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Crw4.-ta. \-2 • J. MICHAEL BURMAN. PA." GREGORY W. COLEMAN. RA- ROBERT D. CRITTON. JR.. PA. ' BERNARD A. LEBEDEKER MARK T. LUTTIER PA. JEFFREY C. PEPIN MICHAEL J. PIKE HEATHER MCNAMARA RUDA DAVID A. YARENA 'FLORIDA WARD CIRTIFIED CIVIL TRIAL LAWYER 2ADMITTED TO PRACTICE IN FLORIDA AND COLORADO BY HAND DELIVERY Judge Donald Hafele Fifteenth Judicial Circuit BURMAN, CRITTON LUTTIERSLCOLEMAN,LLP YOUR TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP January 8, 2010 ADELQVI J. RENAVENTE PARALEGAL/INVESTIGATOR JESSICA CADWELL BOBBIE M. MCKENNA ASHLIE STOKEN-BARING BETTY STOKES PARALEGALS RITA H. BUDNYK COUNSEL EDWARD M. RICCI SPtCIM CONSUMER JUSTICE COUNSEL Re: v. Jeffrey Epstein, et al. Case No. 502008CA037319XXXX MBAB 1(26/10, 8:10 a.m. - 30-minute Special Set Hearing on Defendant Epstein's Motion for Sanctions against Spencer Kuvin, Esq. and Alternative Motion to Identify Dear Judge Hafele: With reference to the above-mentioned 30-minute special set hearing on January 26, 2010, enclosed please find Defendant, Epstein's Supplement to His Motion for ctions Against Spencer Kuvin, Esq. and Alternative Motion to Identify Based Upon Co I, Spencer Kuvin, Making Several statements to the Media and By IdentifyingM. By Her Full Legal Name in a Pu lic cument. MJP/clz Enclosures cc: Spencer Kuvin, Esq. Jack Goldberger, Esq. Cordi-ly urs, Mich Pike PHONE: • FAX: • MAI Le BC LC LAWCOM WWW.BCLCLAW.COM EFTA00723572 IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA037319XXXXMB AB Plaintiff, v. JEF PSTEIN an Defendants. Defendant, Epstein's Supplement to His Motion For Sanc Against Spencer Kuvin, Esq. And Alternative Motion To Identify Based Upon 's Counsel. Slicer Kuvin, Making Several Statements to the Media and Y Identifying By Her Full Legal Name in a Public Document Defendant, JEFFREY EPSTEIN (" Mr. Epstein"), by and through his undersigned attorneys hereby files his Supplement to his Motion for Sanctions and Alternative Motion to Identify M. (the "Initial Motion"). In support, Epstein states as follows: EFTA00723573 I v. Epstein e No. 2008CA037319X)CO0MMI Page 2 of 7 MEM 3 b. ■ =i■ ISM ■ EFTA00723574 se ta No. Page 3 of 7 EFTA00723575 ■. v. Epstein Case No. 2008CA037319X.XXXINBAB Page 4 of 7 EFTA00723576 v. E stein se No. 2008CA037319XXXXMBAB Page 5 of 7 5. ■. should now be identified in the style of this case. To hold otherwise would prevent Epstein from discovering facts and witnesses that could support his defenses against ■., and would further prevent Epstein from eliminating the likelihood of unfair surprise at trial. It is the undersigned's experience in these type 2 The foregoing is but a sample of the of the publications and media broadcasts that resulted from Mr. Kuvin's statements to the media. EFTA00723577 v. Eosteln se No. 2008CA037319XXXXMBAB Page 8 of 7 cases that once a "Doe" is identified, witnesses come forward with information that support a Defendant's defenses. This valuable discovery should not be stifled merely because a wishes to travel under a pseudonym after 6. As stated in the Initial Motion, courts have reasoned that there is no express or implied right to bring an action anonymously. Moreover, Fed. R. Civ. P 10(a) requires that the complaint include the names of the parties. Furthermore, Plaintiff is now an adult, and under the current circumstances set forth herein, the fact that she "might" suffer some personal embarrassment, standing alone, does not require the granting of a request to proceed under a pseudonym, especially when WHEREFORE, Defendant, JEFFREY EPSTEIN, respectfully requests the Court enter an order granting the relief requested herein and in the Initial Motion, and for any additional relief the Court deems just and proper. Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was sent by fax and U.S. Mail to the following addressees on this 8th day of January, 2010: EFTA00723578 R v. Epstein e No. 2008CA037319XXXXMBAB Pago 7 of 7 Theodore J. Leopold, Esq. Spencer T. Kuvin, Esq. Fax: Counsel for Plaintiff Jack Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. Fax: Co-counsel for Defendant Jeffrey Epstein BURMAN, CRITTON, LUTTIER LEMAN LLP By: Robert D. Critton, Jr. Florida Bar #224162 Michael J. Pike Florida Bar #617296 (Counsel for Defendant Jeffrey Epstein) EFTA00723579 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502008CA037319XXXXMB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. COPY RECEIVED FOR FILING DEC 1 1 '&105 SHARON R. BOCK CLERK& COMPTROLLF-R CIRCUIT CIVIL DIVISION MOTION FOR LEAVE TO AMEND TO ADD A CLAIM UNDER RICO AND PUNITIVE DAMAGES Plaintiff, by and through undersigned counsel, and files this Motion for Leave to Amend Complaint to Seek Punitive Damages pursuant to Florida Rule of Civil Procedure 1.190(f) and F.S. § 768.72 and as grounds therefore, states as follows: R.I.C.O. 1. This is an action currently includes a cause of action for: Intentional infliction of emotional distress and Sexual Battery . 2. Pursuant to Florida rule of Civil Procedure 1.190(a) Plaintiff seeks leave to amend to add a separate count for Racketeer Influenced and Corrupt Organization Act "RICO" Fla. Star §§895.01 et.seq. 3. Defendant has already answered the previous complaint and there is no prejudice to Defendant by allowing this amendment. EFTA00723580 4. Pursuant to Rule 1.190(a) amendments should be freely given. "The public policy of Florida is to freely allow amendment of pleadings," Carter v. Ferrell, 666 So. 2d 556, 557 (Fla. 2d DCA 1995), and the "'[r]efusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the privilege to amend has been abused; or amendment would be futile." Video Independent Medical Examination, Inc. v. City of Weston, 792 So. 2d 680, 681 (Fla. 4th DCA 2001) (quoting Spradley v. Stick, 622 So. 2d 610, 613 (Fla. 1st DCA 1993)). 5. This case is not set for trial, and undersigned contacted opposing counsel but has received no response, as to whether there was any objection to this amendment 6. A Copy of the proposed Amended complaint is attached at Ex. A. PUNITIVE DAMAGES AMENDMENT 7. Additionally, Plaintiff moves to file her Amended Complaint seeking punitive damages in this cause. 8. It is well settled that a jury may award punitive damages where there is an intentional tort involving sexual assault/battery. 9. Punitive damages are available as a remedy if the defendant engages in conduct that is malicious, oppressive, or committed with such gross negligence amounting to wanton disregard for the rights of others. See W.R. Grace & Company v. Waters, 638 So. 2d 502 (Fla. 1994). 10. Before a Plaintiff may assert a claim for punitive damages, the trial court must determine that there is a reasonable basis for recovery of punitive damages. age Simeon, Inc. v. Cox, 671 So. 2d 158 (Fla. 1984). This reasonable basis can be demonstrated by either a presentation of supporting evidence already in the record or by a proffer of the evidence to come. Page 2 of 4 EFTA00723581 See Strasser v. Yalamanchi, 677 So. 2d 22 (Pla. 4th DCA 1996). 11. By way of proffer, the evidence that will be presented in this case is that Defendant Epstein committed sex acts, and other criminal acts, against Plaintiff while Plaintiff was a minor. These acts were malicious and evidencing wanton disregard for her rights. More specifically, the evidence will show that Defendant sought out underprivileged and economically disadvantaged minor females, including Plaintiff, and preyed upon them to satisfy him sexually. He achieved his goal of converting these minors, including Plaintiff, into personal prostitutes for him and influenced them away from a typical adolescent lifestyle. At the time Defendant Epstein was committing these criminal sex acts against Plaintiff he did so with intent to injure Plaintiff or otherwise with complete disregard for the high likelihood that his acts would result in injury to Plaintiff 12. Plaintiff's claim for Punitive Damages is further supported at this time by the following record evidence being filed contemporaneous with this Motion: a. Deposition of Jeffrey Epstein (Ex. B); b. Deposition of Fi x. C); c. Deposition of Palm Beach Police Chief Reiter (Ex. D); d. Interrogatory responses of Plaintiff, (Ex. E); 13. Plaintiffs claim for Punitive Damages is further supported because Defendant invoked his 5th amendment right to remain silent and from which adverse inferences against Defendant should be drawn, and the deposition testimony of Defendant Jeffrey Epstein (Ex. B), wherein he was questioned about the crimes he committed against and other minor victims, to which he invoked his right against self-incrimination. 14. Therefore, Plaintiff moves to amend the complaint, by adding a count for Battery Page 3 of 4 EFTA00723582 and for punitive damages. 15. In compliance with Florida Rule of Civil procedure 1.190(1), this Motion is being served on Defendant more than 20 days before the hearing on this motion regarding the Punitive Damages amendment. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order allowing Plaintiff to file a Second Amended Complaint, adding a RICO count and to allow Plaintiff to seek Punitive Damages, and for any further relief this Court finds just and necessary. CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, this L day of 1)C , 1.609 to Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 33401; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 303 Banyon Boulevard, Suite 400, West Palm Beach, FL 33401. Florida Bar No.: 089737 Page 4 of 4 EFTA00723583 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502008CA0373159ODOCIEB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendants. PLAINTIFF'S NOTICE OF SERVING SUPPLEMENTAL ANSWERS TO DEFENDANT JEFFREY EPSTEIN'S FIRST SET OF INTERROGATORIES DATED DECEMBER 18, 2008 COMES NOW, Plaintiff M, by and through her undersigned counsel, pursuant to Florida Rules of Civil Procedure, hereby files this her Notice of Serving Answers to Defendant JEFFREY EPSTEIN's First Set of Interrogatories dated December 18, 2008. CERTIFICATE OF SERVICE . . . . _ . HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, this t l day of June, 2009 to: Robert Critton, Jr., Esq., Jack A. Goldberger, Esq., Atterbury Goldberger & Weiss, P.A., IIE LEOPOLD-KUVIN P.A. B I . Flora, a Bar No.: 089737Esq EFTA00723584 GENERAL OBJECTIONS 1. Plaintiff objects to Defendant's First Interrogatories as a violation of Rule 1.340(a), because with subparts, they exceed the number permitted by law. 2. Plaintiff objects to Defendant's First Interrogatories as overbroad, unduly burdensome and harassing. Page 2 of 5 •.. EFTA00723585 PLAINTIFF'S SUPPLEMENTAL ANSWERS TO DEFENDANT EPSTEIN'S In SET OF INTERROGATORIES 1. What is the name and address of all persons answering or assisting in answering these interrogatories, and, if applicable, the person's official position or relationship with the party to whom the interrogatories are directed? ANSWER: With counsel from my attorneys. 15. List all dates you allege you were at Mr. Epstein's home in Florida, include date, time arrived and left, the name(s) of anyone who went with you to the home when you were there, the time spent with Mr. Epstein and the name(s) and address of any individuals who were present in the home with Mr. Epstein and you. ANSWER: Please see the Com taint. I am unsure of the exact day of incident and it was only one time. accompanied me there. The cab driver (identity unknown) drove us to Mr. Epstein's borne. Unknown girl in shower. Jeffrey Epstein. Possible oriental woman in kitchen. SUPPLEMENTAL ANSWER: As best I can recall, the incident happened during the summertime when I was 14 ears old. This would place the date during the I do not remember the exact date or month. The cab that took me and to Epstein's home came to my house in the afternoon hours (I do not know the exact time). We drove to Epstein's home and the only people present in the home that I was aware of included --me,Mr:-Epstein;-MINIIM arrortental woman in the kitchen (who I did not know) and a girl who stepped out of a sanna/shower (who I do not know). The girl who stepped out of the shower/sauna looked a little older and taller than me. I do not know the addresses for MIME, the oriental woman or the girl from the shower/sauna. I do not know exactly bow long I spent at Mr. Epstein's home, but it was about 1-2 hours. It was still ' t outside when the cab came to pick up me and 16. State in detail how you came to be at Mr. Epstein's home on each occasion, i.e. did someone bring you or ask you if you would or wanted to go; if so, state the name and address of that individual and what he/she told you and the purpose of your visit. ANSWER: See Complaint and response to interrogatory number 15. SUPPLEMENTAL ANSWER: I came to be at Mr. Epstein's home because approached me and asked if I a id be Page 3 of 5 EFTA00723586 interested in malting some money. At the time, I was 14 years old and said "sure." She explained that I would have to give some guy a massage, and if I were to get naked I could ge and if I wore my underwear I would get $175. ould give my cell phone number to who would call me. I had t efore this incident called me on my cell phone and asked me if I wanted to go and I said yes. She then came in a taxi and picked me up at my house as described above. (See Supplemental Response to Interrogatory number 15). The time described above in my supplemental response to interrogatory number 15 is the only tgi . ,1r. Epstein's home. I do not know =INIIIIMMInhome address, but at the ved Page 4 of 5 EFTA00723587 •Simme le . . . 6. licht; aniormw.faceThr a com/briantey w' monurbeferr5t X 40 17 IT eerch 1'.. t..---- Plil - .csysk tiegmarist 16420bledoed le ' ' a sitting'', _lit , &arc Ulbela t DWI it , ,' fair' le : ' * #. It) Pr.-...:Te9.4,7 -t. •iktill. C. I MI* • mamma... I 4.4.- ..1 Brio n our to the Pain, Beach County Business Development : :. Ready Committee Meeting. 1.J resterCer DI trot os Foc6o.4. he etaiSeny • Corxwarri • Lex MI Spence INNS Wove. they • youth. Do yeti even hum %that a *melbas De VrOcrisy et ikrare Hippy Hanoi:tab. eueocoal gg Brion Seymour Wow, b this to Seth Spercerllein to Seines I .1/417•14etwall lean whiz pops want% b chide out eon guy% Perefdtrah.) to rote Mee DAM& D Yesterday al Mem Tbere/thetrintey're Test • *-µ Somme Kea Thane! Is* hi; if Fir Is !IND li sett4 Score: 100% - F`,-% team& Yestevkly at Itillain Mt I V.tite a conaefil... .1 a iti Brian Sr/310r Is at a meeting of the Bute Forum of Rahn Bead Dr you Foto when icos ens.* OW*. M. and St.nd Take So roe a Kon at into We ruebxe fer daddierry ' C °mem • Ws red Itrid eve I C.iO<..i 2, t' ..,.z.,., DICCEal Acton, ._- nen Monk . C........A s... m - -.6a..rlAnostIO•silliattont . rgidallir219TS *va m p 8 II. ChM a.%) I !Pi EFTA00723588