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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 08-CV-80I I 9-MARRA/JOHNSON 
JANE DOE NO. 2, 
Plaintiff, 
vs. 
JEFFREY EPSTEIN, 
Defendant. 
REPLY MEMORANDUM IN SUPPORT OF MOTION TO COMPEL 
ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS 
Plaintiff, by and through undersigned counsel, files this Reply Memorandum in Support of 
Motion to Compel Answers to Interrogatories and Production of Documents, as follows: 
I. 
Introduction 
Defendant relies upon generalization s regarding the nature of the case and the allegations in 
the pleadings in justifying his assertion of the Fifth Amendment privilege in response to each and 
every interrogatory and document request propounded by Plaintiffs. This blanket assertion of the 
privilege is insufficient to deny Plaintiffs all discovery in these cases. Defendant otherwise fails to 
set forth any basis for denying Plaintiffs any and all answers to its written discovery under the 
psychotherapist-patient privilege, the Federal Rules of Evidence, on grounds of relevance, third 
party privacy rights, or other grounds. Accordingly, Plaintiffs respectfully request an Order 
compelling answers to interrogatories and production of documents. 
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II. 
Argument in Reply 
A. 
Defendant Has Made a Blanket 
Assertion of the Privilege Against 
Self-Incrimination That Is Insufficient 
1. 
Defendant Cannot Rely on its Blanket Objections 
to Interrogatories on Fifth Amendment Grounds 
Defendant Epstein insists that he has not asserted a "blanket privilege" to discovery under the 
Fifth Amendment, even though he has repeated the identical objection to each of Plaintiff's 
discovery request on this ground. The federal courts have noted that "[t]he term `blanket assertion' 
is not limited to the situation where the defendant makes a single response to numerous questions." 
United States'. Buaiz 2008 WL 5050102 (E.D. Tenn. 2008). Rather, as here, where the defendant 
refuses to answer on fifth amendment grounds each and every question, such repeated assertions are 
fairly characterized as a "blanket assertion". Id.; Capitol Products Corp. 
Herron, 457 F.2d 541 
(8th Cir. 1972). 
Accordingly, it is not sufficient to support the invocation of the Fifth Amendment with 
nothing more than sweeping generalizations applicable to all questions that were asked in discovery. 
See United States'. Pierce, 561 F.2d 735 (9th Cir. 1977), cert. denied, 435 U.S. 923 (1978) ("a 
blanket refusal to answer any question is unacceptable"). 
Defendant Epstein's Response does not set forth reasonable cause for a concern of self-
incrimination in response to specific interrogatories. It is particularly deficient with regard to 
interrogatory, nos. 1-2 (identity of employees who worked or came to Palm Beach residence), no. 7 
(Defendant's presence in Florida), no. 8 (identity of health care providers), no. 9 (persons providing 
transport services), no. 11 (Epstein's telephone numbers) and no. 12 (employees' telephone 
numbers). Epstein's references to allegations of sexual abuse, exploitation and battery in the 
Complaints in this and other civil actions against him, along with the alleged plan and scheme of 
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recruiting girls to come to Epstein's Palm Beach mansion to give him "massages", fall well short of 
demonstrating that any interrogatory asked of Epstein that is relevant and within the broad scope of 
Fed.R.Civ.P. 26(b)(1) would realistically and necessarily furnish a link in the chain of evidence 
needed to prove a crime against him. 
Epstein alternatively points out that there is a "narrow exception" which allows a blanket 
assertion of the privilege where the trial court determines it to be legitimate based on the court's 
knowledge of the case and the expected testimony. United States,. Goodwin 625 F.2d 693, 701 
(5th Cir. 1980); United States'. Tsui, 646 F.2d 365 (9th Cir. 1981). This is not a case, however, 
where this narrow exception should apply. In Tsui, the Court allowed a blanket assertion of the 
privilege only because it was clear that the witness would only be questioned about the real estate 
transactions that were at the heart of his criminal liability concerns, and the proponent of the 
testimony argued only that the witness did not have a reasonable fear of prosecution. Id. at 368. 
Such unusual circumstances are not present in the instant cases. Because a blanket assertion of the 
Fifth Amendment privilege is not legitimate in these cases, the Court must make a "particularized 
inquiry", and "only as to genuinely threatening questions should [the witness's] silence be 
sustained." Goodwin, 625 F.2d at 701 (quoting United States'. Melchor Moreno, 536 F.2d 1042, 
1049 (5th Cir. 1976)). 
Defendant further asserts that Plaintiff's interrogatories requesting that he identify employees 
may lead to evidence tending to incriminate him because one of his employees, Sarah Kellen, is 
identified in the Complaint. (Defendant Memorandum (DE 56), p. 18). This does not, however, 
support a blanket refusal to answer on Fifth Amendment grounds. It does not demonstrate how 
answers to these interrogatories, seeking the identities of all employees who were assigned or came 
to the Palm Beach residence, could realistically furnish a link in the chain of evidence needed to 
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prosecute Epstein. 
Similarly, the allegations of the Complaints alone do not reveal the danger of self-
incrimination from answers to interrogatories seeking information on when Epstein was in the State 
of Florida, who provided transportation services to Epstein, his telephone numbers, his employees' 
telephone numbers, and his health care providers.' Discovery requests that seek background 
information or information on events and experiences of the witness for which he cannot realistically 
or genuinely be expected to be charged with a crime are not subject to Fifth Amendment protection. 
See Krause'. Rhodes, 390 F.Supp 1070, 1071-72 (N.D. Ohio 1974) (allowing questions to be asked 
regarding personal backgrounds and experiences excluding the event at issue in the pending criminal 
indictment). 
2. 
Defendant Has Not Demonstrated That the Act of 
Producing Documents in Response to Specific Requests 
Would be Sufficiently Testimonial and Incriminating 
Defendant Epstein makes a general assertion that a response to any of Plaintiff's document 
requests would entail testimonial self-incrimination. (Defendant's Response (DE 56), pp. 22-23). 
Whether the act of producing a particular document would be sufficiently testimonial and 
incriminatory to support the Fifth Amendment privilege against self-incrimination is a "fact 
dependent inquiry." United States'. Wujkowski, 929 F.2d 981, 985 (4th Cir. 1991). It is the burden 
of the party asserting the privilege to "explain how the act of producing documents would pose a real 
danger of incrimination." Bear Stems & Co. l. Wyler, 182 F.Supp. 2d 679, 681 (N.D. Ill. 2002). 
Defendant's reliance on United States I. Hubbell 530 U.S. 27 (2000), is inadequate. In 
Hubbell it was apparent from the breadth of the description of documents demanded in the 
government's subpoena that "the prosecutor needed respondent's assistance both to identify 
' See Interrogatory nos. 7, 8, 10, 11, 12. 
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potential sources of information and to produce those sources." Id. at 41. In Bear Stems the Court 
explained that the facts of Hubbell were unique and do not support a blanket, all-encompassing 
assertion by a witness or party that the production of documents would be testimonial and 
incriminating: 
To begin with, in Hubei!, the incriminatory nature of the production 
of the document sought was obvious. The respondent was already 
incarcerated as a result of one investigation and he was the target of a 
second. Indeed, the second investigation was directed at whether the 
respondent was in compliance with a plea agreement-resulting from 
the first investigation-requiring him to produce information relating 
to the Whitewater investigation. If the respondent had produced such 
information in response to the subpoena, it would have constituted 
testimony that he had Whitewater information that he had not 
provided-it would be an admission that he failed to comply with the 
plea agreement. Accordingly, it was the testimonial aspect of the 
production that concerned the Court in Hubbell, 530 U.S. at 36-44 
120 S.Ct. at 2043-48. 
At the appellate court level, the court 
specifically found that respondent's acknowledgment of the existence 
of certain records sought in the government's subpoena would be 
directly incriminating. Hubbell, 167 F.3d at 582. 
Id. at 683. 
As noted by the Court in Bear Sterns, a determination that the production of documents 
would be testimonial cannot be premised on the witness's say so: 
A witness is not exonerated from answering merely because he 
declares that in so doing he would incriminate himself; his assertion 
does not of itself establish the hazard of incrimination. 
Id. at 684. In Bear Stems, the Court found that the defendant failed to meet his burden in asserting 
the privilege against self-incrimination in response to a request for production that included wire 
transfer records, telephone records, bank records, and records pertaining to specific investment 
firms. Id. Plaintiffs seek in their document requests, among other things, telephone records, travel 
records, correspondence and communications, and personal calendars and diaries. The act of 
producing such records is not a crime. See id. ("[a]s the plaintiff notes, it is not a crime to make a 
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wire transfer, use the phone, or possess corporate records"). Defendant Epstein has failed to meet 
his burden of demonstrating that the document requests made by Plaintiffs in these cases would pose 
a real danger of incrimination. As in Bear Stems the Plaintiff's Motion to Compel Production of 
Documents should accordingly be granted. Id. 
B. 
Defendant Epstein Fails to Demonstrate Why His 
Invocation of the Fifth Amendment Would Not 
Warrant an Adverse Interest In These Civil Cases 
Defendant Epstein does not dispute the general rule that an adverse inference may be drawn 
in a civil case from a defendant's refusal to testify or respond to discovery by invoking the privilege 
against self incrimination. Baxter 
Palmigiano 425 U.S. 308, 318-20 (1976). He instead asserts 
that there is a "recognized exception" that applies in a case where the adverse inference is the sole 
basis for the plaintiff's prima facie case or will cause the automatic eau), of summary judgment. 
(Defendant's Response, (DE 56), pp. 14-15); Federal Trade Comm'n t Transnet Wireless Corp., 
506 F.Supp. 2d 1247, 1252 n. 4 (S.D. Fla. 2007). This exception plainly would not apply here. 
There are witnesses other than Defendant to the acts and conduct alleged in these cases, including 
Plaintiffs and other victims. See Transnet Wireless, 506 F.Supp. 2d at 1252 n. 4 (holding that the 
Court "will draw adverse inferences where appropriate" in reviewing a motion for summary 
judgment, "in light of the myriad evidence presented by plaintiff'). 
In any event, it would be premature at this stage of the case for the Court to foreclose the use 
of an adverse inference from the Defendant's invocation of the privilege against self-incrimination. 
This issue would arise either in a motion for summary judgment or a motion in limine. Accordingly, 
based on the foregoing, Defendant's self-serving assertion in his discovery responses concerning the 
drawing of an adverse inference is improper, and should be rejected and stricken. 
C. Plaintiff Is Entitled to Discovery of Health Care 
Information Requested In Interrogatory No. 8 
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Defendant Epstein argues that Plaintiff's Interrogatory no. 8 is overbroad because it seeks 
information over a ten year period. As to Defendant Epstein's psychological condition, particularly 
any problem of a sexual nature, ten years is more than reasonable. Any psychosexual condition has 
likely existed for most or all of Defendant Epstein's adult life. 
Defendant Epstein next asserts Florida's psychotherapist-patient privilege under Florida 
Statute §90.503(2). As set forth in Plaintiff's Motion, the allegations of child sexual abuse in this 
case bring into play the exception to the psychotherapist-patient privilege of Florida Statute §39.204. 
Defendant asserts that this Court is required to hold an in camera inspection of documents to 
determine, as to each document, whether Florida Statute §39.204 is applicable. See Doherty I. John 
Doe No. 22, 957 So.2d 1267 (Fla. 4th DCA 2007). Plaintiff agrees that such an in camera 
inspection would be appropriate to evaluate whether the documents relate to allegations of child 
sexual abuse. In this regard, any notes or records relating to Epstein's sexual interests or tendencies 
produced in an in camera inspection would be relevant and should be turned over to Plaintiff as 
falling within the exception of §39.204. 
D. 
Third Party Privacy Rights Are 
Not a Basis to Deny Discovery 
The right to privacy discussed in Eisenstadt t. Baird, 405 U.S. 438, 454 (1972), has nothing 
to do with the discovery issues in this case. Eisenstadt concerns the distribution of a contraceptive 
device. Yet Defendant relies entirely on Eisenstadt in contending that third party privacy rights 
provide a basis for Defendant to object to discovery in this case. The vague argument and 
unsupported assertion raised by Defendant in this case, "that the privacy rights of third parties are 
implicated", is frivolous and must be rejected. 
E. 
Plaintiff Is Entitled In Discovery to Documents 
Relating to Plea Agreements and Criminal Proceedings 
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Defendant asserts that Plaintiff should not be entitled to receive any documents responsive to 
her Request nos. 1-4 for the sole reason that these documents would not themselves be admissible 
under Fed.R.Evid. 408 and 410. It is well established that broad discovery under Fed.R.Civ.P. 26 
should not, without more, be limited on the basis of admissibility at trial. See Fed.R.Civ.P. 26 (1946 
Advisory Committee Note). (Rule 26(b) "may cover not only evidence for use at the trial but also 
inquiry into matters in themselves inadmissible as evidence but which will lead to the discovery of 
such evidence. The purpose of discovery is to allow a broad search for facts, the names of 
witnesses, or any other matters which may aid a party in the preparation or presentation of his 
case"). Accordingly, the fact alone that plea agreements and related documents may not be 
admissible at trial is not a basis to deny their production in discovery.2 In Cupac. Inc.'. Mid-West 
Agency. Inc. 100 F.R.D. 440 (S.D. Ohio 1983), the Court held on these grounds that a party could 
obtain discovery relating to a criminal plea, including the answers to questions asked by the 
prosecutor, even though this information would be inadmissible under Fed.R.Evid. 410. Any 
concerns regarding the disclosure of documents responsive to request nos. 1-4 could be addressed in 
an appropriate protective order. Plaintiffs and their counsel, however, should have these documents 
in discovery. 
F. 
An In Camera Hearing May Be Appropriate To Determine 
Whether Defendant Properly Claims Privilege In 
Response To Interrogatories And Document Requests 
Given the fact intensive nature of the inquiry into whether a defendant has met his burden in 
asserting a privilege against self-incrimination, some courts have conducted in camera, ex pane 
hearings to determine whether assertions of the privilege are valid in each instance. See United 
'Plaintiff further notes that her document request no. 4 seeks documents obtained in discovery and 
investigation of the criminal cases, not documents pertaining to the plea agreement. Accordingly, 
Rules 408 and 410 could not serve as a basis to object to these requests. 
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States 
Duncan, 704 F.Supp 820 (N.D. III. 1989); see also United States'. Wujkowski 929 F.2d 
981, 986 (4th Cir. 1991) ("rwie hold only that the district court must undertake a more careful 
examination of the documents in question and provide a basis for its findings"). To the extent that 
this Court is in doubt as to whether to uphold the Defendant's privilege claim as to any particular 
document request or interrogatory, then an in camera hearing would be appropriate. 
III. 
Conclusion 
Based on the foregoing, and for the reasons stated in Plaintiffs' Motion to Compel Answers 
to Interrogatories and Request for Production of Documents and Incorporated Memorandum of Law, 
Plaintiff requests that Defendant Epstein be ordered to answer interrogatories and produce 
responsive documents. 
Dated: April 20, 2009 
Respectfully submitted, 
By: 
s/ Stuart S. Mermelstein 
Stuart S. Mermelstein (FL Bar No. 947245) 
ssm@sexabuseattorney.com 
Adam D. Horowitz (FL Bar No. 376980) 
ahorowitz@sexabuseattorney.com 
MERMELSTEIN & HOROWITZ, P.A. 
Attorneys for Plaintiff 
18205 Biscayne Blvd., Suite 2218 
Miami, Florida 33160 
Tel: 305-931-2200 
Fax: 305-931-0877 
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CERTIFICATE OF SERVICE 
I hereby certify that on April 20 2009, 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/ Stuart S. Mermelstein 
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SERVICE LIST 
DOE vs. JEFFREY EPSTEIN 
United States District Court, Southern District of Florida 
Jack Alan Goldberger, Esq. 
jgoldberger@agwpa.com 
Robert D. Critton, Esq. 
rcritton@bciclaw.com 
s/ Stuart S. Mermelstein 
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