Plainta
v.
DARREN K. INDYKE and RICHARD D. KAHN
in their capacities as the executors of the ESTATE
OF
JEFFREY
EDWARD
EPSTEIN,
and
Defendants.
Case No. 1:19-cv-10475-LGS-DCF
PLAINTIFF
DEFENDANTS DARREN K. INDYKE AND RICHARD D. KAHN'S
Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and subject to the
following instructions and definitions, Plaintiff
by and through her undersigned
counsel, submit these Responses and Objections to Defendants' First Set of Interrogatories (the
"Interrogatories") served on March 10, 2020.
DEFINmONS
The following definitions are used herein:
1.
"Duplicative" means that the Interrogatory seeks the same information in another
Interrogatory.
2.
"Overly broad" means that the Interrogatory seeks information that is not relevant
to the issues involved in the pending action and is not proportional to the needs of the case.
3.
"Unduly burdensome" means that a complete and sufficient response cannot be
provided without undertaking an unreasonably complex or onerous investigation or incurring the
expenditure of unreasonable time or expense.
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4.
"Vague" means ambiguous or not specified with reasonable particularity.
Plaintiff asserts the following General Objections to the Interrogatories, each of
which is incorporated into the Specific Objections and Responses set forth below. No response to
any Interrogatory is, or shall be deemed to be, a waiver of Plaintiff's General Objections.
1.
Plaintiff's objections and responses to the Interrogatories are made without waiving
Plaintiff's right to object on any ground at any time to other discovery requests or other discovery
procedures involving or relating to the subject matter of the Interrogatories or these responses.
2.
Plaintiff objects to the Interrogatories to the extent they purport to impose
requirements or obligations in addition to or different from those imposed by the Federal Rules of
Civil Procedure, the Local Rules of the Southern District of New York, or Judge Schofield's or
Judge Freeman's Individual Rules and Practices.
3.
Any objection to any of the Interrogatories is not an admission that Plaintiff has
any information or documents responsive to a particular Interrogatory.
4.
Plaintiff objects to the Interrogatories, and to each Definition and specific
Interrogatory contained therein, insofar as they seek information and documents not in Plaintiff's
possession, custody, or control. In responding to the Interrogatories, Plaintiff will not attempt to
provide information or documents that are unavailable or outside of Plaintiff's possession, custody
or control. Plaintiff also objects to the extent the Interrogatories seek information or documents,
which by reason of public filing, prior production, or otherwise, are already in Defendants'
possession or are readily accessible to Defendants.
5.
Plaintiff objects to the Interrogatories to the extent they seek information that
Defendants can obtain from sources that are more convenient, less burdensome, or less expensive.
6.
Plaintiff objects to the Interrogatories, including the Definitions and Instructions,
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to the extent they are vague, ambiguous, irrelevant, overly broad, and/or unduly burdensome,
including to the extent they seek "all" information concerning the subject matter referenced
therein.
7.
Plaintiff further objects to the Interrogatories, including the Instructions contained
therein, to the extent that the burden of deriving an answer from other sources of discovery will be
substantially the same for Defendants as it is for Plaintiff.
8.
To the extent the Interrogatories call for the production of information or
documents that are protected from disclosure by the attorney-client privilege, physician-patient
privilege, the attorney work product protection, a joint defense or common-interest privilege,
and/or doctrine or any other applicable privilege, immunity or exemption, including materials
prepared in anticipation of litigation, no such privileged or protected information will be disclosed
in response to these Interrogatories. Any inadvertent production or disclosure of a document that
is properly the subject of a claim of privilege or protection shall not be deemed a waiver, in whole
or in part, of any privilege or protection. Any document subject to a privilege or other protection,
if inadvertently produced, shall be returned by Defendants immediately upon the request of
Plaintiff. Any information derived from any inadvertently produced document subject to a proper
claim of privilege or other protection shall not be used by Defendants in any manner.
9.
Plaintiff objects to producing information or documents that she is prohibited from
disclosing by contract, order, statute, rule, regulation, or law, including but not limited to any
applicable data privacy laws.
10.
Plaintiff further objects to the Interrogatories, including the Instructions contained
therein, to the extent that they are unreasonably cumulative, duplicative or redundant of one
another or any other discovery request propounded by Defendants in this Action.
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11.
Plaintiff further objects to the Interrogatories, including the Instructions contained
therein, to the extent that they are vague and ambiguous, overly broad, unduly burdensome, lacking
in particularity or unreasonable, or otherwise seek the discovery of information that is neither
relevant to the claims or defenses of any party to this Action nor reasonably calculated to lead to
the discovery of admissible evidence
12.
Plaintiff objects to the Interrogatories, including the Definitions and Instructions,
to the extent they contain unwarranted factual or legal conclusions, allegations, or claims. A
response by Plaintiff that she will produce information in response to any Interrogatory is not an
admission or representation that any factual or legal conclusions, allegations, or claims in any such
Interrogatory or in the Definitions or Instructions are warranted, true or accurate. In responding
to the Interrogatories, Plaintiff does not waive or intend to waive, but rather reserves, the right to
object on all appropriate grounds to the introduction of any evidence covered or referred to in these
Interrogatories.
13.
Plaintiff objects to the Definitions to the extent they purport to impose obligations
beyond those permitted by the Federal Rules of Civil Procedure, the Local Rules of the Southern
District of New York, or Judge Schofield's or Judge Freeman's Individual Rules and Practices.
14.
Plaintiff's responses are based solely on facts reasonably known to Plaintiff at the
time of responding to these Interrogatories. Plaintiff reserves the right to supplement, amend, or
otherwise modify these responses.
15.
For any Interrogatory to which Plaintiff objects on grounds of vagueness, Plaintiff
will read, object, and/or respond to the Interrogatory according to her own good faith interpretation
of the Interrogatory, to the extent possible.
16.
In responding to these Interrogatories, Plaintiff does not waive or intend to waive,
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but rather expressly reserves, the right to object on all appropriate grounds to the introduction of
any evidence covered or referred to in the specific responses below. Plaintiff's responses are not
intended to constitute an admission that any matters inquired into or any responses provided are in
any way relevant to any issue or admissible in this litigation.
17.
Plaintiff's failure to object to any Interrogatory on a particular ground or grounds
shall not be construed as a waiver of her rights to object on any additional grounds. Plaintiff
reserves the right to revise, amend, supplement, correct, clarify, or add to these responses and
objections. Plaintiff also reserves the right to use or rely on, at any time, subsequently discovered
information or information omitted from these responses and objections as a result of mistake,
error, oversight, or inadvertence.
INTERROGATORY NO. 1:
Identify all persons with knowledge of information concerning the subject matter of this
litigation, and the subject matter of their knowledge.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if set forth fully herein.
Subject to and without waiver of the foregoing General Objections, Plaintiff provided information
responsive to this Interrogatory in her Rule 26 Disclosures, dated January 23, 2020.
INTERROGATORY NO. 2:
Identify and describe the computation of each category of damages for which you seek
recovery in this litigation.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if set forth fully herein.
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Subject to and without waiver of the foregoing General Objections, Plaintiff is in the process of
obtaining expert analysis on the issue of damages and will produce information responsive to this
Interrogatory at a later date.
INTERROGATORY NO. 3:
Identify the existence, custodian and location of, and generally describe, all documents and
communications concerning the subject matter of this litigation.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if set forth fully herein.
Plaintiff specifically objects to this Interrogatory as overly broad and unduly burdensome.
Specifically, the burden of identifying or producing responsive information outweighs any
marginal relevance the information might have. The Interrogatory is unduly burdensome as it does
not qualify or otherwise define "subject matter of this litigation" or provide any applicable time
period, and a complete response as to "all documents and communications concerning the subject
matter of this litigation" cannot be undertaken without incurring significant time and expense.
Subject to and without waiver of the foregoing General and Specific Objections, Plaintiff
has undertaken an effort to collect all documents concerning the subject matter of this litigation
and to produce those documents to Defendants. To the extent additional custodians or locations
are identified, Plaintiff will provide all responsive documents to Defendants as soon as practicable.
INTERROGATORY NO. 4:
Identify each employee of, agent of, or other individual associated with Decedent with
whom you communicated or interacted; and identify the date of, and describe the nature of, each
such communication or interaction.
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RESPONSE:
Plaintiff refers to and incorporates her General Objections as if set forth fully herein.
Plaintiff specifically objects to this Interrogatory as overly broad and unduly burdensome. The
Interrogatory is overly broad insofar as it does not provide any applicable time period. The
Interrogatory is unduly burdensome insofar as it asks for overly specific information about
conversations that may have occurred orally.
Subject to and without waiver of the foregoing General and Specific Objections, and
without waiving her right to amend her response to this interrogatory at a later date, Plaintiff may
have communicated or interacted with the following individuals associated with Decedent:
•
Ghislaine Maxwell;
•
•
Members of Decedent's house staff at 9 East 71st Street, New York, New York; and
•
Members of Decedent's house staff at 49 Zorro Ranch Road, Stanley, New Mexico.
INTERROGATORY NO. 5:
Describe with particularity all duties owed to you by Decedent.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if set forth fully herein.
Plaintiff specifically objects to this Interrogatory as vague and overly broad. Specifically, the
Interrogatory is vague in that it does not provide any definition or context for the term "duties."
The Interrogatory is also overly broad in that it does not provide a relevant time period.
Subject to and without waiver of the foregoing General and Specific Objections, at a
minimum, Decedent owed Plaintiff a duty not to cause her any harm, including but not limited to
not sexually assaulting her, not sexually trafficking her, and not falsely imprisoning her.
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INTERROGATORY NO. 6:
Identify and describe with particularity each act or omission on the part of Decedent that you
allege constitutes a breach of a duty owed to you. For each act or omission identified, identify the
date of the alleged act or omission, all persons with knowledge of the facts set forth in your response
to this interrogatory, and all documents evidencing or otherwise concerning the information set
forth in your response to this interrogatory.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Plaintiff specifically objects to this Interrogatory as duplicative and vague. Specifically, the
Interrogatory is duplicative, in part, of Interrogatories 1 and 3. The Interrogatory is vague in that
it does not provide any definition or context for the term "duty."
Subject to and without waiver of the foregoing General and Specific Objections, and
without waiving the right to amend her response to this interrogatory at a later date, Decedent
sexually assaulted Plaintiff. Decedent touched Plaintiffs body without her consent in a movie
theater in New York, in a movie theater in New Mexico, and at his home in New Mexico. To
Plaintiff's knowledge, the following individuals have knowledge of the facts set forth in this
response: (1)-,
(2)
and (3) Ghislaine Maxwell.
INTERROGATORY NO. 7:
Identify and describe with particularity each act or omission on the part of Decedent that you
allege constitutes a violation of New York Penal Law § 130. For each act or omission identified,
identify the date of the alleged act or omission, all persons with knowledge of the facts set forth in
your response to this interrogatory, and all documents evidencing or otherwise concerning the
information set forth in your response to this interrogatory.
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RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Subject to and without waiver of the foregoing General Objections, and without waiving the right
to amend the response to this interrogatory at a later date, Decedent committed forcible touching
in violation of Article 130.52 against Plaintiff. Decedent inappropriately touched Plaintiff's body
without her consent in a movie theater in New York, in a movie theater in New Mexico, and at his
home in New Mexico. To Plaintiffs knowledge, the following individuals have knowledge of the
facts set forth in this response: (1)
(2)
and (3) Ghislaine Maxwell.
INTERROGATORY NO. 8:
Identify with particularity each act or omission on the part of Decedent that you allege
constitutes a tort. For each act or omission identified, identify the date of the alleged act or
omission, the tort you allege the act or omission constitutes, all persons with knowledge of the
information set forth in your response to this interrogatory, and all documents evidencing or
otherwise concerning such information.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Subject to and without waiver of the foregoing General Objections, and without waiving the right
to amend her response to this interrogatory at a later date, Plaintiff identified the acts or omissions
constituting the torts of battery, false imprisonment, and intentional infliction of emotional distress
in her Complaint. To Plaintiff's knowledge, the following individuals have knowledge of the facts
set forth in this response: (1',
(2)
and (3) Ghislaine Maxwell.
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INTERROGATORY NO. 9:
Identify all persons other than Decedent who have ever committed or attempted to commit
sexual misconduct or offenses against or otherwise concerning you, including, without limitation,
any unwelcome behavior of a sexual nature, sexual abuse, sexual assault, threats or intimidation
of a sexual nature, or sexual exploitation, regardless of whether the misconduct or offenses
involved physical touching. For each person identified, identify the misconduct or offense
committed, and the date and location of the misconduct or offense.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Plaintiff specifically objects to this Interrogatory as seeking information that is irrelevant to the
conduct underlying in this litigation. Plaintiff further objects to this request because it invades her
privacy.
Subject to and without waiver of the foregoing General and Specific Objections, Plaintiff
states that no person other than Decedent and Ghislaine Maxwell has ever committed or attempted
to commit a sexual offense against Plaintiff.
INTERROGATORY NO. 10:
Identify all medical procedures and consultations you received, including thedates of each
procedure and consultation, the locations of each procedure and consultation, and the identities of
all medical providers who conducted or otherwise participated in each procedure and consultation.
The relevant time period for this interrogatory is the date on which you first learned of Decedent
through the date of your responses to these interrogatories.
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RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Plaintiff objects to this Interrogatory to the extent it seeks information protected by the physician-
patient privilege. Plaintiff further objects to this Interrogatory as overly broad to the extent that it
seeks information concerning medical procedures unrelated to the conduct underlying this
litigation. The relevant time period for this Interrogatory is also overly broad. Plaintiff further
objects to the Interrogatory as vague as to the terms "medical procedures," "consultations," and
"medical providers."
Subject to and without waiver of the foregoing General and Specific Objections, Plaintiff
has seen the following medical providers on multiple occasions in connection with Decedent's
conduct:
INTERROGATORY NO. 11:
Regardless of date and the relation (or lack thereof) to Decedent's acts and omissions
alleged in the Complaint or otherwise, identify all medical procedures and consultations you
received evidencing or otherwise concerning the following conditions:
a.
an eating disorder,
b.
emotional distress,
c.
psychological or psychiatric trauma,
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d.
mental anguish,
e.
humiliation,
f.
confusion,
g.
embarrassment,
h.
loss of self-esteem,
i.
loss of dignity,
j.
loss of enjoyment of life,
k.
pain,
1.
suffering, or
m.
any condition that would require surgery to correct.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Plaintiff objects to this Interrogatory to the extent it seeks information protected by the physician-
patient privilege. Plaintiff further objects to this Interrogatory as overly broad insofar as it seeks
information that is not proportional to the needs of this litigation and has no relation to Decedent's
conduct. Plaintiff further objects to the Interrogatory as duplicative of Interrogatory 10. Plaintiff
further objects to the Interrogatory as vague as to the terms "medical procedures" and
"consultations."
Subject to and without waiver of the foregoing General and Specific Objections, Plaintiff
has seen the following medical providers on multiple occasions in connection with Decedent's
conduct:
I?
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INTERROGATORY NO. 12:
State whether you have ever experienced the same or similar conditions and damages, for
which you seek recovery from Defendants in this litigation, as a result of acts or omissions by
persons other than Decedent. If you answer this interrogatory in the affirmative: identify each
such person; describe the acts or omissions that resulted in the damages; identify the dates and
locations of such acts and omissions; and describe the damages that resulted.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Plaintiff specifically objects to this Interrogatory as vague as to the phrase "the same or similar
conditions and damages." Plaintiff further objects to this Interrogatory as seeking information that
is irrelevant to the conduct underlying in this litigation. Plaintiff further objects to this
Interrogatory because it invades her privacy.
Subject to and without waiver of the foregoing General and Specific Objections, Plaintiff
states that she has never experienced the same or similar conditions and damages, for which
Plaintiff seeks recovery from Defendants in this litigation, as a result of acts or omissions by
persons other than Defendants.
INTERROGATORY NO. 13:
Identify all things of value you received from Decedent, including a description of the
thing, the date on which you received the thing, and the person who tendered the thing to you.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Plaintiff specifically objects to this Interrogatory as vague as to the phrase "things of value."
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Plaintiff further objects to this Interrogatory as seeking information that is irrelevant to the conduct
underlying in this litigation.
Subject to and without waiver of the foregoing General and Specific Objections, and
without waiving the right to amend the response to this interrogatory at a later date, Plaintiff
received the following items and services from Decedent: (1) a ticket to a Broadway show; (2) a
pair of cowboy boots; (3) an educational trip to
Mexico; and (5) a flight to New York City.
INTERROGATORY NO. 14:
Identify all documents and communications upon which you intend to rely in this litigation,
including but not limited to in the course of depositions, in support of any motion, and at any
hearing or trial.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Subject to and without waiver of the foregoing General Objections, Plaintiff will identify exhibits
and testimony in advance of trial, on a timeline to be set by the Court.
INTERROGATORY NO. 15:
Identify all documents and communications evidencing or otherwise concerning damages
and everything else for which you seek recovery in this litigation, including but not limited to
damages you allege in your Complaint, medical fees, attorneys' fees and lost wages.
RESPONSE:
Plaintiff refers to and incorporates her General Objections as if fully set forth fully herein.
Subject to and without waiver of the foregoing General Objections, Plaintiff will produce
with
14
(4) a flight to New
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documents concerning the damages that Decedent caused her, in response to Request Nos. 8, 9,
13, 14, and 19 of the Defendants' First Request for Production of Documents.
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Dated: April 16. 2020
Respectfully Submitted.
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WE HEREBY CERTIFY that a true and correct copy of the above and foregoing
Responses and Objections to Defendants Darren K. Indyke and Richard D. Kahn's First Set of
Interrogatories has been provided by electronic mail to all counsel of record identified below, on
this 16th day of April, 2020.
Bennet J. Moskowitz, Esq.
Molly S. DiRago, Esq.
875 Third Avenue
New York, New York 10022
Tel: (212)-704-6087
Fax: (212)-704-6288
Email:
[email protected]
[email protected]
Counsel for Defendants Darren K. Indyke and Richard D. Kahn
Laura Menninger, Esq.
150 E. 10in Avenue
Denver, CO 80203
Tel: (303) 831-7364
Fax: (303) 832-2628
Email:
[email protected]
Counsel for Defendant Ghislaine Maxwell
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INTERROGATORIES
Upon penalty of perjury, I, Annie Farmer, declare that I
have read the foregoing interrogatories, and the answers
provided thereto are true and correct, to the best of my
knowledge and belief.
Dated: A
2020
Name: Annie Fanner
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