Court Records
Case 9:08-cv-80119-KAM Document 152 Entered on FLSD Docket 06/10/2009 Page 1 of 8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
JANE DOE NO. 2,
Plaintiff,
vs.
JEFFREY EPSTEIN
Defendant.
JANE DOE NO. 3,
Plaintiff,
vs.
JEFFREY EPSTEIN
Defendant.
JANE DOE NO. 4,
Plaintiff,
vs.
JEFFREY EPSTEIN
Defendant.
JANE DOE NO. 5,
Plaintiff,
JEFFREY EPSTEIN,
Defendant.
CASE NO.: 08-CV-80119-MARRA/JOHNSON
CASE NO.: 08-CV-80232-MARRA
CASE NO.: 08-CV-80380-MARRA/JOHNSON
CASE NO.: 08-CV-80381-MARRA/JOHNSON
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Doe 101 v. Epstein
Page 2
JANE DOE NO. 6,
Plaintiff,
JEFFREY EPSTEIN,
Defendant.
CASE NO.: 08-80994-CIV-MARRA
CASE NO.: 08-80993-CIV-MARRA
JANE DOE NO. 7,
Plaintiff,
JEFFREY EPSTEIN
Defendant.
C.M.A., CASE NO.: 08-80811-CIV-MARRA
Plaintiff
JEFFREY EPSTEIN
Defendant.
JANE DOE, CASE NO.: 08-80893-CIV-MARRA
Plaintiff,
JEFFREY EPSTEIN et al,
Defendants.
DOE II, CASE NO.: 09-80469-CIV-MARRA-
Plaintiff;
JEFFREY EPSTEIN et al,
Defendants.
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Doe 101 v. Epstein
Page 3
JANE DOE NO. 101,
Plaintiff,
JEFFREY EPSTEIN
Defendant.
JANE DOE NO. 102,
Plaintiff,
JEFFREY EPSTEIN,
Defendant.
CASE NO.: 09-80591-CIV-MARRAMMI
CASE NO.: 09-80656-CIV-MARRAME
DEFENDANT EPSTEIN'S RESPONSE TO PLAINTIFFS JANE DOE NOS 101 AND 102'S
MOTION FOR LEAVE TO FILE UNDER SEAL RESPONSE IN OPPOSITION TO
DEFENDANT'S MOTION TO STAY OR, IN THE ALTERNATIVE, TO UNSEAL THE
NONPROSECUTION AGREEMENT (dated 5/29/09. IDE 1281
Defendant, JEFFREY EPSTEIN, ("EPSTEIN"), by and through his undersigned
attorneys responds to the Plaintiffs' Jane Doe No. 101 and Jane Doe No. 102 ("Plaintiffs")
Motion For Leave To File Under Seal Response In Opposition To Defendant's Motion To Stay
Or, In The Alternative, To Unseal The Nonprosecution Agreement, and states:
1. This Court has already entered orders preserving the confidentiality of the Non-
Prosecution Agreement ("NPA") and denying prior attempts to have the document unsealed. See
Court's Orders, attached hereto as Exhibit A and Exhibit B, respectively, entered in In Re: Jane
Does 1 and 2. Petitioners Case No. 08-80736-CIV-MARRAIMM, A. Order To Compel
Production And Protective Order, [DE 26], dated August 21, 2008, and B. Order [DE 36], dated
February 12, 2009, on Petitioners' Motion To Unseal Non-Prosecution Agreement [DE 28].
Both of these Orders are clear that the terms of the NPA are to remain confidential and remain
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Doe 101 v. Epstein
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protected from being disclosed to third parties. The NPA is an agreement between the United
States Attorney's Office and EPSTEIN. Plaintiffs' motion presents nothing in support of this
Court modifying its prior orders.
2. Significantly, even the United States Attorney's Office (USAO), along with
Defendant, has strongly opposed making the NPA public. Attached as Exhibit C hereto is
Respondent United States of America's Opposition To Victims' Motion To Unseal Non-
Prosecution Agreement, dated October 8, 2008, [DE 29], also filed in In Re: Jane Does 1 and 2,
Petitioners, Case No. 08-80736-CIV-MARRAta In opposing the petitioners' attempts
to make public the terms of the NPA, the United States in the Response, Exhibit C, stated:
Since the Agreement (NPA) has not been filed under seal with this Court, the
legal authority cited by petitoners regarding sealing of documents, United States v.
Ochoa-Vasque 428 F.3d 1015 (11`" Cir. 2005), is inapposite. The parties who
negotiated the Agreement, the United States Attorney's Office and Jeffrey Epstein,
determined the Agreement should remain confidential. They were free to do so, and
violated no law in making such an agreement. Since the Agreement has become
relevant to the instant lawsuit, petitioners have been given access to it, upon the
condition that it not be disclosed further. Petitioners have no legal right to disclose
the Agreement to third parties, or standing to challenge the confidentiality provision.
After the United States' response, Exhibit C, this Court entered its Order, Exhibit B,
agreeing with the United States' position and maintaining the confidentiality of the NPA in
accordance with its prior Order, Exhibit A. The "victims" who were provided a copy of the
NPA were and are required to maintain the NPA's confidentiality and not disclose the terms to
third parties.
3. Other parties in the consolidated cases have been able to file their responses
without a similar request being made. Defendant believes that these Plaintiffs can fully respond
without the need to file under seal; and reference provisions generally. However if the Court is
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Doe 101 v. Epstein
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inclined to grant this Order, then in order to continue to protect the confidentiality of the NPA
and to comply with the Court's prior Orders, Exhibit A and Exhibit B, Defendant would agree
to allow Plaintiff to file under seal her response and reference only those portions (identified
herein) of the NPA which are potentially relevant to the issues arising under claims brought
pursuant to 18 U.S.C. §2255 and thus, that may have impact on Defendant's motion for stay and
Plaintiff's response thereto. Specifically, the only portions relevant for this Court to make a
decision on Defendant's motion and Plaintiffs' response are paragraphs 7, 8, 9, and10 of the
NPA, and paragraphs 7A, 7B, and 7C of the Addendum To The NPA.
WHEREFORE, Defendant requests that this Court enter an Order denying any attempts
by Plaintiffs to unseal or make public or to disclose to third parties the terms of the NPA, and to
deny Plaintiffs move to file their response under seal; or if the Court is inclined to grant the
motion, to allow Plaintiff to file her response to the motion to stay and only the specified
portions of the NPA and Addendum thereto under seal.
Certificate of Service
I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the
Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this
day on all counsel of record identified on the following Service List in the manner specified by
CM/ECF on this 10th day of June , 2009
Respectfully sub tted,
By:
ROBERT D. RITTON, JR., ESQ.
Florida Bar o. 224162
rcritQbelclaw.com
MICHAEL J. PIKE, ESQ.
Florida Bar #617296
mpikeabc1claw.com
BURMAN, CRITTON, LUTHER & COLEMAN
515 N. Flagler Drive, Suite 400
West Palm Beach, FL 33401
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Doe 101 v. Epstein
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561/842-2820 Phone
561/515-3148 Fax
(Counsel for Defendant Jeffrey Epstein)
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Doe 101 v. Epstein
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Certificate of Service
Jane Doe No. 2 v. Jeffrey Epstein
Case No. 08-CV-80119-MARRAMOHNSON
Stuart S. Mermelstein, Esq.
Adam D. Horowitz, Esq.
Mermelstein & Horowitz, P.A.
18205 Biscayne Boulevard
Suite 2218
Miami, FL 33160
[Phone Redacted]
Fax: [Phone Redacted]
[Email Redacted]
ahorowitz®sexabuseattomev.com
Counsel for Plaintiffs in Related Cases Nos.
08-80069, 08-80119, 08-80232. 08-80380, 08-
80381, 08-80993, 08-80994
Richard Horace Willits, Esq.
Richard H. Willits, P.A.
2290 10th Avenue North
Suite 404
Lake Worth, FL 33461
[Phone Redacted]
Fax: [Phone Redacted]
Counsel for Plaintiff in Related Case No. 08-
80811
[Email Redacted]
Jack Scarola, Esq.
Jack P. a Esq.
Searcy Denney Scarola Barnhart & Shipley,
P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
[Phone Redacted]
Fax: [Phone Redacted]
[Email Redacted]
iph®searcylaw.com
Counsel for Plaintiff, C.M.A.
Brad Esq.
Rothstein Rosenfeldt Adler
401 East Las Olas Boulevard
Suite 1650
Fort Lauderdale, FL 33301
Phone: [Phone Redacted]
Fax: [Phone Redacted]
bedwardserra-law.com
Counsel for Plaintiff in Related Case No. 08-
80893
Paul G. Cassell, Esq.
Pro Hac Vice
332 South 1400 E, Room 101
Salt Lake City, UT 84112
[Phone Redacted]
[Phone Redacted] Fax
cassellp(alaw.utah.edu
Co-counsel for Plaintiff Jane Doe
Isidro M. ER Esq.
Law Firm, P.A.
224 Datura Street, Suite 900
West Palm Beach, FL 33401
[Phone Redacted]
[Phone Redacted] F
[Email Redacted]
Counsel for Plaintiff in Related Case No. 08-
80469
Robert C. Josefsberg, Esq.
Katherine W. Ezell, Esq.
Podhurst Orseck, P.A.
25 West Flagler Street, Suite 800
Miami, FL 33130
[Phone Redacted]
Fax: [Phone Redacted]
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Doe 101 v. Epstein
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Bruce Reinhart, Esq.
Bruce E. Reinhart, P.A.
250 S. Australian Avenue
Suite 1400
West Palm Beach, FL 33401
[Phone Redacted]
Fax: [Phone Redacted]
ecfrabrucereinhartlaw
Counsel for Defendant
Theodore J. Leopold, Esq.
Spencer T. Kuvin, Esq.
Ricci-Leopold, P.A.
2925 PGA Blvd., Suite 200
Palm Beach Gardens, FL 33410
[Phone Redacted]
Fax: [Phone Redacted]
Counsel for Plaintiff in Related Case No. 08-
08804
[Email Redacted]
tleopoldOsiccilaw.com
riosefsbergftodhurst.com
kezellanodhurst.com
Counsel for Plaintiffs in Related Cases Nos.
09-80591 and 09-80656
Jack Alan Goldberger, Esq.
Atterbury Goldberger & Weiss, P.A.
250 Australian Avenue South
Suite 1400
West Palm Beach, FL 33401-5012
[Phone Redacted]
Fax: [Phone Redacted]
jaaesq(abellsouth.net
Counsel for Defendant Jeffrey Epstein
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