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In Case Against Epstein Estate Filings Gets Sealed and Plaintiff Husband To Be Deposed

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, June 24 –  After the death of Jeffrey Epstein in the MCC prison, Annie Farmer is pursuing her civil lawsuit for sex trafficking against his "madame" Ghislaine Maxwell and his estate.

  On April 16 U.S. District Court for the Southern District of New York Judge Lorna G. Schofield held a conference on Ghislaine Maxwell's letter responding Farmer's complaint, including that it involved "lumping" of issues. See below.

   Jeffrey Epstein's estate and executors Indyke and Kahn are being sued by Jane Doe 15 and others. On June 24 U.S. District Court for the Southern District of New York Magistrate Judge Debra C. Freeman held a nearly two hour proceeding with one plaintiff, Jane Doe. Inner City Press live tweeted it:

Judge Freeman: "If she does participate in the program, does that have the result of resolving this litigation?"

Answer: Yes, that's a condition of participation in the program.

Judge Freeman: Should we be conserving judicial resources in case your client decides to participate in the program? And if some of those leaning toward the program return to litigation, should there be joint discovery?

 Judge Freeman ruled that "upon hearing from counsel on 6/19/20 that Dkt. 74 contained confidential info... Counsel should now refile the full submission, with confidential exhibits redacted, so as to omit the confidential info." But now all of 74 is not available.

Judge Freeman: When we finally get jurors in, there will be fewer, for social distancing. The cases to go first will be criminal cases. Cases with many people will be in a small number of larger rooms. Some judges are venturing into world of remote bench trials

Lawyer: Your Honor, may I respond to the factors? Judge Freeman: Let me finish first, then I will certainly hear you. For those just joining, I remind you, mute yourself.  [But sometimes you're ask to identify yourself].

 Lawyer: On prejudice, there will be prejudice to my client. The award will be based on corroborating proof. We have produced all discovery but they haven't. So we'd get a smaller award. We should have access to all information about the "hits" regarding our client

Many references to the Feinberg fund, a reference to Ken Feinberg, described elsewhere as a "dispute-resolution guru." Defense lawyer: "The decedent didn't even have any knowledge of this plaintiff when she made some sort of pre-litigation settlement demand."

 Defendant lawyer: It's not a Feinberg fund. There is only one administrator, Ms. Feldman. Plaintiff here stands alone. She wants to rocket through the docket. But there is going to be no trial around the corner. The estate does not want to draw things out.

Defense lawyer: They are seeking serious damages, but they won't say how much, which is unbelievable given that we're into this.... We need to depose plaintiff's husband, she says the alleged abuse impacted her marriage. So she brought him into it.

Judge Freeman: Who are these 11 witnesses to be deposed? Defense (Epstein estate) lawyer:  Plaintiff's counsel asked us not to put the names in the submission. Four are friends of the plaintiff. Three treating physicians, plus the plaintiff's husband.

 Plaintiff's lawyer: There are also two co-conspirators, women who booked my client at 14 years old to give massages to Mr. Epstein.

Judge Freeman: Please nail it down if these two co-conspirators are planning to take the Fifth, because if so it is going to be a very short deposition. I'm satisfied that the other witnesses are very case specific, little overlap with the other cases. Plaintiff's lawyer: Mr Feinberg told us he doesn't even have a handle on the full amount in the estate. Judge Freeman: I assume there are many dollars in the estate. But if 80% of it goes to victims and 20% somewhere else, if there's 30% on legal expenses...

 Defense (Epstein estate) lawyer: Let's not speak for Mr. Feinberg who is not here. If a million dollars is spent on legal fees in this case, it come out of the pool. This is not good for the fund process. Which is why other people stayed their actions.

Plaintiff's lawyer: We have retained an expert, Doctor Hughes, in this case. So we can't put a number until then. Judge Freeman: You don't need an expert for medical expenses, or lost employment opportunities. Can't this expert ball-park it?

 Judge Freeman: With respect to communications to the press, it may well be that there were statements relevant to this case. They could be found, for example in an email.  Plaintiff's lawyer: I've spoken to the press about the claims fund.

 Defense lawyer: They want us to stop depositions by July 27. But one of the plaintiff's friends, we're having problem serving. So it might go into August. And, I see a lot of press stories. There are a lot of allegations flying around.

Judge Freeman: I think it's unlikely plaintiff's lawyer told the press that her client's claim is worth less than others'.

Defense lawyer: We'd like to see any statements going the other way.

Judge Freeman; You mean, from the press to the lawyer? [No....]

 Epstein estate lawyer: I am being careful here, because this relates to matters now redacted.

Plaintiff's lawyer: I am very uncomfortable, with reporters on the phone. Do you want to schedule an ex parte hearing?

Judge Freeman: Talk to opposing counsel first...

 Judge Freeman: No one is trying to violate anyone's rights here.

[Inner City Press: No, that's already happened.]

 This case is Doe v. Indyke, et al., 19-cv-8673 (Failla / Freeman).

Back on May 22 Judge Freeman held back to back conferences at 10 am and 11 am. Inner City Press covered both, here.

 

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