EFTA02729603.pdf

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: CA 2008CF009381A>a STATE, vs. EPSTEIN, JEFFREY E, Defendant. MOTION TO INTERVENE AND SUPPORTING MEMORANDUM OF LAW COMES NOW, Applicant, B.B. and requests this Court, pursuant to Florida Rule of Civil Procedure 1.230, for leave to intervene as a party in Mr. Epstein's criminal matter for the following reasons: 1. Applicant's intervention is in subordination to, and in recognition of, the propriety of the main proceeding. 2. Applicant stands to either gain or lose by the court's direct legal operation and effect ofjudgment in the pending matter. 3. Applicant is not injecting a new issue into the pending matter. 4. Applicant's motion to intervene is timely. 09/12/2019 Page Agency to Agency Requet: 19-011 CONFIDENTIAL SDNY_GM_0033111192 EFTA_002046 EFTA02729603  5. Defense counsel, Robert Critton, Jr. in the civil matter, does not object to Applicant's motion, but Plaintiff's counsel has not heard back from Defendant Epstein's criminal counsel, Jack Goldberger as to whether he opposes this motion. MEMORANDUM OF LAW Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion. Fla.R.Civ.P. 1.230. "A person seeking leave to intervene must claim an interest of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment." Litvak v. Scylla Properties LLC, 946 So.2d 1165, 1172 (Fla. 5ih DCA 2006). Additionally, "an intervenor my not inject a new issue into the case." Environmental Confederation of Southwest Florida, Inc., v. IMC Phosphates, Inc., 857 So.2d 207, 211 (Fla.1° DCA 2003). "An intervention is thus only appropriate where the issue the intervenor raises are related to the case being litigated." Racing Properties, L.P., v. Baldwin, 885 So.2d 881, 883 (Fla. 3rd DCA 2004). Once the trial court determines that the intervenor's interest is sufficient, it exercises its discretion to determine whether to permit intervention. Union Cent. Life Ins. Co. v. Carlisle 593 So.2d 505, 507 (Fla. 1992). "In deciding this question the court should consider a number of factors, including the derivation of the interest, any pertinent contractual language, the size of the interest, the potential for conflicts or new issues, and any other relevant circumstance." W. Finally, an intervention is generally considered timely if it is made before a final decree has been entered. Sec Technical Chemicals And PSucts Inc., v. Porchester Holdings, Inc. 748 So.2d 1090, 1091 (Fla. 4th DCA 2000). 09112;2019 an Agency to Agency Reque219-411 C0Kir115ENTIAL SDNY_GM_00331893 EFTA 00204619 EFTA02729604  Applicant's proposed intervention is subordinate and in recognition of the propriety of the main proceeding. Additionally, Applicant will not inject any new issue into Mr. Epstein's criminal case. In fact, Applicant's intervention is for the limited purpose of joining already intervening parties "E.W." and "the Palm Beach Post" in their arguments regarding the sealed Federal non-prosecution agreement in Mr. Epstein's criminal file. Finally, Applicant's interest is of such a direct and immediate character that the Applicant stands to either gain or lose by the court's judgment in the pending matter. The Applicant currently has a civil complaint against Mr. Epstien regarding allegations similar to those in this pending criminal mater. The sealed document may contain discoverable information or may lead to the discovery of new relevant information. See Fla.R.Civ.P. 1.280(b)(1). Additionally, the document may contain valuable impeachment information that the Applicant would intend to use if the Applicant's civil case proceeded to trial. WHEREFORE, Applicant, B.B., respectfully requests the Court grant &B.'s motion to intervene in the pending criminal matter. 09/12/2019 Agency to Agency Roque: 19.411 C0NirelaolENTIAL SDNY_GM_00331894 EFTA 00204620 EFTA02729605  CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, thist day ofi , lehtfi to Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 515 North Flagla Drive, Suite 400, West Palm Beach, FL 33401. LEOPOLD-KUVIN, PA 2925 PGA Boulevard Suite 200 Palm Be Gardens, FL (561) 5 5-1 (561) 5 5- • By: ENC T. KUV1N, Esq. Florida ar No.: 089737 09112/2019 Agency to Agency Requet: 19-411 4 C0grialYE NTIAL SDNY_GM_00331895 EFTA_00204621 EFTA02729606  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant •1 r MOTION TO MAKE COURT RECORDS CONFIDENTIAL Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule of Judicial Administration 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008. B. A document referred to as "The Addendum to the Non-Prosecution Agreement" filed under seal in the court file on August 25, 2008. 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009. 4. This Court granted Non-Party E.W. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on E. W.'s Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. 9971272C 7 9 Agency to Agency Roque: 19-411 CONFIDENTIAL T SDNYGM_00331896 EFTA_00204622 EFTA02729607  5.. The documents should remain confidential for the following reasons: a. To prevent a serious imminent threat to the fair, impartial, and orderly administration of justice. b. To protect a compelling government interest. c. To avoid substantial injury to innocent third parties. d To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings, sought to be closed. WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maintaining them under seal. I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ. WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009. r -i54-•11 Notary Public State of Fl My Commission Expires 09/12/2019 Page3875 Agency to Agency Requet 19-411 CONFIDENTIAL SDNYGM_00331897 EFTA_00204623 EFTA02729608  WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via VU.S. Mail; /Facsimile; E Overnight Delivery to R. Alexander Acosta, United States Attorneys Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Deanna K. Shullman, 400 North Ashley Drive, Suite 1100, P.O.Box 2602 (33601) Tampa, FL 33602, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, 515 N. Flagler Dr. Suite 400, West Palm Beach, Florida 33401. this 11 day of June, 2009. BURMAN, CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & 515 N. Flagler Dr. Suite 400 WEISS, P.A. West Palm Beach, Florida 33401 250 Australian Avenue South 561-842-2820 Suite 1400 West Palm Beach, Florida 33401 561.659-8300 OBERT D. CRITTON, ESQ. CK A. GOLDBERGER, ESQ lorida Bar No.224162 lorida Bar No. 262013 09/12/2019 lage3876 Agency to Agency Requet 19-411 CONFIDENTIAL SDNY_GM_003311398 EFTA_00201624 EFTA02729609