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CTX P!Z b!o C,C qrM 10Cy qr8 I fX2 9R lO KV CTX Oo CTX A qr r?qr rq YY Lsy7H4 C,6E IL CTX U3 CTX J,O3_3xx qrM?r q?CX Y9/C 9CX CTX Y10Cy CX CX CX YC YY FV uTl bEWa ȓjJ-8 Gc G??Q9E 9Wq CTX CTX Up i I A 9_ qr qr YY D.X 7s F??Y bc3_c iH CTX CTX A qr 10Cy YY EMq 7H AY mK9Z BY A2 P6L N7 CTX CTX a I I i qr rC CTX CTX 7O I FMM qr qr i I I3 CTX Z6 I L(K4 P:u Z6P CTX y8 of information provided by Epstein 2s defense team to undermine the State 2s witness and his approval of a plea agreement and sentence that enabled Epstein to spend his days on furlough where he likely committed additional sexual crimes While much of the Epstein saga is a matter of public record the public still does not know how former State Attorney Krischer used the grand jury process and the secrecy that comes with it to shield Epstein and his equally powerful and corrupt accomplices from the public and justify Epstein 2s lenient treatment Access to the Epstein grand jury materials will reveal how the instrumentality of the grand jury was used in this case which is unquestionably a matter of vital public concern THE STATE ATTORNEY 2S MOTION IMPROPERLY SEEKS TO of information provided by Epsteins defense team to undermine the States witness and his approval of a plea agreement and sentence that enabled Epstein to spend his days on furlough where he likely committed additional sexual crimes While much of the Epstein saga is a matter of public record the public still does not know how former State Attorney Krischer used the grand jury process and the secrecy that comes with it to shield Epstein and his equally powerful and corrupt accomplices from the public and justify Epsteins lenient treatment Access to the Epstein grand jury materials will reveal how the instrumentality of the grand jury was used in this case which is unquestionably a matter of vital public concern II THE STATE ATTORNEYS MOTION IMPROPERLY SEEKS TO In response to The Palm Beach Posts Request to Produce the Clerk 2s office recently provided internal email communications but none were relevant to the Request According to its officials the Clerk 2s office does not maintain logs or registers and that it is impossible to determine whether the State Attorney 2s office sought or obtained access to the Epstein grand jury materials during or after its Epstein prosecution Given this uncertainty The Palm Beach Post will serve discovery demands upon the State Attorney 2s office to determine whether it accessed or exercised control over the grand jury materials Also the Clerk who admittedly has both possession and control of the Epstein grand jury materials has not followed the State Attorney 2s lead in seeking to sanction The Palm Beach Post the Clerk has neither provided the 21-day safe harbor notice contained in Section nor she moved for sanctions The Clerk 2s decision supports the inference that the State Attorney is using the threat of sanctions to avoid litigating the case on its merits IH THE STATE ATTORNEY MISREPRESENTS THE COURT 2S JUNE ORDER In its bare-bones Section motion the State Attorney 2s main argument is that this Court 2s June Order Granting Defendant 2s Motions to Dismiss Count II of Plaintiff First Amended Complaint with Prejudice the 223Order held that all The Palm Beach Post 2s claims are without any merit The Order does no such thing Though the parties motion papers and the oral argument on June covered a range of complex statutory issues the Order addresses only one 227whether Fla Stat creates a private right of action This issue was not the principal focus of either the State Attorney 2s or the Clerk 2s motions to dismiss Count II Instead they primarily asserted that The Palm Beach Post lacked standing under section to seek grand jury materials furtherance of justice The State CA/AroIifclWODMQa BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM In response to The Palm Beach Posts Request to Produce the Clerks office recently provided internal email communications but none were relevant to the Request According to its officials the Clerks office does not maintain logs or registers and that it is impossible to determine whether the State Attorneys office sought or obtained access to the Epstein grand jury materials during or after its Epstein prosecution Given this uncertainty The Palm Beach Post will serve discovery demands upon the State Attorneys office to determine whether it accessed or exercised control over the grand jury materials Also the Clerk who admittedly has both possession and control of the Epstein grand jury materials has not followed the State Attorneys lead in seeking to sanction The Palm Beach Post the Clerk has neither provided the 21-day safe harbor notice contained in Section nor has she moved for sanctions The Clerks decision supports the inference that the State Attorney is using the threat of sanctions to avoid litigating the case on its merits I THE STATE ATTORNEY MISREPRESENTS THE COURTS JUNE ORDER In its bare-bones Section motion the State Attorneys main argument is that this Courts June Order Granting Defendants Motions to Dismiss Count II of Plaintiffs First Amended Complaint with Prejudice the Order held that all The Palm Beach Posts claims are without any merit The Order does no such thing Though the parties motion papers and the oral argument on June covered a range of complex statutory issues the Order addresses only one-whether Fla Stat creates a private right of action This issue was not the principal focus of either the State Attorneys or the Clerks motions to dismiss Count II Instead they primarily asserted that The Palm Beach Post lacked standing under section to seek grand jury materials in furtherance of justice The State CA/Aro,rt:I.et:!!J PB!.UOO BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Attorney and the Clerk argued that the statute prohibited the use of grand jury materials except for limited purposes in a civil or criminal proceeding in the movant is a party Because according to the State Attorney and the Clerk The Palm Beach Post did not intend to use the Epstein grand jury materials in a civil case in which it was a party nor in a criminal case the State Attorney and the Clerk asserted it lacked standing The Palm Beach Post as set forth in its Opposition to Defendant Dave Aronberg As State Attorney of Palm Beach County Florida 2s Motion to Dismiss Count II of the First Amended Complaint 223Plaintiffs Opposition views as encompassing three possible scenarios use by a party in her civil case use by a party in her criminal proceeding or use by the media as a representative of the public furtherance of justice as recognized by the First Amendment to the U.S Constitution and the Florida Constitution This Court in its Order did not address these arguments though it did acknowledge during oral argument that The Palm Beach Post had standing-page of the transcript Rather the Order focused solely on whether creates an implied private right of action and held that it did not See Order at That ruling did not interpret no less apply the statute 2s furtherance of justice exception to grand jury secrecy to the Epstein case Given this Court 2s narrow ruling the State Attorney wrongly claims that the Court determined that the 223justice provision of has been adjudicated against The Palm Beach Post and that Count I is frivolous IV THE ISSUES RAISED IN COUNT ARE NOVEL AND COMPLEX set forth above this Court limited its inquiry to 223whether a cause of action under section should be judicially implied citation omitted See Order at In determining that the Florida legislature did not intend to create a statutory cause of action and remedy this Court addressed a novel and complex issue As such section on its face is not implicated Section a provides that a court shall award fees to the prevailing party if CA/AroHKEg BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Attorney and the Clerk argued that the statute prohibited the use of grand jury materials except for limited purposes in a civil or criminal proceeding in which the movant is a party Because according to the State Attorney and the Clerk The Palm Beach Post did not intend to use the Epstein grand jury materials in a civil case in which it was a party nor in a criminal case the State Attorney and the Clerk asserted it lacked standing The Palm Beach Post as set forth in its Opposition to Defendant Dave Aronberg As State Attorney of Palm Beach County Floridas Motion to Dismiss Count II of the First Amended Complaint Plaintiffs Opposition views as encompassing three possible scenarios use by a party in her civil case use by a party in her criminal proceeding or use by the media as a representative of the public in furtherance of justice as recognized by the First Amendment to the U.S Constitution and the Florida Constitution This Court in its Order did not address these arguments though it did acknowledge during oral argument that The Palm Beach Post had standing-page of the transcript Rather the Order focused solely on whether creates an implied private right of action and held that it did not See Order at That ruling did not interpret no less apply the statutes in furtherance of justice exception to grand jury secrecy to the Epstein case Given this Courts narrow ruling the State Attorney wrongly claims that the Court determined that the justice provision of has been adjudicated against The Palm Beach Post and that Count I is frivolous IV THE ISSUES RAISED IN COUNT II ARE NOVEL AND COMPLEX As set forth above this Court limited its inquiry to whether a cause of action under section should be judicially implied citation omitted See Order at In determining that the Florida legislature did not intend to create a statutory cause of action andremedy this Court addressed a novel and complex issue As such section on its face is not implicated Section a provides that a court shall award fees to the prevailing party if CA/ArofflieiE!Jj OB0.J.OO BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM the losing party or the losing party 2s 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 Section a further provides that monetary sanctions shall not be awarded if the court determines that the claim or defense was initially presented to the court as a good faith argument for the extension modification or reversal of existing law or the establishment of new law as it applied to the material facts with a reasonable expectation of success Emphasis added The Florida Supreme Court has held that attorneys fees should not be awarded unless there is 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 quoting Whitten Progressive Cas Ins Co So 2d Fla Where an issue is novel and complex sanctions under section a may not be imposed Grove Key Marina LLC Casamayor So 3d Fla 3dDCA It cannot be contested that the Order rejecting a section implied private right of action for the media is a case of first impression indeed neither this Court nor the State Attorney and the Clerk cite to any case that previously resolved this issue In contrast The Palm Beach Post presented various reasoned arguments why section creates a private right of action in favor of the media on both constitutional and statutory grounds See Plaintiff 2s Opposition at The Palm Beach Post first analyzed the Florida Statutes themselves and U.S Supreme Court case law both of which confirm that Florida 2s grand jury secrecy laws are not absolute See Plaintiff 2s Opposition at Butterworth Smith U.S section unconstitutional to the extent it prohibits grand jury witnesses from disclosing CA/Arohtld BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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 Section a further provides that monetary sanctions shall not be awarded if the court determines that the claim or defense was initially presented to the court as a good faith argument for the extension modification or reversal of existing law or the establishment of new law as it applied to the material facts with a reasonable expectation of success Emphasis added The Florida Supreme Court has held that attorneys fees 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 quoting Whitten Progressive Cas Ins Co So 2d Fla Where an issue is novel and complex sanctions under section a may not be imposed Grove Key Marina LLC Casamayor So 3d Fla 3d DCA It cannot be contested that the Order rejecting a section implied private right of action for the media is a case of first impression indeed neither this Court nor the State Attorney and the Clerk cite to any case that previously resolved this issue In contrast The Palm Beach Post presented various reasoned arguments why section creates a private right of action in favor of the media on both constitutional and statutory grounds See Plaintiffs Opposition at The Palm Beach Post first analyzed the Florida Statutes themselves and U.S Supreme Court case law both of which confirm that Floridas grand jury secrecy laws are not absolute See Plaintiffs Opposition at Butterworth Smith U.S section unconstitutional to the extent it prohibits grand jury witnesses from disclosing CA/Aro OB BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM their own testimony Florida has also held that the media is entitled to know of grand jury reports that find public corruption notwithstanding section secrecy See Miami Herald Pub Co Marko So 2d Fla In Marko the Florida Supreme Court recognized that the media plays a vital role in informing the public of the misdeeds of public servants and statutory grand jury secrecy cannot outweigh the public 2s right to be informed through its constitutionally protected news reporting Here The Palm Beach Post alleges overwhelming facts that raise serious questions as to why Epstein was prosecuted and sentenced in such a highly unusual and lenient manner At the heart of this issue is the public 2s right to know through the media whether the attorneys then working the case at the State Attorney 2s Office fulfilled their public duties or acted either corruptly or recklessly by misusing the grand jury process In this regard The Palm Beach Post analyzed section and presented a well-reasoned argument supporting the existence of a private right of action it properly focused on the interplay between section 2s allowance for disclosure furtherance of justice on the one hand with the public 2s right to know through the media under the First Amendment and the Florida Constitution This Court did not expressly address The Palm Beach Post 2s reliance on a combined constitutional and statutory basis for a section private right of action Instead it focused exclusively upon section and in holding that the furtherance of justice exception is constrained by the statute 2s other secrecy provisions The State Attorney 2s section motion also ignores the constitutional role of the media in informing the public The fallacy of a purely statutory analysis without consideration of The Palm Beach Post 2s constitutional rights and obligations in conjunction with section is that justice can never be furthered as the statute authorizes unless media is able to provide facts to the public CA/ArcfiMg O0a2 a BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM their own testimony Florida has also held that the media is entitled to know of grand jury reports that find public corruption notwithstanding section secrecy See Miami Herald Pub Co Marko So 2d Fla In Marko the Florida Supreme Court recognized that the media plays a vital role in informing the public of the misdeeds of public servants and statutory grand jury secrecy cannot outweigh the publics right to be informed through its constitutionally protected news reporting Here The Palm Beach Post alleges overwhelming facts that raise serious questions as to why Epstein was prosecuted and sentenced in such a highly unusual and lenient manner At the heart of this issue is the publics right to know through the media whether the attorneys then working the case at the State Attorneys Office fulfilled their public duties or acted either corruptly or recklessly by misusing the grand jury process In this regard The Palm Beach Post analyzed section and presented a well-reasoned argument supporting the existence of a private right of action it properly focused on the interplay between section allowance for disclosure in furtherance of justice on the one hand with the publics right to know through the media under the First Amendment and the Florida Constitution This Court did not expressly address The Palm Beach Posts reliance on a combined constitutional and statutory basis for a section private right of action Instead it focused exclusively upon section and in holding that the in furtherance of justice exception is constrained by the statutes other secrecy provisions The State Attorneys section motion also ignores the constitutional role of the media in informing the public The fallacy of a purely statutory analysis without consideration of The Palm Beach Posts constitutional rights and obligations in conjunction with section is that justice can never be furthered as the statute authorizes unless the media is able to provide facts to the public CA/AronlliIE OB BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM as to whether its officials may have violated their oaths The Palm Beach Post acted in good faith and presented reasoned bases to justify the interplay between the federal and state constitutions and section It properly sought to enforce the rights of media in the Epstein case through the application of complex constitutional and statutory arguments to create new law Though the Court dismissed one of The Palm Beach Posts two claims such partial dismissal cannot support the State Attorney 2s section motion THIS COURT 2S LIMITED ORDER DISMISSING COUNT II DID NOT RESOLVE COUNTI The State Attorney 2s threadbare section motion assumes that this Court 2s Order extinguishes Count I Declaratory Judgment and renders Count I frivolous The State Attorney is demonstrably wrong Count II alleges that The Palm Beach Post has constitutional and statutory standing for it to overcome grand jury secrecy provisions furtherance of justice Count I in contrast does not allege a section private right of action Instead Count I seeks a declaration that the U.S Constitution 2s First Amendment and the Florida Constitution 2s analogous provisions along with section provide ample grounds for this Court to direct the release of the Epstein grand jury materials to The Palm Beach Post or require the Court to conduct an in camera examination of the same to balance the public 2s right to know through a free media with Florida 2s qualified statutory interest in grand jury secrecy These issues have yet to be addressed by a dispositive motion or by either Defendant The State Attorney 2s motion to dismiss Count II focused exclusively on section and did not acknowledge nor address any constitutional issues The same is true of the Clerk 2s motion to dismiss Concomitantly as stated above the Order was limited to the four comers of section and expressly did not consider The Palm Beach Posts constitutional arguments CA/ArdrMgWDSM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM as to whether its officials may have violated their oaths The Palm Beach Post acted in good faith and presented reasoned bases to justify the interplay between the federal and state constitutions and section It properly sought to enforce the rights of the media in the Epstein case through the application of complex constitutional and statutory arguments to create new law Though the Court dismissed one of The Palm Beach Posts two claims such partial dismissal cannot support the State Attorneys section motion TIDS COURTS LIMITED ORDER DISMISSING COUNT II DID NOT RESOLVE COUNTI The State Attorneys threadbare section motion assumes that this Courts Order extinguishes Count I Declaratory Judgment and renders Count I frivolous The State Attorney is demonstrably wrong Count II alleges that The Palm Beach Post has constitutional and statutory standing for it to overcome grand jury secrecy provisions in furtherance of justice Count I in contrast does not allege a section private right of action Instead Count I seeks a declaration that the U.S Constitutions First Amendment and the Florida Constitutions analogous provisions along with section provide ample grounds for this Court to direct the release of the Epstein grand jury materials to The Palm Beach Post or require the Court to conduct an in camera examination of the same to balance the publics right to know through a free media with Floridas qualified statutory interest in grand jury secrecy These issues have yet to be addressed by a dispositive motion or by either Defendant The State Attorneys motion to dismiss Count II focused exclusively on section and did not acknowledge nor address any constitutional issues The same is true of the Clerks motion to dismiss Concomitantly as stated above the Order was limited to the four corners of section and expressly did not consider The Palm Beach Posts constitutional arguments CA/Ardrlm9 0Bfll00 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM VI THE STATE ATTORNEY IS A PROPER PARTY The State Attorney also argues that it does not possess the Epstein grand jury materials and based upon this unsworn claim sanctions are also justified Again the State Attorney is incorrect as there is no factual or legal basis to impose sanctions upon its unsupported allegation While the State Attorney alleges his office does not currently have physical possession of the Epstein grand jury materials he has argued relying on section that the Clerk should not produce them By taking a position against disclosure the State Attorney has in effect asserted his right to the secrecy of the Epstein grand jury materials Stated another way the State Attorney claims the statutory right to prevent access to the Epstein grand jury materials the inverse of such a claimed right is that he has the right to provide access to the same materials The State Attorney 2s position actually supports The Palm Beach Post He was not named as solely a custodian of the grand jury records Rather he is a defendant in his official capacity as his office has its primary interest the protection of its grand jury system Italics in original In re Grand Jury Proceedings 2d 11th Cir In that case the federal government petitioned a Florida State Attorney to turn over state grand jury transcripts In opposition the Broward State Attorney argued against their release citing to section Later a federal grand jury served a subpoena upon the same State Attorney seeking grand jury transcripts The State Attorney advised the federal court that he would produce the transcripts thereby demonstrating that whether or not he has physical possession he had legal authority to obtain and deliver them pursuant to the subpoena For these same reasons the State Attorney in his official capacity is a necessary party Also assuming the State Attorney does not have physical possession Florida law does not prohibit his office from requesting Epstein grand jury materials from the Clerk Indeed as the State Attorney is well aware Chapter Fla Stats does not bar any State Attorney from accessing grand jury materials even after a defendant has been convicted and sentenced CA/ArohMf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM VI THE STATE ATTORNEY IS A PROPER PARTY The State Attorney also argues that it does not possess the Epstein grand jury materials and based upon this unswom claim sanctions are also justified Again the State Attorney is incorrect as there is no factual or legal basis to impose sanctions upon its unsupported allegation While the State Attorney alleges his office does not currently have physical possession of the Epstein grand jury materials he has argued relying on section that the Clerk should not produce them By taking a position against disclosure the State Attorney has in effect asserted his right to the secrecy of the Epstein grand jury materials Stated another way the State Attorney claims the statutory right to prevent access to the Epstein grand jury materials the inverse of such a claimed right is that he has the right to provide access to the same materials The State Attorneys position actually supports The Palm Beach Post He was not named as solely a custodian of the grand jury records Rather he is a defendant in his official capacity as his office has as its primary interest the protection of its grand jury system Italics in original In re Grand Jury Proceedings 2d 11th Cir In that case the federal government petitioned a Florida State Attorney to tum over state grand jury transcripts In opposition the Broward State Attorney argued against their release citing to section Later a federal grand jury served a subpoena upon the same State Attorney seeking grand jury transcripts The State Attorney advised the federal court that he would produce the transcripts thereby demonstrating that whether or not he has physical possession he had legal authority to obtain and deliver them pursuant to the subpoena For these same reasons the State Attorney in his official capacity is a necessary party Also assuming the State Attorney does not have physical possession Florida law does not prohibit his office from requesting Epstein grand jury materials from the Clerk Indeed as the State Attorney is well aware Chapter Fla Stats does not bar any State Attorney from accessing grand jury materials even after a defendant has been convicted and sentenced CA/Arof OB0J BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM vn THE STATE ATTORNEY 2S MOTION IS ADMITTEDLY PREMATURE The State Attorney also admits that his sanctions motion which is based on the motion to dismiss proceedings and resulting Order is 223premature See Exh attached hereto for a copy of Douglas Wyler 2s September email As set forth above those proceedings and the Order were focused on The Palm Beach Post 2s statutory claim not the declaratory relief claim The State Attorney acknowledges that his motion is not ripe because it first requires this Court 2s resolution of his later-filed summary judgment motion Unlike his motion to dismiss his summary judgment motion addresses The Palm Beach Post 2s remaining declaratory action claim for relief The State Attorney 2s admission demonstrates that his motion is contrary to the express language of section As stated above section a examines a claim or defense 223when initially presented to the court Because the merits of the State Attorney 2s sanctions motion admittedly depend upon this Court 2s resolution of his yet-unscheduled summary judgment motion the State Attorney 2s sanctions motion is premature Reznek Chase Home Fin LLC So 3d Fla 3d DCA As a premature motion it should be denied WHEREFORE The Palm Beach Post respectfully requests that the State Attorney 2s Fla Stat section motion be denied with prejudice and that the Court grant such other relief it deems just and proper Respectfully submitted GREENBERG TRAURIG P.A Attorneys for CA Florida Holdings LLC Publisher of The Palm Beach Post Stephen A Mendelsohn Esq Town Center Circle Suite Boca Raton Florida Telephone Facsimile By s/Stephen A Mendelsohn_ i CA/AroFMg OD02a0 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM VII THE STATE ATTORNEYS MOTION IS ADMITTEDLY PREMATURE The State Attorney also admits that his sanctions motion which is based on the motion to dismiss proceedings and resulting Order is premature See Exh A attached hereto for a copy of Douglas Wylers September email As set forth above those proceedings and the Order were focused on The Palm Beach Posts statutory claim not the declaratory relief claim The State Attorney acknowledges that his motion is not ripe because it first requires this Courts resolution of his later-filed summary judgment motion Unlike his motion to dismiss his summary judgment motion addresses The Palm Beach Posts remaining declaratory action claim for relief The State Attorneys admission demonstrates that his motion is contrary to the express language of section As stated above section a examines a claim or defense when initially presented to the court Because the merits of the State Attorneys sanctions motion admittedly depend upon this Courts resolution of his yet-unscheduled summary judgment motion the State Attorneys sanctions motion is premature Reznek Chase Home Fin LLC So 3d Fla 3d DCA As a premature motion it should be denied WHEREFORE The Palm Beach Post respectfully requests that the State Attorneys Fla Stat section motion be denied with prejudice and that the Court grant such other relief it deems just and proper Respectfully submitted GREENBERG TRAURIG P.A Attorneys for CA Florida Holdings LLC Publisher of The Palm Beach Post Stephen A Mendelsohn Esq Town Center Circle Suite Boca Raton Florida Telephone Facsimile By Isl Stephen A Mendelsohn CA/Aro OB0.aaff BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM STEPHEN A MENDELSOHN Florida Bar No mendelsdhns gtlaw.com smithl gtlaw.com FLService gtlaw.com By Michael Grygiel_ MICHAEL GRYGIEL Admitted Pro Hac Vice State St 6th Floor Albany New York Telephone Facsimile grygielm gtlaw:com By Nina Boyajian_ NINAD BOYAJIAN Admitted Pro Hac Vice Century Park East Suite Los Angeles California Telephone Facsimile riveraal gtlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 2nd day of October a true and correct copy of the foregoing has been filed with the Clerk of the Court using the State of Florida e-filing system which will send a notice of electronic service for all parties of record herein Stephen A Mendelsohn_ STEPHEN A MENDELSOHN ACTIVE CA/AroHHfSsPOOMaa BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM STEPHEN A MENDELSOHN Florida Bar No mendelsohns gtlaw.com smithl gtlaw.com FLService gtlaw.com By Michaeli Grygiel MICHAEL GRYGJEL Admitted Pro Hae Vice State St 6th Floor Albany New York Telephone Facsimile grygi elm gtlaw com By Nina Boyaiian NINA BOY AJIAN Admitted Pro Hae Vice Century Park East Suite Lo Angeles Cal1fornic1 Telephone Facsimile I.o boyajiann gtlaw.com riveraal gtlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 2nd day of October a true and correct copy of the foregoin has been filed with the Clerk of the Court using the Stat of Florida e-filing system which will end a notice of electronic service for all parties of record herein ACTIVE Isl Stephen A Mendelsohn STEPHEN A MENDELSOHN CA/Arorltlel BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT CA/ArcMffigJOBMM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT A CA/Aror lleIE OB0JJt I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM From Douglas Wyler To Mendelsohn Stephen A Shld-FTL-LT Subject Re PALM BEACH POST Epstein Date Friday September PM Mr Mendelsohn Again we will not withdraw the motion Please let me know when you are available for the case management conference or I will unilaterally schedule the hearing Doug Wyler Esq Jacobs Scholz Wyler LLC Gateway Blvd STE Fernandina Beach FL fax doug.wvler comcast.net Please be advised that this e-mail and any files transmitted with it are confidential attorney-client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are addressed If you are not the intended recipient please do not read copy or retransmit this communication but destroy it immediately Any unauthorized dissemination distribution or copying of this communication is strictly prohibited From MendelsohnS gtlaw.com Date Friday September at PM To Douglas Wyler Esq doug.wyler comcast.net Cc BoyajianN gtlaw.com gfygielm gtlaw.cofn Subject RE PALM BEACH POST Epstein Mr Wyler we appreciate your candor in admitting your motion is premature You must withdraw it as the motion has no basis which you acknowledge because the court has yet to address the merits of the dispute Please do so without further delay Thank you From Douglas Wyler doug.wyler comcast.net CA/AroHKEg OD02M BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM i Frorri To Subject Date Mr Mendelsohn Douglas Wyler Mendelsohn Stephen A CShld-ill-LD Re PALM BEACH POST Epstein Friday September PM Again we will not withdraw the motion Please let me know when you are available for the case management conference or I will unilaterally schedule the hearing Doug Wyler Esq Jacobs Scholz Wyler LLC Gateway Blvd STE Fernandina Beach FL fa doug.wyler comcast.net Please be advised that this e-mail and any file transmitted with it are confidential attorney-client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are a 267ddressed If you are not the intended recipient please do not read copy or retransmit this communication but destroy it immediately Any unauthorized dissemination distribution or copying of this communication is strictly prohibited From MendelsohnS gtlaw.com Date Friday September at PM To Dougias Wyler Esq doug.wyler comcast.net Cc BoyajianN gtlaw.com ifrygielm gtlaw.torn Subject RE PALM BEACH POST Epstein Mr Wyler we appreciate your candor in admitting your motion is premature You mLJst withgraw it as the motion ha_s no basis which you acknowledge because the court has yet to acjdress the merits of the dispute Piease do so without further delay Thank you From Douglas Wyler doug.wyler comcast.net CA/Aron OBOOJl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Sent Friday September AM To Mendelsohn Stephen A Shld-FTL-LT MendelsohnS gtlaw,com Cc Boyajian Nina Shld-LA-LT BpyajianN gtlaw.com Grygiel Michael Shld-ALB-LT Subject Re PALM BEACH POST Epstein TO GT Mr Mendelsohn I spoke with my client we will not withdraw our motion for attorneys fees Again we insist that the motion for summary judgment be heard first as 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 Being that we are unable to agree on the order of the motions to be heard I am filing the attached motion to set case management conference Please see the attached available hearing times for this motion and let me know what works best for you so we can resolve this matter Sincerely Do.iig Wyler Esq Jacobs Scholz Wyler LLC Gateway Blvd STE Fernandina Beach FL fax doug.wvler a comcast.net Please be advised that this e-mail and any files transmitted with it are confidential attorney-client communication or may otherwise be privileged or confidential and are intended solely for the individual dr entity to whom they are addressed If you are not the intended recipient please do not read copy or retransmit this communication but destroy it immediately Any unauthorized dissemination distribution or copying of this communication is strictly prohibited From MendelsohnS gtlaw.com Date Wednesday September at AM To Douglas Wyler Esq doug,wyler comcast.net Cc BoyajianN gtlaw.com grygielm a gtlaw.com Subject PALM BEACH POST Epstein Mr Wyler please let us know if the State Attorney will withdraw its sanctions motion without prejudice Thank you CA/AroMKEg OD03M BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Sent Friday September is AM To Mendelsohn Stephen A Shld-FT LT MendelsohnS gtlaw.com C_c BoyaJian Nina Shld-LA-LT B9yajianN gtlaw,com Gryg_iel Vlichael Shld-AL LT grygielm gtlaw.com Subject Re PALM BEACH POST Epstein EXTtRNAL TO GT Mr Mendelsohn I spoke with my cljent we will not withdraw our motion for attorneys fees Again we insist that the motion for summary judgment be heard first as 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 Being that we are unable to agree on the order o.fthe motions to b.e heard I arri filing the attachec:j motion to set ca managemeM conference Please see the attached available hearing times for this motion and let me knoyv what works best for you so we can resolve this matteL Sincereiy Do.ug Wyler Esq Jacobs Scholz Wyler LLC Gateway Blvd STE Fernandina Beach FL fax doug.wyler comcast-.net Please be advised that this e-mail and any files transmitted with it are confidential attorney-client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are addressed ff you are not the intended recipient please do not read copy or re.transmit this _communication but destroy it immediately Any unauthori ed dissemination distribution or 267copyirJg of this commLJni_cation is strictly prohibited From MendelsohnS gtlaw com Date Wednesday September at AM To Douglas Wyler Esq doug.wyler comcast net Cc BoyajiaoN gtlaw com grygielm gtlaw com Subject PALM BEACH POST Epstein Mr Wyler pleas let us know if the State Attorney will withdraw its sanctions motion without pr j1,1dice Thank.you CA/Aro OB BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM If you are not an intended recipient of confidential and privileged information in this email please delete it notify us immediately at postmaster 256etiaw.com and do not use or disseminate the information CA/AroMiagpOOMM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM If you are not an intended recipient of confidential and privileged information in this emaii please delete it notify us immediately at postmaster gtlaw.com and do not use or disseminate the information CA/Arofl OB BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM
