EFTA02729621.pdf

William J. Berger Attorney 91Hrlurratarr-Illq.COO1 Rothstein Rosenjeldt Adler At torneys at Law May 12, 2009 BY HAND DELIVERY Honorable Jeffrey Colbath Palm Beach County Courthouse Main Courthouse 205 N. Dixie Hwy, Room 11.2213 West Palm Reach, FL 33401 Re: State v. Epstein Case Nos. 2008CF00938IAXX and 2008CF009454AXX - Division W Dear Judge Colbath, The undersigned represents E.W., a nonparty in these cases. Enclosed is a copy of E.W.'s motion to vacate order sealing records and unseal records. This motion is made pursuant to the procedure for nonparties set forth in Rule of Judicial Administration Rule 2.420(d)(5). On behalf of my client, I am respectfully requesting the Court set this motion for hearing (estimated time: 10 minutes). Enclosed are a proposed order setting hearing, copies and envelopes. Respectfully, William J. Berger cc: Assistant State Attorney, Div. W (w/encls) Jack Goldberger, attorney for defendant (w/encls) filswrtincsl09.22784 Wild v. Foot:nil& To Judge Colbath ye releasing crimmal file doc Reply To: Las 013.5 City Cootie • 401 East Las Olas Boutevaid • Suite 1550 • Fort Lauderdale. Flonda 33301 Telephone: (954) 522.3456 • rat (954)527.8653 FORT LAUDERDALE • 5OcA RATON • TAMPA Vag.131aSSEE • NEW YORK 09/12/2079 CayAvecitifitWorki Requet: 19-411 NlVW .iP I -LI W.C.'111 SDNY_GM_00331910 EFTA_00204636 EFTA02729621  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 AXX JEFFREY EPSTEIN, 2008-9381CF AXX Defendant. ORDER SETTING HEARING ON NONPARTY E.W.'S MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS IT IS HEREBY ORDERED that a hearing will be held on nonparty E.W.'s Motion to Vacate Order Sealing Records and Unseal Records on 2009, at am/pm (10 minutes allotted) in Courtroom , Palm Beach County Courthouse, 205 N. Dixie Hwy, West Palm Beach, FL, 33401. DONE AND ORDERED in West Palm Beach, Palm Beach County, FL, this day of May, 2009. CIRCUIT JUDGE Copies mailed to: Assistant State Attorney, Div. W- 401 N. Dixie Hwy, West Palm Beach, FL 33401; Jack Goldberger, attorney for defendant — 250 Australia Ave. So. Suite 1400, West Palm Beach, FL 33401; and William J. Berger, attorney for E.W. - 401 E. Las Olas Blvd., Suite 1650, Ft. Lauderdale, FL 33301 H:Iswrdocs‘09-22784 ow v. EpstankliPSTEIN 0-SETTING HRG-UNSEAL.doc 09/12/2019 Page3889 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331911 EFTA_00204637 EFTA02729622  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 AXX JEFFREY EPSTEIN, 2008-9381CF AXX Defendant. NONPARTY E.W.'S MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS E.W., a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(d)(5) to vacate the order sealing records and unseal two documents in these files on the following grounds: 1. EW is a victim of sexual abuse by defendant who was convicted of procuring a person under 18 for prostitution and felony solicitation of prostitution. See attached judgments of conviction (Exhibit "A".) E.W. presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058XXXXMI3 AB. 2. On June 30, 2008 and August 25, 2008, this Court sealed two documents, a non-prosecution agreement and an addendum to non-prosecution agreement. Sec attached copies of envelopes containing the sealed documents and also an Agreed Order Sealing Document In Court File entered July 2, 2008 (Exhibit "B".) 3. The sealing of these documents was done without written motion required by Rule 2.420(d)(I) or noticc to the public, the media, the record newspaper and the victims of defendant required by Rule 2.420(d)(2). The Agreed Order does not set forth the 09/1212019 Agency to Agency Requet: 19-411 CONFPa IDENTIAL SDNY_GM_00331912 EFTA_00204638 EFTA02729623  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(d)(4). 4. The sealing of these documents was also done contrary 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, E.W. has a right to have these documents unsealed. Furthermore, these documents are relevant 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 picas. They are proper objects of discovery. However, unless they are unsealed, E.W. is unable to obtain them or utilize them in her case. 7. Pursuant to Rule 2.420(d)(5), the Court must hold a hearing on this motion in open court. WHEREFORE movant requests the Court vacate the order sealing records and unseal the two documents. CERTIFICATE OF SERVICE aREBY CERTIFY that a true and correct copy of the foregoing has been served )(U.S. Mail d Facsmile this /2- day of May, 2009 to: Jack Alan Goldberger, Esq., Atterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401. 09112/2019 Agency to Agency Requet: 19-411 CONFPa IDEN ' TIAL SDNY_GM_00331913 EFTA_00204639 EFTA02729624  ROTHSTEIN ROSENFELDT ADLER Attorneys for Plaintiff 401 East Las Olas Blvd., Suite 1650 Fort Lauderdale, Florida 33394 Telephone (954) 522-3456 Telecopier (954) 527-8663 7.7 By: K. --- Bradley J. Edwards Florida Bar No. 542075 [email protected] William J. Berger Florida Bar No. 197701 whergeKasralaw.com 09/12/2019 Agency to Agency Requet 19-411 CONFPIDENTIAL SDNYGM_00331914 EFTA_00204640 EFTA02729625