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Case 9:08-cv-80119-KAM 
Document 68 
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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 08-CV-80119-MARRA-JOHNSON 
JANE DOE NO. 2 
Plaintiff, 
v. 
JEFFREY EPSTEIN, 
Defendant. 
DEFENDANT EPSTEIN'S MOTION TO COMPEL PLAINTIFF, 
JANE DOE NO. 2, To ANSWER DEFENDANT'S FIRST SET OF 
INTERROGATORIES AND TO OVERRULE OBJECTIONS, AND 
FOR AN AWARD OF DEFENDANT'S REASONABLE EXPENSES 
Defendant, JEFFREY EPSTEIN, by and through his undersigned attorneys, 
moves this Court for an order compelling Plaintiff, JANE DOE No. 2 to answer 
Defendant's First Set of Interrogatories and to overrule her objections asserted in 
Plaintiff's Answers To Defendant's First Interrogatories, dated January 26, 2009. 
Defendant further seeks an award of his reasonable expenses, including expenses, 
associated with the making of this motion. Rule 37, Fed.R.Civ.P. (2008): Local Gen. 
Rules 7.1 and 26.1 H (S.D. Fla. 2008). In support of his motion, Defendant states: 
Introduction 
Prior to the filing of this motion, counsel for Defendant and counsel for Plaintiff 
corresponded with each other and were able to resolve some of the discovery issues 
related to Defendant's First Interrogatories and Plaintiffs answers and objections 
thereto. By letter, dated March 3, 2009, the Plaintiff agreed to withdraw her "General 
Objections" set forth in her response. As well, issues as to interrogatories nos. 10 and 
14 are presently resolved. 
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Also, Defendant has filed simultaneously with this motion a Motion To Compel 
directed to certain of Plaintiffs Responses to Defendant's First Request To Produce, 
also dated January 26, 2009, and which addresses identical discovery issues. Both 
motions should be determined at the same time. 
Motion To Compel Answers to Interrogatories Not 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 10 (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 10 (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. 
Plaintiff asserted the identical answer to each of the above stated interrogatories: 
Answer: 
Plaintiff objects to this interrogatory as vague, overly broad, unduly burdensome, 
harassing, and not reasonably calculated to lead to discovery of admissible evidence. 
Moreover, this interrogatory is outrageous, offensive and apparently posed for the 
purpose of intimidating the victim. 
Fed.R.Evid. 412 makes any answer to this 
interrogatory inadmissible, and nothing in the answer could plausibly lead to discovery 
of admissible evidence. 
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Legal Argument Supporting Entitlement to Discovery 
Plaintiff does not make a relevancy objection, but instead claims that the 
requests are "not reasonably calculated to lead to the discovery of admissible 
evidence," claiming that such "evidence ... would not be admissible under Fed.R.Evid. 
412." Plaintiff further claims, without making any showing in her answer and without 
moving for a protective order in accordance with Rule 26(c) and Local Gen. Rule 26.1 H 
(S.D. Fla. 2008), that the interrogatory is "harassing,' "outrageous, offensive and is 
apparently posed for the purpose of intimidating Plaintiff." 
It is well settled that relevant information is discoverable, even if not admissible at 
trial, so long as the discovery is reasonably calculated to lead to the discovery of 
admissible evidence. Rule 26(b)(1), Fed.R.Civ.P.; Donahay v. Palm Beach Tours & 
trans.. Inc., 242 F.R.D. 685 (S.D. Fla. 2007). Contrary to Plaintiffs assertion, Rule 412 
does not automatically result in a determination that such sexual history and sexual 
activity/behavior information is never admissible. In fact, written into the Rule are the 
procedures to follow in determining when such information is admissible at trial. The 
Advisory Committee Notes to Rule 412, Fed.R.Evid, makes clear that the procedures to 
determine admissibility of an alleged victim's/plaintiffs sexual conduct or activity in civil 
cases does not apply to discovery of such information. Rather, discoverability of such 
information is governed by Rule 26, Fed.R.Civ.P., pursuant to which the scope of 
discovery is broad. Donahay, supra, at 686, and cases cited therein. "Parties may 
obtain discovery regarding any matter, not privileged, which is relevant to the claims or 
defense of any party involved in the pending action." Id. 
Rule 412, entitled "Sex Offense Cases; Relevance of Alleged Victim's Past 
Sexual Behavior or Alleged Sexual Predisposition," provides in relevant part - 
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(a) Evidence generally inadmissible.--The following evidence is not admissible 
in any civil ... proceeding involving alleged sexual misconduct except as 
provided in subdivisions (b) and (c): 
(1) Evidence offered to prove that any alleged victim engaged in other sexual 
behavior. 
(2) Evidence offered to prove any alleged victim's sexual predisposition. 
(b) Exceptions.—
(2) In a civil case, evidence offered to prove the sexual behavior or sexual 
predisposition of any alleged victim is admissible if it is otherwise admissible 
under these rules and its probative value substantially outweighs the danger of 
harm to any victim and of unfair prejudice to any party. Evidence of an alleged 
victim's reputation is admissible only if it has been placed in controversy by the 
alleged victim. 
(c) Procedure to determine admissibility.--
(1) A party intending to offer evidence under subdivision (b) must-
(A) file a written motion at least 14 days before trial specifically describing 
the evidence and stating the purpose for which it is offered unless the court, for 
good cause requires a different time for filing or permits filing during trial; and 
(B) serve the motion on all parties and notify the alleged victim or, when 
appropriate, the alleged victim's guardian or representative. 
(2) Before admitting evidence under this rule the court must conduct a 
hearing in camera and afford the victim and parties a right to attend and be 
heard. The motion, related papers, and the record of the hearing must be 
sealed and remain under seal unless the court orders otherwise. 
In confirming that Rule 412 does not control the discoverability of such 
information, the Advisory Committee Notes (1994 Amendments) state - 
The procedures set forth in subdivision (c) do not apply to discovery of a 
victim's past sexual conduct or predisposition in civil cases, which will be 
continued to be governed by Fed. R. Civ. P. 26. In order not to undermine the 
rationale of Rule 412, however, courts should enter appropriate orders pursuant 
to Fed. R. Civ. P. 26 (c) to protect the victim against unwarranted inquiries and 
to ensure confidentiality. Courts should presumptively issue protective orders 
barring discovery unless the party seeking discovery makes a showing that 
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the evidence sought to be discovered would be relevant under the facts 
and theories of the particular case, and cannot be obtained except 
through discovery. In an action for sexual harassment, for instance, while 
some evidence of the alleged victim's sexual behavior and/or predisposition in 
the workplace may perhaps be relevant, non-work place conduct will usually be 
irrelevant. Cf. Bums v. McGregor Electronic Industries, Inc., 989 F.2d 959, 962-
63 (8th Cir. 1993) (posing for a nude magazine outside work hours is irrelevant 
to issue of unwelcomeness of sexual advances at work). Confidentiality 
orders should be presumptively granted as well. 
(Emphasis added). 
In accordance with Rule 412 and Rule 26, the discovery sought regarding 
Plaintiffs sexual activity with males, including whether she received any compensation 
or consideration therefore, in interrogatory no. 18, whether she claims other males 
committed sexual assault or battery on her in no. 19, whether she claims other males 
committed lewd and lascivious conduct to her in no. 20, and whether other males 
committed lewd or lascivious exhibition to her in no. 21, are all relevant to Plaintiff's 
damages claims and the type of injury she claims she has suffered. Defendant has no 
other means of obtaining such information and obtaining such information through 
Plaintiff will better protect the confidentiality until the Court can make a determination in 
accordance with the procedures under Rule 412(c) whether such information will be 
admissible at trial. See Rule 412(c) quoted above. Defendant will agree to an order 
keeping the confidentiality of the information obtained through discovery. 
The evidence sought is relevant based on the facts and theories of this action. 
In her Second Amended Complaint, Plaintiff attempts to allege claims in Count I for 
"Sexual Assault and Battery," Count II for "Intentional Infliction of Emotional Distress," 
and in Count III for "Coercion and Enticement to Sexual Activity in Violation of 18 
U.S.C.A. §2422," and seeks damages pursuant to 18 U.S.C. §2255(a). (Plaintiff alleges 
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diversity of citizenship as a basis for this Court's jurisdiction. 2d Am. Complaint, ¶5). 
Counts I and II are brought pursuant to state law. 
In her complaint, Plaintiff alleges that "she has suffered and will continue to suffer 
severe and permanent traumatic injuries, including mental, psychological and emotional 
damages," and "severe mental anguish and pain." In her answers to interrogatories 
nos. 9 and 10, Plaintiff further states that: 
Plaintiff has suffered severe psychological and emotional injuries, including 
without limitation, anxiety, low self-esteem, feelings of guilt, self-blame, 
distrustfulness, burdened often by sadness and depression, suicidal thoughts, 
difficulty trusting others (particularly men), irritability, anger, feeling helpless and 
powerless, escapism through excessive partying, lack of confidence, loss of 
innocence. (Interrog. No. 9). 
... she seeks damages arising from her psychological and emotional injuries. 
These damages include pain and suffering, costs of psychological care and 
treatment, and loss of earning capacity. ... (Interrog. No. 10). 
Plaintiff also alleges that "Sarah Kellen, Epstein's assistant" was a part of "Epstein's 
plan and scheme (which) reflected a particular pattern and method" in the alleged 
recruiting of girl's to come to EPSTEIN's Palm Beach mansion and give him "massages" 
in exchange for money. 2nd Am. Complaint, ¶11-12. According to the complaint 
allegations — "Upon information and belief Epstein has a sexual preference and 
obsession for underage minor girls." ¶8. "Sarah Kellen" would "bring the girl up a flight 
of stairs to a bedroom that contained a massage table ... ." The girl would be alone with 
EPSTEIN. EPSTEIN would "lie naked on the massage table, and direct the girl to 
remove her clothes." "Epstein would then perform one or more lewd, lascivious and 
sexual acts, including masturbation and touching the girl's vagina." 2nd Am. Complaint, 
¶11, Exhibit B. Plaintiff alleges that "in 2004-2005," she, "then approximately 16 years 
old, fell into Epstein's trap and became one of his victims." ¶8. Plaintiff alleges that 
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Epstein exposed himself to her and "sexually assaulted" her. ¶12 Plaintiff further 
alleges that "Epstein committed willful acts of child sexual abuse" on her, which resulted 
in "mental or sexual injury," and "caused or likely to cause Jane Doe's mental or 
emotional health to be significantly impaired." 2d Am. Complaint, ¶25. 
The information sought is dearly relevant to the injuries and damages claimed by 
Plaintiff. The nature of her claimed injuries and damages are such that Defendant is 
entitled to evidence which would show the nature of her relationship with males, 
whether she has suffered other acts of sexual misconduct as alleged in her complaint, 
and whether she suffered injury and damages as a result of the other claimed sexual 
misconduct with males. See United States v. Bear Stops 997 F.2d 451 (8th Cir. 
1993)(Defendant charged with sexual abuse of six year old boy was entitled to 
admission of evidence relating to victim's sexual assault by 3 older boys to establish 
alternative explanation for why victim exhibited behavioral manifestations of sexually 
abused child.). 
In further support of Defendant's motion, a copy of Balas v. Ruzzo, 703 So.2d 
1076 (Fla. 5th DCA 1997), rev. denied, 719 So.2d 286 (Fla. 1998), is attached hereto as 
Exhibit A as it is on point to the discovery issues in this action, and the relevancy and 
discoverability of Plaintiffs history of sexual activity and any payment, therefore. See 
interrogatories 8, 22 and 30 propounded in the Balas case and footnote 1 herein. 1
Additionally and significantly, in other pending state court civil actions against Defendant 
In Balas v. Ruzzo, supra, the Plaintiffs alleged a multicount complaint including claims 
for "coercion of prostitution" pursuant to §796.09, Fla. Stat.; for battery for the unwanted 
and offensive touching of petitioners' bodies; false imprisonment for physically confining 
the petitioners against their will; invasion of privacy; and intentional infliction of 
emotional distress. 
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EPSTEIN attempting to assert similar claims and damages, the Circuit Court Judges 
have already ruled that such information is discoverable as it is relevant to the damages 
claims of Plaintiff. See Composite Exhibits B and C hereto. Composite Exhibit B 
are the Orders, dated February 23, 2009, entered in the case of A.C. v. Epstein, and 
Kellen, Case No. 502008CA025129 MB Al, 15th Judicial Circuit, In and For Palm Beach 
County, State of Florida, which granted Defendant's motion to compel therein directed 
to discovery identical to interrogatory no. 18 above, and to requests for production nos. 
17 and 18 addressed below herein. (In the A.C. case, the Plaintiff answered without 
objection interrogatories identical to nos. 19, 20, and 21 herein.) Composite Exhibit C 
is a portion the transcript from a March 3, 2009 hearing on Defendant's motion to 
compel discovery in the case of Jane Doe II v. Epstein, and Kellen, Case No. 
502008CA020614 MB AF, 15th Judicial Circuit Court, In and For Palm Beach County, 
State of Florida. Again, the Circuit Court Judge determined that the information sought 
is relevant to the issue of damages and, thus, discoverable. 
WHEREFORE, Defendant requests that this Court grant his motion to compel 
and award his attorney's fees and costs, associated with this motion, in accordance with 
Rule 37, Fed.R.Civ.P., and applicable Local Rules. 
Rule 7.1 Certification 
I hereby certify that counsel for the respective parties communicated by letters in 
a good faith effort to resolve the discovery issues prior to the filing of this motion to 
compel. Some of the issues were resolved. 
Robert D. C on, Jr. 
Attorney fo Defendant Epstein 
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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 recorpdentified on the following Service List in the 
manner specified by CM/ECF on thisa_n-day of  April  , 2009: 
Stuart S. Mermelstein, Esq. 
Adam D. Horowitz, Esq. 
Mermelstein & Horowitz, P.A. 
18205 Biscayne Boulevard 
Suite 2218 
Miami, FL 33160 
Counsel for Plaintiff Jane Doe #2 
Jack Alan Goldberger 
Atterbury Goldberger & Weiss, P.A. 
250 Australian Avenue South 
Suite 1400 
West Palm Beach, FL 33401-5012 
Co-Counsel for Defendant Jeffrey Epstein 
Respectfully sub 
By: 
ROBERT D CRITTON, JR., ESQ. 
Florida Ba No. 224162 
J. 
E, SQ. 
Florida Bar #617296 
BURMAN, CRITTON, LUTTIER & COLEMAN 
515 N. Flagler Drive, Suite 400 
West Palm Beach, FL 33401 
(Co-Counsel for Defendant Jeffrey Epstein) 
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