EFTA02729648.pdf

06-04-'09 15:16 FROM-THOMAS & UXICER0 8139843070 T-995 F001/023 F-849 THOMAS IOCICFRO BRALOW 400 N. Ashley Driveo$Uite I I00•Tampa. FL 33602 813.984.3060 (Phone)s8I3-984-3070 (Fax) Toll Free: 866-395-7100 facsimile transmittal To: R. Alexander Acosta, Esq. Fax: (561) 820-8777 Judith Stevenson Arco, Esq. (561)355-7351 Michael McAuliffe, Esq. Jack Alan Goldberger, Esq. (561) 835-8691 Bradley J. Edwards, Esq. (954) 527.8663 William J. Berger, Esq. From: Deanna K. Shullman, Esq. Date: 06/04/2009 Re: State v. J. Epstein Pages: 6 Cc: Marilyn Judicial Assistant to Judge 561.355-1616 Colbath Urgent O For review n Please comment-O Please reply Please recycle fl Please see attached Motion to Intervene and Petition for Access CONFIDENTIALITY STATEMCNT This eketrome message transmission contains infommicti from the law form of Thomas, Latices* & &Maw PL and is ocelideetial or omitted. The information is minded to he foe the we of the individual or entity named *ova. If you se not the intended recipes. be aware that any disclosure. copying, drshibudon or use of the wawa *HIM inforandmi is prolitilted. If you here received din electronic umminission in gap, please notify in by telephone (ID) 964-3060 immediately. Thank you Brow rooporalion IRS Circuits 230 Disclosure To the extern this corrupondoece caul= federal tax Make, such advice was not Wended to a mod, end gonna be used by any taxpayer. fm the impose of (i) avoidest paella under the Wand Revenue Code or tilsounotins. makeDnj. or itoommoutios to grater party any transaction or meta 'darned Mein. If you would like us to prepare Wan= DX *Moo designedto provide penalty protectun, please counts Us and we well be happy to discuss the meta with you is more Dina 09/12/2019 confidentiatrncytoA CONFIDENTIAL ge ncyRe qu et:19,11 SDNY_GM_00331938 EFTA_00204664 EFTA02729648  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION STATE OF FLORIDA vs. Case Nos.: 2006-CF9454-AXX & 2008-938ICF-AX X JEFFREY EPSTEIN PALM BEACH POST'S MOTION TO INTERVENE AND PETITION FOR ACCESS Palm Beach Newspapers, Inc., d/bla The Palm Beach Post (the "Post") moves to intervene in this action for the limited purpose of seeking access to documents filed under seal. The documents relate directly to the Defendant's guilty plea and sentence. Thus, the sealed documents go to the heart of the disposition of this case. But in requesting that Judge Pucillo seal these documents, the parties failed to comply with Florida's strict procedural and substantive requirements for sealing judicial records. In addition, continued sealing of these documents is pointless, because these documents have been discussed repeatedly in open court records. For all of these reasons, the documents must be unsealed. As grounds for this Motion, the Post states: 1. The Post is a daily newspaper that has covered this matter and related proceedings. In an effort to inform its readers concerning these matters, the Post relies upon (among other things) law enforcement records and judicial records. 2. As a member of the news media, the Post has a right to intervene in criminal proceedings for the limited purpose of seeking access to proceedings and records. See Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113, 118 (Fla. 1988) (news media have standing to challenge any closure order); Miami Herald Publ'a Co. v. Lewis, 426 So. 2d I, 7 (Fla. 1982) (news media must be given an opportunity to be heard on question of closure). 09/12/2019 Agency to Agency Requet: 19-411 CONFIDENTIAL P SDNY_GM_00331939 EFTA_00204665 EFTA02729649  3. The particular documents under seal in this case are a non-prosecution agreement that was docketed on July 2, 2008, and an addendum docketed on August 25, 2008. Together, these documents apparently restrict any federal prosecution of the Defendant for offenses related to the conduct to which he pleaded guilty in this case. Judge Pucillo accepted the agreement for filing during a bench conference on June 30, 2008. The agreement, Judge Pucillo found, was "a significant inducement in accepting this plea." Such agreements and related documents typically are public record. Sec QrggsmianimbliakingCa.tUnitesLaSiairaDistriaCourt, 920 F.2d 1462, 1465 (9th Cir. 199O) ("plea agreements have typically been open to the public"). I Inked States v Kooislca, 796 F.3d 1390, 1390-91 (11th Cir. 1986) (documents relating to defendant's change of plea and sentencing could be sealed only upon finding of a compelling interest that justified denial of public access). 4. The Florida Constitution provides that judicial branch records generally must be open for public inspection. See Art. I, § 24(a), Fla. Const. Closure of such records is allowed only under narrow circumstances, such as to "prevent a serious and imminent threat to the fair, impartial and orderly administration ofjustice," or to protect a compelling governmental interest. See Fla. R. Jud. Admin. 2.420(cX9)(A). Additionally, closure must be effective and no broader than necessary to accomplish the desired purpose, and is lawful only if no less restrictive measures will accomplish that purpose. See Fla. R. Jud. Admin. 2. 420(c)(9)(B) & (C); Lewis, 426 So. 2d at 3. 5. In this case, the non-prosecution agreement and, later, the addendum were sealed without any of the requisite findings. Rather, it appears from the record, the documents were scaled merely because the Defendant's counsel represented to Judge Pucillo that the non- prosecution agreement "is a confidential document." See Plea Conference Transcript page 38 09/12/2079 Agency to Agency Requet: 19-017 CONFPI159gNTIAL SDNY_GM_00331940 EFTA_00204666 EFTA02729650 (June 30, 2008). Such a representation falls well short of demonstrating a compelling interest, a genuine necessity, narrow tailoring, and that no less restrictive measures will suffice. Consequently, the sealing was improper and ought to be set aside. 6. In addition, at this time good cause exists for unsealing the documents because of their public significance. Since the Defendant pleaded guilty to soliciting a minor for prostitution, he has been named in at least 12 civil lawsuits that — like the charges in this case — allege he brought and paid teenage girls to come his home for sex and/or "massages."' At least I I cases are pending. In another lawsuit, one of the Defendant's accusers has alleged that federal prosecutors failed to consult with her regarding the disposition of possible charges against the Defendant.2 State prosecutors also have been criticized: The Palm Beach Police Chief has faulted the State Attorney's handing of these cases as "highly unusual" and called for the State Attorney's disqualification. Consequently, this case — and particularly the Defendant's agreements with prosecutors - are of considerable public interest and concern. 7. The Defendant's non-prosecution agreement with federal prosecutors also was important to Judge Pucillo. As she noted in the June 2008 plea conference, "1 would view [the non-prosecution agreement] as a significant inducement in accepting this plea." See Plea Conference Transcript page 39. Florida law recognizes a strong public right of access to documents a court considers in connection with sentencing. Sec Sarasota Herald Tribune, Div. See, et, Doe v. Epstein Case No. 08-80069 (S.D. Fla. 2008); Doe No. 2 v. Epstein Case No. 08-80119 (S.D. Fla. 2008); Doe No. 3. v. Epstein Case No. 08-80232 (S.D. Fla. 2008); Doe No. 4. v. Epstein, Case No. 08-80380 (S.D. Fla. 2008); Doe No. 5 v. Epstein, Case No. 08- 80381 (S.D. Fla. 2008); C.M.A. v. Epstein Case No. 08-80811 (S.D. Fla. 2008); Doe v. Epstein, Case No. 08-80893 (S.D. Fla. 2008); Doe No. 7 v. Epstein, Case No. 08-80993 (S.D. Ha. 2008); Doc No. 6 v. Epstein Case No. 08-80994 (S.D. Fla. 2008)- Doe II v. Epstein, Case No. 09-80469 (S.D. Fla. 2009); Doe No. 101 v. Epstein Case No. 09-80591 (S.D. Fla. 2009) Doe No. 102 v. Epstein, Case No. 09-80656 (S.D. Fla. 2009); Doe No. 8 v. Epstein, Case No. 09-80802 (S.D. Fla. 2009). 2 See In rc: Jane Doe Case No. 08-80736 (S.D. Fla. 2008). 09/12/2019 Agency to Agency Requet: 19-411 CONFPlan NTIAL SDNY_GM_00331941 EFTA_00204667 EFTA02729651 of the New York Times Co. v. Holtzendorf, 507 So. 2d 667, 668 (Fla. 2d DCA 1987) ("While a judge may impose whatever legal sentence he chooses, if such sentence is based on a tangible proceeding or document, it is within the public domain unless otherwise privileged."). In this case, no interest justifies continued sealing of these "significant" documents that Judge Pucillo considered in accepting the plea and sentencing the Defendant. The lack of any such compelling interest —as well as the parties' failure to comply with the standards for sealing documents initially —provide good cause for unsealing the documents at this time. 8. Finally, continued closure of these documents is pointless, because many portions of the sealed documents already have been made public. For example, court papers quoting excerpts of the agreement have been made public in related federal proceedings.3 As the Florida Supreme Court has noted, "there would be little justification for closing a pretrial hearing in order to prevent only the disclosure of details which had already been publicized." Lewis 426 So. 2d at 8. Similarly, in this case, to the extent that information already has been made public, continued closure is pointless and, therefore, unconstitutional. 9. The Post has no objection to the redaction of victims' names (if any) that appear in the sealed documents. In addition, insofar as the Defendant or State Attorney seek continued closure, the Post requests that the Court inspect the documents in camera in order to assess whether, in fact, continued closure is proper. 3 See, e.g.. "Defendants Jeffrey Epstein and Sarah Kellen's Motion for Stay," C.M.A. v. Epstein, Case No. 08-80811 (S.D. Fla. July 25, 2008) (filed publicly Jan. 7, 2009). 09/12/2079 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331942 EFTA_00204668 EFTA02729652  WHEREFORE, the Post respectfully requests that this Court unseal the non-prosecution agreement and addendum and grant the Post such other relief as the Court deems proper. Respectfully submitted, THOMAS, LOCICERO & BRALOW PL pit W-41- A, agyOn (16 anna K. Shu Florida Bar No.: 0514462 James B. Lake Florida Bar No.: 0023477 101 N.E. Third Avenue, Suite 1500 Fort Lauderdale, FL 33301 Telephone: (813) 984-3060 Facsimile: (813) 984-3070 Attorneys for The Palm Beach Post CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via facsimile and U.S. Mail to: R. Alexander Acosta, United States Attorney's Office - Southern District, 500 S. Australian Ave., Ste. 400, West Palm Beach, FL 33401 (fax: 561-820-8777); Michael McAuliffe, Esq., and Judith Stevenson Arco, Esq., State Attorney's Office - West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401 (fax: 561-355-7351); Jack Alan Goldberger, Esq., Atterbury Goldberger, et al., 250 S. Australian Ave., Ste. 1400, West Palm Beach, FL 33401 (fax: 561-835-8691); and Bradley J. Edwards, Esq. and William J. Berger, Esq., Rothstein Rosenfeldt Adler, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394 (fax: 954-527-8663) on this 1st day of June, 2009. 09112/2019 Agency to Agency Requet: 19-011 CONFIbENTIAL SDNY_GM_00331943 EFTA_00204669 EFTA02729653  Tampa 40D N. Maley Dr., Ste. 1100. Tampa. FL 33002 P.O. Box 2002. Tempe. FL 33801-2602 THOMAS I OCICFRO FP 813 90 3080 fax 813-984-3070 toll five 888-395.7100 Ft. Lauderdale BRALOW f 01 N.E. Thad Ave.. Su. 1500 FL LlUdilfdale. FL 33301 oh 954-332-3619 lex 877-967-2244 tol hee 886-967.2009 Nene York City 220 E 42nd Si.. 1001 Floor New Yak. NY 10017 Pi 212-210-2893 lax 212-21D-2663 tetealeattita0.= Deanna K. Shuarnan Direct DOI: (561) 967-2009 Deanna.SlailmangtolawfirM.com Reply To Tampa June 1, 2009 VIA FEDERAL EXPRESS OVERNIGHT MAIL The Honorable Jeffrey Colbath Fifteenth Judicial Circuit-Palm Beach Palm Beach County Courthouse Main Judicial Complex 205 N. Dixie Highway, Room 11F West Palm Beach, FL 33401 Re: Dear Judge Colbath: Enclosed is a courtesy copy of non-party Palm Beach Newspapers, Inc. d/b/a The Palm Beach Post's (the "Post") Motion to Intervene and Petition for Access to certain court records in this case. It is our understanding that Bradley Edwards and William Berger of Rothstein Rosenfeldt Adler have filed a similar motion on behalf of a non-party known as "E.W.," and that E.W.'s motion is set for hearing on June 10, 2009. The Post requests an opportunity to be heard on the issue of access to these records at that time. Thank you for your consideration in this matter. Please do not hesitate to contact me with any questions or comments. Sincerely, THOMAS, LOCICERO & BRALOW PL i -etta at— Deanna K. Shullman `C)" n cc: Counsel of Record 09/12/2019 Agency to Agency Requet: 19-411 CONFPITTENTIAL SDNY_GM_00331944 EFTA_00204670 EFTA02729654  IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401 Elkkb tr1 4/-) — sV July 1, 2009 n-22-r Dn JULLi 7 - 2C'u CASE NO.: 4D09-2554 L.T. No. : 200t8CF009381A JEFFREY EPSTEIN v. STATE OF FLORIDA Appellant I Petitioner(s), Appellee I Respondent(s). BY ORDER OF THE COURT: ORDERED that the motion to file under seal is granted. ORDERED FURTHER that this court grants the Motion to Use One Appendix to Support the Emergency Petition for Writ of Certiorari and Emergency Motion to Review Denial of Stay. ORDERED FURTHER that this court grants petitioners Emergency Motion to Review the Order June 26, 2009, that denies the motion for stay. The June 25, 2009, order granting the motion to unseal is stayed pending further order of this court. ORDERED FURTHER that within ten (10) days of this order respondent shall show cause why the petition should not be granted. Respondent shall address this court's jurisdiction to review the order as well as the merits of the petition. ORDERED FURTHER that petitioner may have ten (10) days thereafter to reply. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Sharon R. Bock, Clerk Barbara J. Compiani Jack A. Goldberger Robert D. Critton, Jr. Jane Kreusler-Walsh O.S. Attorneys Office Deanna K. Shullman Spencer T. Kuvin William J. Berger Hon. Jeffrey J. Colbath dl /3-esertn.na RILWN EUTTENMULLER, Clerk Fourth District Coun of Appeal 09/12/2019 Page923 Agency to Agency Requet: 19-011 CONFIDENTIAL SDNY_GM_00331945 EFTA 0020467I EFTA02729655  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION "W" CASE NO. 502008CF009381AXXMB 502006CF009454AXXMB STATE OF FLORIDA, vs. JEFFREY EPSTEIN, Defendant ORDER DENYING MOTION TO STAY DISCLOSURE AGREEMENT THIS MATTER came before the Court at a hearing on June 26, 2009, on Jeffrey Epstein's Motion to Stay the Disclosure of the Non-Prosecution Agreement and the Addendum thereto. The Court notes the parties were present and represented by counsel. Based upon argument, it is ORDERED AND ADJUDGED that 1. The Motion to Stay is denied. 2. The Clerk of Court shall make the documents available for disclosure at noon on Thursday, July 2, 2009. It is the intent of the Court to give the Defendant, Mr. Epstein, and his attorney an opportunity to have this Court's orders reviewed by the 4th DCA. If the Clerk gets no direction from the Appellate Court, she shall disclose the documents on the date referred to above. DONE AND ORDERED in West Palm Bea 1. Palm Beach County, MOM day of June, 2009. JUL 1 - 2C09 \'OUvLi APPEALS DIV. J 09/12/2019 Agency to Agency Requet: 19-411 CONFPlIa n tattat SDNY_GM_00331946 EFTA_00204672 EFTA02729656  • Page Two Case No. 502008CF009381AXXMB/502006CF009454A)0CMB Order Denying Motion to Stay Disclosure Agreement Copies furnished: R. Alexander Acosta, U.S. Attorney's Office - Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Barbara Burns, Esq., State Attorney's Office 401 North Dixie Highway West Palm Beach, FL 33401 William J. Berger, Esq. Bradley .). Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard., Suite 1650 Ft. Lauderdale, FL 33394 Robert D. Critton, Esq. Burman, Critton, Luther & Coleman 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 lack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Spencer T. Kuvin, Esq. Leopold-Kuvin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Deanna K. Shullman, Esq. P. O. Box 2602 Tampa, FL 33602 09/12/2019 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331947 EFTA_00204673 EFTA02729657  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION STATE OF FLORIDA, vs. Case Nos.2006-CF9454 AMC JEFFREY EPSTEIN, 2008-9381CF AMC Defendant. NONPARTY E.W.'S MOTION FOR ATTORNEYS FEES AND COSTS E.W., a nonparty, moves pursuant to Administrative Rule 2.303 for attorneys fees and costs on the following grounds: 1. EW is filed a motion to vacate the agreed order sealing records and to unseal the nonprosecutuion agreement and addendum in this file. Also, E.W. opposed defendant's motion to unseal said records. E.W.'s motion was granted and defendant's was denied at hearing on June 26, 2009. 2. E.W. is entitled to an award of reasonable attorneys fees and costs pursuant to said Administrative Rule. Defendant's motion to seal and his opposition to E.W.'s motion were not made in good faith and were not supported by a sound legal or factual basis. 3. E.W. adopts and incorporates by reference all arguments in the motion for fees filed by The Palm Beach Post. I HEREBY CERTIFY that a ttue and correct copy of the foregoing has been served via U.S. Mail this art{ day of July, 2009 to: Jack Alan Goldberger, Esq., Atterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401; OW1212019 Page Agency to Agency Requet 19-411 CONFIDENTIAL SDNY_GM_00331948 EFTA_00204674 EFTA02729658  Michael McAuliffe, Esq. and Judith Stevenson Arco, Esq., State Attorney's Office-West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401; and Deanna K. Shullman, Esq. and James B. Lake, Esq., 101 N.E. Third Avenue, Suite 1500, Fort Lauderdale, FL 33301. ROTHSTEIN ROSENFELDT ADLER Attorneys for E.W. 401 East Las Olas Blvd., Suite 1650 Fort Lauderdale, Florida 33394 Telephone (954) 522-3456 Telecopier (954) 527-8663 By: William J. Berger TCX Florida Bar No. 197701 wbergerrikra-law.com H Isurdocs‘09-22784 Wild v. EpsteitikEPSTEIN M.FEES.doc 09112/2019 Agency to Agency Requet: 19-411 CONFPEENTIAL SDNY_GM_00331949 EFTA_00204675 EFTA02729659  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION "W" CASE NO. 502008CF009381AXXMB 502006CF009454AXXM8 STATE OF FLORIDA, vs. JEFFREY EPSTEIN, Defendant ORDER DENYING MOTION TO STAY DISCLOSURE AGREEMENT THIS MATTER came before the Court at a hearing on June 26, 2009, on Jeffrey Epstein's Motion to Stay the Disclosure of the Non-Prosecution Agreement and the Addendum thereto. The Court notes the parties were present and represented by counsel. Based upon argument, it is ORDERED AND ADJUDGED that 1. The Motion to Stay is denied. 2. The Clerk of Court shall make the documents available for disclosure at noon on Thursday, July 2, 2009. It is the intent of the Court to give the Defendant, Mr. Epstein, and his attorney an opportunity to have this Court's orders reviewed by the e DCA. If the Clerk gets no direction from the Appellate Court, she shall disclose the documents on the date referred to above. DONE AND ORDERED in West Palm Beach, lorida this day of June, 2009. JUN 2 6 2009 JUDGE JEFFREY!. COLBATH Pe JEFFREY J. COLBATI1 09112/2019 aae Agency to Agency Requet: 19-411 CON rig i N ° 11 SDNY_GM_00331950 EFTA 00204676 EFTA02729660 Page Two Case No. 502008CF009381A,VMB/502006CF009454/00MB Order Denying Motion to Stay Disclosure Agreement Copies furnished: R. Alexander Acosta, U.S. Attorney's Office - Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Barbara Burns, Esq., State Attorneys Office 401 North Dixie Highway West Palm Beach, FL 33401 William J. Berger, Esq. Bradley). Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard., Suite 1650 Ft. Lauderdale, FL 33394 Robert D. Critton, Esq. Burman, Critton, Luther & Coleman 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Spencer T. Kuvin, Esq. Leopold-Kwin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Deanna K. Shullman, Esq. P. O. Box 2602 Tampa, FL 33602 09/12/2019 Agency to Agency Requet: 19-411 CONFIDENTIAL P SDNY_GM_00331951 EFTAJ)0204677 EFTA02729661  O 0 m, of • :/ " 4/tw‘N ‘ Ces1 ems\ m§ - • fescrat-aw.--r Judge Jeffrey J. Colbath 02 11.1 $ 00.44° 205 North Dixie Highway 0004249544 MAILED FROM ZIP CODE 33401 • West Palm Beach, FL 33401 ra I ral..04 orACH. PLOKII1A 3.14111 ())°Abrtfr 4uditla-Steveaseakto,..Esq_, State Attorney's Office- West Palm Beach 401 North Dixie Highway West Palm Beach, FL 33401 33401+4296 Z961£C0CVM- ANOS EFTA02729662  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY. FLORIDA CRIMINAL DIVISION STATE OF FLORIDA vs. Case Nos.: 2006-CF9454-AXX & 2008-9381CF-A)0C JEFFREY EPSTEIN COPY RECEIVED FOR FILlivi INTERVENOR PALM BEACH POST'S MOTION FOR ATTORNEYS' FEES AND COSTS SHARON UN 2 R. 211 °9 BOCK Palm Beach Newspapers, Inc.. &bin The Palm Beach Post (the -Post-) moveg CLr a citini COMr^ TROLLS IL DIVISION N for an award of attorneys' fees and costs in connection with this matter. In support thereof, the Post states: The Post is a daily newspaper that has covered this matter and related proceedings. In an effort to inform its readers concerning these matters, the Post relies upon (among other things) law enforcement records and judicial records. 2. On June 10. 2009. the Court panted the Post's Motion to Intervene in this action for the purpose of seeking access to court records. Specifically. the Post sought access to a non- prosecution agi cwent that xas docketed on July 2, 2008, and an addendum docketed on August 25, 2008. 3. On June 25, 2009, the Court heard oral argument on the Post's (and other non- parties') motions. The Court found that the documents has not properly been sealed in the first instance and further denied Defendant's Motion to Make Court Records Confidential dated June I I. 2009. 4. The Post is entitled to its fess and costs in this matter pursuant to Administrative Order Number 2.303 of this Court. Specifically, Rule 2.303 allows sanctions to be imposed 0911212019 Page Agency to Agency Requet 19-411 CONFIDENTIAL SDNY_GM_00331953 EF1'A_00204679 EFTA02729663  • against the moving party -if a motion to seal is not made in good faith and is not supported by a sound legal and factual basis." Admin. Or. 15th Jud. Cir. Fla. 2.303. 5. In this case. Mr. Epstein's Motion to Make Court Records Confidential was neither made in good faith nor supported by a sound legal and factual basis. Defendant's Motion asserted four interests that ostensibly would be protected by closure, but the motion cited no facts in support of that assertion. At the hearing on the motion, Defendant made no additional effort to demonstrate how and why the asserted interests would be served by closure. Instead. Defendant's arguments addressed extraneous. inapplicable issues that did not support closure and demonstrated the Defendant's lack of good faith in bringing his motion. In sum, the motion was wholly without merit. and the Post is entitled to an award of its fees and costs in defending its rights of access. WHEREFORE, the Post respectfully requests that this Court award to it its fees and costs in connection with this matter and grant such other relief as the Court deems proper. Respectfully submitted. THQ!t1AS, LOCICERO & BRALOW PL Deanna K. Shullman — Florida Bar No.: 0514462 James B. Lake Florida Bar No: 0023477 101 N.E. Third Avenue. Suite 1500 Fort Lauderdale. FL 33301 Telephone: (813) 984-3060 Facsimile: (313) 984-3070 Attorneys for The Palm Beach Post 09112/2019 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331954 EFTA_00204680 EFTA02729664  CERTIFICATE OF SERVICE Os II 4 I HEREBY CE "IFY that a true and correct copy of the foregoing has been furnished via hand ivery to Jac Alan Goldberger, Esq.. Atterbury Goldberger, et al., 250 S. Australian Ave.. Ste. 1400. West Palm Beach. FL 33401 (fax: 561-835-8691 and via U.S, mail to Michael McAuliffe, Esq., and Judith Stevenson Arco, Esq.. State Attorney's Office - West Palm Beach. 401 North Dixie Highway. West Palm Beach, FL 33401 (fax: 561-355-735 1);); on this d"--ti day of June. 2009- Attorney 09/12/2019 Agency to Agency Requet 19-411 CONFIDENTIAL SDNY_GM_00331955 EFTA_0020468 I EFTA02729665  EFTA02729666 go Lu Lu SDNY_GM_00331956 C $0.44 12 j US POSTAGE FIRST-CLASS ' < THOMAS LOCICERO t! 08250005522993 WIER 33602 r BRALOW koz kodidA (bomb' 400 N. Ashley Or. Suit 1100. Tanya. R 33602 P.O. Box 2602. Tama. FL 3360I-2602 LL c )titt-- z an-Arto, Esq. State Attorneys Office - West Palm Beach 0 401 North Dixie Highway West Palm Beach, FL 33401 Ira &tit* 4.2.516 11111111111111111 0 Csse 9:08-cv-80119-KAM Document 305 Entered on FLSO Docket 09/17/2009 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CY-80119-MARRA-JOHNSON JANE DOE NO. 2, PlaintifC v. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80581, 09-80656, 09-80802, 09-81092. DEFENDANTS, JEFFREY EPSTEIN, MOTION FOR SANCTIONS AND TO COMPEL DEPOSITION OF JANE DOE NO. 4 AND MEMORANDUM IN SUPPORT THEREOF Defendant, JEFFREY EPSTEIN, by and through his undersigned attorneys, moves this court for an order granting sanctions pursuant to Rule 30(dX2) aril (3)(A) and (C) (referencing Rule 37(aX5)), Federal Rules of Civil Procedure and compelling the deposition of Jane Doe No. 4 within fifteen (15) days and as grounds therefore would state: 1. On August 16, 2009, the deposition of Jane Doe No. 4 was noticed for September 16, 2009 to begin at 1:00 p.m. Plaintiff's counsel had advised that Jane Doe No. 4 could not appear for a deposition prior to that time of day, i.e. 1:00 p.m. 2. The deposition was originally set at the offices of the undersigned, but Plaintiffs counsel requested that it be moved to the court reporter's office. The court reporter is Prose Court Reporting located at 250 Australian Avenue South, Suite 115, West Palm Beach, FL 33401. 09112/2019 Agency to Agency Requet: 19-411 CONFPIDEN 9 TIAL SDNY_GM_00331957 EFTA_00204683 EFTA02729667 Case 9:08-cv-80119-KAM Document 305 Entered on FLSD Docket 09/17/2009 Page 2 of 8 3. The undersigned's office began attempting to set the deposition of Jane Doe No. 4 on July 21, 2009. Because of the number of attorneys who would be attending (based on the court's consolidation order) coordinating the video deposition creates logistical problems. 4. Oa August 27, 2009, the undersigned wrote a letter to counsel for the Plaintiff indicating that Mr. Epstein would be present at the deposition. A copy of that letter is attached as Exhibit 1. 5. Some 13 days later, counsel for Jane Doe No. 4 flied a motion for protective order on September 9, 2009 attempting to prohibit MrEps tein's presence at the deposition. The Defendant immediately filed a response (an Emerg ency Motion) on September II, 2009 requesting that the coon enter an order allowing Epstei n, t