IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDREA CONSTAND, :

Plaintiff : CIVIL ACTION

:

v. : NO. 05-CV-1099

:

WILLIAM H. COSBY, JR., :

Defendant :

ORDER

AND NOW, this ____ day of __________ 2005, upon consideration of the Motion of 

Jane Doe Witnesses to Protect the Disclosure of their Names, supporting Memorandum of Law 

and opposition thereto, IT IS HEREBY ORDERED as follows:

1. The identity of the Jane Doe witnesses identified herein shall not be disclosed to the 

media. The parties are directed that the identities of the Jane Doe witnesses identified herein

shall not be disclosed to anyone other than the parties in this case, counsel for the parties, and 

any representatives working on their behalf.

2. The witnesses seeking protection herein shall be referred to as “Jane Doe” with a 

number suffix, e.g., “Jane Doe 1”, etc. in all discovery responses, transcripts, and court filings.

BY THE COURT:

_______________________

 J.

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 1 of 25
1

B. Joyce Dale, Esquire Attorneys for Plaintiff

I.D. No. 70093

Crime Victim’s Law Center

202 N. South Avenue

Media, PA 19063

Judith Rubino, Esquire

I.D. No. 14203

1528 J.F.K. Blvd., Suite 1204

Philadelphia, PA 19102

Ralph A. Jacobs, Esquire

I.D. No. 21387

Ralph A. Jacobs & Associates

215 S. Broad Street, 10th Floor

Philadelphia, PA 19107

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDREA CONSTAND, :

Plaintiff : CIVIL ACTION

:

v. : NO. 05-CV-1099

:

WILLIAM H. COSBY, JR., :

Defendant :

MOTION OF JANE DOE WITNESSES TO PROTECT 

DISCLOSURE OF THEIR NAMES OUTSIDE OF THIS LITIGATION

The Jane Doe witnesses specified below, by their undersigned counsel, move this Court 

for an order protecting their identity from the media. In support of their Motion, the Jane Doe 

witnesses rely on the accompanying Memorandum of Law, which is incorporated by reference as

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 2 of 25
2

 if fully set forth herein.

_______________________

B. Joyce Dale, Esquire

I.D. No. 70093

Crime Victim’s Law Center

202 N. South Avenue

Media, PA 19063

and

Judith F. Rubino, Esquire

I.D. No. 14203

1528 J.F.K. Blvd., Suite 1204

Philadelphia, PA 19102

and

Ralph A. Jacobs, Esquire

I.D. No. 21387

Ralph A. Jacobs & Associates

215 S. Broad Street, 10th Floor

Philadelphia, PA 19107

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 3 of 25
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDREA CONSTAND, :

Plaintiff : CIVIL ACTION

:

v. : NO. 05-CV-1099

:

WILLIAM H. COSBY, JR., :

Defendant :

MEMORANDUM OF LAW OF JANE DOE WITNESSES TO PROTECT

THE DISCLOSURE OF THEIR NAMES OUTSIDE THIS LITIGATION

This motion is filed by three separate counsel, B. Joyce Dale, Esquire, Judith Rubino, 

Esquire, and Ralph Jacobs, Esquire, who are each presently representing at least one Jane Doe 

witness in this litigation. The reasons for the relief sought are set forth below.

Plaintiff’s counsel have previously made clear the scope of the relief requested by the 

Jane Doe witnesses identified below. Each witness has come forward voluntarily to lend support 

to plaintiff’s case by testifying to similar events each has experienced with the defendant. None 

of the Jane Doe witnesses knows the plaintiff personally. None of the Jane Doe witnesses stands

anything to gain by coming forward at this time. Each of the Jane Doe witnesses is aware that 

her identity has been disclosed to defendant, and that defendant will have the right to take 

discovery as well as to cross-examine her. Each of the specified Jane Doe witnesses is willing to 

subject herself to such scrutiny within the context of this litigation; still, the Jane Doe witnesses 

specified below are not celebrities or public personalities. They wish their identities to be 

protected from the media to avoid the type of media frenzy associated with other celebrity cases, 

and already associated with this case. 

In fact, members of the media have called the plaintiff here, Andrea Constand, on her 

home telephone line, uninvited to do so, and have visited her at her home, similarly uninvited. 

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 4 of 25
4

On one occasion, a reporter showed up unexpectedly and without prior notice at plaintiff’s home 

with flowers, appearing to be a delivery man, in an attempt to solicit an “exclusive interview”. 

Moreover, the media attention has originated from many and multiple sources, and has been 

relentless. The media calls have stemmed from local newspapers and television stations as well 

as out-of-state newspapers, Canadian newspapers, The National Enquirer, CNN, FoxNews,

MSNBC, Celebrity Justice, and The Geraldo Rivera Show, to name but a few. The Jane Doe 

witnesses do not seek this attention, but more importantly, several of them are specifically 

requesting that they not be contacted or harassed as plaintiff was. Each Jane Doe witness is 

prepared to testify and be cross-examined here; however, none of the Jane Doe witnesses

specified below wishes to invite unsolicited media attention and the stress associated with it.

Counsel for the Jane Doe witnesses hereby incorporate plaintiff’s Motion to Protect the 

Identity of Rule 415 Jane Doe Witnesses as though fully set forth herein, which is attached 

hereto as Exhibit “A”. In addition, consistent with the Court’s June 2, 2005 Order, counsel for 

the Jane Doe witnesses submit the following reasons, supplied by the witnesses, all of which 

constitute good cause, pursuant to F.R.E 26(c), why the Jane Doe names should not be disclosed 

outside the scope of this litigation1.

1. JANE DOE NO. 1

Jane Doe No. 1 lives in a small town. She is a private person, as is her 87 year old father 

and 82 year old mother. She is not the type of person to invite media attention, nor does she or 

her family want it. She believes that she has a moral and civic obligation to participate here as a 

witness. At the same time, she believes that she and her elderly parents will be unable to cope 

 

1

 Counsel have not submitted affidavits or disclosures that would necessitate the signatures of the 

witnesses, given that the names have not previously been disclosed in a motion or pleading, and 

counsel are requesting in this motion that their names not be disclosed outside of this litigation.

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 5 of 25
5

with significant media attention or publicity, and will find it too stressful. She requests that her 

identity not be revealed to the media.

2. JANE DOE NO. 2

Jane Doe No. 2 suffers from and has been treated for bipolar disorder. She does not want 

her privacy invaded, and feels that such an invasion would be upsetting to her, would be

detrimental to her medical condition, and in fact might exacerbate her symptoms. She does not 

want to be contacted by the news, and does not want her family contacted. She believes that any 

unsolicited coverage or calls from the media will have a detrimental effect on her and her family, 

and will be a source of additional stress.

3. JANE DOE NO. 3

Jane Doe No. 3 values her privacy, and requests that it be respected. She does not want 

her privacy invaded. She believes that it would be devastating for her to be contacted by the 

press or by defendant’s fans or supporters. She believes that defendant’s fans or supporters 

might try to harass her, contact her, or otherwise give her a difficult time. Jane Doe No. 3 is also 

employed by a gambling casino; she believes that she could in fact lose her job if she is 

contacted at her place of employment, and further, that she could lose her job if the casino 

management has a problem simply with her being in the limelight because of her status as a Jane 

Doe witness here.

4. JANE DOE NO. 4

Jane Doe No. 4 does not want media attention or media contact, and believes it would be 

too stressful. She especially wants to protect the privacy of her family. Her husband has been 

ill, and has undergone brain surgery within the last month. As a result of his medical condition 

and treatment, she feels it is imperative that she and her family suffer no additional stress.

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 6 of 25
6

5. JANE DOE NO. 5

Jane Doe No. 5 is not requesting that her identity be kept private.

6. JANE DOE NO. 6

Jane Doe No. 6 does not want any notoriety, publicity, or media attention as a result of 

her involvement as a witness here. She wants her life to remain private and, most importantly, 

the same. She recognizes the time commitment associated with being a witness in these 

proceedings; still, she does not want the press interfering with her time outside of the scope of 

this case, or interfering with her ability to maintain her career or her contacts with her clients.

7. JANE DOE NO. 7

Jane Doe No. 7 does not want to be contacted by the news media, and does not want to 

suffer embarrassment from any such attention. She does not want her friends and family 

contacted, including her child who is starting a new school, or that child’s school. She also fears 

that her child may be subjected to harassment or ridicule if her name were revealed in the press. 

She has recently reentered therapy as a result of dealing with the psychological repercussions 

over the prior events with defendant, after coming forward here. She feels that media attention 

would exacerbate these stressful life events for her, and therefore, she asks that her identity not 

be released outside of this litigation.

8. JANE DOE NO. 8

Counsel hereby incorporates the separate Motion to Extend the Suspension Period of the 

Court’s Order Regarding the Identity of the Jane Doe Witnesses as to Jane Doe No. 8, submitted 

by plaintiff’s counsel, as though fully set forth herein.

9. JANE DOE NO. 9

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 7 of 25
7

Jane Doe No. 9 is not seeking, and does not want, any publicity or notoriety in 

connection with her participation here as a witness. She does not want to be contacted, bothered, 

or harassed by the media.

10. JANE DOE NO. 10

Jane Doe No. 10 believes that media attention will be humiliating, and she does not want

it. She does not want people showing up at her house, whether it be defendant’s fans, the press, 

or cameramen. She does not want any of these sources contacting her. She understands that as a 

witness, she will be deposed and will testify subject to cross-examination, but does not seek 

publicity, and does not want her name disclosed to others outside of this litigation.

11. JANE DOE NO. 11

Jane Doe No. 11 does not want to be harassed by the media or by others. She values her 

privacy, and requests that it be respected. She summed up her feelings in the following way: 

having already been a victim, she feels that she will be victimized again if her name is disclosed 

outside of this litigation.

12. JANE DOE NO. 12

Jane Doe No. 12 does not want to be contacted, bothered or harassed by the media, and 

believes that such contact would be intrusive.

For the reasons stated in the Motion to Protect the Identity of the Rule 415 Jane Doe 

Witnesses, as well as the individual good cause demonstrated herein, the above specified Jane 

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 8 of 25
8

Doe witnesses respectfully request the Court to protect the release of their names outside of this 

litigation, and requests that the Court order defendant not to disclose their names to others 

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 9 of 25
9

outside of this litigation.

Respectfully submitted,

______________________

B. Joyce Dale, Esquire

Attorney I.D. No. 70093

Crime Victim’s Law Center

202 N. South Avenue

Media, PA 19063

Attorney for Jane Doe Nos. 1-7 and

Jane Doe No. 9

and

Judith F. Rubino, Esquire

Attorney I.D. No. 14203

1528 J.F.K. Blvd., Suite 1204

Philadelphia, PA 19102

Attorney for Jane Doe No. 10 and 

Jane Doe No. 11

and

Ralph A. Jacobs, Esquire

Attorney I.D. No. 21387

Ralph A. Jacobs & Associates

215 S. Broad Street, 10th Floor

Philadelphia, PA 19107

Attorney for Jane Doe No. 12

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 10 of 25
10

EXHIBIT “A”

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 11 of 25
11

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDREA CONSTAND, :

Plaintiff : CIVIL ACTION

:

v. : NO. 05-CV-1099

:

WILLIAM H. COSBY, JR., :

Defendant :

ORDER

AND NOW, this ____ day of __________ 2005, upon consideration of Plaintiff’s Motion 

to Protect the Identity of Rule 415 Jane Doe Witnesses, supporting Memorandum of Law and 

opposition thereto, IT IS HEREBY ORDERED as follows:

1. The identity of the Jane Doe witnesses shall not be disclosed to the media. In order to 

assure this, their identities shall not be disclosed to anyone other than the parties in this case, 

counsel for the parties, and any representatives working on their behalf.

2. All Plaintiff’s Rule 415 witness shall be referred to as “Jane Doe” with a number 

suffix, e.g., “Jane Doe 1”, etc. in all discovery responses, transcripts and court filings.

BY THE COURT:

_______________________

 J.

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 12 of 25
TROIANI/KIVITZ, L.L.P. Attorneys for Plaintiff

Bebe H. Kivitz, Esquire

I.D. No.: 30253

Dolores M. Troiani, Esquire

I.D. No.: 21283

38 North Waterloo Road

Devon, PA 19333

(610) 688-8400

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDREA CONSTAND, :

Plaintiff : CIVIL ACTION

:

v. : NO. 05-CV-1099

:

WILLIAM H. COSBY, JR., :

Defendant :

PLAINTIFF’S MOTION TO PROTECT THE 

IDENTITY OF RULE 415 JANE DOE WITNESSES

Plaintiff Andrea Constand, by her undersigned counsel, moves this Court for an order 

protecting the identity of F.R.E. 415 witnesses from the media. In support of her Motion, 

plaintiff relies on the accompanying Memorandum of Law, which is incorporated by reference as 

if fully set forth herein.

TROIANI/KIVITZ, L.L.P.

 /s/ Bebe H. Kivitz

Bebe H. Kivitz, Esquire

Dolores M. Troiani, Esquire

Attorneys for Plaintiff

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 13 of 25
TROIANI/KIVITZ, L.L.P. Attorneys for Plaintiff

Bebe H. Kivitz, Esquire

I.D. No.: 30253

Dolores M. Troiani, Esquire

I.D. No.: 21283

38 North Waterloo Road

Devon, PA 19333

(610) 688-8400

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDREA CONSTAND, :

Plaintiff : CIVIL ACTION

:

v. : NO. 05-CV-1099

:

WILLIAM H. COSBY, JR., :

Defendant :

PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF HER MOTION 

TO PROTECT THE IDENTITY OF RULE 415 JANE DOE WITNESSES

Plaintiff Andrea Constand (“Constand”) submits this Memorandum of Law in support of 

her Motion to Protect the Identity of Rule 415 Jane Doe Witnesses. 

At trial, plaintiff will seek the admissibility of testimony of ten or more witnesses 

pursuant to F.R.E. 415. These witnesses – identified in Plaintiff’s “Self-Executing Disclosures” 

as “Jane Doe” witnesses – will testify about prior similar sexual assaults and/or drugging 

incidents perpetrated by the Defendant. See Plaintiff’s Self-Executing Disclosures pursuant to 

Federal R. Civ. Proc. 26(a) & 28 U.S.C. § 473(a)(4), attached hereto as Exhibit “A”. Plaintiff 

does not seek to protect the identity of these witnesses from defendant. However, because of the 

sensitive and personal nature of these witnesses’ testimony, plaintiff seeks to protect their 

identity from the press and the public by requesting the Court to issue a protective order, before 

their actual identities are revealed to defendant and his counsel. 

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 14 of 25
2

ARGUMENT

The Motion to Protect the Identity of the Jane Doe Witnesses should be granted 

because their Privacy Concerns Outweigh the Public’s right to know their Identity. 

Plaintiff proposes to identify the Jane Doe witnesses to defendant in this litigation, but

not identify them by name to the press. The anticipated testimony of the Jane Doe witnesses 

relates to the obviously sensitive subject matter of sexual assaults and/or druggings. Of equal 

concern is that disclosure of the witness’s identities may place them at risk of further physical 

and psychological harm from media exposure or from overly zealous fans and supporters of the 

celebrity defendant2. These concerns are critical because whether plaintiff should publicly 

disclose the identities of the Jane Doe witnesses rests upon a weighing of their privacy and 

security interests against the public’s need to know their names and addresses. 

Other Courts have weighed these interests and, typically, extend protection to testifying 

witnesses. In James v. Tilghman, 194 F.R.D. 398 (D. Conn. 1999), for example, the Court was 

confronted with a similar issue pertaining to a civil suit against the Connecticut Department of 

Corrections over its failure to protect the plaintiff inmate from sexual assaults by his cellmate. 

The plaintiff wished to call certain Rule 415 inmate witnesses, who had also been subject to 

sexual assaults by the same cellmate. In this instance, the defendant and not plaintiff knew the 

identities of the witnesses. Plaintiff filed a motion to compel discovery of the inmate identities 

and defendant filed a motion to preclude their identities. Id. at 399. The court held that 

disclosure of the inmate identities subjected them to a possible security risk and “in balancing the 

interests of all parties concerned” set forth procedures that required the cellmates’ consent as a 

precondition to disclosing their identities, otherwise disclosure would not be permitted. Id. at 

402.

 

2

 Indeed, this is not a specious concern. Although the press routinely declines to print the name of sexual assault 

complainants, in this case both plaintiff’s name and picture were published in various sources.

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 15 of 25
3

In another example, Jason Doe v. American Nat. Red Cross, 151 F.R.D. 71, 72 (S.D. 

W.Va. 1993), the Judge Magistrate performed a similar balancing analysis in determining 

whether the identity of a deceased blood donor should be disclosed to plaintiff transfusion 

recipient. The court ordered that the confidentiality of the donor identity be maintained but 

subject to limited disclosure for discovery purposes. Id. at 74-75, n.5. See also Landano v. U.S. 

Dept. of Justice, 956 F.2d 422, 430 -431 (3rd Cir. 1992) (no public interest in disclosure of 

names under FOIA request for FBI files where individuals involved have some privacy interest 

in not having names disclosed in connection with criminal investigation).

Likewise, in Carhart v. Ashcroft, 300 F. Supp.2d 921 (2004), an action to enjoin 

enforcement of the Partial-Birth Abortion Ban Act of 2003, plaintiffs moved to protect the 

identity of their expert witness who had performed the banned procedures. The court held that 

the witness, a non-party, was uniquely qualified to testify that his or her safety would be 

compromised by disclosure of the witness’s identity. Id. at 922. The court opined:

The court may take all reasonable steps necessary to protect the 

witness during discovery, at trial, and thereafter. See, e.g., Federal 

Rule of Evidence 611(a) ("The court shall exercise reasonable 

control over the mode and order of interrogating witnesses and 

presenting evidence so as to ... (3) protect witnesses from 

harassment or undue embarrassment") & Federal Rule of Civil 

Procedure 26(c) (permitting the court to make "any order which 

justice requires to protect a party or person from annoyance, 

embarrassment, oppression, or undue burden ...."). In extraordinary 

circumstances, "where the safety ... of a witness ... might be 

jeopardized by compelling testimony to be given under normal 

conditions, the courts have permitted testimony to be given in 

camera, outside the courtroom, or under other circumstances that 

afford protection." 28 Charles A. Wright & Victor J. Gold, Federal 

Practice and Procedure § 6164, at 350-51 (1993) (footnotes 

omitted).

Id. at 922 -923. See also Fluke v. Heidrick & Struggles, Inc., 2004 WL 884455, 2 (E.D. Pa 

2004) (in negligence suit against executive recruitment form, identities may be protected where 

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 16 of 25
4

disclosure of names and addresses would be harmful to search candidates and to defendant’s 

ability to perform executive searches); McMullan v. Wohlgemuth, 444 Pa. 563, 567, 281 A.2d 

836, 838 (1971) (Pennsylvania Right to Know Act excludes disclosure of information which 

would operate to the prejudice or impairment of a person's reputation or personal security). 

In the instant case, it is difficult to identify what public interest, if any, will be served by 

disclosing the identity to the media of the Jane Doe witnesses. The public, of course, will have 

access to the substance of the testimony; but the identity of the testifying witness will add little to 

the public’s knowledge of the proceedings. On the other hand, without the imposition of a 

confidentiality order and with fear of embarrassment and possible retaliation, there is a risk of 

harm to each of the witnesses should their identities become publicly broadcast. Clearly, the 

balance here weighs heavily in favor of preserving the privacy of the Jane Doe witnesses.

CONCLUSION

For all the foregoing reasons, Plaintiff Andrea Constand respectfully requests this Court 

to grant her Motion to Protect the Identity of Rule 415 Jane Doe Witnesses.

Respectfully submitted,

TROIANI/KIVITZ, L.L.P.

 /s/ Bebe H. Kivitz

Bebe H. Kivitz, Esquire

Dolores M. Troiani, Esquire

Attorneys for Plaintiff

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 17 of 25
CERTIFICATE OF SERVICE

I, Bebe H. Kivitz, hereby certify that Plaintiff’s Motion and Memorandum of Law to 

Protect the Identity of the Rule 415 Jane Doe Witness was filed electronically and is available for 

viewing and downloading from the ECF system. I further certify that a true and correct copy of 

said document was served via regular First Class mail, postage prepaid, on the following:

Patrick J. O’Connor, Esquire

Cozen O’Connor

1900 Market Street

Philadelphia, PA 19103

Andrew D. Schau, Esquire 

Patterson Belknap Webb & Tyler, LLP

1133 Avenue of the Americas

New York, NY 10036

TROIANI/KIVITZ, L.L.P.

 /s/ Bebe H. Kivitz

Bebe H. Kivitz, Esquire

Dolores M. Troiani, Esquire

Attorneys for Plaintiff

Date: April 19, 2005

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 18 of 25
2

EXHIBIT “A”

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 19 of 25
3

TROIANI/KIVITZ, L.L.P. Attorneys for Plaintiff

Bebe H. Kivitz, Esquire

I.D. No.: 30253

Dolores M. Troiani, Esquire

I.D. No.: 21283

38 North Waterloo Road

Devon, PA 19333

(610) 688-8400

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDREA CONSTAND, :

Plaintiff : CIVIL ACTION

:

v. : NO. 05-CV-1099

:

WILLIAM H. COSBY, JR., : 

Defendant :

SELF-EXECUTING DISCLOSURES PURSUANT TO

FEDERAL R. CIV. PROC. 26(a) & 28 U.S.C. §473(a)(4)

Plaintiff, by and through her counsel, Troiani/Kivitz, 

L.L.P., provides the following disclosures:

A. WITNESSES:

1. Andrea Constand

Confidential address

Pickering, Ontario

2. Gianna Constand

Confidential address

Pickering, Ontario

3. Detective Richard Shaffer

Cheltenham Township Police Dept.

8230 Old York Road 

Elkins Park, PA 19027

4. Lt. Richard Peffall

Montgomery County Detective Bureau

One Montgomery Plaza, Suite 502

Norristown, PA 19401

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 20 of 25
4

5. Jennifer Sprague

Psychotherapist

53 Rabbit Street

Lakefield, Ontario

6. William H. Cosby, Jr.

8210 New Second Street

Cheltenham, Pennsylvania

7. Barry Levine

The National Enquirer, Inc.

1000 American Media Way

Boca Raton, Florida 33464

8. Joe Tobin

Celebrity Justice

New York, New York

Fed. R. Evid. 415 Witnesses, as to prior sexual assaults:

9. Tamara Lucier Green, Esquire

Confidential address

Ventura, California

Plaintiff believes this witness is in the process of 

retaining legal counsel 

10. Jane Doe 1

Confidential address

Taos, New Mexico

Represented by Joyce Dale, Esquire, Media, PA

Witness may be contacted through her legal counsel

11. Jane Doe 2

Confidential address

Spring Hill, Florida

Represented by Joyce Dale, Esquire, Media, PA

Witness may be contacted through her legal counsel

12. Jane Doe 3

Confidential address

Las Vegas, Nevada

Represented by Joyce Dale, Esquire, Media, PA

Witness may be contacted through her legal counsel

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 21 of 25
5

13. Jane Doe 4

Confidential address

Portola Valley, California

Represented by Joyce Dale, Esquire, Media, PA

Witness may be contacted through her legal counsel

14. Jane Doe 5

Confidential address

Denver, Colorado

Plaintiff believes this witness is in the process of 

retaining legal counsel 

15. Jane Doe 6

Confidential address

Toledo, Ohio

Represented by Joyce Dale, Esquire, Media, PA

Witness may be contacted through her legal counsel

16. Jane Doe 7

Confidential address

Cave Creek, Arizona

Represented by Joyce Dale, Esquire, Media, PA

Witness may be contacted through her legal counsel

16. Jane Doe 8

Confidential address

Monument, Colorado

16. Jane Doe 9

Confidential address

Corralitos, California

Plaintiff believes this witness is in the process of 

retaining legal counsel 

Plaintiff reserves the right to supplement this list as a 

result of discovery and/or as additional information becomes 

known or available to her, as additional Jane Doe witnesses are 

located, or as additional Jane Doe witnesses who have contacted 

Plaintiff’s counsel indicate their willingness to be listed as 

trial witnesses.

B. DOCUMENTS

1. Documents constituting the criminal investigation in 

this matter.

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 22 of 25
6

2. Documents constituting transcripts of telephone 

conversations by Mr. Cosby and his authorized agents.

3. Relevant publications, including February 7, 2005, 

Celebrity Justice and March 4, 2005, Enquirer, and other 

relevant documents in possession of Celebrity Justice, The 

Enquirer, or other publications concerning Defendant’s 

statements, statements of his representatives or agents, and 

statements made by potential witnesses to representatives of 

such publications.

4. Documents within the possession of the New York County 

District Attorney’s Office and/or 19th Police Precinct, New York, 

NY, concerning Lachele Covington’s allegation of sexual assault 

made against Defendant in 2000.

Plaintiff reserves the right to supplement this list as a 

result of discovery and/or as additional information becomes 

known or available to her.

C. DAMAGES

Plaintiff has sustained emotional and psychological damage, 

including post-traumatic stress disorder, anxiety, depression, 

and humiliation.

TROIANI/KIVITZ, L.L.P.

________________________

Bebe H. Kivitz, Esquire

Dolores M. Troiani, Esquire

Attorneys for Plaintiff

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 23 of 25
7

CERTIFICATE OF SERVICE

I, Bebe H. Kivitz, hereby certify that Plaintiff’s Selfexecuting Disclosures was served via facsimile and U.S. mail, 

postage prepaid, on the following:

Patrick J. O’Connor, Esquire

Cozen O’Connor

1900 Market Street

Philadelphia, PA 19103

TROIANI/KIVITZ, L.L.P.

Date: April 6, 2005 ________________________

Bebe H. Kivitz

Dolores M. Troiani

Attorney for Plaintiff

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 24 of 25
CERTIFICATE OF SERVICE

I, B. Joyce Dale, hereby certify that on the date indicated below the undersigned served 

the Motion of Jane Doe Witnesses to Protect the Disclosure of their Names by facsimile and

U.S. First Class mail, postage prepaid, on the following:

Patrick J. O’Connor, Esquire

Cozen O’Connor

1900 Market Street

Philadelphia, PA 19103

Andrew D. Schau, Esquire 

Patterson Belknap Webb & Tyler, LLP

1133 Avenue of the Americas

New York, NY 10036

________________________

B. Joyce Dale, Esquire

Crime Victim’s Law Center

202 N. South Avenue

Media, PA 19063

Date: June 13, 2005

Case 2:05-cv-01099-ER Document 33 Filed 06/13/05 Page 25 of 25