012.pdf

Case 9:08-cv-80804-KAM Document 12 Entered on FLSD Docket 08/21/2008 Page 1 of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-80804-CIV-MARRA/JOHNSON

JANE DOE, a/k/a,
JANE DOE NO. 1,
Plaintiff,
vs.
JEFFREY EPSTEIN, HALEY
ROBSON, and SARAH KELLEN,
Defendants.

PLAINTIFF'S MOTION TO PRESERVE EVIDENCE
AND EXPEDITE CERTAIN DISCOVERY

Plaintiff Jane Doe moves, pursuant to Rules 26 and 34 to Preserve Evidence and Expedite
the Discovery of this Evidence and states:
1. Defendants removed this action to federal court on July 21, 2008. (DE 1).
2. Plaintiff has filed a motion to remand on August 18, 2008. (D.E. 11).
3. It has come to the attention of Plaintiff's counsel that on July 21, 2008, Defendant
JEFFREY EPSTEIN filed a Motion with the Florida State Court to return the
evidence seized at his home in conjunction with his criminal prosecution. (Ex. 1).
4. This evidence is relevant and critical to the prosecution of not only the instant claim,
but for six (6) other claims filed against Defendant EPSTEIN, including but not
limited to the Florida RICO claims filed in State Court.
WHEREFORE, Plaintiff respectfully request the Court grant her Motion to Preserve of
all of the seized Evidence identified in Ex. A, to Exhibit 1 of this Motion (Palm Beach Police
Department Property Receipt) should it be Returned to EPSTEIN by the State Court, and

Case 9:08-cv-80804-KAM Document 12 Entered on FLSD Docket 08/21/2008 Page 2 of 5
expedite the duplication of this evidence immediately upon its return, in advance of any Rule 26
conference.

MEMORANDUM OF LAW
Pursuant to Rules 26, 30 and 34, of the Federal Rules of Civil Procedure, this court has
the authority to modify the normal time limitations under the Rules. See AT&T Mobility LLC v.
Dynamic Cellular Corp., 2008 WL 2139518 (S.D. Fla. 2008); see also Tracfone Wireless, Inc. v.
King Trading, Inc., 2008 WL 918243 (N.D. Tex. 2008). Additionally, when there is a good faith
belief that evidence may be lost the Court has the authority to enter an Order preserving such
evidence. Id. at 1. An injunction is not required, nor are the elements of an injunction necessary
before entering an Order preserving such evidence. Id. at 2.
Given that Defendant EPSTEIN has plead guilty and is currently serving a year in jail
based on the charges which form the foundation of Plaintiffs (and many other Plaintiffs') claims,
it is reasonable to assume the State's seized evidence is extremely harmful to Defendant
EPSTEIN. As a result, without a Protective Order Defendant EPSTEIN has no reason to keep or
maintain this negative evidence. Plaintiff has put Defendant EPSTEIN on notice that this
evidence is relevant to the instant action and any destruction could potentially constitute
spoliation. If this evidence were destroyed Plaintiff would be severely prejudiced.

CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.A.3
On August 21, 2008, undersigned counsel conferred with counsel for the Defendants in a
good faith effort to resolve the issues raised in this motion, and Defendants' counsel advised that
Defendants oppose this motion.

s/ Spencer T. Kuvin
Spencer T. Kuvin (Florida Bar Number 089737)
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Case 9:08-cv-80804-KAM Document 12 Entered on FLSD Docket 08/21/2008 Page 3 of 5
Certificate of Services
I hereby certify that on August 13, 2008, 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 on all counsel of record or pro se parties identified 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 counsel or parties who are not authorized
to receive electronically Notices of Electronic Filing.

s/ Spencer T. Kuvin
Spencer T. Kuvin (Florida Bar Number 089737)
Attorney E-Mail Address:
RICCI-LEOPOLD, P.A.
2925 PGA Blvd.
Suite 200
Palm Beach Gardens, FL 33410
Telephone: (561) 684-6500
Facsimile: (561) 697-2383
Counsel for Plaintiff Jane Doe
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Case 9:08-cv-80804-KAM Document 12 Entered on FLSD Docket 08/21/2008 Page 4 of 5
SERVICE LIST
Doe v. Epstein, et. al.
CASE NO: 08-80804-Civ-MARRA/JOHNSON
United States District Court, Southern District of Florida

Robert Critton, Esq.
Burman, Critton, Luttier & Coleman, LLP
515 N. Flagler Drive, Suite 400
West Palm Beach, FL 33401
Phone: (561) 842-2820
Fax: (561) 515-3148
Counsel for Jeffrey Epstein
Served via U.S. Mail, postage prepaid

Guy Alan Lewis, Esq.
Email: lewis@lewistein.com
Lewis Tein
3059 Grand Avenue, Suite 340
Coconut Grove, FL 33133
Phone: (305) 442-1101
Fax: (305) 442-6744
Counsel for Jeffrey Epstein
Served via CM/ECF

Bruce E. Reinhart, Esq.
Bruce E. Reinhart, P.A.
250 Australian Avenue South, Suite 1400
West Palm Beach, FL 33401
Phone: (561) 202-6360
Fax: (561) 828-0983
Counsel for Sarah Kellen
Served via U.S. Mail, postage prepaid

Michael R. Tein, Esq.
Email: tein@lewistein.com
Lewis Tein
3059 Grand Avenue, Suite 340
Coconut Grove, FL 33133
Phone: (305) 442-1101
Fax: (305) 442-6744
Counsel for Jeffrey Epstein
Served via CM/ECF
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Case 9:08-cv-80804-KAM Document 12 Entered on FLSD Docket 08/21/2008 Page 5 of 5
Douglas M. McIntosh, Esq.
Jason A. McGrath, Esq.
McIntosh, Sawran, Peltz & Cartaya, P.A.
Centurion Tower, Suite 1110
1601 Forum Place
West Palm Beach, FL 33401
Phone: (561) 682-3202
Fax: (561) 682-3206
Counsel for Haley Robson
Served via U.S. Mail, postage prepaid
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