EFTA00880972.pdf

From: Jeffrey Epstein <[email protected]> To: Martin Weinberg Subject: Re: Date: Fri, 19 Jun 2009 13:03:42 +0000 add HAD AT THE VERY SAME TIME TO MAKE CLEAR added this fn before conclusion upon receiving Bob's info on Jane Doe II: FN — That Jane Doe 101 did not meet the threshold requirements for the imposition of the waiver of liability portion of par 8 of the NPA is demonstrated by the filings of Jane Doe II in 09-80469-CIV-Marra, a federal lawsuit bring "exclusively 2255" claims while Jane Doe II had AT THE VERY SAME TIME a separate state court suit seeking damages against Epstein for sexual assault and conspiracy. Jane Doe II first claimed the benefits of the NPA but then withdrew that claim at the June 12, 2009 hearing agreeing that the state filing negated the "exclusivity" of the federal 2255 lawsuit. On the current record, nothing prevents Jane Doe 101 from filing a parallel state court claim thus she has not, by affirmative waiver filed before the challenged Motion to Dismiss, committed herself to a litigation strategy that would potentially qualify her for the waiver of liability obligation On Fri, Jun 19, 2009 at 9:01 AM, Martin Weinberg < wrote: I added this fn before conclusion upon receiving Bob's info on Jane Doe II: FN - That Jane Doe 101 did not meet the threshold requirements for the imposition of the waiver of liability portion of par 8 of the NPA is demonstrated by the filings of Jane Doe II in 09-80469-CIV-Marra, a federal lawsuit bring "exclusively 2255" claims while Jane Doe II had a separate state court suit seeking damages against Epstein for sexual assault and conspiracy. Jane Doe II first claimed the benefits of the NPA but then withdrew that claim at the June 12, 2009 hearing agreeing that the state filing negated the "exclusivity" of the federal 2255 lawsuit. On the current record, nothing prevents Jane Doe 101 from filing a parallel state court claim thus she has not, by affirmative waiver filed before the challenged Motion to Dismiss, committed herself to a litigation strategy that would potentially qualify her for the waiver of liability obligation --- Original Message --- From: Jeffrey Epstein To: Martin Weinberg • Jay Lefkowitz • Darren Indyke Sent: Friday, June 19, 2009 8:44 AM EFTA00880972