EFTA00799857.pdf

Case 9:08-cv-80736-KAM Document 412 Entered on FLSD Docket 08/11/2017 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 9:08.80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 v. UNITED STATES UNOPPOSED MOTION OF JANE DOE 1 AND 2 TO EXCEED PAGE LIMITS IN THEIR RESPONSE TO THE GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT COME NOW Jane Doe 1 and Jane Doe 2 (hereinafter "the victims"), by and through undersigned counsel, to file this unopposed motion for leave to file a 64-page response to the Government's motion for summary judgment. As the Court is aware, this is a complex, long-running case, involving important and precedent setting issues concerning the Crime Victims' Rights Act. Because of the complexity of the case, the Court granted the victims leave to file a single, sixty-page motion for summary judgment, which included 157 separate assertions of material fact. DE 361 at 8-47. In response, the Government has filed three separate documents: First, the Government has filed a twenty- page Response to Petitioners' Statement of Undisputed Material Facts in Support of Petitioners' Motion for Partial Summary Judgment, DE 407; second, the Government has filed its own 8- page Statement of Undisputed Material Facts in Support of Cross-Motion for Summary Judgment, DE 402; and third, the Government filed a 30-page Response and Opposition to Petitioners' Motion for Partial Summary Judgment and Cross-Motion for Summary Judgment, 1 EFTA00799857 Case 9:08-cv-80736-KAM Document 412 Entered on FLSD Docket 08/11/2017 Page 2 of 4 DE 401-2. These three documents total 58 pages and raise ten separately-enumerated and argued reasons why the Court should, in the Government's view, grant summary judgment on all of the victims' claims. S.D.Fla. L.R. 7.1(c)(2) provides that an opposing memorandum of law shall not exceed twenty (20) pages, absent prior permission of the Court. The victims accordingly seek permission from the Court to file an xx-page response. Victims' counsel have worked diligently to keep their response as short as possible. But each of the Government's arguments presents complicated issues requiring a careful response. For example, Part H requires the victims to collect the relevant psychological literature on the response of sex abuse victims to their abuse. Part III requires discussion of a new Act of Congress amending the CVRA in 2015, which the Government argues is relevant to this case. The vast majority of the Government's arguments were not even discussed in the victims' opening pleading, which contained only a 13-page argument section. Victims' counsel have conferred with respondent's counsel, and they graciously do not oppose the motion. WHEREFORE, the victims respectfully request leave of the Court to file a 64-page response to the Government's motion for summary judgment. A proposed order is attached. DATED: August II, 2017 Respectfully Submitted, /s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 2 EFTA00799858 Case 9:08-cv-80736-KAM Document 412 Entered on FLSD Docket 08/11/2017 Page 3 of 4 Fort Lauderdale Florida 33301 Telephone Facsimile E-mail: And Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah. 332 S. 1400 E. Salt Lake C' Telephone: Facsimile: Attorneysfor Jane Doe #1 and Jane Doe #2 • This daytime business address is provided for identification and correspondence purposes only and is not intended to imply institutional endorsement by the University of Utah 3 EFTA00799859 Case 9:08-cv-80736-KAM Document 412 Entered on FLSD Docket 08/11/2017 Page 4 of 4 CERTIFICATE OF SERVICE I certify that the foregoing document was served on August 11, 2017, on the following using the Court's CM/ECF system: Dexter Lee A. Marie Villafafia 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Fax: (561) 820-8777 E-mail: [email protected] E-mail: ann.marie.c.villafanaeusdoj.gov Attorneys for the Government /s/ Bradley J. Edwards 4 EFTA00799860 Case 9:08-cv-80736-KAM Document 412-1 Entered on FLSD Docket 08/11/2017 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 9:08-cv-80736-KAM JANE DOE I AND JANE DOE 2, Petitioners, v. UNITED STATES, Respondent. 1PROPOSEDLORDER GRANTING UNOPPOSED MOTION OF JANE DOE 1 AND 2 TO EXCEED PAGE LIMITS IN THEIR RESPONSE TO THE GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT This matter is before the Court on petitioner Jane Doe 1 and Jane Doe 2's Unopposed Motion To Exceed Page Limits In Their Response to The Government's Motion For Summary Judgment (DE ). It is hereby ORDERED AND ADJUGED that: I. The motion (DE ) is GRANTED. 2. The Court shall allow Jane Doe #1 and Jane Doe #2 to file a 64-page response to the Government's Motion for Summary Judgment. DONE AND ORDERED in chambers at West Palm Beach, Palm Beach County, Florida, this day of August, 2017. KENNETH A. MARRA United States District Judge EFTA00799861