Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page2 the summary judgment stage The motion also concentrates on Epsteins risk of loosing this entire civil action as a result of Epstein invoking his th Amendment rights Severino Klyties Developments Inc WL Colo recognizing that a stay is appropriate under similar circumstances as in the instant case see also infra In fact waiver of Epsteins th Amendment privileges should not be compelled to defend this civil action and could be remedied by a reasonable stay especially when civil discovery may lead to the USAO unilaterally declaring a violation of the NPA The USAO has already unilaterally claimed that EPSTEIN violated the NPA by among other things investigating the Plaintiffs by and though his attorneys whom brought civil suits against him for purposes of defending those civil actions and by contesting damages in this action and in the other civil actions See Motion to Stay and Jack Goldberger Affidavit attached thereto as Exhibit Thus these are not vague assertions as Plaintiff claims How can Epstein truly defend these matters and be afforded his due process rights when to do so might result in the USAO claiming a breach of the NPA The fact is that he cannot Notwithstanding the allegations against Epstein this Court has an obligation to ensure his due process rights are upheld in both the civil and criminal contexts Next in her response Plaintiff claims that a stay should not be entered because a parallel criminal proceeding against Epstein does not exist Not only is Plaintiffs theory incorrect for reasons set out herein and in the Epsteins Motion to Stay but her response ignores the significant fact that a stay may be issued in light of an ongoing investigation It is clear from the NPA and Jack Goldbergers Affidavit attached to the Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page3 Motion to Stay that the criminal matters against Epstein remain ongoing until the NPA expires by its terms in late and the threat of criminal prosecution against Epstein by the USAO continues presently and through late See Jack Goldbergers Affidavit attached to the Motion to Stay In fact the FBI refused to provide information regarding this case and other related cases filed against Epstein stating the materials are at this time exempt from disclosure because they are in an investigative file i.e the matter is still an ongoing criminal investigation See Jack Goldbergers Affidavit attached to the Motion to Stay Additionally Plaintiffs response downplays the fact that civil discovery may result in the USAO claiming a breach of the NPA Epstein wishes to vigorously defend this case and others filed against him however he does not wish to risk waiver of his th Amendment privileges at least before the NPA expires or any investigation is closed Further Plaintiff adopts the arguments set forth in Jane Does Response to the Motion to Stay filed in which asserts that the NPA is not attached to Epsteins Motion to Stay The Court has a copy of the NPA While it may be sealed this Court may review same in camera As such Plaintiffs Best Evidence argument as adopted in the instant response is entirely misplaced and should be disregarded a Justice Requires The Entry of A Stay As set out in the Motion to Stay once the NPA expires EPSTEIN intends to testify to all relevant and non-objectionable inquiries made to him in discovery be it a deposition in interrogatories or in production requests However the current circumstances are such that by testifying or responding to discovery EPSTEIN will be Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page4 required to waive his constitutional privileges thereby subjecting himself to scrutiny by the USAO as a result of matters alleged in this civil action and others before this Court and in the State of Florida th Judicial Circuit Court Palm Beach County When an ongoing criminal investigation exists courts have granted motions to stay civil proceedings In St Paul Fire and Marine Insurance Company U.S Cl.Ct the court held that staying a civil action for months was reasonable in light of a pending criminal investigation so long as the movant met certain elements see infra and the stay was not immoderate or unreasonable Taking into consideration the Motion to Stay and this Reply as well as facts alleged by Plaintiff in her operative pleading against Epstein it is clear that Epstein has met the elements of St Paul Fire necessary for this Court to enter a stay Epstein has made a clear showing by direct or indirect proof that the issues in the civil action are related as well as substantially similar to the issues in the criminal investigation Epstein has made a clear showing of hardship or inequity if required to go forward with this civil case while the NPA and/or the ongoing investigation exist see supra and see also Motion to Stay and attached affidavit of Jack Goldberger Esq discussing Epsteins th Amendment Rights and how those rights affect this civil litigation see supra and Epstein in light of the stays granted by other courts has shown that a stay in the instant matter until late the date the NPA expires and the likely date any ongoing investigation will be closed is not immoderate or unreasonable St Paul Fire and Marine Insurance Company U.S Cl.Ct at see also Wilson National Association of Letter Carriers WL E.D La granting motion to stay civil proceeding for years and months pending Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page criminal investigation Ostrow U.S WL M.D Fla recognizing a defendants constitutional rights and allowing for a stay of the civil case until the criminal aspects/investigation of Defendants companion case are closed Here Epstein is not required to contemplate an in haec verba iron-clad comparison of separate issues by direct proof St Paul Fire and Marine Insurance Company U.S Cl.Ct at Instead a reading of the complaint the NPA in camera the pleadings in support of and against Epsteins Motion to Stay along with other pleadings in the clerks file makes it clear that the facts in the instant matter and those in the ongoing investigation are related and/or substantially similar Id As such permitting this civil action to go forward would create a hardship on Epstein in that he will be forced to invoke his th Amendment Privilege and risk loosing this case by virtue of not being able to present evidence or waive that right and risk a potential criminal prosecution Eastwood U.S WL E.D Tenn When a party to a civil action is subject to criminal proceedings and/or investigations that relate to such civil action courts will often stay the civil proceeding so as to prevent the use of civil discovery and evidentiary procedures to obtain evidence for use in the criminal matter Id Courts will also stay a civil case to preserve th Amendment rights Id Further a comparison of Fed.R.Civ Pro may expand the rights of criminal discovery beyond the limits of Fed.R.Crim.Pro Epstein satisfies the requirements to stay this action as set forth in St Paul Fire and in Eastwood including the similarity of issues underlying the civil litigation and ongoing criminal investigation As such a stay should Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page be entered in the instant matter See also U.S In United States Funds et al WL M.D G.a Ill Conclusion and Request for Relief Based upon the foregoing Epstein is entitled to a full stay of this proceeding and other related matters until such time as the NPA expires and until the ongoing investigation by the USAO is closed i.e until late Alternatively in an effort to protect Epsteins th Amendment and his due process rights in connection with defending these civil matters this court should enter a stay of any discovery directed to Epstein and strike this case from the trial docket until the NPA and the ongoing investigation are both concluded and/or expired In this manner Plaintiffs investigation and discovery as to third parties will continue and will not be delayed Epstein is invoking his th Amendment rights in the first place which means that objections to discovery and deposition questions are being asserted so as not to waive those th Amendment rights Once the NPA and the ongoing investigation terminate this court could allow additional time for Plaintiff to complete Epsteins deposition and discovery directed to him and then set this case on the Courts most available docket Despite Plaintiffs contentions Epsteins th Amendment rights and his due process rights associated therewith and in connection with defending this civil case should trump any civil claim for money damages when it comes to timing Eastwood U.S WL reasoning that a stay is warranted when the risk to an individuals constitutional rights is magnified Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page WHEREFORE Epstein requests the following relief set forth above and for such other and further relief as this court deems just and proper Rob Criton Jr Attorney for efendant Epstein Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF I also certify that the foregoing document is being served this day on all counsel of record identified on the following Service List in the manner specified by CM/ECF on this t7day of May Stuart Mermelstein Esq Jack Alan Goldberger Adam Horowitz Esq Atterbury Goldberger Weiss P.A Mermelstein Horowitz P.A Australian Avenue South Biscayne Boulevard Suite Suite West Palm Beach FL Miami FL Fax Fax jagesg bellsouth.net ssm sexabuseattorney.com Co-Counsel for Defendant Jeffrey Epstein ahorowitz sexabuseattorney.com Counsel for Plaintiff Jane Doe By rif mMll c:cr ROB TON JR ESQ Florida Bar No rcrit bclclaw.com MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Flagler Drive Suite West Palm Beach FL Phone Fax Co-Counsel for Defendant Jeffrey Epstein
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