UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. ____________________________________/ Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, ____________________________________/ PLAINTIFF JANE DOE NOS. 2-7’S MOTION TO COMPEL PRODUCTION OF JANE DOE NOS. 2-7’S SWORN STATEMENTS TO FBI INVESTIGATORS AND INCORPORATED MEMORANDUM OF LAW Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Motion to Compel Production of Jane Doe Nos. 2-7’s Sworn Statements to FBI Investigators and Incorporated Memorandum of Law, and state as follows: 1. These lawsuits arise from the alleged childhood sexual battery of Jane Doe Nos. 2-7 by Jeffrey Epstein (“Epstein”). 2. Prior to the filing of the Plaintiffs’ lawsuits, Epstein was investigated by the Federal Bureau of Investigation (FBI). During the course of the FBI’s investigation, some or all of Jane Doe Nos. 2-7 were interviewed by FBI agents and asked to provide sworn statements about their sexual abuse by Jeffrey Epstein, the same abuse underlying Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010

Page 1 of 4 2 the factual allegations in the lawsuits now in front of this Court. 3. Pursuant to FBI protocol and the Federal Privacy Act, 5 U.S.C. § 552a(b), Plaintiff’s undersigned counsel has served a subpoena on the Records Custodian of the FBI’s Miami office requesting the sworn statements of Jane Doe Nos. 2-7 given to FBI agents during their criminal investigation of Jeffrey Epstein. See 4. The FBI informed Plaintiffs’ counsel that it requires further authorization in order to release the Plaintiffs’ own sworn statements pursuant to the Federal Privacy Act. Counsel for the FBI has advised that an Order from this Court authorizing the FBI to release the requested statements would be sufficient. Exhibit “A.” See 5. The requested statements are directly relevant and germane to the factual allegations underlying the Plaintiffs’ lawsuits and seemingly cannot be obtained by the Plaintiffs in any other way. Upon information and belief, the Defendant is already in possession of these documents. 5 U.S.C. § 552a (b)(11). A proposed Order authorizing the FBI to release the subpoenaed statements is attached as Exhibit “B.” 6. Plaintiffs’ counsel has conferred with counsel for the Defendant who advised that Defendant opposes the relief requested. WHEREFORE, Plaintiffs, Jane Does Nos. 2-7, respectfully request an Order directing the Federal Bureau of Investigation to release any sworn statements of Jane Doe Nos. 2-7 given to the FBI during the criminal investigation of Jeffrey Epstein and any materials responsive to the subpoena served upon the FBI. Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010

Page 2 of 4 3 Undersigned counsel has conferred with Defendant’s counsel in a good faith effort to resolve the issues raised in this Motion, and has been unable to do so. Certificate Pursuant to S.D.Fla.L.R. 7.1(A)(3) Dated: March 17, 2010 Respectfully submitted, By: s/ Adam D. Horowitz Stuart S. Mermelstein (FL Bar No. 947245) [email protected] Adam D. Horowitz (FL Bar No. 376980) [email protected] Jessica D. Arbour (FL Bar No. 67885) [email protected] MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: (305) 931-2200 Fax: (305) 931-0877 CERTIFICATE OF SERVICE I hereby certify that on March 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 to 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 Notices of Electronic Filing. /s/ Adam D. Horowitz Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010

Page 3 of 4 4 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. [email protected] Robert D. Critton, Esq. [email protected] Bradley James Edwards [email protected] Isidro Manuel Garcia [email protected] Jack Patrick Hill [email protected] Katherine Warthen Ezell [email protected] Michael James Pike [email protected] Paul G. Cassell [email protected] Richard Horace Willits [email protected] Robert C. Josefsberg [email protected] By facsimile and U.S. Mail to: Frank Navas, Esq. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010