Court Records
Case 9:08-cv-80119-KAM Document 207 Entered on FLSD Docket 07/20/2009 Page 1 of 9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
JANE DOE NO. 2 CASE NO.: 08-CV-80119-MARRA
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 3
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 4
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 5
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
CASE NO.: 08-CV-80232-MARRN
CASE NO.: 08-CV-80380-MARRA
CASE NO.: 08-CV-80381-MARRA
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JANE DOE NO. 6 CASE NO.: 08-CV-80994-MARRA/
Plaintiff,
VS.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 7
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
C.M.A.
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
CASE NO.: 08-CV-80993-MARRA
CASE NO.: 08-CV-80811-MARRA/
CASE NO.: 08-CV-80893-MARRA/
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DOE II CASE NO.: 09-CV-80469-MARRA/M=
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 101
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 102
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
CASE NO.: 09-CV-80591-MARRAM=
CASE NO.: 09-CV-80656-MARRAMME
PLAINTIFF, C.M.A.'S, MOTION FOR PROTECTIVE ORDER REGARDING
TREATMENT RECORDS FROM PARENT-CHILD CENTER, INC, DR. SERGE THYS,
DOMINIQUE HYPPOLITE/SCHOOL DISTRICT OF PALM BEACH COUNTY, GOOD
SAMARITAN HOSPITAL, ST. MARY'S HOSPITAL, FLORIDA ATLANTIC
UNIVERSITY AND GLORIA C. HAKKARAINEN, M.D. AND INCORPORATED
MEMORANDUM OF LAW
Plaintiff, C.M.A., by and through her undersigned attorneys, hereby files her
Motion For Protective Order Regarding Treatment Records From Parent-Child Center,
Inc., Dr. Serge Thys, Dominique Hyppolite/School District of Palm Beach County, Good
Samaritan Hospital, St. Mary's Hospital, Florida Atlantic University and Gloria C.
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Hakkarainen, M.D. and Incorporated Memorandum of Law, and in support there of
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 victims of certain enumerated sex
offenses. 18 U.S.C. §2255 also creates a statutory floor for the amount of damages a
victim can recover for a violation of same. Plaintiff has also alleged a single count of
Sexual Battery against EPSTEIN.
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 offenses 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 (Attached hereto as Exhibit "A") which is currently pending before
this Court.
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5. In the event that the Court rules that Plaintiff can recover the statutory
damage floor established in 18 U.S.C. §2255 for each proven incident of abuse
committed by EPSTEIN upon her, Plaintiff intends to rely exclusively on the statutory
damages, rather than those damages which are available at common law. (See
Plaintiff, C.M.A.'s Conditional Notice of Intent to Exclusively Rely on Statutory Damages
Provided by 18 U.S.C. §2255 attached hereto as Exhibit "B"). If however, the Court
rules that the statutory floor applies only one time, regardless of the number of times
EPSTEIN committed an enumerated sexual offense against her, Plaintiff will be
pursuing all damages available to her at both common law and by statute.
6. Given Plaintiffs intent to rely exclusively on the statutory damages
available to her under 18 U.S.C. §2255 as outline above, Plaintiff will not be presenting
any evidence of the extent of her physical, emotional, or pecuniary injuries, beyond
evidence that she was the victim of sexual contact to which she was legally incapable of
consenting by virtue of her age (including, pain and suffering, emotional distress,
psychological trauma, mental anguish, humiliation, embarrassment, loss of self-esteem,
loss of dignity, invasion of her privacy, and loss of the capacity to enjoy life).
Accordingly, any testimony and/or discovery regarding those types of damages would
not be relevant to any material issue pending in this case.
7. Presently pending before the Court is 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 (Attached hereto as Exhibit "C").
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EPSTEIN is seeking from Plaintiff the production of certain treatment records of hers
from the Parent-Child Center, Inc., Dr. Serge Thys, a psychiatrist, Dominique
Hyppolite/School District of Palm Beach County, Good Samaritan Hospital, St. Mary's
Hospital, Florida Atlantic University and Gloria C. Hakkarainen, M.D.
8. None of the treatment records from the Parent-Child Center, Inc., Dr.
Serge Thys, Dominique Hyppolite/School District of Palm Beach County, Good
Samaritan Hospital, St. Mary's Hospital, Florida Atlantic University and Gloria C.
Hakkarainen, M.D. will have any relevance whatsoever in the event that Plaintiff
pursues only those statutory damages available to her under 18 U.S.C. §2255. To the
contrary, the production of these confidential and private treatment records would only
serve to further humiliate, embarrass, and victimize C.M.A.
9. Furthermore, C.M.A.'s treatment records from the Parent-Child Center,
Inc., Dr. Serge Thys, Dominique Hyppolite/School District of Palm Beach County, Good
Samaritan Hospital, St. Mary's Hospital, Florida Atlantic University and Gloria C.
Hakkarainen, M.D. are protected by the psychotherapist-patient privilege pursuant to
the Supreme Court's decision in Jaffee v. Redmond, 518 U.S. 1, 116 S.Ct. 1923
(1996)("All agree that a psychotherapist privilege covers confidential communications
made to licensed psychiatrists and psychologists. We have no hesitation in concluding
in this case that the federal privilege should also extend to confidential communications
made to licensed social workers in the course of psychotherapy.") Ordinarily, a plaintiff
does not place her mental condition in controversy merely by requesting damages for
mental anguish or "garden variety" emotional distress. In order to place a party's mental
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condition in controversy the party must allege a specific mental or psychiatric disorder
or intend to offer expert testimony to support their claim of emotional distress. Turner v
Imperial Stores, 161 F.R.D. 89 (S.D.Cal. 1995). The evidence sought is also protected
under the substantive privacy rights recognized in Florida Statute §§90.503 and
90.5035.
10. Accordingly, Plaintiff respectfully moves for the entry of a protective order
pursuant to Fed. R. Civ. Pro. 26(c) regarding Plaintiff's treatment records from the
Parent-Child Center, Inc., Dr. Serge Thys, Dominique Hyppolite/School District of Palm
Beach County, Good Samaritan Hospital, St. Mary's Hospital, Florida Atlantic University
and Gloria C. Hakkarainen, M.D. More particularly, Plaintiff requests the entry of an
order precluding the discovery of those records until such time as the Court rules on the
issue regarding whether the statutory damage floor as contained in 18 U.S.C. §2255
applies to each proven commission of an enumerated sexual offense by EPSTEIN
against CMA. Should the Court rule that 18 U.S.C. §2255 provides a per incident
damage floor, the treatment records would have absolutely no relevance whatsoever.
In the event that the Court rules that the damage floor applies only once, the parties can
then further brief the Court as to whether C.M.A has placed her mental condition "in
controversy" such that it operates as a waiver of the psychotherapist-patient privilege.
WHEREFORE, Plaintiff, C.M.A., respectfully requests that this Court enter a
protective order preventing the discovery of Plaintiffs treatment records from the
Parent-Child Center, Inc., Dr. Serge Thys, Dominique Hyppolite/School District of Palm
Beach County, Good Samaritan Hospital, St. Mary's Hospital, Florida Atlantic University
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and Gloria C. Hakkarainen, M.D. until such time as the Court decides whether the
statutory damages pursuant to 18 U.S.C. §2255 are available to a victim of an
enumerated sexual offense on a per incident basis.
CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
Counsel for the movant conferred via telephone with counsel for the Defendant
and counsel for the Defendant is not in agreement with Plaintiffs Motion For Protective
Order Regarding Treatment Records From the Parent-Child Center, Inc., Dr. Serge
Thys, Dominique Hyppolite/School District of Palm Beach County, Good Samaritan
Hospital, St. Mary's Hospital, Florida Atlantic University and Gloria C. Hakkarainen,
M.D. and Incorporated Memorandum of Law.
Is/ Jack P.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 20th day of July, 2009, I electronically filed the
foregoing with the Clerk of the Court by using CM/ECF system, which will send a notice
of electronic filing to all counsel of record on the attached service list.
Mack P
Jack Scarola
Florida Bar No.: 169440
Jack P.
Florida I- No.: 0547808
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
Phone: ([Phone Redacted]
Fax: ([Phone Redacted]
Attorneys for Plaintiff
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COUNSEL LIST
Richard H. Willits, Esquire
Richard H. Willits, P.A.
2290 10th Avenue North, Suite 404
Lake Worth, FL 33461
Phone: ([Phone Redacted]
Fax: ([Phone Redacted]
Robert Critton, Esquire
Burman Critton Luttier & Coleman LLP
515 North Flagler Drive, Suite 400
West Palm Beach, FL 33414
Phone: ([Phone Redacted]
Fax: ([Phone Redacted]
Jack A. Goldberger, Esquire
Atterbury, Goldberger & Weiss, P.A.
250 Australian Avenue South
West Palm Beach, FL 33401
Phone: ([Phone Redacted]
Bruce E. Reinhart, Esquire
Bruce E. Reinhart, P.A.
250 South Australian Avenue
Suite 1400
West Palm Beach, FL 33401
Phone: ([Phone Redacted]
Fax: ([Phone Redacted]
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