IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA¶
CASE NO. 2006CF009454A¶
JEFFREY EPSTEIN,¶
Defendant. _____/¶
RESPONSE TO MOTION FOR PROTECTIVE ORDER¶
FILED FEB 12 PM 3 MARION R. BOCK PALM BEACH COUNTY, FLORIDA CIRCUIT CRIMINAL¶
COMES NOW the Defendant, JEFFREY EPSTEIN, by and through his attorney and files his response to the Motion For Protective Order filed by counsel for State’s witness Jane Doe No. 1.¶
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In summary fashion, counsel for Jane Doe No. 1 complains that serving a witness for deposition by the use of a process server and the service of the witness’ parents for the deposition to ensure service, amounts to “continuous and systematic harassment”. {sup}
1 -
The Motion For Protective Order was filed by one of the attorneys purporting to represent Jane Doe No. 1 in a separate civil proceeding. {sup}
2While disagreeing with the
FEB 13 2006 35 NB¶
{sup}1 Undersigned counsel for the Defendant responds only to the issues in the Motion for Protective Order concerning service of a subpoena for deposition and the date for that deposition. Defendant and undersigned counsel have no knowledge of any agent of the Defendant going to the witness’ place of employment representing “himself as an attorney who needed to contract (sp) her” as alleged “on information and belief” in paragraph 8 of the Motion for Protective Order.¶
{sup}2 The Motion for Protective Order was filed by attorney Theodore Leopold. While he purports to represent Jane Doe No. 1, attorney Jeffrey Herman also claims to represent the interests of Jane Doe No. 1. In that separate civil proceeding, the two law firms are presently litigating who represents the interests of Jane Doe No. 1.¶
assertion in the Motion For Protective Order that Mr. Leopold and the undersigned agreed that Mr. Leopold would accept service on behalf of Jane Doe No. 1, and that the undersigned had agreed not to take the disposition on February 6, 2008, the matter has been rendered moot.¶
- Prior to filing of a Motion For Protective Order, Mr. Leopold and the undersigned conferred and agreed in writing with the consent of the State Attorney’s Office to the taking of Jane Doe No.1’s deposition on February 20, 2008. The parties have also agreed that Mr. Leopold will accept service for Jane Doe’s No.1’s appearance on that date eliminating the need to use a process server to serve Jane Doe No.1. See Exhibit “A” attached. (Jane Doe No. l’s real name has been redacted from the exhibit.)
WHEREFORE, given the fact that the parties have agreed to a procedure for the taking of Jane Doe’s No.1’s deposition, if is respectfully requested that this Court deny Jane Doe No.1’s Motion for Protective Order as moot.¶
{sup}IHEREBY CERTIFY that a copy of the foregoing has been furnished by mail to Lanna Belohlavek, Esquire, The Office of the State Attorney, 401 North Dixie Highway, West Palm Beach, Florida 33401, Theodore J. Leopold, Esquire, 2925 PGA Boulevard, Suite 200, Palm Beach Gardens, Florida, 33410 and Jeffrey Herman, Esquire, {sup}18205 Biscayne Boulevard, Suite 2218, Miami, Florida, 33160, on this r day of February, 2008.¶
ATTERBURY GOLDBERGER & WEISS, P.A. 250 A tralia venu South Suit- 00 We m ea h, F rida 33401 (56
¶
CK A. GOLDBERGER, ESQ. orida Bar No.: 262013¶
ATTERBURY p OLDBERa NESS, {sup}1¶
February 5, 2008¶
11,4 FACSIMILE & U.S. MAIL¶
(561)697-2383¶
Theodore J. Leopold, Esquire Ricci—Leopold 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, Florida 33410¶
Re: State of Florida vs. Jeffrey Epstein Case No.: 2006CF009454AXX {sup}77¶
Dear Ted,¶
e¶
Based on your availability on February 20, wE have scheduled the deposition of Mill eon that date beginning at 9:30 a. sis t State Attorney, Lanna Belohiavek, has also committed to that date.¶
R.ATTERBURY¶
-1 JACK A. GOLDBERGER¶
JASON S.WEISS¶
’ Board Certified Criminal Trial Attorney¶
1 Member of New Jersey & Florida Ban¶
You have indicated to me that y will ept service on behalf of alla for that date. Accordingly, I am enclosing th oti of deposition and a subpoena for deposition for lapa Sea for February 20, 08 beginning at 9:30 a.m.¶
If you are unwill or unable to produce Ms. SS for deposition, please advise me immediately, sol ve her served with a subpoena.¶
Jack A. Goldberger¶
JAG/na Enclosure¶
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA¶
CASE NO. 2006CF009454AXX¶
JEFFREY EPSTEIN,¶
Defendant.¶
TO: a minor do Theodore J. Lepold, Esquire 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, Florida 33410¶
SUBPOENA FOR DEPOSITION¶
G{sup}o¶
YOU ARE COMMANDED to appear before”a arson authorized by law to take depositions on the 4th floor (Rooms 4.2004-4.2010), of the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida on February 20, {sup}2008 beginning at 9:30 a.m. for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court.¶
You are subpoenaed to appear by the following attorneys and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed.¶
WITNESS my han rand seal of said Court on this 51h day of February, 2008.¶
J A. Gatdberger, ESQ or the Court 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300¶
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA¶
CASE NO.: 2006CF009454AXX¶
JEFFREY EPSTEIN, Defendant.¶
NOTICE OF DEPOSITION¶
TO: Lanna Belohlavek, Esquire Office of the State Attorney 401 N. Dixie Hwy West Palm Beach, Florida 33401¶
CO SA¶
-(19, PLEASE TAKE NOTICE that pursuant to the Florida Rules of Criminal Procedure that on February 20,2008 beginning at the hour of 9:30 AM’. at the Palm Beach County Courthouse, 4’{sup}h Floor, 205 North Dixie Highway, West Palm Beach, Florida 33401:¶
/ before Consor & Associates who is authorized by {sup}vto take depositions in the State of Florida, the Plaintiffs will, upon oral examination, taken de osition of the following named via telephone, to wit:¶
9:30 A.M.¶
Such oral examination vul nue from day to day until completed. You are hereby notified to {sup}phone in and take pajlin sat examination as you may be advised, and as shall be fit and proper.¶
This deposition- en for the purposes of discovery, for use as primary evidence or for such other purpo as permitted under the applicable Statutes or Rules of Court.¶
{sup}YCERTIFY that a copy of the foregoing Notice of Taking Deposition has been furnished to the above named addressee and Thedore J. Leopold, Esquire, 2925 PGA Boulevard, Suite 200, Palm Beach Gardens, Florida 33410 by via fax & mail this 5’ day of February, 2008.¶
{sup}
¶A1 1 bRBURY, GO DBERGER, & WEISS, P.A. 250 Australian A nue South, Suite 1400 Wes ‘alm Beac , Florida 33401 (561 9-8300 far 1)835 .691
JA K A. GOLDBERGER, ESQUIRE ida Bar No. 262013¶
February 8, 2008¶
The Honorable Sandra McSorley Circuit Court Judge Palm Beach County Courthouse 205 North Dixie Highway West Palm Beach, Florida 33401¶
RE: State of Florida v. Jeffrey Epstein Case No. 2006CF009454A¶
Dear Judge McSorley:¶
Enclosed please find a courtesy copy of the Defendant’s Response to the Motion for Protective Order filed by Theodore Leopold.¶
Very truly yours,¶
JAG/slm Enclosure cc: Lanna Belohlavek, ASA Theodore Leopold¶
Do order deny my Protective Order As very most. use front perh up order and double reports¶