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Alice Poe And Her Claims Against Jeffrey Epstein And The Jeffrey Epstein Estate · The Epstein Chronicles

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  Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
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  In this episode, we're going to dive right back into
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  those core documents and we're going to take a look
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  at the claims made by Alice Poe against Jeffrey Epstein's estate.
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  So let's get to it. Case number st Dash nineteen
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  DASH PB Dash eighty in the matter of the Estate
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  of Jeffrey e Epstein, Motion to proceed anonymously in filing
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  a claim for unliquidated and unsecured damages. Come now, the
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  Undersigned Council, on behalf of claimant Alice Poe, claimant a
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  victim of the Estate of Jeffrey e Epstein, and file
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  this motion to proceed anonymously in filing a notice of
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  claim for unliquidated and unsecured damages, and in support thereof
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  State one. This motion and the subsequent notice of claim
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  are timely and properly filed. Pursuing to the Virgin Islands
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  Probate and Fiduciary Rule eleven titled Notice to Creditors and
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  Persons indebted to the Estate, which notes that all persons
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  having claims against the estate are to present or deliver
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  to the executor or administrator their claims verified by Affidavid
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  to a place within the territory specific in the notice
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  within the six months from the date of the notice.
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  As such a notice was dated September thirteenth, twenty nineteen,
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  filed on September eighteenth, twenty nineteen, and directed such claims
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  to be presented to the office of their attorneys or
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  the Clerk of this Court. See also fifteen Virgin Island Code,
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  Section three ninety one Publication of Notice of Administrators. Two.
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  Claimant files this motion as she has a claim to
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  be made against the estate and intends to file a
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  summons and verified complaint in New York County of New
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  York to that effect, where she will also be using
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  the Alice Poe pseudonym, something that dozens of her sister
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  survivors have done and stipulated to with Bennett J. Moskowitz,
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  esquire of Troutman Sanders, Llp, the attorneys for the executors
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  of the estate. Attached here too is Exhibit one is
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  a true and correct of one of those fully executed
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  stipulations three. Accordingly, the undersigned respectfully requests that this Court
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  also grant claim it the ability to present her notice
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  of claim anonymously under pseudonym four if the fact that
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  both of the parties in the preceding will likely ultimately
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  stipulate for claimant to file anonymously is not persuasive enough,
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  Courts in this circuit have also granted such relief even
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  when it's opposed. Five. First and foremost, this sort of
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  decision is within the direct purview of this court. Cee.
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  Doe versus c Dot A Dot R Dot S Protection
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  Plus Incorporated, five twenty seven F Dot three D three
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  fifty eight three seventy one, Third Circuit Court, two thousand
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  and eight. The decision whether to allow a claimant to
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  proceed anonymously rests within the sound discretion of the court. Six. Indeed,
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  in making such decisions, courts in this circuit have continually
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  applied a balancing test type approach, using several factors outlined
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  by the Third Circuit. In the case of Doe verse
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  Meglis and its progeny see Doe versus Meglis six fifty
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  four F Dot three D four oh four, Third Circuit
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  twenty eleven Meglis. See also DM versus City of Berkshire
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  nine twenty nine F Dot Sup. Two D three ninety
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  e Dot d PA DOT twenty thirteen, Burks Doe versus Rutgers,
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  twenty nineteen US District Court Lexus seven five one three
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  nine DNJ. Twenty nineteen seven. In this case, it is
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  clear that when applying the nine Meglis factors, six that
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  favor anonymity and three that disfavor anonymity, and overwhelming majority
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  of them support Claimant's use of a pseudonym, while the
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  few that do not are either not applicable to the
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  case or do not do enough to tip the scales
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  see Meglis six fifty four ft three d at four
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  O nine eight. Regarding the first factor in favor of anonymity,
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  the facts of this case stand in sharp contrast to
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  instances where the courts have found that anonymity would be
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  futile because the movement's name was already widely known see
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  Rutgers at five and six. Citing to Meglis at four
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  to ten, Moven's name, picture, and home address had been
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  disclosed on a publicly circulated flyer. Here the facts align
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  more with Rutgers, as claimant has gone above and beyond
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  to maintain her confidentiality, which has never been made public,
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  including by eventually filing her lawsuits as Alice Poe and
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  stipulating with the estate to do the same see Meglis
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  at four ten. See also Rutgers, twenty nineteen US District
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  Lexus seven five one three nine at five nine second
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  as for the reasonableness of the harm that the litigant
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  is seeking to avoid here, similar to the facts of Rutgers,
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  Claimant wishes to proceed anonymously in order to protect her
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  mental and physical health and the right to fully and
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  fairly litigate this action. See Rutgers at six and seven.
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  See also Doe versus Roman Catholic Archdiocese of New York
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  sixty four Miscellaneous, three d twelve twenty A. Supreme Court,
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  Westchester County, twenty nineteen ten. Indeed, as opposed to using
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  a pseudonym merely to avoid the annoyance and criticism that
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  may attend any litigation, Claimant seeks to proceed anonymously to
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  preserve her privacy in this matter of a sensitive and
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  highly personal nature that will have a lifelong impact on
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  her and her family's lives. See Rutgers at six and seven.
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  See also Doe versus Suol's Jewelry Incorporated. Two thousand and
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  eight New York Miscellaneous Lexus eight seven three three Supreme Court,
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  New York City, two thousand and eight, Dough verse New
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  York University, six Miscellaneous, three D eight sixty six, Supreme Court,
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  New York City, two thousand and four, Sealed plaintiff and
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  sealed defendant, five point thirty seven f Dot three D
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  one eighty five, Second Circuit, two thousand and eight, eleven third.
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  Unlike Meglis, where the district court recognize that there is
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  no allegation that falsely creates suspicious person alert are a
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  widespread problem, here the facts are more similar to Burks
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  in that disallowing anonymity would likely deter those who have
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  been falsely accused of sexual abuse from vindicating their rights
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  due to the stigma that invariably attaches from having one's
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  name publicly attached to such a deplorable act. See Meglis
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  at four ten. See also Berks nine twenty nine f.
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  Dot spp Dot two d at four O two twelve fourth.
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  Similar to Rutgers, there is a strong chance at this
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  claim will not be resolved on its own merits if
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  the litigand is denied the opportunity to proceed using a pseudonym,
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  as a claimant will potentially sacrifice a potentially valid claim
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  simply to preserve her anonymity see Rutgers at seven to eight.
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  The Court here should decide in conformity with the Court
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  and Rutgers, where they agreed with the movement's arguments that
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  the public is harmed when alleged abuse goes unchallenged because
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  Moven's fear litigating publicly thirteen. As for the final factor
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  weighing in favor of anonymity, claimant is not seeking to
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  use a pseudonym for nefarious reasons, nor has there been
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  any allegation that claimant has illegal or ulterior motive to
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  her desire to hide her name see Meglis at four eleven.
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  See also Rutgers at ten, as opposed to simple public
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  humiliation and embarrassment, which have been determined not to be
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  sufficient grounds for allowing a claimant to proceed anonymously. In
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  this case, there is no illegitimate ulterior motive because his
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  referenced above, identification of claimant's true identity poses a risk
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  of mental or physical harm, and the case involves information
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  of the utmost intimacy see Meglis at four eleven. See
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  also Rutgers at ten Dough two thousand and eight, New
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  York Miscellaneous Lexus at. Sixteen and seventeen Dough six Miscellaneous
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  three d at eight seventy nine, Sealed Plaintiff five point
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  thirty seven f Dot three d At one eighty nine
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  and one ninety nineteen ninety one McKinney Session, Laws of
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  New York at twenty two eleven and twenty two twelve.
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  Sexual assault victims have unfortunately had to endure a terrible
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  invasion of their physical privacy. They have a right to
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  expect that this violation will not be compounded by a
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  further invasion of their privacy. Fourteen. Furthermore, even when turning
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  to the other side of the scale and the factors
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  disfavoring anonymity, claimant still comes out ahead. Fifteen. While claimant
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  acknowledges that there is a thumb on the scale, that
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  is the universal interest in the favor of open judicial proceedings,
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  she is not asking the record to be sealed, rather
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  simply to proceed anonymously. Sixteen. Next, the Court must consider whether,
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  because of the subject matter of this litigation, the status
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  of a litigant as a public figure or otherwise there
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  is a particularly strong interest in knowing the litigant's identities.
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  See Meglis at four to eleven. See also Rutgers at twelve.
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  Here the claimant is not a public figure seventeen. This
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  litigation all also involves a member of a particularly vulnerable class,
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  or the subject matter is highly personal, the public has
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  an interest in protecting the identity of the litigant. Ce
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  Rutgers at twelve, citing to Doe versus Ryder University, twenty eighteen.
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  U S. District Lexus one three three one four six DNJ.
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  Twenty eighteen. Here claimant alleges that she is the victim
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  of a sexual assault, so allowing her to proceed as
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  an alice poe while preserving the public's right to access
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  the docket and proceedings in this case strikes the appropriate
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  balance between these competing interests. See Rutgers at twelve, citing
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  two La versus Hoffmann, twenty fifteen, U S. District Lexus
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  nine four five six four DNJ. Twenty fifteen. Granting movement's
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  motion to proceed anonymously and observing that although the identities
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  of the movements will not be included in the filings
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  in this matter, the public will maintain access to the
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  docket and filings in this case. Eighteen. Finally, the last
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  factor weighing against disclosure is not applicable as there is
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  no party opposing the use of a pseudonym nineteen. Applying
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  the factors referenced in the litany of case law to
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  the specific facts of the claimant's case makes clear that
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  this should be permitted to proceed anonymously. She is a
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  victim of sexual abuse, a matter of highly sensitive and
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  personal nature. She is not seeking to avoid mere embarrassment,
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  but rather to protect her physical and mental well being.
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  It is well known that victims of sexual crimes are
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  often not believed and have their reputations put into question.
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  Thus identification of her poses a serious risk of retaliatory
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  harm to her, and the estate will not be prejudiced
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  because her identity will be known to it and their counsel,
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  and thus they will be able to properly investigate her claim.
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  As such, the court here should find the totality of
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  the factors in circumstances favor anonymity. Wherefore, claimant praise that
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  the Court grant a her emotion seeking the right to
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  proceeding in this action under pseudonym in its entirety, and
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  see all other further relief as this Court may deem
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  just and proper. This document was dated the sixth of
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  March of twenty twenty and it was signed by AJ
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  Weiss and associates. All Right, folks, that's going to do
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  it for this one. All of the information that goes
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  with this episode can be found in the description box.