Draft: efta02746690

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, Jane Doe #4'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 # 4 (case #80380), submit to a compulsory psychological/psychiatric medical examination (a/k/a independent medical examination) by Ryan e, M.D. of Richard e 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 consolidated, Defendant is required to file a Rule 35 Motion seeking an IME. Thus, the undersigned believes that an Omnibus Order is required relative to all 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 #4.

3. Plaintiff has alleged in her action that Defendant sexually battered her and, as a result, Plaintiffs seek millions of dollars in personal injury damages for, among other things, "confusion, shame, humiliation, embarrassment, and severe psychological and emotional injuries." See Second Amended Complaint. (DE 62) Plaintiff, Jane Doe #4, also claims Epstein "intentionally inflicted harmful or offensive contact on the person of Jane Doe, creating reasonable fear of imminent peril. . . [and] [a]s a proximate result of Epstein's assault on Jane Doe, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages." Id. at ¶¶ 16-22. Jane Doe # 4 further alleges that she suffered ". ..mental or sexual injury. . .that caused or were likely to cause Jane Doe's mental or emotional health to be significantly impaired. . .[and]. .Jane Doe has suffered and will continue to suffer severe mental anguish and pain." Id. at ¶¶ 23-28.

4. In addition, Jane Doe #4 provided her former boyfriend's name, Mr. Vinyard, to her expert, Gilbert Kliman, M.D. In fact, she stated in the interview with Dr. Kliman that Mr. Vinyard was not a good influence on her and that he was an alcoholic.

See Exhibit "B". In addition, on 9/20/04, a battery report was filed involving Jane Doe #4 and Mr. Vinyard in reference to an argument where he grabbed her by the neck and began spitting on her and calling her a cheater. Jane Doe #4 also tried to bite Mr. Vinyard. See Exhibit "C". Next, a repeat domestic violence case was filed on 9/21/04 and was closed on a Final Judgment for Protection Order on 10/6/04. Apparently, Mr. Vinyard was physically and verbally abusive to Jane Doe Number 4. See Exhibit "D". On 10/6/04, an Order of Protection was issued against Vinyard and was enforce until 10/6/05. See Exhibit "E". Mr. Vinyard was also arrested on 12/24/03 and charged with reckless driving and leaving the scene of an accident with damages after he and Jane Doe #4 hit a tree and fled the scene after leaving a party. See Exhibit "F". On 10/31/04, officers entered Jane Doe #4's home in connection with a disturbance between her and Mr. Vinyard. Officers found Jane Doe #4 without a top on and advised her to get dressed; however, she kept yelling at police demanding that they leave her house. See Exhibit "G". On 11/31/04, Mr. Vinyard was arrested for violation of domestic violence injunction order for repeat violence against Jane Doe #4. Apparently, Jane Doe #4 and Vinyard were arguing in a cab over not having money to pay the fair and Mr. Vinyard hit Jane Doe #4. See Exhibit "H".¶

5. In addition, Jane Doe Number #4 advised Dr. Kliman that her boyfriend (Chris) died in a car accident involving a DUI and her best friend (Jen) died in an automobile accident involving drinking. See Exhibit "I." In 2003, Jane Doe #4 sought counseling because of a dysfunctional home situation, particularly with her father. Finally, Jane Doe #4 described herself as angry, bitter, disliking herself, depressed, and having problems with her body image — all pre-Epstein. See supra.

6. Furthermore, it is important for this court to review the detailed Affidavit of Dr. • 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. See Affidavit of Dr. IMAttached hereto as Exhibit "J".

7. Based upon the foregoing, it is clear that Jane Doe #4 has placed her physical, emotional, medical and psychological conditions at issue. Therefore, an IME is warranted. Without an IME, Epstein would be severely prejudiced. The Affidavit of Dr. Mclearly sets out the IME and scope of the examination that must be conducted. See also, the curriculum vitae of Dr. Ryan. See Exhibit "K". 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 has 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.

8. As this court is well aware, Plaintiff and Defendant are required to complete discovery under the Court's trial schedule. 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.

9. 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 of Dr. IN

10. Pursuant to Rule 35, Fed.R.Civ.Pro, a party may move for an examination by a qualified examiner if the Plaintiffs mental/emotional and/or psychological status is at issue in a case.

11. Defendant would be severely prejudiced unless he is able to have an examination conducted by a qualified examiner separate and apart from any psychologist/psychiatrist or similar behavioral health provider who may have or may ultimately see the Plaintiff and testify in court.

12. Defendant's counsel has retained the services of Richard M.D. and Ryan S M.D., of C.W. S M.D., P.A. located at 2500 West Lake Mary Blvd., #219 Lake Mary, FL 32746. Ryan e M.D., will be performing the examination. Dr. Ryan Halls' specialties include forensic psychiatry, general psychiatry and medical psychiatry. See Exhibit attached outlining Ryan S 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. • 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.

13. 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 email; however, an agreement has not been reached.¶

WHEREFORE, Defendant requests that this Court enter an Order:¶

• a. providing a date and time for Plaintiffs 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, Luttier and Coleman, LLP. located at 303 Banyan Boulevard, Ste. 400, WPB, Fl. 33401 under the protocol set forth by Dr. ■ in his affidavit, by videotape and for such other and further relief as this court deems just and proper.

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 recqrsi identifi on t e following Service List in the manner specified by CM/ECF on this fe day of, 2009¶

Respectfully s bmi¶

By: CRITTON, JR., ESQ. Flo da Bar No. 224162 rcritAbciclaw.com MICHAEL J. PIKE, ESQ. Florida Bar #617296 mpikeabcIclaw.com 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 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@sexabuseattorney.com
ahorowitz@sexabuseattorney.com
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 10^th Avenue North
Suite 404
Lake Worth, FL 33461
561-582-7600
Fax: 561-588-8819
Counsel for Plaintiff in Related Case No. 08-80811
reelrhw@hotmail.com¶

Jack Scarola, Esq.
Jack P. █, 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
jsx@searcylaw.com
jph@searcylaw.com
Counsel for Plaintiff, C.M.A.¶

Brad █, Esq.
Rothstein Rosenfeldt Adler
401 East Las Olas Boulevard
Suite 1650
Fort Lauderdale, FL 33301
Phone: 954-522-3456
Fax: 954-527-8663
bedwards@rra-law.com
Counsel for Plaintiff in Related Case No. 08-80893¶

Paul G. Cassell, Esq.
Pro Hac Vice
332 South 1400 E, Room 101
Salt Lake City, UT 84112
801-585-5202
801-585-6833 Fax
cassellp@law.utah.edu
Co-counsel for Plaintiff Jane Doe¶

Isidro M. █, Esq.
█ Law Firm, P.A.
224 Datura Street, Suite 900
West Palm Beach, FL 33401
561-832-7732
561-832-7137 F
isidrogarcia@bellsouth.net
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
rjosefsberg@podhurst.com
kezell@podhurst.com¶

Bruce Reinhart, Esq.
Bruce E. Reinhart, P.A.
250 S. Australian Avenue
Suite 1400
West Palm Beach, FL 33401
561-202-6360
Fax: 561-828-0983
ecf@brucereinhartlaw.com¶

Counsel for Defendant [REDACTED]¶

Theodore J. Leopold, Esq.
Spencer T. Kuvin, Esq.
Ricci-Leopold, P.A.
2925 PGA Blvd., Suite 200
Palm Beach Gardens, FL 33410
561-684-6500
Fax: 561-515-2610
Counsel for Plaintiff in Related Case No.
08-08804
skuvin@riccilaw.com
tleopold@riccilaw.com¶

cc. Dr. Ryan [REDACTED]¶

Counsel for Plaintiffs in Related Cases
Nos. 09-80591 and 09-80656¶

Jack Alan Goldberger, Esq.
Atterbury Goldberger & Weiss, P.A.
250 Australian Avenue South
Suite 1400
West Palm Beach, FL 33401-5012
561-659-8300
Fax: 561-835-8691¶

jagesq@bellsouth.net
Counsel for Defendant Jeffrey Epstein¶