EFTA01128695.pdf

Case: 13-12923 Date Filed: 08/08/2013 Page: 1 of 5 Nos. 13-12923, 13-12926, 13-12928 IN THE tiniteb ibtateo Court of appeato FOR THE ELEVENTH CIRCUIT JANE DOE NO. 1 AND JANE DOE NO. 2, Plaintiffs-Appellees v. UNITED STATES OF AMERICA, Defendant-Appellee ROY BLACK ET AL., Intervenors-Appellants MOTION TO POSTPONE DUE DATE FOR FILING APPELLEE BRIEF UNTIL COURT RULES ON PENDING MOTION TO DISMISS FOR LACK OF JURISDICTION Bradley J. Edwards Paul G. Cassell FARMER, JAFFEE, WEISSING S. J. Quinney College of Law at EDWARDS, FISTOS & LEHRMAN, P.L. the University of Utah 425 North Andrews Ave., Suite 2 332 S. 1400 E., Room 101 Fort Lauderdale, FL 33301 Salt Lake City, UT 84112 Attorneys for Plaintiffs-Appellees Jane Doe No.1 and Jane Doe No. 2 EFTA01128695  Case: 13-12923 Date Filed: 08/08/2013 Page: 2 of 5 MOTION TO POSTPONE DUE DATE FOR FILING APPELLEE BRIEF UNTIL COURT RULES ON PENDING MOTION TO DISMISS FOR LACK OF JURISDICTION INTRODUCTION This case involves a discovery order concerning certain correspondence that the district court has ordered the Government to produce to two crime victims, appellees Jane Doe No. 1 and Jane Doe No. 2 (hereinafter "the victims"). On July 2, 2013, this Court docketed the appeal of limited intervenors-appellants' Roy Black, Jeffrey Epstein and Martin Weinberg (collectively referred to as "Epstein") challenging that discovery order. On July 2, 2013, the victims filed a motion to dismiss the appeal for lack of jurisdiction, contending that this Court did not have jurisdiction to review the discovery order under Mohawk Industries v. Carpenter, 558 U.S. 100 (2009). On July 12, 2013, Epstein responded in opposition to the motion to dismiss, and on July 16, 2013, the victim's replied in support of the motion to dismiss. On August 5, 2013, even though no briefing schedule had been set by this Court, Epstein filed his opening brief on the merits. The Clerk's Office has advised the victims that their brief on the merits is now due in thirty days, i.e., on September 5, 2013. 2 EFTA01128696  Case: 13-12923 Date Filed: 08/08/2013 Page: 3 of 5 Under Local Rule 31-1(d), if the Court had raised the jurisdictional question on its own motion, that question would have automatically postponed the date for the victims to file any response brief until the Court determined the jurisdictional question. The victims respectfully assert that they have raised a substantial jurisdictional issue and that they should not have a deadline to file their brief on the merits until this Court resolves that issue or otherwise determines that it wants the victims to file a brief on the merits. Accordingly, the victims move this Court to postpone the deadline for filing their brief on the merits until the Court resolves the jurisdiction issue or otherwise sets a schedule directing the victims to file their appellee brief. POSITION OF THE PARTIES Epstein objects to the Court considering the motion to dismiss without also considering the merits of the appeal. Epstein notes that he has filed his merits brief and does not object to the court ordering expedited briefing on the remaining briefs (response brief and reply brief) and an expedited oral argument schedule. The Government has informed the victims that it does not intend to participate in this appeal. 3 EFTA01128697  Case: 13-12923 Date Filed: 08/08/2013 Page: 4 of 5 CONCLUSION For all the foregoing reasons, the Court should postpone the deadline for the victims to file their merits brief until it resolves the jurisdictional question or otherwise directs the victims to file a brief on the merits. DATED: August 8, 2013 Respectfully Submitted. Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, UT 84112 Telephone Facsimile: E-Mail: and Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephon Facsimile Florida Bar No.: 542075 E-mail: Attorneysfor Jane Doe No. 1 and Jane Doe No. 2 4 EFTA01128698  Case: 13-12923 Date Filed: 08/08/2013 Page: 5 of 5 CERTIFICATE OF SERVICE The foregoing document was served on August 8, 2013, on the following using the Court's CM/ECF system: Dexter Lee A. Marie Villafatia Assistant U.S. Attorneys 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401 Attorneys for the Government Roy Black, Esq. Jackie Perczek, Esq. Black, Srebnick, Kornspan & Stumpf, P.A. 201 South Biscayne Boulevard Suite 1300 Miami, FL 33131 Martin G. Weinberg Martin G. Weinberg, PC 20 PARK PLZ STE 1000 Boston, MA 02116-4301 Paul G. Cassell 5 EFTA01128699