Case 9:08-cv-80119-KAM Document 331 Entered on FLSD Docket 09/29/2009

Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-CIV-MARRA/JOHNS'ON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. I -------------- Related cases: 08-80232, 08-80380, 98-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 I -------------- PLAINTIFF, CAROLYN MARGARET ANDRIANO'S, MOTION FOR PROTECTIVE ORDER AS TO DEFENDANT, JEFFREY EPSTEIN'S, ATTENDANCE AT PLAINTIFF'S DEPOSITION Plaintiff, Carolyn Margaret Andriano, by and through her undersigned attorneys, and pursuant to Federal Rule of Civil Procedure 26(c)(1) and Local Rule 7.1, hereby files this Motion for Protective Order as to Defendant, Jeffrey Epstein's, Attendance at Deposition of Plaintiff, and in support thereof states as follows: 1. Presently pending before this Court are two motions for protective orders seeking to preclude Defendant, Jeffrey Epstein, from being physically present in the room while Plaintiffs' depositions are being taken. Specifically, Jane Does 2-8 have filed their Motion For Protective Order as to Jeffrey Epstein's Attendance at Deposition 1 Case 9:08-cv-80119-KAM Document 331 Entered on FLSD Docket 09/29/2009

Page 2 of 6 of Plaintiffs, And Incorporated Memorandum of Law (Case No. 08-CV-80119, D.E. 292) and Plaintiff Jane Doe has filed her Motion For a Protective Order Enforcing No Contact Order and Incorporated Memorandum of Law (Case No. 08-CV-80119, D.E. 297). 2. Essentially, these motions for protective orders seek to prevent Plaintiffs from suffering further victimization, harm, and mental trauma by having Jeffrey Epstein present in the room during their depositions while they recount the most intimate details of their lives, including the sexual offenses committed against them by Jeffrey Epstein while they were minors. Plaintiffs propose having a video feed linked to a monitor in another room where Mr. Epstein can view same and have contemporaneous contact with his attorneys in the deposition room. 3. Plaintiff, Carolyn Margaret Andriano's, deposition has been set for October 29, 2009. Based on correspondence received from counsel for Mr. Epstein, it is Mr. Epstein's intention to be physically present in the room during Plaintiff's deposition. 4. Plaintiff, Carolyn Margaret Andriano, joins, incorporates by reference, and adopts the arguments made in support of Plaintiffs Jane Doe (D.E. 297) and Jane Does 2-8 (D.E. 292) as if fully set forth herein. 5. Additionally, as this Court is already aware, the deposition of Jane Doe #4 had to be cancelled after she "encountered" Mr. Epstein in the lobby immediately adjacent to the deposition room, notwithstanding the apparent agreement of counsel for Mr. Epstein that he would not be present for same. Plaintiff respectfully suggests that the requested protective order seeks to prevent Plaintiff from suffering from the 2 Case 9:08-cv-80119-KAM Document 331 Entered on FLSD Docket 09/29/2009

Page 3 of 6 psychological trauma as a result of a similar "encounter" with Jeffrey Epstein at her deposition. 6. Lastly, it appears that Judge Hafele in a pending state court case (E W v. Jeffrey Epstein, Palm Beach County Circuit Court Case No. 502008CP003626) has agreed that allowing Defendant to view a live video feed, rather than be physically present in the deposition room, was an appropriate balance between the parties' interests. (See Jane Doe Nos. 2-8 Response to Emergency Motion to Strike Plaintiff's Motion for Protective Order and Emergency Motion to Allow the Attendance of Jeffery Epstein at the Deposition of Plaintiff, D.E. 330, paragraph 4). While Judge Hafele's determination is certainly not binding on this Court, it is illustrative. WHEREFORE, Plaintiff, Carolyn Margaret Andriano, respectfully requests that this Court enter a protective order preventing Defendant, Jeffrey Epstein, from attending the deposition of Plaintiff, Carolyn Margaret Andriano, but permitting him to view a live video feed of the deposition from a remote location. CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7 .1 Counsel for the movant has conferred with counsel for the Defendant regarding his position on the instant motion and has been informed that counsel for Defendant is not in agreement with any of the relief requested herein. Isl Jack P. Hill 3 Case 9:08-cv-80119-KAM Document 331 Entered on FLSD Docket 09/29/2009

Page 4 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 29th day of September, 2009, I electronically filed the foregoing with the Clerk of the Court by using CM/ECF system, which will send a notice of electronic filing to all counsel of record on the attached service list. /sllack P Hill Jack Scarola Florida Bar No.: 169440 Jack P. Hill Florida Bar No.: 0547808 Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: ( 561) 383-9424 Attorneys for Plaintiff 4 Case 9:08-cv-80119-KAM Document 331 Entered on FLSD Docket 09/29/2009

Page 5 of 6 Richard H. Willits, Esquire Richard H. Willits, P.A. 2290 10th Avenue North, Suite 404 Lake Worth, FL 33461 [email protected] Robert Critton, Esquire Michael J. Pike, Esquire Burman Critton Luttier & Coleman LLP 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33414 [email protected] [email protected] Jack A. Goldberger, Esquire Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South West Palm Beach, FL 33401 [email protected] Bruce E. Reinhart, Esquire Bruce E. Reinhart, P.A. 250 South Australian Ave., Suite 1400 West Palm Beach, FL 33401 [email protected] Stuart S. Mermelstein, Esquire Adam D. Horowitz, Esquire Mermelstein & Horowitz, P.A. 18205 Biscayne Blvd., Suite 2218 Miami, FL 33160 [email protected] [email protected] Brad Edwards, Esquire Rothstein Rosenfeldt Adler 401 East Las Olas Blvd., Suite 1650 Fort Lauderdale, FL 33301 [email protected] Paul G. Cassell, Esquire Pro Hae Vice 332 South 1400 E, Room 101 Salt Lake City, UT 84112 [email protected] COUNSEL LIST 5 Case 9:08-cv-80119-KAM Document 331 Entered on FLSD Docket 09/29/2009