Section Florida Statutes makes clear that Plaintiffs Requested Materials can only be released by the Clerk pursuant to a court order The stenographic records notes and transcriptions made by the court reporter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection The notes records and transcriptions are confidential and exempt from the provisions of ands a Art I of the State Constitution and shall be released by the clerk only on request by a grand jury for use by the grand jury or on order ofthe court pursuant to Section Florida Statutes Text context and purpose are the ordinary tools used for discerning statutory meaning with the overarching principle being that judges lack the power to construe an unambiguous statute in a way which would extend modify or limit its express terms or its reasonable and obvious implications To do so would be an abrogation of legislative power Id Accordingly here the plain language of section is clear and unambiguous and therefore controls See Horowitz Plantation Gen Hosp Ltd ship So 2d Fla Again the State Attorney has no objection to the Clerk producing and disclosing the Requested Materials should the Court grant an order to that effect To be clear however it is impossible for State Attorney to comply with the relief sought by Plaintiff in its remaining claim for declaratory relief as he does not possess or control the Requested Materials and is statutorily barred from any disclosure II THE STATE ATTORNEYS FLA STAT SECTION MOTION WAS PROPERLY MADE AND IN NO WAY SEEKS TO Motion for Attorneys Fees Motion Furthermore despite Plaintiffs disingenuous and self-aggrandizing contentions in no way shape manner or form is the State Attorney using the threat of sanctions to suppress The Palm Beach Posts investigative reporting or to avoid litigating the case on the merits or to deter media inquiry into the Epstein grand jury proceeding See Pl Memorandum pg Rather the State Attorney was properly and entirely within his rights to send his June Fla Stat Demand Letter and inform Plaintiff of his belief that the Amended Complaint and its sole remaining count for declaratory relief has no basis in fact or law See Exhibit A Under the statute the legislature has expressed its unequivocal intent that where a party files a meritless claim suit or appeal the party who is wrongfully required to expend funds for attorneys fees is entitled to recoup those fees Martin County Conservation Alliance Martin County So 3d Fla 1st DCA finding that Courts are not at liberty to disregard the legislative mandate that courts shall impose sanctions in cases without foundation in material fact or law The word shall in Fla Stat evidences the legislative intent to impose a mandatory penalty to discourage baseless claims by placing a price tag on losing parties who engage in these activities Section expressly states courts shall assess attorneys fees for bringing or failing to dismiss baseless claims or defenses In fact Section clearly and explicitly confers upon the trial court the authority to award attorneys fees to the prevailing party upon the courts initiative if the court finds that the losing party knew or should have known that a claim or defense when initially presented to the court or at any time before trial as not supported by the material facts necessary to establish the claim or defense This Courts June Order Granting Defendants Motions to Dismiss Count II of Plaintiffs First Amended Complaint with Prejudice Order did not address Plaintiffs Count I for Declaratory Relief Notably the State Attorneys Demand Letter and its accompanying proposed Motion for Attorneys Fees was served on Plaintiff later in the day of June after the Court issued its Order Koch Koch So 3d Fla 2d DCA Notably section does not require a finding of frivolousness to justify sanctions but only a finding that the claim lacked a basis in fact or law Martin County Conservation Alliance Martin County So 3d Fla 1st DCA Moreover The primary purpose of section is not to spring a procedural trap on the unwary so that valid claims are lost Rather its function is to give a pleader a last clear chance to withdraw a frivolous claim or defense within the scope of subsection or to reconsider a tactic taken primarily for the purpose of unreasonable delay under subsection Having the parties police themselves instead of requiring judicial intervention on section issues promotes judicial economy and minimizes litigation costs Vanderpol Frengut So 2d Fla 4th DCA finding that because the plaintiff had withdrawn his motion the defendants were not permitted to file with or present to the trial court their motion for attorneys fees Thus in properly serving his demand on Plaintiff the State Attorney also properly put Plaintiff on notice that he would seek sanctions by filing the Motion for Attorneys fees if Plaintiff failed to dismiss its Amended Complaint within days of service of the demand letter and motion for attorneys fees The course of action taken by the State Attorney actually tracks the specific language set forth in the Statute to wit A motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless within days after service of the motion the challenged paper claim defense contention allegation or denial is not withdrawn or appropriately corrected Section Florida Statutes Accordingly after receiving Plaintiffs June response refusing to the withdraw the remainder of the Amended Complaint and waiting the prerequisite days after service of the motion the State Attorneys Motion for Attorneys Fees was filed with this Court on July See Exhibit Nothing improper was done by the State Attorney in availing himself of the law set forth in given the circumstances of the instant lawsuit and the State Attorneys intention to establish that Plaintiffs claim for declaratory relief has no basis in fact or law Here regardless of Plaintiffs assertions that the State Attorney is using the threat of sanctions to avoid litigating the case on its merits the simple fact of the matter is that Plaintiff failed to withdraw its Amended Complaint against the State Attorney within the 21-day period provided for in section thus the State Attorney was permitted to file his Motion for Attorneys Fees as sanctions Again the filing of the Motion for Attorneys fees was filed as a matter of course and a place-marker to further notify Plaintiff of the State Attorneys intention to seek sanctions should he prevail on the merits at a future substantive hearing I REGARDLESS OF THE JUSTICE PROVISION OF FLA STAT SECTION FLA STAT SECTION MAKES CLEAR THAT ONLY THE CLERK SHALL RELEASE GRAND JURY RECORDS LIKE THOSE SOUGHT HEREIN Despite Plaintiffs assertion the State Attorney has never taken the position that this Courts June Order held that Plaintiffs claims are without any merit Rather the State Attorney has consistently taken the position that the Order merely dispenses with prejudice Plaintiffs Count II and that any other discussion pertaining to that claim is immaterial and irrelevant to the remaining claim for declaratory relief Again Section Florida Statutes makes clear that Plaintiffs Requested Materials can only be released by the Clerk pursuant to a court order To wit The stenographic records notes and transcriptions made by the court reporter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection The notes records and transcriptions are confidential and exempt from the provisions of ands a Art I of the State Constitution and shall be released by the clerk only on request by a grand jury for use by the grand jury or on order ofthe court pursuant to Specifically Plaintiffs remaining Count I for Declaratory Relief seeks a court order declaring that the State Attorney provide copies of the Requested Materials to The Palm Beach Post for the purpose of informing the public See Pl Amended Complaint pg Section Florida Statutes As stated previously neither the State Attorney nor his office has possession custody or control of the Requested Materials Likewise the State Attorney has no objection and never has had any objection to the Clerk releasing the records sought by Plaintiff as disclosure of the Requested Materials sought by Plaintiff lies solely within the providence of the Clerk pursuant to an order of the Court Thus based on the impossible nature of Plaintiffs demand of the State Attorney it was proper to demand withdrawal of Plaintiffs remaining claim for declaratory relief and serve the Motion for Attorneys Fees due to Plaintiffs claim lacking any basis in fact or law Regardless of whether the justice provision of has been adjudicated Plaintiffs Count II was dismissed with prejudice and its remaining Count I for declaratory relief has no basis in fact or law because the State Attorney does not have the Requested Materials and Florida Statutes explicitly requires that only the Clerk shall release grand jury materials like the Requested Materials and only pursuant to a court order IV THE STATE ATTORNEYS FLA STAT SECTION MOTION IS RELATED ONLY TO PLAINTIFFS CLAIM FOR DECLARATORY RELIEF AS THIS COURT DISMISSED WITH PREJUDICE COUNT II REGARDLESS OF ANY NOVELTY OR COMPLEXITY Although this Court unambiguously dismissed with prejudice Count II of the Amended Complaint Plaintiff oddly acts as though Count II is alive and able to be further argued before this Court Additionally Plaintiff either disingenuously or unawaredly argues that the fees sought herein should not be awarded unless there is a total or absolute lack of a justiciable issue which is tantamount to a finding that the action is frivolous and so clearly devoid of merit both on the facts and law as to be completely untenable Muckenfuss Deltona Corp So 2d Fla Rather than the old standard cited by Plaintiff the amended version of Fla Stat does not require a finding of frivolousness to justify sanctions but only a finding that the claim lacked a basis in material facts or then-existing law Martin County Conservation Alliance Martin County So 3d Fla 1st DCA See Long AvMed Inc So 3d Fla 1st DCA noting section does not require a party to show complete absence of a justiciable issue of fact or law The court in Davis Bailynson So 3d Fla 4th DCA provides further insight and guidance regarding sanctions as it explained The central purpose of Fla Stat is and always has been to deter meritless filings and thus streamline the administration and procedure of the courts Thus the post-19 version of has expanded the circumstances where fees should be awarded and the purpose is to deter meritless filings The Florida Supreme Court has also stated that creates an opportunity to avoid the sanction of attorneys fees by creating a safe period for withdrawal or amendment of meritless allegations and claims Therefore it appears that The Florida Supreme Court has viewed even individual allegations as part of what seeks to deter By individual allegations we are referring to a series of allegations framing a theory ofliability based on a factual scenario that is not supported by law Davis Bailynson So 3d Fla 4th DCA Taking this into account further detracts from the plausibility of Plaintiffs position even despite its argument that the issues contained in Count II were novel and complex Despite Plaintiffs argument that where an issue is novel and complex sanctions under section may not be imposed and that even though Count II was dismissed with prejudice it was brought in good faith these arguments do not rise to such a level as to overcome the reality that Plaintiffs Count I for declaratory relief has no basis in fact or law because it is impossible for the State Attorney to comply with its demand Further the Bailynson court provides guidance here as well by explaining that the State Attorneys claim does not have to apply to Plaintiffs entire action to succeed Unlike the prior version of section the current version of the statute does not apply only to an entire action but now applies to any claim or defense emphasis added Because the statute refers to any claim or defense it does not require that the entire action be unsupported by material facts or the application of then-existing case law Davis Bailynson So 3d Fla 4th DCA Thus the revised statute expanded the number of circumstances in which fees should be awarded and if an action asserts a theory ofliability using more than one but separate factual scenarios in support of the theory and one of the factual scenarios meets the criteria for a fee sanction because it is not supported by law the sanction must be ordered Id Thus notwithstanding any of Plaintiffs assertions regarding Count II Count II not only was dismissed with prejudice but the issues pertaining to it are irrelevant as to the State Attorneys Motion regarding the lack of any basis in fact or law as to Plaintiffs remaining request for declaratory relief REGARDLESS OF PLAINTIFFS CONSTITUTIONAL ARGUMENTS ONLY THE CLERK NOT THE STATE ATTORNEY IS STATUTORILY AUTHORIZED TO RELEASE THE GRAND JURY RECORDS SOUGHT HEREIN To be clear in no way does the State Attorney assume as Plaintiff suggests that this Courts Order extinguishes and renders frivolous Plaintiffs Count I for Declaratory Relief Rather as the State Attorneys demand letter clearly states Plaintiffs claim for declaratory relief has no basis in fact or law Moreover regardless of Plaintiffs continual attempts to revive and make arguments under its Count II it was dismissed with prejudice and Plaintiff is consequently foreclosed from litigating the issues therein Thus despite any constitutional or other argument under Count II the facts and law remain the same only the Clerk not the State Attorney is statutorily authorized to release the Requested Materials herein Again Section Florida Statutes makes clear that Plaintiffs Requested Materials can only be released by the Clerk pursuant to a court order The stenographic records notes and transcriptions made by the court reporter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection The notes records and transcriptions are confidential and exempt from the provisions of ands a Art I of the State Constitution and shall be released by the clerk only on request by a grand jury for use by the grand jury or on order ofthe court pursuant to Section Florida Statutes Likewise it bears repeating neither the State Attorney nor his office has possession custody or control of the Requested Materials and the State Attorney has no objection and never has had any objection to the Clerk releasing the records sought by Plaintiff as disclosure of the Requested Materials sought by Plaintiff lies solely within the providence of the Clerk pursuant to an order of the Court Thus based on the impossible nature of Plaintiffs lawsuit against the State Attorney it was proper to demand withdrawal of Plaintiffs remaining claim for declaratory relief and serve the Motion for Attorneys fees due to Plaintiffs claim lacking any basis in fact or law VI THE STATE ATTORNEY HAS NEVER TAKEN A POSITION AGAINST DISCLOSING THE RECORDS SOUGHT BY PLAINTIFF BUT RATHER HAS CONSISTENTLY ARGUED THAT NEITHER HE NOR HIS OFFICE HAS CUSTODY CONTROL OR POSSESSION OF THE RECORDS AND THAT UNDER FLA STAT SECTION ONLY THE CLERK SHALL RELEASE THE RECORDS AND ONLY PURSUANT TO A COURT ORDER Oddly Plaintiff argues that the State Attorney has made an unsworn claim that he does not possess the Requested Materials when his Affidavit filed along with his Motion for Summary Judgment on August clearly provides the following sworn statements My name is David Dave Aronberg and I am the State Attorney for the Fifteenth Judicial Circuit/Palm Beach County Florida since and a Defendant in the above-captioned matter Plaintiff is seeking declaratory relief pursuant to Fla Stat and the Courts inherent authority allowing Plaintiff access to the testimony minutes and other evidence presented in to the Palm Beach County grand jury the Requested Materials and to use those materials for the purpose of informing the public Despite Plaintiffs above-described action for declaratory relief neither myself nor the Office of the State Attorney for the Fifteenth Judicial Circuit SAO is in control custody or possession of the Requested Materials As such the declaratory relief sought by the Plaintiff seeks materials that are impossible for me or my office to produce To be clear neither myself nor the SAO has the legal authority to obtain and deliver the Requested Materials I have repeatedly made these facts evident to the Plaintiff and the public through not only the pleadings and correspondence in this matter but also through an office press release and my public social media accounts Despite the contentions of Plaintiff neither myself nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded Moreover during my administration neither myself nor my office has accessed grand jury materials from the Clerks office in this or any other instance As provided in section Florida Statutes the Clerk has sole custody and possession of the Requested Materials which can only be released by the Clerk pursuant to an order of the Court See Exhibit Clearly the matter presently before the Court is the determination of the State Attorneys Motion for Summary Judgment and then should he prevail on said Motion a hearing should be scheduled on the Motion for Attorneys Fees Regardless the State Attorney is of the belief that Plaintiff is unable to prove its declaratory relief claim against him as Plaintiffs claim has no basis in fact or law as set forth at length above Also despite the clear concise and unambiguous language of Section Florida Statutes which states that grand jury materials shall be released by the Clerk only on order of the Court Plaintiff attempts to argue that the State Attorney may still have the ability to access grand jury materials and that therefore he is a necessary party to this action To be clear there is a great distinction between the ability to access and the ability to disclose grand jury materials Nonetheless the State Attorney swore in his Affidavit that during my administration neither myself nor my office has accessed grand jury materials from the Clerks office in this or any other instance See Exhibit Again even assuming that the State Attorney had the ability to access the Requested Materials he is foreclosed from making any disclosure pursuant to Section Florida Statutes as only the Clerk shall release grand jury materials pursuant to a court order Based on the foregoing it is clear that Plaintiff indeed has a valid claim against the Clerk to seek disclosure of the Requested Materials and for that reason the Clerk has declined to move for sanctions Unlike Plaintiffs case against the Clerk however the arguments and authority set forth above make clear that it is impossible for the State Attorney or his office to produce the Requested Materials demanded by the Plaintiff This rationale again illustrates the lack of any basis in fact or law as to Plaintiffs claim for declaratory relief and provides justification for the sanctions sought by the State Attorney should he prevail on the merits of this controversy VII THE STATE ATTORNEYS MOTION IS NOT PREMATURE BUT A HEARING OR RULING ON SAID MOTION PRIOR TO A SUBSTANTIVE HEARING ON THE STATE ATTORNEYS MOTION FOR SUMMARY JUDGMENT WOULD BE PREMATURE Simply put Plaintiffs argument that the State Attorneys Motion is admittedly premature is nothing more than a disingenuous stretch of the imagination To be clear the State Attorney never made such an admission but rather has consistently argued that it would be premature to have an attorney fee hearing when there is no prevailing party and no substantive hearings held since the motion for fees was filed See Pl Memorandum Exhibit A Plaintiff apparently views this statement as an admission on the part of the State Attorney which it clearly was not Again the Motion was not premature and the State Attorney was entirely within his rights to file said Motion based on the statutory instructions set forth in Florida Statutes Moreover despite Plaintiffs false contentions the State Attorneys Motion is not based on his Motion to Dismiss Count II of the Amended Complaint As discussed at length above the Motion is based solely on the reality that Plaintiffs Count I for Declaratory Relief is not grounded in fact or law Because Plaintiff failed to voluntarily dismiss the remainder of its Amended Complaint i.e Count I for Declaratory Relief the State Attorney filed its Motion for Attorneys Fees as authorized and discussed supra by Fla Stat Nonetheless Plaintiff has purposely misconstrued the filing order of the Motion and the Motion for Summary Judgment and falsely asserts that the State Attorney acknowledges that his motion is not ripe See Pl Memorandum pg Rather the State Attorney agrees that the Motion for Summary Judgment must first be resolved prior to resolving the Motion but the filing of the State Attorneys Motion is not unripe merely because it was filed prior to his Motion for Summary Judgment Not only is the State Attorney authorized to file the Motion based specifically on statutory instruction the Florida Courts and the Florida Rules of Civil Procedure also support this position To wit Fla Civ Motions for Costs and Attorneys Fees states Any party seeking a judgment taxing costs attorneys fees or both shall serve a motion no later than days after filing of the judgment including a judgment of dismissal or the service of a notice of voluntary dismissal which judgment or notice concludes the action as to that party Florida Rules of Civil Procedure As provide above the Florida Rules of Civil Procedure speak only to the filing deadline for Attorneys Fees Motions and are otherwise silent as to any other restriction on filing such motions It is also significant to point out the manner in which Plaintiff has purposely misconstrued the very language of by omitting the language that hurts its position Despite Plaintiffs claims that a examines a claim or defense when initially presented to the court Plaintiff declined to include the remainder of the statutory language which states or at any time before trial Clearly the State Attorney is authorized to pursue sanctions under at any time before trial due as he has regarding the lack of any basis in fact or law as to Plaintiffs claim for declaratory relief Again the State Attorney was authorized to file the Motion because he did not file it with the court until after the prerequisite statutory timeline was satisfied The Motion was filed with the Court to further put the Plaintiff on notice that the State Attorney would seek sanctions should he prevail on the merits of the lawsuit Just because the Motion for Attorneys fees was filed prior to the State Attorneys Motion for Summary Judgment does not necessitate a hearing or ruling on the Motion prior to a hearing on the Motion for Summary Judgment See Koch Koch So 3d Fla 2d DCA finding that a court is typically faced with the decision to impose sanctions for frivolous litigation only after the parties respective positions have been presented to the court at a substantive hearing Likewise it would be far removed from the interests of judicial economy to require a hearing on a place-marker Motion for Attorneys fees as sanctions prior to a hearing on the Motion for Summary Judgment WHEREFORE DA VE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests that a substantive hearing on the merits take place along with the determination of a prevailing party before any hearing or ruling on fees or sanctions herein CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 14th day of October a copy of the foregoing has been electronically filed with the Florida E-File Portal fore-service on all parties of record herein JACOBS SCHOLZ WYLER LLC Isl Douglas A Wyler Arthur I Jacobs Esq Fla Bar No Richard Scholz Esq Fla Bar No Douglas A Wyler Esq Fla Bar No Gateway Blvd Suite Fernandina Beach Florida Fax Primary jacobsscholzlaw comcast.net Attorneys for Defendant Dave Aronberg and General Counsel for the Florida Prosecuting Attorneys Association EXHIBIT A EXHIBIT A JACOBS SCHOLZ WYLER LLC A LIMITED LIABILITY COMPANY OF PROFES.SIONAL ASSOCIATIONS ATTORNEYS AT LAW GATEWAY TO AMELIA THE LAW OFFICES OF JACOBS ASSOCIATES P.A ARTHUR I JACOBS GATEWAY BLVD SUITE FERNANDINA BEACH FLORIDA June VIA ELECTRONIC U.S MAIL Stephen A Mendelsohn Esq Greenburg Traurig P.A Town Center Circle Suite Boca Raton FL TELEPHONE FAX NO RE CA Florida Holdings LLC Dave Aronberg et al Palm Beach County Case No Dear Mr Mendelsohn RICHARD SCHOLZ P.A RICHARD SCHOLZ DOUGLAS A WYLER P.A DOUGLAS A WYLER As you are aware our firm represents the interests of Dave Aron berg as State Attorney of Palm Beach County Florida in the above referenced matter The purpose of this letter is to demand the voluntary dismissal of your First Amended Complaint the Complaint dated January This demand is made pursuant to section Florida Statutes As you know Section provides Upon the courts initiative or motion of any party the court shall award a reasonable attorneys fee including prejudgment interest to be paid to the prevailing party in equal amounts by the losing party and the losing partys attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing partys attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial a Was not supported by the material facts necessary to establish the claim or defense or Would not be supported by the application of then-existing law to those material facts Today Judge Marx granted with prejudice Defendant Aronbergs Motion to Dismiss Count II of the Plaintiffs Complaint Pursuant to the Courts ruling the Plaintiffs only remaining cause of action consists of Count I for Declaratory Relief Accordingly we believe that the Complaint filed herein and its sole remaining Count for Declaratory Relief is not supported by the material facts necessary to establish the claims asserted and that your claims are not supported by the application of current law to said material facts First and foremost the Complaint is not supported by the material facts necessary to establish the claims asserted because neither Defendant Aronberg nor The Office of the State Attorney for the Fifteenth Judicial Circuit is in custody or control of the grand jury materials sought therein Simply put the declaratory relief sought by the Plaintiff seeks records from my client that are impossible for him or his office to produce Accordingly Defendant Aronberg is not a proper party to this action because no matter what he and his office do not have possession custody or control of the requested materials In addition to the foregoing material facts that negate the claims asserted in the Complaint your claims are also not supported by the application of current law Specifically your action for declaratory relief fails based on the clear unambiguous statutory language found in Section Florida Statutes which states When such disclosure is ordered by a court pursuant to subsection for use in a civil case it may be disclosed to all parties to the case and to their attorneys and by the latter to their legal associates and employees However the grand jury testimony afforded such persons by the court can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever Moreover even if the Plaintiff were to prevail in the declaratory action Mr Aronberg would be unable to comply with any court order granting disclosure of the requested documents because neither Mr Aronberg nor The Office of the State Attorney for the Fifteenth Judicial Circuit have possession custody or control of the Epstein grand jury records Based on the foregoing if the Complaint is not dismissed within days of the service of this letter the enclosed Motion for Attorneys Fees will be filed and we will seek as sanctions from your client and your firm recovery of the legal expenses incurred in defending this frivolous action Pleasq:tacc Douglas A Wyler Esq For the Firm Encl Defendants Motion for Attorneys Fees IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC Publisher of the PALM BEACH POST Plaintiff DA VE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants I CASE NO DEFENDANT DAVE ARONBERGS MOTION FOR ATTORNEYS FEES Defendant DA VE ARONBERG as State Attorney of Palm Beach County Florida by and through the undersigned attorneys moves the Court pursuant to Florida Statutes Section to award him reasonable attorneys fees for the defense of Plaintiffs First Amended Complaint the Complaint and as grounds therefor would show that on June Plaintiff was served a copy of this Motion together with a letter from the undersigned attorney in accordance with subsection of the above Statute demanding dismissal of the Complaint at least days prior to the filing of this Motion In said letter Defendants attorney advised Plaintiff of the facts which establish that the Complaint is without support of the facts or the law WHEREFORE Defendant DA VE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests the Court enter an Order requiring Plaintiff and Plaintiffs attorneys to pay said Defendants attorneys fees incurred herein after service of this Motion CERTIFICATE OF SERVICE I hereby certify that on this __ day the foregoing was electronically filed via the Florida E-File Portal for electronic service on the parties of record herein JACOBS SCHOLZ WYLER LLC Isl Douglas A Wyler Arthur I Jacobs Esquire Fla Bar No Richard Scholz Esquire Fla Bar No Douglas A Wyler Esquire Fla Bar No Gateway Blvd Suite Fernandina Beach Florida jacobsscholzlaw comcast.net Attorneys for Defendant EXHIBIT EXHIBIT IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC Publisher of the PALM BEACH POST Plaintiff DA VE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants I CASE NO DEFENDANT DAVE ARONBERGS MOTION FOR ATTORNEYS FEES Defendant DA VE ARONBERG as State Attorney of Palm Beach County Florida by and through the undersigned attorneys moves the Court pursuant to Florida Statutes Section to award him reasonable attorneys fees for the defense of Plaintiffs First Amended Complaint the Complaint and as grounds therefor would show that on June Plaintiff was served a copy of this Motion together with a letter from the undersigned attorney in accordance with subsection of the above Statute demanding dismissal of the Complaint at least days prior to the filing of this Motion In said letter Defendants attorney advised Plaintiff of the facts which establish that the Complaint is without support of the facts or the law WHEREFORE Defendant DA VE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests the Court enter an Order requiring Plaintiff and Plaintiffs attorneys to pay said Defendants attorneys fees incurred herein after service of this Motion CERTIFICATE OF SERVICE I hereby certify that on this 1st day July the foregoing was electronically filed via the Florida E-File Portal for electronic service on the parties ofrecord herein JACOBS SCHOLZ WYLER LLC Isl Douglas A Wyler Arthur I Jacobs Esquire Fla Bar No Richard Scholz Esquire Fla Bar No Douglas A Wyler Esquire Fla Bar No Gateway Blvd Suite Fernandina Beach Florida jacobsscholzlaw comcast.net Attorneys for Defendant Dave Aronberg EXHIBIT EXHIBIT IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC Publisher of the PALM BEACH POST Plaintiff DA VE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants CASE NO AFFIDAVIT OF DAVID ARONBERG STATE OF FLORIDA COUNTY OF PALM BEACH Before me the undersigned authority personally appeared DAVID ARONBERG being first duly sworn states My name is David Dave Aronberg and I am the State Attorney for the Fifteenth Judicial Circuit/Palm Beach County Florida since and a Defendant in the above-captioned matter Plaintiff is seeking declaratory relief pursuant to Fla Stat and the Courts inherent authority allowing Plaintiff access to the testimony minutes and other evidence presented in to the Palm Beach County grand jury the Requested Materials and to use those materials for the purpose of informing the public Despite Plaintiffs above-described action for declaratory relief neither myself nor the Office of the State Attorney for the Fifteenth Judicial Circuit SAO is in control custody or possession the Requested Materials As such the declaratory relief sought by the Plaintiff seeks materials that are impossible for me or my office to produce To be clear neither myself nor the SAO has the legal authority to obtain and deliver the Requested Materials I have repeatedly made these facts evident to the Plaintiff and the public through not only the pleadings and correspondence in this matter but also through an office press release and my public social media accounts Despite the contentions of Plaintiff neither myself nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded Moreover during my administration neither myself nor my office has accessed grand jury materials from the Clerks office in this or any other instance As provided in section Florida Statutes the Clerk has sole custody and possession of the Requested Materials which can only be released by the Clerk pursuant to an order of the Court FURTHER AFFIANT A A 4A E0 A4 DE a qr?q rq qrCX HhL Kg lg d?a d6U a M3 flW y??S m/y t0 I F/Z V/j 1a qC KS u?v vZ O5 a qr rCX qC 0V I I dc rM?M rM 10Cy n??m?n k?o?h I A I w?!ac qr MCX 10Cy ITy qr M3 Ґ??1rA5R h?H?T3P K?z X?K I v"x i X5 EO5 5a r?q CX 9r Cy rq rqC M3 ş?:c p/p0 5H V)V 6T Y2 G5 qrM?r?qr?r9 q?10Cy rCX qr l1 X?l 3K fm?Q Z2f CX CX gT L??T 2E Cy 3P EM3 J4T L?h??M q?ᡚ?Y r??O?rJt CTX i P!e i I CTX rC YY I 1e 2j CTX X0T1i k3v Jh/e0h1 H(K W/Q0 CTX j?!k 5B r2 P0 0Q X(P0s s(s p0 Pp CTX qq dR B/J Va A N?q qr NEeD K?i N?M?qr EeD k??O d6 I I i i CTX I CTX U3 U3 U3 U3 S6 E"L I I I5K7C:I 9O U3 Cn qrr qr q??r?q 9qr CTX G5 qr CX 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