1 00:00:00,120 --> 00:00:03,960 Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles. 2 00:00:04,639 --> 00:00:06,799 In this episode, we're going to dive right back into 3 00:00:06,839 --> 00:00:09,560 those core documents and we're going to take a look 4 00:00:09,720 --> 00:00:14,519 at the claims made by Alice Poe against Jeffrey Epstein's estate. 5 00:00:15,119 --> 00:00:19,480 So let's get to it. Case number st Dash nineteen 6 00:00:19,960 --> 00:00:24,079 DASH PB Dash eighty in the matter of the Estate 7 00:00:24,440 --> 00:00:28,960 of Jeffrey e Epstein, Motion to proceed anonymously in filing 8 00:00:29,000 --> 00:00:33,799 a claim for unliquidated and unsecured damages. Come now, the 9 00:00:33,960 --> 00:00:39,079 Undersigned Council, on behalf of claimant Alice Poe, claimant a 10 00:00:39,200 --> 00:00:43,640 victim of the Estate of Jeffrey e Epstein, and file 11 00:00:43,719 --> 00:00:46,840 this motion to proceed anonymously in filing a notice of 12 00:00:46,920 --> 00:00:52,840 claim for unliquidated and unsecured damages, and in support thereof 13 00:00:52,880 --> 00:00:56,960 State one. This motion and the subsequent notice of claim 14 00:00:57,240 --> 00:01:01,039 are timely and properly filed. Pursuing to the Virgin Islands 15 00:01:01,039 --> 00:01:05,799 Probate and Fiduciary Rule eleven titled Notice to Creditors and 16 00:01:05,879 --> 00:01:09,920 Persons indebted to the Estate, which notes that all persons 17 00:01:09,959 --> 00:01:13,480 having claims against the estate are to present or deliver 18 00:01:13,680 --> 00:01:18,280 to the executor or administrator their claims verified by Affidavid 19 00:01:18,560 --> 00:01:22,200 to a place within the territory specific in the notice 20 00:01:22,359 --> 00:01:25,400 within the six months from the date of the notice. 21 00:01:25,879 --> 00:01:29,799 As such a notice was dated September thirteenth, twenty nineteen, 22 00:01:30,200 --> 00:01:34,599 filed on September eighteenth, twenty nineteen, and directed such claims 23 00:01:34,599 --> 00:01:38,280 to be presented to the office of their attorneys or 24 00:01:38,359 --> 00:01:42,959 the Clerk of this Court. See also fifteen Virgin Island Code, 25 00:01:43,040 --> 00:01:48,079 Section three ninety one Publication of Notice of Administrators. Two. 26 00:01:48,560 --> 00:01:51,480 Claimant files this motion as she has a claim to 27 00:01:51,519 --> 00:01:54,760 be made against the estate and intends to file a 28 00:01:54,920 --> 00:01:58,599 summons and verified complaint in New York County of New 29 00:01:58,680 --> 00:02:02,040 York to that effect, where she will also be using 30 00:02:02,079 --> 00:02:05,799 the Alice Poe pseudonym, something that dozens of her sister 31 00:02:05,920 --> 00:02:10,719 survivors have done and stipulated to with Bennett J. Moskowitz, 32 00:02:10,879 --> 00:02:16,599 esquire of Troutman Sanders, Llp, the attorneys for the executors 33 00:02:16,599 --> 00:02:20,439 of the estate. Attached here too is Exhibit one is 34 00:02:20,479 --> 00:02:24,240 a true and correct of one of those fully executed 35 00:02:24,280 --> 00:02:29,520 stipulations three. Accordingly, the undersigned respectfully requests that this Court 36 00:02:29,800 --> 00:02:32,800 also grant claim it the ability to present her notice 37 00:02:32,840 --> 00:02:38,240 of claim anonymously under pseudonym four if the fact that 38 00:02:38,280 --> 00:02:41,240 both of the parties in the preceding will likely ultimately 39 00:02:41,280 --> 00:02:45,120 stipulate for claimant to file anonymously is not persuasive enough, 40 00:02:45,400 --> 00:02:48,879 Courts in this circuit have also granted such relief even 41 00:02:48,879 --> 00:02:52,560 when it's opposed. Five. First and foremost, this sort of 42 00:02:52,599 --> 00:02:56,800 decision is within the direct purview of this court. Cee. 43 00:02:56,800 --> 00:02:59,879 Doe versus c Dot A Dot R Dot S Protection 44 00:03:00,000 --> 00:03:03,680 Plus Incorporated, five twenty seven F Dot three D three 45 00:03:03,840 --> 00:03:07,800 fifty eight three seventy one, Third Circuit Court, two thousand 46 00:03:07,840 --> 00:03:11,039 and eight. The decision whether to allow a claimant to 47 00:03:11,120 --> 00:03:16,879 proceed anonymously rests within the sound discretion of the court. Six. Indeed, 48 00:03:17,120 --> 00:03:20,960 in making such decisions, courts in this circuit have continually 49 00:03:21,000 --> 00:03:25,199 applied a balancing test type approach, using several factors outlined 50 00:03:25,439 --> 00:03:28,080 by the Third Circuit. In the case of Doe verse 51 00:03:28,240 --> 00:03:32,639 Meglis and its progeny see Doe versus Meglis six fifty 52 00:03:32,639 --> 00:03:35,759 four F Dot three D four oh four, Third Circuit 53 00:03:35,759 --> 00:03:41,159 twenty eleven Meglis. See also DM versus City of Berkshire 54 00:03:41,319 --> 00:03:45,800 nine twenty nine F Dot Sup. Two D three ninety 55 00:03:46,000 --> 00:03:51,599 e Dot d PA DOT twenty thirteen, Burks Doe versus Rutgers, 56 00:03:51,639 --> 00:03:55,680 twenty nineteen US District Court Lexus seven five one three 57 00:03:55,840 --> 00:04:00,840 nine DNJ. Twenty nineteen seven. In this case, it is 58 00:04:00,960 --> 00:04:04,639 clear that when applying the nine Meglis factors, six that 59 00:04:04,719 --> 00:04:10,080 favor anonymity and three that disfavor anonymity, and overwhelming majority 60 00:04:10,080 --> 00:04:13,199 of them support Claimant's use of a pseudonym, while the 61 00:04:13,240 --> 00:04:16,040 few that do not are either not applicable to the 62 00:04:16,120 --> 00:04:19,240 case or do not do enough to tip the scales 63 00:04:19,560 --> 00:04:23,120 see Meglis six fifty four ft three d at four 64 00:04:23,199 --> 00:04:28,040 O nine eight. Regarding the first factor in favor of anonymity, 65 00:04:28,480 --> 00:04:31,959 the facts of this case stand in sharp contrast to 66 00:04:32,000 --> 00:04:35,519 instances where the courts have found that anonymity would be 67 00:04:35,560 --> 00:04:39,759 futile because the movement's name was already widely known see 68 00:04:39,839 --> 00:04:43,560 Rutgers at five and six. Citing to Meglis at four 69 00:04:43,560 --> 00:04:47,360 to ten, Moven's name, picture, and home address had been 70 00:04:47,399 --> 00:04:51,360 disclosed on a publicly circulated flyer. Here the facts align 71 00:04:51,720 --> 00:04:55,079 more with Rutgers, as claimant has gone above and beyond 72 00:04:55,120 --> 00:04:59,639 to maintain her confidentiality, which has never been made public, 73 00:05:00,079 --> 00:05:04,240 including by eventually filing her lawsuits as Alice Poe and 74 00:05:04,279 --> 00:05:07,680 stipulating with the estate to do the same see Meglis 75 00:05:07,720 --> 00:05:11,959 at four ten. See also Rutgers, twenty nineteen US District 76 00:05:12,040 --> 00:05:16,839 Lexus seven five one three nine at five nine second 77 00:05:17,040 --> 00:05:19,959 as for the reasonableness of the harm that the litigant 78 00:05:20,240 --> 00:05:23,920 is seeking to avoid here, similar to the facts of Rutgers, 79 00:05:24,279 --> 00:05:28,079 Claimant wishes to proceed anonymously in order to protect her 80 00:05:28,120 --> 00:05:31,480 mental and physical health and the right to fully and 81 00:05:31,519 --> 00:05:35,240 fairly litigate this action. See Rutgers at six and seven. 82 00:05:35,639 --> 00:05:39,839 See also Doe versus Roman Catholic Archdiocese of New York 83 00:05:40,120 --> 00:05:44,600 sixty four Miscellaneous, three d twelve twenty A. Supreme Court, 84 00:05:44,879 --> 00:05:50,240 Westchester County, twenty nineteen ten. Indeed, as opposed to using 85 00:05:50,279 --> 00:05:54,240 a pseudonym merely to avoid the annoyance and criticism that 86 00:05:54,399 --> 00:05:58,839 may attend any litigation, Claimant seeks to proceed anonymously to 87 00:05:58,920 --> 00:06:02,319 preserve her privacy in this matter of a sensitive and 88 00:06:02,519 --> 00:06:05,959 highly personal nature that will have a lifelong impact on 89 00:06:06,040 --> 00:06:09,800 her and her family's lives. See Rutgers at six and seven. 90 00:06:09,959 --> 00:06:14,120 See also Doe versus Suol's Jewelry Incorporated. Two thousand and 91 00:06:14,160 --> 00:06:19,480 eight New York Miscellaneous Lexus eight seven three three Supreme Court, 92 00:06:19,560 --> 00:06:22,399 New York City, two thousand and eight, Dough verse New 93 00:06:22,480 --> 00:06:27,680 York University, six Miscellaneous, three D eight sixty six, Supreme Court, 94 00:06:27,759 --> 00:06:31,319 New York City, two thousand and four, Sealed plaintiff and 95 00:06:31,560 --> 00:06:34,879 sealed defendant, five point thirty seven f Dot three D 96 00:06:35,120 --> 00:06:39,439 one eighty five, Second Circuit, two thousand and eight, eleven third. 97 00:06:39,759 --> 00:06:43,360 Unlike Meglis, where the district court recognize that there is 98 00:06:43,439 --> 00:06:47,160 no allegation that falsely creates suspicious person alert are a 99 00:06:47,199 --> 00:06:50,720 widespread problem, here the facts are more similar to Burks 100 00:06:50,720 --> 00:06:54,399 in that disallowing anonymity would likely deter those who have 101 00:06:54,480 --> 00:06:58,360 been falsely accused of sexual abuse from vindicating their rights 102 00:06:58,600 --> 00:07:02,399 due to the stigma that invariably attaches from having one's 103 00:07:02,480 --> 00:07:06,439 name publicly attached to such a deplorable act. See Meglis 104 00:07:06,439 --> 00:07:10,040 at four ten. See also Berks nine twenty nine f. 105 00:07:10,160 --> 00:07:15,439 Dot spp Dot two d at four O two twelve fourth. 106 00:07:15,759 --> 00:07:18,519 Similar to Rutgers, there is a strong chance at this 107 00:07:18,600 --> 00:07:21,680 claim will not be resolved on its own merits if 108 00:07:21,680 --> 00:07:25,759 the litigand is denied the opportunity to proceed using a pseudonym, 109 00:07:26,079 --> 00:07:29,959 as a claimant will potentially sacrifice a potentially valid claim 110 00:07:30,279 --> 00:07:34,160 simply to preserve her anonymity see Rutgers at seven to eight. 111 00:07:34,600 --> 00:07:37,519 The Court here should decide in conformity with the Court 112 00:07:37,560 --> 00:07:41,279 and Rutgers, where they agreed with the movement's arguments that 113 00:07:41,319 --> 00:07:44,839 the public is harmed when alleged abuse goes unchallenged because 114 00:07:44,879 --> 00:07:50,240 Moven's fear litigating publicly thirteen. As for the final factor 115 00:07:50,399 --> 00:07:53,800 weighing in favor of anonymity, claimant is not seeking to 116 00:07:53,920 --> 00:07:57,560 use a pseudonym for nefarious reasons, nor has there been 117 00:07:57,639 --> 00:08:02,560 any allegation that claimant has illegal or ulterior motive to 118 00:08:02,600 --> 00:08:05,720 her desire to hide her name see Meglis at four eleven. 119 00:08:06,040 --> 00:08:10,000 See also Rutgers at ten, as opposed to simple public 120 00:08:10,120 --> 00:08:14,120 humiliation and embarrassment, which have been determined not to be 121 00:08:14,199 --> 00:08:17,759 sufficient grounds for allowing a claimant to proceed anonymously. In 122 00:08:17,800 --> 00:08:22,079 this case, there is no illegitimate ulterior motive because his 123 00:08:22,199 --> 00:08:26,759 referenced above, identification of claimant's true identity poses a risk 124 00:08:26,839 --> 00:08:30,759 of mental or physical harm, and the case involves information 125 00:08:31,160 --> 00:08:35,279 of the utmost intimacy see Meglis at four eleven. See 126 00:08:35,320 --> 00:08:38,840 also Rutgers at ten Dough two thousand and eight, New 127 00:08:38,919 --> 00:08:44,120 York Miscellaneous Lexus at. Sixteen and seventeen Dough six Miscellaneous 128 00:08:44,240 --> 00:08:47,559 three d at eight seventy nine, Sealed Plaintiff five point 129 00:08:47,559 --> 00:08:50,759 thirty seven f Dot three d At one eighty nine 130 00:08:50,799 --> 00:08:54,759 and one ninety nineteen ninety one McKinney Session, Laws of 131 00:08:54,799 --> 00:08:58,039 New York at twenty two eleven and twenty two twelve. 132 00:08:58,360 --> 00:09:02,440 Sexual assault victims have unfortunately had to endure a terrible 133 00:09:02,480 --> 00:09:05,639 invasion of their physical privacy. They have a right to 134 00:09:05,759 --> 00:09:08,919 expect that this violation will not be compounded by a 135 00:09:08,960 --> 00:09:15,000 further invasion of their privacy. Fourteen. Furthermore, even when turning 136 00:09:15,279 --> 00:09:17,759 to the other side of the scale and the factors 137 00:09:17,879 --> 00:09:23,519 disfavoring anonymity, claimant still comes out ahead. Fifteen. While claimant 138 00:09:23,559 --> 00:09:26,480 acknowledges that there is a thumb on the scale, that 139 00:09:26,639 --> 00:09:30,320 is the universal interest in the favor of open judicial proceedings, 140 00:09:30,559 --> 00:09:33,120 she is not asking the record to be sealed, rather 141 00:09:33,240 --> 00:09:39,399 simply to proceed anonymously. Sixteen. Next, the Court must consider whether, 142 00:09:39,559 --> 00:09:43,039 because of the subject matter of this litigation, the status 143 00:09:43,039 --> 00:09:46,279 of a litigant as a public figure or otherwise there 144 00:09:46,440 --> 00:09:50,480 is a particularly strong interest in knowing the litigant's identities. 145 00:09:50,919 --> 00:09:54,399 See Meglis at four to eleven. See also Rutgers at twelve. 146 00:09:54,840 --> 00:09:59,039 Here the claimant is not a public figure seventeen. This 147 00:09:59,120 --> 00:10:03,159 litigation all also involves a member of a particularly vulnerable class, 148 00:10:03,320 --> 00:10:06,919 or the subject matter is highly personal, the public has 149 00:10:06,919 --> 00:10:10,080 an interest in protecting the identity of the litigant. Ce 150 00:10:10,279 --> 00:10:15,360 Rutgers at twelve, citing to Doe versus Ryder University, twenty eighteen. 151 00:10:15,799 --> 00:10:20,600 U S. District Lexus one three three one four six DNJ. 152 00:10:20,879 --> 00:10:25,200 Twenty eighteen. Here claimant alleges that she is the victim 153 00:10:25,240 --> 00:10:28,519 of a sexual assault, so allowing her to proceed as 154 00:10:28,559 --> 00:10:31,960 an alice poe while preserving the public's right to access 155 00:10:32,039 --> 00:10:35,720 the docket and proceedings in this case strikes the appropriate 156 00:10:35,759 --> 00:10:40,399 balance between these competing interests. See Rutgers at twelve, citing 157 00:10:40,399 --> 00:10:44,879 two La versus Hoffmann, twenty fifteen, U S. District Lexus 158 00:10:45,120 --> 00:10:50,279 nine four five six four DNJ. Twenty fifteen. Granting movement's 159 00:10:50,360 --> 00:10:54,639 motion to proceed anonymously and observing that although the identities 160 00:10:54,639 --> 00:10:57,519 of the movements will not be included in the filings 161 00:10:57,559 --> 00:11:00,399 in this matter, the public will maintain access to the 162 00:11:00,440 --> 00:11:05,120 docket and filings in this case. Eighteen. Finally, the last 163 00:11:05,120 --> 00:11:09,000 factor weighing against disclosure is not applicable as there is 164 00:11:09,039 --> 00:11:13,519 no party opposing the use of a pseudonym nineteen. Applying 165 00:11:13,559 --> 00:11:16,399 the factors referenced in the litany of case law to 166 00:11:16,480 --> 00:11:19,879 the specific facts of the claimant's case makes clear that 167 00:11:19,919 --> 00:11:23,559 this should be permitted to proceed anonymously. She is a 168 00:11:23,639 --> 00:11:26,960 victim of sexual abuse, a matter of highly sensitive and 169 00:11:27,000 --> 00:11:30,480 personal nature. She is not seeking to avoid mere embarrassment, 170 00:11:30,799 --> 00:11:34,120 but rather to protect her physical and mental well being. 171 00:11:34,559 --> 00:11:37,399 It is well known that victims of sexual crimes are 172 00:11:37,519 --> 00:11:41,120 often not believed and have their reputations put into question. 173 00:11:41,480 --> 00:11:46,200 Thus identification of her poses a serious risk of retaliatory 174 00:11:46,279 --> 00:11:49,639 harm to her, and the estate will not be prejudiced 175 00:11:49,879 --> 00:11:53,000 because her identity will be known to it and their counsel, 176 00:11:53,200 --> 00:11:56,679 and thus they will be able to properly investigate her claim. 177 00:11:56,799 --> 00:12:00,120 As such, the court here should find the totality of 178 00:12:00,200 --> 00:12:05,440 the factors in circumstances favor anonymity. Wherefore, claimant praise that 179 00:12:05,519 --> 00:12:09,360 the Court grant a her emotion seeking the right to 180 00:12:09,519 --> 00:12:13,639 proceeding in this action under pseudonym in its entirety, and 181 00:12:13,840 --> 00:12:17,320 see all other further relief as this Court may deem 182 00:12:17,720 --> 00:12:21,480 just and proper. This document was dated the sixth of 183 00:12:21,519 --> 00:12:24,559 March of twenty twenty and it was signed by AJ 184 00:12:24,720 --> 00:12:27,840 Weiss and associates. All Right, folks, that's going to do 185 00:12:27,879 --> 00:12:30,159 it for this one. All of the information that goes 186 00:12:30,200 --> 00:12:33,879 with this episode can be found in the description box.