Case 9:08-cv-80119-KAM Document 301 Entered on FLSD Docket 09/15/2009

Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. ----------------'' Related cases: 08-80232, 08-08380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 ----------------'' Defendant, Jeffrey E. Epstein's Motion To Compel Plaintiff's Independent Medical Examination Pursuant to Rule 35 Defendant, JEFFREY E. EPSTEIN (hereinafter "Epstein"), by and through his attorneys, and pursuant to Fed. R. Civ. P. 35 and other applicable rules, hereby moves this Court for an order directing that the Plaintiff, Jane Doe (case #80893), submit to a compulsory psychological/psychiatric medical examination (a/k/a independent medical examination) by Ryan Hall, M.D. of Richard Hall, M.D. at the law firm of Burman, Critton, Luttier and Coleman, LLP. located at 303 Banyan Boulevard, Ste. 400, WPB, Fl. 33401. In support, Epstein states: Background 1. This Court entered an order relating to the IME of CMA, another Plaintiff seeking similar damages against Epstein. See Exhibit "A." Given the damages claimed in this matter, it is clear that Plaintiff has placed her medical condition at issue and that an IME is required. Despite that fact and the fact that discovery has been Case 9:08-cv-80119-KAM Document 301 Entered on FLSD Docket 09/15/2009

Page 2 of 8 C.M.A. v. Epstein, et al. Page 2 consolidated, Plaintiff's counsel has refused to produce Jane Doe for an IME without the undersigned having to file a Rule 35 Motion. Thus, the undersigned believes that an Omnibus Order is required relative to all the Plaintiffs" IMEs in that each claim similar damages and raise similar claims. Such an order would conserve judicial resources and require that the attorneys only negotiate dates and times for said IMEs. 2. Nonetheless, this particular Motion, pursuant to Rule 35, only addresses the IME of Jane Doe. 3. Plaintiff has alleged in her action that Defendant sexually battered her and "caused her emotional distress, past and future suffering, physical injury, pain and suffering, psychological trauma, mental anguish, humiliation, embarrassment, loss of self-esteem, loss of her child hood, loss of dignity, invasion of privacy, and other damages associated with Defendant ... [and]controlling, manipulating, and coercing her into a perverse and unconventional way of life for a minor. The then minor Plaintiff incurred medical and psychological expenses and ... will in the future suffer additional medical and psychological expenses. Plaintiff ... has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of capacity to enjoy life. These injuries are permanent in nature and Plaintiff ... will continue to suffer these losses in the future." See Paragraph 28, First Amended Complaint. (DE 38) and Paragraph 34 thereof. Plaintiff also claims Intentional Infliction of Emotional Distress. See Paragraph 35-40, First Amended Complaint. (DE 38) 4. Additionally, see Plaintiff's answers to interrogatories, in response to interrogatory numbers 2, 4, 5, 6, 7, 10 and 11 wherein Plaintiff claims (a) she worked at Case 9:08-cv-80119-KAM Document 301 Entered on FLSD Docket 09/15/2009

Page 3 of 8 C.M.A. v. Epstein, et al. Page 3 various strip clubs, (b) she was arrested for shop lifting, (c) that she has seen therapists, (d) that she was emotionally and psychologically damaged, (e) that she suffered from PTSD prior to or at the time of the incident alleged in the complaint, (f) that she incurred medical and psychological expenses in the past and will to continue to incur same into the future, (g) that she suffered mental anguish, emotional distress, fear, humiliation and psychological trauma as a result of her alleged encounter with Epstein, and (h) that she was admitted to Milton Girl's Juvenile Residential Facility, a Shelter in West Palm Beach and a Drug Center in West Palm Beach. Certainly, all of the above experiences go directly to the heart of her allegations (i.e., damages) in that Epstein's medical examiner is entitled to know whether any experiences in her life pre-Epstein caused any of the emotional, physical and psychological trauma she attempts to pawn-off on Epstein. See Responses to Interrogatories, Exhibit "B". 5. It is important for this court to review the detailed Affidavit of Dr. Hall attached hereto in that it delineates for the Court several experiences visited upon Jane Doe which may have caused the physical, emotional and psychological trauma she claims occurred at the hands of Epstein, including, but not limited to, child neglect, drug use. being a child runaway, having domestic issues. suffering from PTSD. and her father beating her step-brother to death and serving jail time as a result thereof. See Affidavit of Dr. Hall Attached hereto as Exhibit "C". See also Police Reports at Composite Exhibit "D". 6. Based upon the foregoing, it is clear that Jane Doe has placed her physical, emotional, medical and psychological conditions at issue. Therefore, and IME Case 9:08-cv-80119-KAM Document 301 Entered on FLSD Docket 09/15/2009

Page 4 of 8 C.M.A. v. Epstein, et al. Page4 is warranted. Without an IME, Epstein would be severely prejudiced. The Affidavit of Dr. Hall clearly sets out the IME and scope of the examination that must be conducted. See also, the curriculum vitae of Dr. Ryan. See Exhibit "E". The examination is set to occur at the undersigned office on October 13, 14, 15 or 16, 2009 (whichever is more convenient for Plaintiff or whichever date the court so orders). Plaintiff will not provide dates for the IME; however, out of abundance of caution and to comply with the applicable rule, Defendant has, on a unilateral basis set same pending the outcome of this Motion. Obviously, if the date noticed is not sufficient or agreeable, the undersigned will renotice same for one of the four dates suggested. 7. As this court is well aware, Plaintiff and Defendant are required to complete discovery under the deadlines set by this court. It is not the undersigned's intention to require the court additional work; however, it is imperative that discovery be timely scheduled and completed. The court's assistance is needed in this instance as to the IME. 8. Based upon the foregoing, an IME of Plaintiff must occur in order to address her claims and the damages she seeks to recover. The IME is expected to last between 6-8 hours, and the scope of same is set forth in the Affidavit. 9. Pursuant to Rule 35, Fed.R.Civ.Pro, a party may move for an examination by a qualified examiner if the Plaintiff's mental/emotional and/or psychological status is at issue in a case. 10. Defendant would be severely prejudiced unless he is able to have an examination conducted by a qualified examiner separate and apart from any Case 9:08-cv-80119-KAM Document 301 Entered on FLSD Docket 09/15/2009

Page 5 of 8 C.M.A. v. Epstein, et al. Page 5 psychologist/psychiatrist or similar behavioral health provider who may have or may ultimately see the Plaintiff and testify in court. 11. Defendant's counsel has retained the services of Richard Hall, M.D. and Ryan Hall, M.D., of C.W. Hall, M.D., P.A. located at 2500 West Lake Mary Blvd., #219 Lake Mary, FL 32746. Ryan Hall, M.D., will be performing the examination. Dr. Ryan Halls' specialties include forensic psychiatry, general psychiatry and medical psychiatry. See Exhibit "C" attached to DE 245 outlining Ryan Hall, M.D.'s qualifications and the scope of the examination which he intends and is required to conduct in order to render a report. See also Affidavit of Ryan C.W. Hall, M.D., outlining the scope of examination and other Rule 35 requirements. Accordingly, this motion comports with Rule 35. The applicable notice has been filed simultaneously. Defendant will arrange for a videotape of the examination. 12. The undersigned is requesting the court's assistance with regard to compelling the IME of Plaintiff along with dates for same to occur. Rule 7.1 A. 3. Certification of Pre-Filing Conference Counsel for Defendant conferred with Counsel for Plaintiff by telephone and by e-mail; however, an agreement has not been reached. WHEREFORE, Defendant requests that this Court enter an Order: a. providing a date and time for Plaintiff's IME to occur on October 13, 14, 15 or 16, 2009; b. providing that the independent medical examination take place at 9:00 a.m. (on a date to be determined by the court) at the law firm of Burman, Critton, Case 9:08-cv-80119-KAM Document 301 Entered on FLSD Docket 09/15/2009

Page 6 of 8 C.M.A. v. Epstein, et al. Page 6 Luttier and Coleman, LLP. located at 303 Banyan Boulevard, Ste. 400, WPB, Fl. 33401 under the protocol set forth by Dr. Hall in his affidavit, by videotape and for such other and further relief as this court deems just and proper. Rule 7 .1 Certification I hereby certify that counsel for the respective parties communicated by telephone in a good faith effort to resolve the discovery issues prior to the filing of this motion. Counsel was unable to resolve the issues outlined herein. Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified n th allowing Service List in the manner specified by CM/ECF on this §day of , 2009 By: R D. CRITTON, JR., ESQ. orida Bar No. 224162 [email protected] MICHAEL J. PIKE, ESQ. Florida Bar #617296 [email protected] BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 561/842-2820 Phone 561/515-3148 Fax (Counsel for Defendant Jeffrey Epstein) Certificate of Service Jane Doe No. 2 v. Jeffrey Epstein Case 9:08-cv-80119-KAM Document 301 Entered on FLSD Docket 09/15/2009

Page 7 of 8 C.M.A. v. Epstein, et al. Page 7 Case No. 08-CV-80119-MARRA/JOHNSON Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Boulevard Suite 2218 Miami, FL 33160 305-931-2200 Fax: 305-931-0877 [email protected] [email protected] Counsel for Plaintiffs In related Cases Nos. 08-80069, 08- 80119, 08-80232, 08-80380, 08-80381, 08-80993, 08-80994 Richard Horace Willits, Esq. Richard H. Willits, P.A. 2290 10th Avenue North Suite 404 Lake Worth, FL 33461 561-582-7600 Fax: 561-588-8819 Counsel for Plaintiff in Related Case No. 08-80811 [email protected] Jack Scarola, Esq. Jack P. Hill, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 561-686-6300 Fax: 561-383-9424 [email protected] [email protected] Counsel for Plaintiff, C.M.A. Bruce Reinhart, Esq. Brad Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard Suite 1650 Fort Lauderdale, FL 33301 Phone: 954-522-3456 Fax: 954-527-8663 [email protected] Counsel for Plaintiff in Related Case No. 08-80893 Paul G. Cassell, Esq. Pro Hae Vice 332 South 1400 E, Room 101 Salt Lake City, UT 84112 801-585-5202 801-585-6833 Fax [email protected] Co-counsel for Plaintiff Jane Doe Isidro M. Garcia, Esq. Garcia Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL 33401 561-832-7732 561-832-7137 F [email protected] Counsel for Plaintiff in Related Case No. 08-80469 Robert C. Josefsberg, Esq. Katherine W. Ezell, Esq. Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, FL 33130 305 358-2800 Fax: 305 358-2382 [email protected] [email protected] Counsel for Plaintiffs in Related Cases Case 9:08-cv-80119-KAM Document 301 Entered on FLSD Docket 09/15/2009