EFTA01070451

Case 9:08-cv-80119-KAM 
Document 207-2 
Entered on FLSD Docket 07/20/2009 
Page 15 of 21 
Case 9:08-cv-80811-KAM 
Document 47 
Entered on FLSD Docket 03/12/2009 
Page 15 of 21 
C.M.A. v. Epstein, et al. 
Page 15 
offenses outlined in Chapter 800 of the Federal Codes, as well as those designated in 
UlIUd 
Plaintiff also alleges that Defendants "tortious commission of sexual battery upon 
C.M.A. were (sic) done willfully and maliciously.° 
Supporting Defendant's position that Plaintiff has failed to state a cause of action 
in Count XXXI, 18 U.S.C. §§2241(c), not §2241 in its entirety, as discussed above, is 
one of the predicate acts, along with 2242, 2243, 2421, and 2423, designated in the 
federal civil remedy statute — 18 U.S.C. §2255. Plaintiff attempted and failed to allege 
such a claim in the previous counts. Defendant can find no criminal offenses in any 
"Chapter 800 of the Federal Codes" which give rise to a civil cause of action. 
The same is true for Plaintiffs reference to the Florida Statutes. Not one of the 
statutes referenced creates a private cause of action or affords a civil remedy on behalf 
of the alleged victim of the criminal offense.' (Except for Florida Statute §39.01, all of 
the statutes referenced by Plaintiff are contained Title XLVI. Crimes of the Florida 
Statutes). The referenced criminal statutes set forth acts subject to criminal prosecution 
and the criminal penalties therefor, if proven. See generally, Am. Home Assurance Co. 
v. Plaza Materials Corp., 908 So.2d 360, 374 (Fla. 2005)("not every statutory violation 
carries a civil remedy"); Miami Herald Pub. Co. v. Ferre, 636 F.Supp. 970 (S.D. Fla. 
1985)(violation of Florida's criminal extortion statute does not give rise to civil cause of 
' Florida Statutes §§796.03 — Procuring person under age 18 for prostitution; 796.04 —
Forcing, compelling, or coercing another to become a prostitute; 796.045 (which did not 
become effective until Oct. 1, 2004) — Sex trafficking; penalties; 796.07 — Prohibiting 
prostitution, etc.; evidence; penalties; definitions; and §39.01, entitled °Definitions,' is 
contained in Title V — Judicial Branch, Chapter 39 - "Proceedings relating to Children." 
EFTA01070471

Case 9:08-cv-80119-KAM 
Document 207-2 
Entered on FLSD Docket 07/20/2009 
Page 16 of 21 
Case 9:08-cv-80811-KAM 
Document 47 
Entered on FLSD Docket 03/12/2009 
Page 16 of 21 
C.M.A. v. Epstein, et al. 
Page 16 
action for damages); Mantooth v. Richards, 557 So.2d 646 (Fla. 41h DCA 1990), per 
curiam, (Dismissal of plaintiffs civil complaint affirmed where parental kidnapping 
statutes concerned only criminal violations and did not create a civil remedy). 
As well, the Count XXXI allegations make absolutely no reference to any 
viable common law cause of action; Defendant should not be required to guess or 
speculate as to the nature of Plaintiffs cause of action. Even if Defendant were to 
speculate as to the supposed cause of action, these causes of action (common law or 
otherwise) have not been sufficiently alleged. On Its face, in accordance with the 
pleading requirements annunciated in Twomblv, supra, Count XXXI is completely 
lacking as to any common law elements or the underlying factual allegations to support 
each element, and thus, Count XXXI is required to be dismissed for failure to state a 
cause of action. 
In the altematiSre, Plaintiff should be required to more definitely state whether her 
claim is being brought pursuant to federal or Florida statutory law, specifically identify 
the statute it is being brought under, or whether her claim is being asserted under 
common law. Once Plaintiff identifies the nature of her claim, she is required to 
sufficiently allege in accordance with Twomblv, the requisite elements of the identified 
claim, along with sufficient factual allegations supporting the elements. 
Conclusion 
Pursuant to applicable law, Counts I through XXXI of Plaintiffs First Amended 
Complaint are required to be dismissed for failure to state a cause of action. 18 U.S.C. 
does not allow for the Plaintiff C.M.A. to allege separate causes of action against 
EFTA01070472

Case 9:08-cv-80119-KAM 
Document 207-2 
Entered on FLSD Docket 07/20/2009 
Page 17 of 21 
Case 9:08-cv-80811-KAM 
Document 47 
Entered on FLSD Docket 03/12/2009 
Page 17 of 21 
C.M.A v. Epstein, et al. 
Page 17 
Defendant EPSTEIN, but rather allows Plaintiff to attempt to assert a single civil remedy 
it she can prove a violation ot any ot the statutory enumerated predicate acts. Further, 
Plaintiff has failed to sufficiently allege a requisite predicate act under §2255. In 
addition, §2255 does not allow for recovery of punitive damages. Count XXXI is also 
subject to dismissal with prejudice for failure to state a cause of action, as Plaintiff has 
failed to allege a legally viable or recognizable cause of action. 
WHEREFORE, Defendant requests that this Court grant his motion to dismiss 
Counts I through XXXI, or alternative motion for more definite statement, and motion to 
strike. 
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 recca identified on the following Service List in the 
manner specified by CM/ECF on this day of  March 2009: 
Richard Horace Willits, Esq. 
Richard H. Willits, P.A. 
2290 10th Avenue North 
Suite 404 
L 33461 
Fax: 
.11;11:21;1171111 
M.A. 
Jack Scarola, Esq. 
Jack P. Hill, Esq. 
Searcy Denney 
Scarola 
Bamhart 
Shipley, P.A. 
2139 Palm Beach Lakes Boulevard 
ach, FL 33409 
Fax: 
Jack Alan Goldberger, Esq. 
Atterbury Goldberger & Weiss, P.A. 
250 Australian Avenue South 
Suite 1400 
ach, FL 33401-5012 
ants Jeffrey Epstein 
Bruce Reinhart, Esq. 
& Bruce E. Reinhart, P.A. 
250 S. Australian Avenue 
Suite 1400 
ach, FL 33401 
Fax: 
EFTA01070473

Case 9:08-cv-80119-KAM 
Document 207-2 
Entered on FLSD Docket 07/20/2009 
Page 18 of 21 
Case 9:08-cv-80811-KAM 
Document 47 
Entered on FLSD Docket 03/12/2009 
Page 18 of 21 
C.M.A. v. Epstein, et al. 
Page 18 
Jsx(Msearcylaw.com 
johesearcvlaw.com 
Co-Counsel for Plaintiff 
ecf brucereinhartlaw. 
Counsel for Defendan 
I ENDNOTE: 
Respectfully su 
tted, 
By: 
ROBERT D CRITTON, JR., ESQ. 
Florida Bar o. 224162 
rcritabcIcl w.com 
MICHAEL J. PIKE, ESQ. 
Florida Bar #617296 
moikeAbciclaw.com 
BURMAN, CRITTON, LUTTIER & COLEMAN 
515 N. Flagler Drive, Suite 400 
FL 33401 
Phone 
Fax 
(Counsel for Defendant Jeffrey Epstein) 
U.S.C.A. - Title 18. Crimes and Criminal Procedure, 
Chapter 109A. Sexual Abuse 
§2241. Aggravated Sexual Abuse. 
(c) With children.—Whoever crosses a State line with intent to engage in a sexual act 
with a person who has not attained the age of 12 years, or in the special maritime and 
territorial jurisdiction of the United States or in a Federal prison, or in any prison, 
institution, or facility in which persons are held in custody by direction of or pursuant to a 
contract or agreement with the head of any Federal department or agency, knowingly 
engages in a sexual act with another person who has not attained the age of 12 years, 
or knowingly engages in a sexual act under the circumstances described in subsections 
(a) and (b) with another person who has attained the age of 12 years but has not 
EFTA01070474

Case 9:08-cv-80119-KAM 
Document 207-2 
Entered on FLSD Docket 07/20/2009 
Page 19 of 21 
Case 9:08-cv-80811-KAM 
Document 47 
Entered on FLSD Docket 03/12/.2009 
Page 19 of 21 
C.M.A. v. Epstein, et al. 
Page 19 
attained the age of 16 years (and is at least 4 years younger than the person so 
engaging), or attempts to ao so, shall be tined under this title and imprisoned tor not 
less than 30 years or for life. If the defendant has previously been convicted of another 
Federal offense under this subsection, or of a State offense that would have been an 
offense under either such provision had the offense occurred in a Federal prison, unless 
the death penalty is imposed, the defendant shall be sentenced to life in prison. 
§ 2242. Sexual abuse 
Whoever, in the special maritime and territorial jurisdiction of the United States or In 
a Federal prison, or in any prison, institution, or facility in which persons are held in 
custody by direction of or pursuant to a contract or agreement with the head of any 
Federal department or agency, knowingly—
(1) causes another person to engage in a sexual act by threatening or placing that 
other person in fear (other than by threatening or placing that other person in fear that 
any person will be subjected to death, serious bodily injury, or kidnapping); or 
(2) engages in a sexual act with another person if that other person is--
(A) incapable of appraising the nature of the conduct; or 
(B) physically Incapable of declining participation in, or communicating 
unwillingness to engage in, that sexual act; 
or attempts to do so, shall be fined under this title and imprisoned for any term of years 
or for life. 
§ 2243. Sexual abuse of a minor or ward 
(a) Of a minor.—Whoever, in the special maritime and territorial jurisdiction of the 
United States or in a Federal prison, or in any prison, institution, or facility in which 
persons are held in custody by direction of or pursuant to a contract or agreement with 
the head of any Federal department or agency, knowingly engages in a sexual act with 
another person who—
(1) has attained the age of 12 years but has not attained the age of 16 years; and 
(2) is at least four years younger than the person so engaging; 
or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, 
or both. 
(b) Of a ward.—Whoever, in the special maritime and territorial jurisdiction of the United 
States or in a Federal prison, or in any prison, institution, or facility in which persons are 
held in custody by direction of or pursuant to a contract or agreement with the head of 
any Federal department or agency, knowingly engages in a sexual act with another 
person who is—
EFTA01070475

Case 9:08-cv-80119-KAM 
Document 207-2 
Entered on FLSD Docket 07/20/2009 
Page 20 of 21 
Case 9:08-cv-80811-KAM 
Document 47 
Entered on FLSD Docket 03/12/2009 
Page 20 of 21 
C.M.A. v. Epstein, et al. 
Page 20 
(1) in official detention; and 
(Z) under the custodial, supervisory, or disciplinary autnority ot me person so 
engaging; 
or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, 
or both. 
(c) Defenses.—(1) In a prosecution under subsection (a) of this section, it is a defense, 
which the defendant must establish by a preponderance of the evidence, that the 
defendant reasonably believed that the other person had attained the age of 16 years. 
(2) In a prosecution under this section, it is a defense, which the defendant must 
establish by a preponderance of the evidence, that the persons engaging in the sexual 
act were at that time married to each other. 
(d) State of mind proof requirement—In a prosecution under subsection (a) of this 
section, the Government need not prove that the defendant knew—
(1) the age of the other person engaging in the sexual act; or 
(2) that the requisite age difference existed between the persons so engaging. 
Chapter 117 Transportation for Illegal Sexual Activity and Related Crimes 
§ 2421. Transportation generally 
Whoever knowingly transports any individual in interstate or foreign commerce, or in 
any Territory or Possession of the United States, with intent that such individual engage 
in prostitution, or in any sexual activity for which any person can be charged with a 
criminal offense, or attempts to do so, shall be fined under this title or Imprisoned not 
more than 10 years, or both. 
§ 2423. Transportation of minors 
(a) Transportation with intent to engage in criminal sexual activity: -A person who 
knowingly transports an individual who has not attained the age of 18 years in interstate 
or foreign commerce, or in any commonwealth, territory or possession of the United 
States, with intent that the individual engage in prostitution, or in any sexual activity for 
which any person can be charged with a criminal offense, shall be fined under this title 
and imprisoned not less than 10 years or for life. 
(b) Travel with intent to engage in illicit sexual conduct —A person who travels in 
interstate commerce or travels into the United States, or a United States citizen or an 
alien admitted for permanent residence in the United States who travels in foreign 
commerce, for the purpose of engaging in any illicit sexual conduct with another person 
shall be fined under this title or imprisoned not more than 30 years, or both. 
EFTA01070476

Case 9:08-cv-80119-KAM 
Document 207-2 
Entered on FLSD Docket 07/20/2009 
Page 21 of 21 
Case 9:08-cv-80811-KAM 
Document 47 
Entered on FLSD Docket 03/12/2009 
Page 21 of 21 
C.M.A v. Epstein, et al. 
Page 21 
(c) Engaging In illicit sexual conduct in foreign places.—Any United States citizen or 
alien admitted tor permanent residence who travels in toretgn commerce, and engages 
in any illicit sexual conduct with another person shall be fined under this title or 
imprisoned not more than 30 years, or both. 
(d) Ancillary offenses.—Whoever, for the purpose of commercial advantage or private 
financial gain, arranges, induces, procures, or facilitates the travel of a person knowing 
that such a person is traveling in interstate commerce or foreign commerce for the 
purpose of engaging in illicit sexual conduct shall be fined under this title, imprisoned 
not more than 30 years, or both. 
(e) Attempt and consplracy.—Whoever attempts or conspires to violate subsection (a), 
(b), (c), or (d) shall be punishable in the same manner as a completed violation of that 
subsection. 
(f) Definition.—As used in this section, the term Illicit sexual conduct" means (1) a 
sexual act (as defined in section 2246) with a person under 18 years of age that would 
be in violation of chapter 109A if the sexual act occurred in the special maritime and 
territorial jurisdiction of the United States; or (2) any commercial sex act (as defined in 
section 1591) with a person under 18 years of age. 
(g) Defense.—In a prosecution under this section based on illicit sexual conduct as 
defined in subsection (0(2), it is a defense, which the defendant must establish by a 
preponderance of the evidence, that the defendant reasonably believed that the person 
with whom the defendant engaged in the commercial sex act had attained the age of 18 
years. 
EFTA01070477

Case 9:08-cv-80119-KAM 
.Docy.ment p).7.4..,.. ..Eatqwl on. FLSD Docket 07/20/2009 
Page 1 of 4 
lase 9:03-cv-B0811-KAM 
Document 113 
Entered on FLSD Docket 06/05/2009 
Page 1 of 4 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CARP ton • 08-CV-8OR11-t1N_MARRA/.InHNSON
C.M.A., 
Plaintiff, 
VS. 
Ile 
EPSTEIN and 
Defendants. 
PLAINTIFF. C.M.A.'S. CONDITIONAL NOTICE OF INTENT TO EXCLUSIVELY RELY 
ON STATUTORY DAMAGES PROVIDED BY 18 U.S.C. 42255 
Plaintiff, C.M.A., by and through her undersigned counsel, hereby files her 
Conditional Notice of Intent to Exclusively Rely on Statutory Damages Provided by 18 
U.S.C. §2255, and in support thereof states as follows: 
1. 
This Is an action to recover money damages against Defendant, 
JEFFREY EPSTEIN, for acts of sexual abuse and prostitution committed upon the then-
minor, C.M.A. 
2. 
Plaintiff has plead thirty separate counts against EPSTEIN for separate 
incidences of abuse committed by EPSTEIN against Plaintiff pursuant to 18 U.S.C. 
§2255. 18 U.S.C. §2255, entitled "Civil remedy for personal injuries", creates a private 
right of action for minor children who were the victim of certain enumerated sex 
offenses. 18 U.S.C. §2255 also creates a statutory floor for the amount of damages a 
EFTA01070478

Case 9:08-cv-80119-KAfVI 
Document 207-3 
Entered on FLSD Docket 07/20/2009 
Page 2 of 4 
ease 9:08-cv-80811-KAM 
Document 113 
Entered on FLSD Docket 06/05/2009 
Page 2 of 4 
victim can recover for a violation of same. Plaintiff has also alleged a single count of 
Sexual Battery against EPSTEIN as well. 
3. 
There presently exists between the Plaintiff and EPSTEIN a disagreement 
as to whether the statutory damage floor established In 18 U.S.C. §2255 is recoverable 
for each commission of an enumerated sex offense listed In 18 U.S.C. §2255, or 
whether the statutory damage floor can only be enforced once, regardless of how many 
times a defendant perpetrates an enumerated sex offense against a minor victim. 
4. 
This disagreement between the parties is properly the subject of 
Defendant's Motion to Dismiss First Amended Complaint For Failure to State a Cause 
of Action, and Motion For More Definite Statement; Motion to Strike, and Supporting 
Memorandum of Law (D.E. 47) which is currently pending before this Court. 
5. 
In the event that the Court rules that the Plaintiff is entitled to recover the 
statutory damages created by 18 U.S.C. §2255 for each violationl, Plaintiff will be 
pursuing only those statutory damages, and will not pursue damages available at 
common law. 
6. 
Should the Court rule however, that the statutory damage floor can only 
be applied once, Plaintiff will be pursuing any and all damages available to her, whether 
they be pursuant to statute or by common law. 
1 The parties also disagree about the amount the statutory damage floor should be for this ease. 18 
U.S.C. §2266 was amended In 2006 to increase the floor from S50,000 to $160,000. The parties 
essentially disagree about which version of 18 U.S.C. §2265 should apply in this case. 
EFTA01070479

Case 9:08-cv-80119-KAM 
Document 207-3 
Entered on FLSD Docket 07/20/2009 
Page 3 of 4 
Case 9:08-cv-80811-KAM 
Document 113 
Entered on FLSD Docket 06/05/2009 
Page 3 of 4 
Respectfully submitted, 
is! lank P Hill 
JACK SCAROLA 
Florida Bar No. 169440 
JACK P. HILL 
Florida Bar No.: 0547808 
Searcy Denney Scarola Barnhart & Shipley, P.A. 
2139 Palm Beach Lakes Boulevard 
West Palm Beach. Florda 33409 
Phone: 
Fax: 
Attorneys for 
am iff, 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that on June 5th, 2009, I electronically filed the foregoing 
document with the Clerk of Court using CM/ECF. I also certify that the foregoing 
document is being served this day on all counsel of record identified on the attached 
counsel list via transmission of Notices of Electronic Filing generated by CM/ECF. 
/c/Jack P Hill 
JACK SCAROLA 
Florida Bar No. 169440 
JACK P. HILL 
Florida Bar No.: 0547808 
Searcy Denney Scarola Barnhart & Shipley, P.A. 
2139 Palm Beach Lakes Boulevard 
West Palm Beach. Florida 33409 
Phone: 
Fax: 
Attorneys for P a nt , 
EFTA01070480

Case 9:08-cv-80119-KAM 
Document 207-3 
Entered on FLSD Docket 07/20/2009 
Page 4 of 4 
Case 9:08-cv-60811-KAM 
Document 113 
Entered on FLSD Docket 06/05/2009 
Page 4 of 4 
••• 
COUNSEL LIST 
Jack A Gokiberger, Esquire 
Atterbury. Goldberger & Weiss. P.A. 
250 Australian Avenue S. 
West Palm Biliiiiii 
Phone: 
Bruce E. Reinhart, Esquire 
Bruce E. Reinhart, PA 
250 South Australian Avenue 
Suite 1400 
West Palm IS 
Phone: 
Fax: 
Robert CrItton, Esquire 
Burman Critton Luttler & Coleman LIP 
515 North Flagler Drive, Suite 400 
West Palm B 
Phone: 
Fax: 
Richard H. Willits, Esquire 
Richard H. Willits, P.A. 
2290 10th Avenue North 
Suite 404 
Lake Worth, FES 
Phone: 
Fax: 
EFTA01070481

_Case 9:08-cv-89119-KA!VI_ Document 207A 
Entered on FLSD Docket 07/20/2009 
Page 1 of 46 
Case 9:08-cv-80811-KAM 
Document 54 
Entered on FLSD Docket 04/02/2009; 
Page 1 of 18 
UNITED STATES DISTRICT COURT 
ROI ITHFRN DISTRICT QF FLORIDA 
CASE NO.: 08-cIV-80811-1VIARRA/JOHNSON 
C.M. A., 
Plaintiff, 
v. 
Sr
EPSTEIN and
Defendants, 
DEFENDANT EPSTEIN'S MOTION TO COMPEL PLAINTIFF C.M.A. TO RESPOND TO 
DEFENDANT'S FIRST REQUEST TO PRODUCE AND 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, C.M.A. to respond to Defendant's 
First Request To Produce and to answer Defendant's First Set of Interrogatories, and to 
overrule her objections asserted In Plaintiffs Response To Defendant's First Request 
To Produce, dated February 13, 2009, and in Plaintiffs Notice of Serving Answers To 
Interrogatories, dated February 18, 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: 
Prior to the filing of this motion, on April 1, 2009, Defendant's counsel 
communicated by telephone with Plaintiff's counsel in a good faith effort to resolve the 
discovery Issues herein. This motion addresses those discovery items which remain at 
EFTA01070482

Case 9:08-cv:P0119-M.M 
DoqPIYIVIt 2.67-4 
Entered. on_a$1).0. opflt.07/20/200.2. Page_ 2 DfA6 
Case 9:08-cv-80811-KAM 
Document 54 
Entered on FLSD Docket 04/02/2009' 
Page 2 of 18 
C.M.A. V. Epstein, of al. 
Page 2 
issue. 
Also, rather than file 2 separate motions to compel, Defendant 'filed one 
addressing the production requests and Interrogatories because the discovery Issues 
overlap. 
PAotIon To Compel Responses to Production Requests Nos. 1, 2, 4, 5, and 19, 
and Answers to Interrogatories Nos. 2, 18, and 23. 
Production Request No. 1 
1. 
Individual and/or joint income tax returns and supporting documentation 
including W-2 and 1099 forms for 2002-2007 and, as well as all records or 
documentation relative to the Plaintiffs earnings for the current year. 
Response: 
Objection. Irrelevant, immaterial and not reasonably calculated to lead to the discovery 
of admissible Information, 
Legal Argument Supporting Entitlement to Discovery 
Plaintiff's tax returns and supporting documentation are relevant to Plaintiffs 
damages claims and, thus, discoverable. Plaintiffs complaint alleges I ri part that 
"beginning in approximately late May or early June of 2002, and continuing until 
approximately August of 2003, the Defendant coerced and enticed the impressionable, 
vulnerable, and economically deprived then minor Plaintiff to commit various acts of 
sexual misconduct." 
1`t Am. Complaint, ¶13. 
(Plaintiff also refused to answer 
Interrogatory no. 2 which sought her employment history for the past ten years asserting 
the same general objection). 
Such information Is both relevant and reasonably calculated to lead to the 
discovery of admissible evidence. 
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.; 
EFTA01070483

_Cage 9'08=CM.-.8.011.9.-.KAM.......Document.20.7.74....._. Entered on FLSD Dockel_07/2.0/200.9___J?ageadA6_.... 
Case 9:08-cv-80811-KAM 
Document 54 
Entered on FLSD Docket 04/02/2009 
Page 3 of 18 
C.M.A. v. Epstein, et al. 
Page 3 
Donahav v. Palm Beach Tours & trans., Inc., 242 F.R.D. 685 (S.D. Fla. 2007). 
Discoverability of such information Is governed by Rule 26, Fed.R.Civ.P., pursuant to 
which the scope of discovery is broad. Donahav, 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. 
Plaintiffs tax returns, along with the requested supporting documentation, for the 
six year period, and documents relevant to her current earnings, are relevant to 
Plaintiffs damages claims detailed below herein. 
Such information would show 
Plaintiffs employment and earning history, as well as provide evidence as to how 
Plaintiff has been able to function in her daily life before, during and after the alleged 
incidents. Was she self-sufficient? Was she able to get out of bed each morning and 
support herself? What type of Job did she hold? One's ability to earn a living and be 
self-supporting 
has 
not 
only 
a 
financial 
component, 
but 
also 
an 
emotionalipsychologicaUmental component. 
C.M.A.'s First Amended Complaint.' attempts to allege 32 counts. Counts I 
through >0O( are purportedly brought pursuant to 18 U.S.C. §2255 - Civil Remedies for 
Personal Injuries; Count XXXI is entitled "Sexual Battery," and Count XXXII. is entitled 
"Conspiracy to Commit Tedious Assault only against Defendant, 
Kellen." 
In her answers to interrogatory nos. 9 and 10, which seek Information about 
C.M.A.'s damages claims, Plaintiff answered that: 
Defendant's Motion To Dismiss directed to Plaintiff's First Amended Complaint Is pending. 
EFTA01070484

Case 9:05-cv-80119-KAM 
Document 207-4 
Entered on F LSD Docket 97/20/2009 
Page 4 of 46 
Case 9:08-cv-80811-KAM 
Document 54 
Entered on FLSD Docket 04/02/2009 
Page 4 of 18 
C.M.A. v. Epstein, et al. 
Page 4 
I have bi-polar disorder and manic depression. I lost my self-esteem. I began 
cutting myself on my arms and legs and developed drug problems. Permanent 
injuries are psychological. (Interrog. No. 9). 
I am claiming compensation for mental anguish, mental pain, psychic trauma, 
and loss of enjoyment of life. These damages will be evaluated by a jury who 
will provide their own methods of computation In an amount of at least the 
statutory minimum established by 18 U.S.C.A. §2255. (Interrog. No. 10). 
In her 181 Amended Complaint, relevant to her damages claims, Plaintiff alleges: 
C.MA., has in the past suffered, and will in the future suffer, physical injury, 
pain and suffering, emotional distress, psychological trauma, mental anguish, 
humiliation, embarrassment, loss of self-esteem, loss of dignity, invasion of her 
privacy and other damages ... . The then minor Plaintiff incurred medical and 
psychological expenses ... and will in the future suffer additional medical and 
psychological expenses. The Plaintiff C.M.A. has suffered loss of income, a 
loss of the capacity to earn income in the future, and a loss of capacity td enjoy 
life. These Injuries are permanent In nature and the Plaintiff, C.M.A., will 
continue to suffer these losses in the future. 
(1st Am. Complaint, Counts I — )00( (18 
§2255), lill25,
 43, 49, 55, 
61, 67, 73, 79, 85, 91, 97, 103, 109, 115, 121, 127, 133, 139, 145, 151, 167, 
163, 169, 175, 181, 187, 193; Count )000 (Sexual Battery), ¶199.) 
In each of her 'Wherefore" clauses, Plaintiff seeks "compensatory damages of at 
least the minimum provided by law.° 18 U.S.C. §2255, pursuant to which Plaintiff 
attempts to bring certain of her claims, allows for recovery of °actual damages." See fn. 
2 herein for applicable statutory text.2
As discussed above, the tax returns, and supporting documentation, will provide 
direct evidence as to Plaintiffs claimed damages. Such Information does not only go to 
(a) 
2 Any minor who is a victim of a violation of section 2241(c), 2242, 2243, 2251, 
2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury 
as a result of such violation may sue In any appropriate United States District Court and 
shall recover the actual damages such minor sustains and the cost of the suit, including 
a reasonable attorneys fee. Any minor as described In the preceding sentence shall be 
deemed to have sustained damages of no less than $50,000 in value. (Emphasis added.] 
EFTA01070485

Case 9.:0p7oy-80119-KAM 
Document 207-4 
Entered on FLSD Docket 07/20/2009 
Page.5 
Case 9:08-cv-80811-KAM 
Document 54 
Entered on FLSD Docket 04/02/2009 
Page 5 of 18 
C.M.A. v. Epstein, et al. 
Page 5 
compensatory or actual damages or loss of Income/toss of capacity to earn income type 
damages, but also her emotIonaUpsychological/mental health type damages. In the 
telephone communication between counsel for the respective parties, Plaintiffs counsel 
indicated that Plaintiff was not seeking loss of Income/earning capacity type damages; 
(Defendant is not aware that there has been any formal withdrawal of such; damages 
claimed); notwithstanding, the Information sought Is still relevant and discoverable 
based on the additional damages claimed by Plaintiff. The time period will allow 
Defendant to compare how Plaintiff was doing In her life prior to, during, and after the 
alleged incident. Again, the type of jobs Plaintiff has been able to hold and her earnings 
and ability to support herself clearly have not only a financial component, but an 
emotional/psychological/mental health component as well. 
Accordingly,' Plaintiffs 
objection is required to be overruled, and Defendant is entitled to the documents 
requested. 
Production Request No. 2 
2. 
All bills/expenses from any medical doctor, chiropractor, psychologists, 
psychiatrists, mental health counselors (Including any members of the healing arts and 
related fields, i.e. drugs, prescriptions, etc.) you claim you incurred as a result of the 
Injuries which are or may be the subject matter of this lawsuit 
Response: 
None In our possession. These will be provided upon receipt. Discovery Is ongoing. 
Legal Argument Supporting Entitlement to Discovery 
Plaintiff makes no objection to the documents requested, but has failed to 
produce any documents responsive to this request. Clearly, the documents are relevant 
and discoverable as they go to proof of Plaintiff's claimed injuries. In the April 1, 2009, 
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telephone communication Plaintiffs counsel indicated that Plaintiff was still not in 
possession of such documents. 
The First Request for Production was served on 
Plaintiff on January 16, 2009. In her answer to Interrogatory no. 11, (Notice of Serving 
Answers, dated February 18, 2009, identifies a psychiatrist and a counselor/therapist 
from whom she claims she Is receiving "treatment or examination for the injuries for 
which [she] seeks damages." See Exhibit A hereto for copy C.M.A.'s answer to 
interrogatory no. 11. Regarding the date of treatment from the psychiatrist - she 
asserts "I would defer to the Doctor's records." She claims the treatment from the 
counselor/therapist has been "since high school' and "ongoing." Defendant is entitled to 
the documents sought and Plaintiff is in control of and has the ability to obtain the 
requested medical bills and expenses she claims were incurred as result of her Injuries 
claimed in this action. Plaintiff should be required to immediately produce the requested 
documents to Defendant. 
Production Request No. 4 
4. 
All reports, evaluations, recommendations and/or analysis submitted by 
any expert which relate to or cover the Incident which Is the subject matter of this 
lawsuit and/or any injuries, damages or losses you allege were caused by the incident. 
Response: 
Any reports generated by any retained experts not yet disclosed are protected by the 
work product privilege. Notwithstanding same, none. 
Legal Argument Supporting Entitlement to Discovery 
Plaintiff, through counsel, in the April 1, 2009, telephone communication, 
Indicated that she does not have any responsive documents and stands by her 
objection. Rule 26 provides In relevant part — 
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2) Disclosure of Expert Testimony. 
(A) In General. In addition to the disclosures required by Rule 26(a)(1), a party must 
disclose to the other parties the Identity of any witness It may use at Marto present 
evidence under Federal Rule of Evidence 702, 703, or 705. 
(B) Written Report. Unless otherwise stipulated or ordered by the', court, this 
disclosure must be accompanied by a written report—prepared and signed by the witness—if 
the witness is one retained or specially employed to provide expert testimony in the 
case or one whose duties as the party's employee regularly Involve giving expert testimony. 
The report must contain: 
(i) a complete statement of all opinions the witness will express and the basis and 
reasons for them; 
(II) the data or other information considered by the witness in forming them; 
(ill) any exhibits that will be used to summarize or support them; 
: 
(iv) the witness's qualifications, Including a list of all publications authored in the 
previous 10 years; 
(v) a list of all other cases In which, during the previous four years, the witness 
testified as an expert at trial or by deposition; and 
(vi) a statement of the compensation to be paid for the study and testimony In the 
case. 
(C) Time to Disclose Expert Testimony. A party must make these discloiures at the 
times and In the sequence that the court orders. Absent a stipulation or a court order, the 
disclosures must be made: 
(I) at least 90 days before the date set for trial or for the case to be ready for trial; or 
(II) if the evidence Is Intended solely to contradict or rebut evidence on the same 
subject matter identified by another party under Rule 26(a)(2XB), within 30 days after the 
other party's disclosure. 
i 
♦ 
(a) Supplementing Disclosures and Responses. 
(1) in General. A party who has made a disclosure under Rule 2S(a)-7or who has 
responded to an interrogatory, request for production, or request for admission—must 
supplement or correct its disclosure or response: 
(A) in a timely manner if the party learns that In some material respect the 
disclosure or response is incomplete or incorrect, and If the additional or corrective 
♦ 
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Information has not otherwise been made known to the other parties ,during the 
y pioufss vi in WIitiny, v 
(B) as ordered by the court. 
(2) Expert Witness. For an expert whose report must be disclosed -under Rule 
26(a)(2)(B), the party's duty to supplement extends both to information lhcluded In 
the report and to information given during the expert's deposition. Any additions or 
changes to this Information must be disclosed by the time the party's pretrial 'disdosures 
under Rule 26(a)(3) are due. 
Accordingly, Defendant requests that should Plaintiff be in possession of any 
such reports, evaluations, recommendations and/or analysis prepared by an expert 
expected to testify at trial or deposition, or to be used by an expert expected to testify at 
trial or deposition, that such documents be produced as required by Rule 26, 
Fed.R.Civ.P. quoted above. 
Production Request No. 5 
5. 
All medical reports and/or records from doctors, physicians, (including 
psychologists, psychiatrists, mental health counselors), hospitals, drug or alcohol 
facilities or any other person or entity who has rendered treatment to or examined you 
for any reason after the incident(s) which Is the subject matter of this lawsuit. 
Response: 
None in our possession. Discovery is ongoing. 
Legal Argument Supporting Entitlement to Discovery 
Once again, Plaintiff should be required to immediately produce the requested 
documents. In support of ordering Immediate production, Defendant rea)leges and 
incorporates his "Legal Argument Supporting Entitlement To Discovery" to request no. 5 
above herein. 
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Interrogatory No. 2 
2. 
List the names, business addresses, telephone and cell phone numbers, 
dates of employment, immediate supervisor (name and address) and rates of pay 
regarding all employers, including self-employment, for whom you have worked in the 
past 10 years; this Includes listing all sources of income you have received. Answer this 
question by year, i.e. 1998 — 2009. 
Answer: 
Objection. Irrelevant, Immaterial and not reasonably calculated to lead to discovery of 
admissible evidence. 
Argument Supporting Entitlement to Discovery 
Such Information Is clearly relevant to the damages and injuries claimed by 
Plaintiff in this action. 
Plaintiff's complaint alleges In part that "beginning in 
approximately late May or early June of 2002, and continuing until approximately 
August of 2003, the Defendant coerced and enticed the impressionable, vulnerable, and 
economically deprived then minor Plaintiff to commit various acts of sexual misconduct." 
1° Am. Complaint, ¶13. (See discussion of Production Request no. 1 above herein). 
Such Information Is both relevant and reasonably calculated to lead to the 
discovery of admissible evidence. 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.; 
Donahav v. Palm Beach Tours & trans., Inc. 242 F.R.D. 665 (S.D. Fla. 2007). 
DIscoverabillty 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. 
EFTA01070490