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Filing # 100318950 E-Filed 12/13/2019 05:23:13 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 20I 9CA014681XVOC MB AG CA FLORIDA HOLDINGS, LLC, Publisher of THE PALM BEACH POST, Plaintiff, vs. DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, SHARON R. BOCK, as Clerk & Comptroller, Palm Beach County, Florida, Defendants. cis cos DEFENDANT, SHARON R. BOCK, AS CLERK & COMPTROLLER, PALM BEACH COUNTY'S MOTION TO DISMISS DEFENDANT, Sharon it Bock, as &‘'SOMptroller, Palm Beach County, pursuant to the Florida Rules of Civil Procedure by files this Motion to Dismiss the Complaint of Plaintiff; CA Florida Holdings, isher of The Palm Beach Post, and as grounds states as follows: f. Areumen ItcZir Standard of Review a. plaintiff Fails to State a Cause of Action To state a cause of action, a complaint must allege sufficient ultimate facts to show that the pleader is entitled to relief. Florida Rules of Civil Procedure 1.110(b) requires "a short and plain statement of the ultimate facts showing that the pleader is entitled to relief." In reviewing an order granting a motion to dismiss for failure to state a cause of action, the Court must accept as true all well-pled allegations in a complaint, and it must draw all reasonable inferences in favor of the FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 12/13/2019 05:23:13 PM EFTA02732514 pleader. Whether a complaint is sufficient to state a cause of action is an issue of law. W.R. Townsend Contracting, Inc. v. Jensen Civil Construction, Inc., 728 So. 2d 297, 299, (Fla. 1st DCA 1999). When a trial court rules on a motion to dismiss, the trial court is confined to the allegations within the four comers of the Complaint, must accept these allegations as true, and may not speculate as to what the true facts ma nI e or what facts may ultimately be proved in the trial of the cause. See Al-Mv. Holder, 787 So. 2d 939, 941 (Fla. 2d A 2001); Infinite v. Union Cent. Life Ins. Co., 809 So. 2d 13 3d DCA 2002). The purpose of a motion to dismiss is to determine whether the pla leged a viable cause of action. Hammon v. Buckeye Cellulose Corp., 285 So. 7, 1 a. 1973). In fact, "[d]espite the elemental proposition that on a motion to dismi lure to state a cause of action all allegations are taken as true, [a] court will not `by inf ference or speculations supply essential averments that are lacking.'" v. E ce Corp., 708 So. 2d 997, 1000 (Fla. Stec3d DCA 1998); see also Conley v. Shuns we .A., 616 So. 2d 523, 524-25 (Fla. 3d DCA 1993). Taking the facts alleged state a cause of action against t , and therefore, the Complaint against the Clerk should be rc?` dismissed because u der n e r of facts can the Plaintiff state a cause of action for which relief can be granted. 0 exhibits attached to the Complaint, Plaintiff failed to COUNT I (Florida Statutes Section 905.27) Admittedly, Fla. Stat. § 905.27, sets forth possible exceptions to the disclosure of grand jury testimony. Plaintiff here brings an attempted cause of action under the same statute; however, a review of the statute in question reveals that no cause of action is provided for therein, and therefore, Plaintiff's Complaint must be dismissed as a matter of law. 2 EFTA02732515 Moreover, a review of the statute at issue clearly indicates that even if § 905.27, Fla. Stat. provided a basis for an independent cause of action, Plaintiff is barred from access to the records it seeks for the purposes it has set forth as Fla. Stat. § 905.27(2) states: When such disclosure is ordered by a court pursuant to subsection (1) for use in a civil case, it may be disclosed to all parties to the case and to their attorneys and by the latter to their legal associates and employees. However the grand jury testi ny afforded such persons by the court can only be used in the defense or vrosec of the civil or criminal case and for no other purpose whatsoever. Here, despite the clear statutory guidelines for disclosure of grand ' 'als in a civil case, Plaintiff is improperly seeking the requested 2006 grand jury ateri or the purposes of eic,public disclosure and publication pursuant to the court's inhere ority and supervisory powers over the grand jury. Again, even if Plaintiff properlyassertM 905.27, the statute unambiguously states that gran or prosecution of the civil or criminal case an different from Plaintiff's intended pu Stat. & 905.27(2). use of action under Fla. Stat. ony "can only be used in the defense er purpose whatsoever", which is distinctly lic disclosure of the grand jury evidence. Fla. C CONCLUSION Here, the Cle olvement in this action is as the custodian of the record as set forth in section 28. Fl Statute. This duty includes keeping grand jury records confidential pursuant 905.27, Florida Statute. The Clerk must follow strict statutory guidelines to maintain t e record's confidentiality. Further emphasizing the statutory intent of confidentiality, section 905.395 Florida Statute even imposes a penalty for improper disclosure of grand jury proceedings or identity of persons, at the level of a felony of the third degree. Plaintiff's Complaint is an extensive recitation of the factual background regarding Jeffery Epstein and the testimony and evidence presented to the 2006 grand jury in Palm Beach County, 3 EFTA02732516 Florida. However, that recitation fails to state a cause of action for which relief can be granted. WHEREFORE, based on the foregoing argument and supporting authority, Defendant, Sharon R. Bock, as Clerk & Comptroller, Palm Beach County respectfully prays for the Court to grant this Motion to Dismiss with prejudice, provide direction to the Clerk as needed, and grant such other and further relief as the court deems proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has beermai led in compliance with the Florida Rules of Judicial Administration 2.516, on this 13 day of December, 2019, to: Stephen A. Mendelsohn, Esq., Greenberg Traurig, P.A., 5100 T,d6RltGenter Circle, Suite 400, Boca Raton, FL 33486, email: mendelsohnsagtlaw.com and . Wyler, Esq., 961687 Gateway Blvd., Suite 201-1, Fernandina Beach, FL 32034, e h zl w Hamp •n, General Counsel For ro ock, Clerk & Comptroller P x 229 de) one: Beach, FL 33402 el e: ([Phone Redacted] ervice: [Email Redacted] +6s 'I liair, BY: s/Hampton C. Peterson Florida Bar No. 331384 4 EFTA02732517