Case 9:08-cv-80119-KAM Document 347 Entered on FLSD Docket 10/14/2009

Page 1 of 8 JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80119-MARRA/JOHNSON I --------------- 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 I --------------- NOTICE OF NINETY DAYS EXPIRING Defendant, JEFFREY EPSTEIN ("Epstein"), pursuant to Local Rule 7.1.B.3, gives notice of ninety days expiring on the following motions: Docket# Title Service Date Filing Date 67 Defendant's RTP 1 Motion to Compel Response to I st 4/02/2009 04/02/2009 94 Response in Opposition re 67 Defendant's Motion 05/06/2009 05/06/2009 to Compel Response to !st RTP, Overrule Objections and for an Award of Reasonable Expenses 118 Notice of Supplemental Authority re 67 5/28/2009 5/28/2009 Defendant's Motion to Compel Response to !st RTP, 68 Defendant's Motion to Compel Answers to I st Interrogatories 68 Defendant's Motion to Compel Answers to I st 04/02/2009 04/02/2009 Interrogatories 1 Identical Motions to Compel were filed in Case Nos. 08-80893, 08-80232, 08-80380, 08-80381, 08-80994, 08- 80993 and 08-80811, all of which were filed and served on 04/02/09. The Court consolidated the cases for discovery on 5/14/09 (DE #98 in Case No. 08-80119). Case 9:08-cv-80119-KAM Document 347 Entered on FLSD Docket 10/14/2009

Page 2 of 8 93 Response in Opposition to 68 Defendant's Motion 05/06/2009 05/06/2009 to Compel Answers to 1st Interrogatories and for an Award of Reasonable Expenses 110 Response/Reply to 93 Response in Opposition to 05/20/2009 05/20/2009 Motion to Compel Answers to Discovery by Jeffrey Epstein 118 Notice of Supplemental Authority re 67 5/28/2009 5/28/2009 Defendant's Motion to Compel Response to 1st RTP, 68 Defendant's Motion to Compel Answers to 1st Interrogatories 165 Plaintiffs Motion for Preliminary Injunction 6/19/2009 6/19/2009 Restraining Fraudulent Transfer of Assets, Appointment of Receiver to Take Charge of Property of Epstein and to Post a $ 15 Million Bond to security Potential Judgment 198 Memorandum in Opposition re 165 Plaintiffs 7/13/2009 7/13/2009 Motion for Preliminary Injunction Restraining Fraudulent Transfer of Assets, Appointment of Receiver to Take Charge of Property of Epstein and to Post a $ 15 Million Bond to security Potential Judgment 217 Reply to Response to Plaintiffs Motion re 165 7/23/2009 7/23/2009 Preliminary Injunction Restraining Fraudulent Transfer of Assets, Appointment of Receiver to Take Charge of Property of Epstein and to Post a $15 Million Bond to security Potential Judgment I. Epstein gives notice to the Court that the above-cited Motions to Compel (DE #s 67 and 68) have been pending for over 90 days and Epstein respectfully requests the Court rule on said motions for the reasons cited herein. 2. Plaintiff's Motion for Preliminary Injunction (DE# 165) has been pending for 82 days as of the date of this notice. 3. Epstein's Motion to Compel Response to First Request to Produce (DE #67) relates to: 2 Case 9:08-cv-80119-KAM Document 347 Entered on FLSD Docket 10/14/2009

Page 3 of 8 Production Requests Nos, 10, 11, 17, & 18 10. All photographs, movies, dvds, and videotapes in which you performed sexual acts or simulated sexual acts. 11. All photographs, movies, dvds, and videotapes in which you performed sexual acts or simulated sexual acts in exchange for money or other consideration. 17. All documents reflecting the names and addresses of other individuals with whom you have had sexual activity from January I, 2000 - December 31, 2005. 18. All documents reflecting the names and addresses of other individuals with whom you have had sexual activity from January I, 2006 through November 30, 2008. 4. Similarly, Epstein's Motion to Compel Answers to First Set of Interrogatories seeks answers to the following interrogatories: Interrogatories Nos. 18, 19, 20, and 21 18. List separately the names, addresses and phone numbers of all males, excluding Mr. Epstein, with whom you have had sexual activity since age 10 (by year) up through your current age. Describe the nature of sexual activity, the date(s) and whether you received money or other consideration from the person. 19. List separately the names, addresses and phone numbers of all males, excluding your claims against Mr. Epstein, whom you have claimed (formally or informally) committed sexual assault or battery on you since age IO (by year) up through your current age. Describe the nature of sexual assault or battery, the date(s) and whether you received money or other consideration from the person. 20. State the names, addresses and phone numbers of all males, excluding your claims against Mr. Epstein, whom you have claimed (formally or informally) committed lewd or lascivious conduct to you since age IO (by year) up through your current age. Describe the lewd or lascivious conduct, the date and whether you received money or other consideration from the person. 21. State the names, addresses and phone numbers of all males, excluding your claims against Mr. Epstein, whom you have claimed (formally or informally) committed lewd or lascivious exhibition to you since age 10 (by year) up through your current age. Describe the lewd or lascivious exhibition, the date and whether you received money or other consideration from the person. 3 Case 9:08-cv-80119-KAM Document 347 Entered on FLSD Docket 10/14/2009

Page 4 of 8 5. The foregoing discovery requests generally relate to the Plaintiffs' past sexual history. Epstein's Motions to Compel said discovery significantly affect upcoming depositions and Independent Medical Examinations. 6. Epstein is concerned that if Plaintiffs are deposed or examined by a medical doctor before the Court rules on the above-cited motions, Plaintiffs will object and refuse to answer any questions related to past sexual history and will also disrupt the Independent Medical Examination process. Indeed, Jane Doe refused to answer such questions in her deposition. Under those circumstances, if the Court grants Epstein's Motions to Compel, Epstein will have to re-depose each Plaintiff who refuses to answer such questions. 7. In its Order on Defendant Epstein's Emergency Motion for Independent Medical Examination of Plaintiff (DE #289), the Court indicated this line of questioning will be permitted. In denying Plaintiffs request to limit the scope of the examination, specifically as to questions regarding "highly sensitive areas of inquiry including Plaintiffs medical history, psychiatric history, sexual history, social history, sexual abuse history, substance abuse history, etc.," the Court noted: Presumably Plaintiff will be asked these same questions [regarding past medical history, past psychiatric history, past sexual history, etc.] two more times, first by defense counsel at Andriano 's deposition scheduled to take place shortly, and again by Dr. Hall at the upcoming examination. Under these circumstances, where Plaintiff is seeking to recover medical expenses associated with these complex medical issues, full knowledge of Plaintiffs past and present medical, psychological, familial and social histories is essential. And while neither duplication nor embarrassment is desired, under the circumstances presented, where the number and scope of damages claimed are vast and Plaintiffs past history eventful, it may nonetheless be unavoidable. See DE #289 at 2-4. 4 Case 9:08-cv-80119-KAM Document 347 Entered on FLSD Docket 10/14/2009

Page 5 of 8 8. Plaintiffs, Jane Does 2 - 8, have since filed a response (DE #345) to Epstein's Motion to Compel Plaintiffs' Independent Medical Exams Pursuant to Rule 35 (DE #s 303, 308, 310, 317, 319, 328). In their response (DE #345), Plaintiffs seek to prevent this line of relevant questioning at their respective IMEs. Therefore, once again, Plaintiffs seek to delay the matters and attempt to dictate how discovery will take place and the questions they will answer. If a ruling is made consistent with DE #289 referenced above, Plaintiffs will not be able to delay the IMEs and depositions in these cases. 9. Thus, it would promote judicial economy, save the parties time and expense and expedite discovery if the Court determines Epstein's Motions to Compel (DE #s 67 and 68) as well as the identical Motions to Compel filed in Case Nos. 08-80893, 08-80232, 08-80380, 08- 80381, 08-80994, 08-80993 and 08-80811. The parties have various trial schedules to comply with pursuant to this Court's orders. If Plaintiffs continue to delay this matter based upon their belief that they can object to certain topics and questions at their IMEs because the Court (according to Plaintiffs) has not ruled on issues such as discoverability of "past sexual history," not only will Epstein be unable to comply with the Court's trial orders, but any IME will be fruitless because Plaintiffs' counsel will object to any questions regarding past sexual history (DE #345). Therefore, Epstein respectfully submits that rulings on these outstanding discovery issues must be made. WHEREFORE, Defendant, JEFFREY EPSTEIN, respectfully requests the Court rule on Epstein's Motion to Compel Response to First Request to Produce, Motion to Compel Answers to First Set of Interrogatories, Plaintiffs Motion for Preliminary Injunction Restraining Fraudulent Transfer of Assets, Appointment of Receiver to Take Charge of Property of Epstein 5 Case 9:08-cv-80119-KAM Document 347 Entered on FLSD Docket 10/14/2009

Page 6 of 8 and to Post a $15 Million Bond to security Potential Judgm t and grant any additional relief the Court deems just and proper. By: --:l'~l,.L..;----- MIC L J. PIKE, ESQ. Florida Bar #617296 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 on the following Service List in the manner specified by CM/ECF on this Ji_ day of October, 2009 TD. CRITTON, JR., ESQ. Flor· a 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/or Defendant Jeffrey Epstein) 6 Case 9:08-cv-80119-KAM Document 347 Entered on FLSD Docket 10/14/2009

Page 7 of 8 Certificate of Service Jane Doe No. 2 v. Jeffrey Epstein 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 ssm(iil,sexabuseattorney.com [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.MA. Bruce Reinhart, Esq. 7 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 Nos. Case 9:08-cv-80119-KAM Document 347 Entered on FLSD Docket 10/14/2009