwards, Fistos Ft Lehrman, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 fax 1 EFTA01660120