EFTA02729831.pdf

• IN THE CIRCUIT COURT OF THE PEETEENTH-Rdbleirten't Las IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION STATE OF FLORIDA, vs. Case Nos.2006-CF9454 AMC JEFFREY EPSTEIN, 2008-938 ICF AXX Defendant. NONPARTY E.W.'S MOTION TO VACATE ORDER SEAT JNG RECORDS AND UNSEAL RECORDS E.W., a nonparty, moves pursuant to the Rides of Judicia l Administration Rule 2.420(d)($) to vacate the order sealing records and unseal two documents in these ftles• on the following grounds: 1. EW is a victim of sexual abuse by defendant who was convicted of procuring a person under 18 fbr prostitution and felony solicitation 1a of prostitution. See attached judgments of conviction (Exhibit "A".) B.W. presently has a pending civil action in this U court against defendant for damages. Case number 502008 CA028051OOOOCMB AB. 2. On June 30, 2008 and August 25, 2008, this Court sealed two documents, a 11 non-prosecution agreement and an addendum to non -prosecution agreement. See attached copies of envelopes containing the sealed docum 11 ents and also an Agreed Order Sealing Document In Court File entered July Z 2008 (Exhibit "a") U 3. The sealing of these doctnnents was done withou t written motion required by U Rule 2.420(d)(1) or notice to the public, the media, the of defendant required by Rule 2.420(d)(2). The Agreed record newspaper and the victims U Order does not set forth the U 09112/2019 Agency to Agency Requet: 19-411 CONFPIDENTIAL SDNY_GM_00332121 EFTA 00204847 EFTA02729831  f, grounds set forth in Rule 2.420(d)(3). The clerk of court did not post a copy of the notice of the order as required by Rule 2.420(dX4). 4. The sealing of these documents was also done contrar y to the Administrative Orders of this Court, AO 2.104, 2.032, 2.303 and 11.046. 5. The request to seal the first document was made orally at the plea hearing on June 30, 2008. A copy of the relevant portion of the transcript is attached (see pages 38- 40) (Exhibit "C".) 6. It is against public policy for these documents to have been sealed and hidden from public; scrutiny. As a member of the public, B.W. has a right to have these documents unsealed. Furthermore, these documents are relevan t and material to E.W.'s civil action against defendant. As stated in the plea colloquy, they were an inducement for defendant to enter into his guilty pleas. They are proper objects of discovery. However, unless they are unsealed, H.W. is unable to obtain them or utilize them in her case. 7. Pursuant to Rule 2.4200)(5), the Court must hold a hearing on this motion in open court. WHEREF0R13 movant requests the Court vacate the order sealing records and unseal the two documents. CERTIFICATE OF SERVICE Y CERTIFY that a true and correct copy of the foregoi ng has been served via T.J.S., Mjit and Facsmile this otiday of May, 2009 to: Jack Alan Goldberger, Esq., Aiterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401. 2 09/12/2019 Agency to Agency Requet: 19-411 CONFPIDENTIAL SDNY_GM_00332122 EFTA 00204848 EFTA02729832  ROTHSTBINitOSBNFEtui. Au-Liar Attorneys for Plaintiff 401 Bast Las Olaa Blvd., Suite 1650 Fort Lauderdale, Florida 33394 Telephone (954)522-3456 Telecopier (954) 527-8663 By Bradley J. Edwards Florida Bar No. 542075 bedwardserra-law.com Berger Florida Bar No. 197701 wberterfarra-law.com 3 09/12/2019 Agency to Agency Requet: 19-411 CONFPIDEN IDE TIAL SDNY_GM_00332123 EFTA_00204849 EFTA02729833