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United States District Court for the Southern District of Florida
February 21, 2019, Decided; February 21, 2019, Entered on Docket
CASE NO. 08-80736-CIV-MARRA
[*1204] OPINION AND ORDER
This cause is before the Court upon Jane Doe 1 and Jane Doe 2's Motion for Partial Summary Judgment (DE 361); the United States's Cross-Motion for Summary Judgment (DE 408); Jane Doe 1 and Jane Doe 2's Motion to Compel Answers (DE 348) and Jane Doe 1 and Jane Doe 2's Motion for Finding Waiver of Work Product and Similar Protections by Government and for Production of Documents (DE 414). The Motions are fully briefed and ripe for review. The Court has carefully considered the Motions and is otherwise fully advised in the premises.
The facts, as culled from affidavits, exhibits, depositions, answers to interrogatories and reasonably inferred, for the purpose of these motions, are as follows:
From between about 1999 and 2007, Jeffrey Epstein sexually abused more than [**3] 30 minor girls, including Petitioners Jane Doe 1 and Jane Doe 2 (hereinafter, "Petitioners"), at his mansion in Palm Beach, Florida, and elsewhere in the United States and overseas. (Government Resp. to Petitioner's Statement of Undisputed Material Facts (hereinafter, "DE 407" at ¶ 1.) Because Epstein and his co-conspirators knowingly traveled in interstate and international commerce to sexually abuse Jane Doe 1, Jane Doe 2 and others, they committed violations of not only Florida law, but also federal law. (DE 407 at ¶ 2.) In addition to his own sexual abuse of the victims, Epstein directed other persons to abuse the girls sexually. (DE 407 at ¶ 3.) Epstein used paid employees to find and bring minor girls to him. Epstein worked in concert with others to obtain minors not only for his own sexual gratification, but also for the sexual gratification of others. (DE 407 at ¶ 8.)
In 2005, the Town of Palm Beach Police Department ("PBPD") received a complaint from the parents of a 14 year old girl about her sexual abuse by Jeffery Epstein. The PBPD ultimately identified approximately 20 girls between the ages of 14 and 17 who were sexually abused by [*1205] Epstein. (DE 407 at ¶ 4.) In 2006, at [**4] the request of the PBPD, the Federal Bureau of Investigation ("FBI") opened an investigation into allegations that Epstein and his personal assistants used the facilities of interstate commerce to induce girls between the ages of 14 and 17 to engage in illegal sexual activities. (DE 407 at ¶ 5.) The FBI ultimately determined that both Jane Doe 1 and Jane Doe 2 were victims of sexual abuse by Epstein while they were minors. Jane Doe 1 provided information about her abuse and Jane Doe 2's abuse to the FBI on August 7, 2007. (DE 407 at ¶ 6.)
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359 F. Supp. 3d 1201 *; 2019 U.S. Dist. LEXIS 27215 **; 2019 WL 761702
JANE DOE 1 AND JANE DOE 2, Petitioners, vs. UNITED STATES, Respondent.
Subsequent History: Appeal dismissed by, Motion denied by, As moot Doe v. United States, 2019 U.S. App. LEXIS 5367 (11th Cir. Fla., Feb. 22, 2019)
Prior History: Does v. United States, 817 F. Supp. 2d 1337, 2011 U.S. Dist. LEXIS 115421 (S.D. Fla., Sept. 26, 2011)
notification, email, rights, letters, notice, girls, guilty plea, confer, charges, co-conspirators, non-prosecution, inform, summary judgment, crime victim, state court, deferred, notify, federal investigation, negotiating, sexual, terms, sexual abuse, proceedings, indictment, federal prosecution, court proceedings, plea agreement, obligations, sentencing, damages
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Genuine Disputes, Burdens of Proof, Movant Persuasion & Proof, Materiality of Facts, Legal Entitlement, Nonmovant Persuasion & Proof, Criminal Law & Procedure, Commencement of Criminal Proceedings, Governments, Legislation, Interpretation