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 H?o I Idc rM?M rM 10Cy f헊?f?Tz e?e:Aa 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 CTX A A A 4v z"p A A A0A?A AK CTX A A?!k CX qCX YCX i!d A fi8 l8 yuZ 6L pH m?c sP;0 6ZR Ni P0 0Q X(P0s s(s p0 Pp CTX qq dR B/J Va A y!k N?M??N rC f?Nla3 Yz N?q qr NEeD d6 I I i i CTX GH FT 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 rC l0 WS zN pf1 ODV8L?m jC1DxV CTX CTX A qr 10Cy rYY Ң??P?V CTX C"C rqM?rq?q?qr qr CTX YY Jb?C.y CTX CTX GG4 A A G5 C.C M??r 10Cy rq YY C?J?yO c/XE?lgF GM??H p?ݡG Dp9Oh CTX CTX CJ4 I J6 CJ4 CK qrrM?q qq 9/CX?o CX qYqr rC dd?Z c6S ttcx A CTX CTX 10Cy rq rqYY X?qiX:4 3J Db ZH uD-8 1g?BH I vS 7Oo7u E?K?O J6 UJP U0 UT??ʴ UT UT UT O(p U(u UF1 iZ qr?r CX CX Yr zKW:E A K5M P-M UW VW L1J KJ56 N/Q SQ rC 6J ߵl ߵl 5TZ w8ĥDG oj?K _4 N)?Y Hp pRqc?W26 vz?WBrz?ZB??3X H4 CTX A CTX X4 U5 P8 5D qr qr 10Cy qr YY Mo?ANp D01jJ 9F bzEV 4O 8V CTX O!o CTX KK AA qr A C5 qr rYY 1A?CC V9 a c?F CTX A G5 qr EeD?M CTX 9?rY 10Cy rq qY ȠX1 a f??B CTX 9F I CTX 6D N?qr rrqq qC O?J RmA??b"0 M?.F q?D B?G CTX CTX F4 d6P A F4 qr rYY 4G AV8 CTX UY UL0 U0 U0 U0 UF UF UFAGA UA UA UAL UL UL UL UL UL UL U7 U7 U7 U7 U7 U7 U7 2EH GTU U/U OUoU UV G1 CTX TUV 1G 7A UA UAL X7 U7 U7 U77XL UL UL ULLYX KTX 8Y GJ A UMAT UD 7M GVW GF10 MWA LL MPM M?M 4M XY qr qr qr NEeD 10Cy qYY E2 GH l1 Pd h3V g?KIq V5kL O65S d_xKKU vV 5H p1 Z6 CTX U0 U1 CTX U0 U1 A0 1D qr qr 10Cy YY K??Kl 1B AMwv 1K F1 KV yW Gd T?H CTX CTX I CK M?qr K?SK?PQZ I IRZX 8YCX 10Cy qr CX kv zg S5kB??a iG wA CTX U2 6Y CTX U2 6Y I K,,j j,s 6Y P!p qr 10Cy qr YY G?O 9K mSd X0 9r?yal 1d bY0 XNf??qN D?J 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 was empaneled during the first Jeffrey Epstein hereinafter 223Epstein sex abuse investigation hereinafter 223Requested Materials Complaint pg Plaintiff seeks to use the Requested Materials 223for the purpose of informing the public Id Plaintiff seeks the above-referenced declaratory relief including copies of the Requested Materials from both Aronberg as State Attorney of Palm Beach County Florida and Defendant Sharon Bock as Clerk and Comptroller of Palm Beach County Florida hereinafter the 223Clerk Neither Aronberg nor the Office of the State Attorney for the Fifteenth Judicial Circuit 223SAO is in control custody or possession of the Requested Materials Aronberg Aff attached as Exhibit The declaratory relief sought by the Plaintiff seeks materials that are impossible for Aronberg or the SAO to produce Exhibit Neither Aronberg nor the SAO has the legal authority to obtain and/or deliver the Requested Materials Exhibit The undisputed facts set forth above in paragraphs have been repeatedly made evident by Aronberg to the Plaintiff and the public through not only the pleadings and correspondence in this matter but also through an office press release and Aronberg 2s public social media accounts Exhibit Neither Aronberg 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 Exhibit During Aronberg 2s administration neither he nor his office has accessed grand jury materials from the Clerk 2s office in this or any other instance Exhibit CA/AroMEf OO0a30 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM was eJ 1paneled during the first ffrey Epstein hereinafter Epstein abuse investigation hereinafter Requested Materials Complaint pg Plaintiff seeks to use the Requested Materials for the purpose of informing the public Id Plaintiff seeks the above-referenced declaratory relief including copies of the Requ sted Materials from both Aronberg as State Attomey of Palm Beach County Fioric;la and Defendant Sharon Bock as Clerk and Comptroller of Palm Beach County Florida hereinafter the Clerk Neither Aronberg nor the Office of the State Attomey for the Fifteenth Judicial Circuit SAO i_s in control custody or p9ssession of the Requeste_d Materials Aronberg Aff i attacheq as Exhibit A The declaratory relief sought by the Plaintiff seeks materials 267that are impossible for Aronberg or the SAO to produce Exhibit A i Neitlier Atonberg nor the SAO has the legal authority to obtain and/or deliver the Requested Materiais Exhibit A i The undisputed facts set forth above in paragraphs have been repeatedly made evident by Atoilberg to_ the Plaintiff and the public through not orily the pleadings and correspondence in this matter but also through an office press release and Aronbergs publ_ic social media accounts Exhibit A i Neither Aronberg 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 Exhibit A i Durig Aronbergs adminis_tration neither he nor his office has accessed grand jury materials from the Clerks office in this or any other instance Exhibit A i CA/Aroritlar OB BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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 Exhibit MEMORANDUM OF LAW I Legal Standard Governing Motions For Summary Judgment 223The judgment sought shall be rendered forthwith if the pleadings depositions answers to interrogatories and admissions on file together with the affidavits if any show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law Rule Fla Civ It is appropriate to resolve a declaratoiy action on summary judgment when as here the decree seeks a legal interpretation of a statute Rahimi Global Discoveries Ltd LLC So 3d Fla 5th DCA IL The Requested Materials Can Only Be Released By The Clerk Pursuant To A Court Order Notably neither Aronberg nor the SAO is in control custody or possession of the Requested Materials Exhibit Nonetheless pursuant to Section Florida Statutes and the Court 2s inherent authority Plaintiff seeks a court order declaring that Aronberg provide copies of the Requested Materials to The Palm Beach Post for the purpose of informing the public Complaint pg Plaintiff is seeking declaratory relief alleging its entitlement to the Requested Materials pursuant to the 223furthering justice exception to grand jury secrecy Fla Stat Despite bringing its declaratory relief claim pursuant to Section Florida Statutes single part of a statute should not be read in isolation Universal Prop Cas Ins Co Loftus So 3d Fla 4th DCA 223Instead 221all parts of a statute must be read together in order to achieve a Consistent whole Id quoting Forsythe Longboat Key Beach Erosion Control Disi So 2d Fla CA/AroriHelrj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM As provided in section Florida Statutes the Clerk has sole c4stody and possession of the Requested Materials which can only be released by the Clerk pursuant to an order of the Court Exhibit A i MEMORANDUM OF LAW I Legal Stand:ird Gover ing fotic:,ns For Summary Judgment The judgment sought shall be rendered forthwith if the pleadings clepositions answers to interrogatories and admissions on file together with the affidavits if any show thatthere is no genuine issue of material fad and that the moving party is el titled to a judgment as a ri1atter of law Rule Fla Civ It is appropriate to resolve a declaratory action on summary judgment wheil as here the decre se ks a legal interpretation of a statute Rahimi G/9b Dfscqveries Ltd LLC So 3d Fla 5th DCA II The Requested Materials Can Only Be Released By The Clerk Pursuant To A Court Order Notably neither Aronberg nor the SAO is in control 265stody or possession of the Requested _Materials Exhil it A i Nonetheless pursuant to Secti9n Floricla Statut and the Courts inherent authority Plaintiff seeks a court order declaring that Aronberg provide copies of the Requested Materials to Tlze Palm Beach Post for the purpose of iilforming the public Complaint pg Plaintiff is seeking declaratory relief alleging its entitlement to the Reql ested Mat rials pursuant to the furtheri gjustice exception to grand jury cr cy Fla Stat De pite bringing its declaratory relief claim pursuant to Section Florida Statutes a single part ofa statute should not be read in isolation Universal Prop Cas Ins Co Loftus So 3d Fla 4th DCA Instead all parts of a statute must be read together in order to achieve a consistent whole_ Id quoting Forsythe Longbo.at Key BegchErosion Control Disi So 2d Fla CA/Arorl.tlei BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Section Florida Statutes makes clear that grand jury records like the Requested Materials in this matter are to be maintained with the Clerk and 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 and 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 of the court pursuant to Section Florida Statutes Emphasis added Text context and purpose are the ordinary tools used for discerning statutory meaning with the overarching principle being 223that 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 Here the plain language of section is clear and unambiguous and therefore controls See Horowitz Plantation Gen Hosp Ltd 2ship So 2d Fla Accordingly based on the clear unambiguous statutory language set forth in section only the Clerk not the State Attorney may release grand jury materials pursuant to an order of the court Thus it is apparent that Aronberg and the SAO lack the legal authority to obtain and deliver the Requested Materials Exhibit Likewise the declaratory relief sought by the Plaintiff seeks materials that are impossible for Aronberg or the SAO to produce Exhibit Again the Clerk has sole custody and possession of the Requested Materials These facts have been repeatedly made evident by Aronberg to the Plaintiff and the public through not only the pleadings and correspondence in this matter but also through an office press release and Aronberg 2s public social media accounts Exhibit Although the above-referenced statutory authority illuminates the fact that only the Clerk may release grand jury records like the Requested Materials herein it.remains significant to note that neither CA/ArcM 0D 2M BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Sectio Florida Statutes i:nakes clear that grand jury cords like the Requested Materials in this matter are to be maintained with the Clerk and can only be reieased by the C1erk pursuant to a court order To wit The stenographic records notes and transcriptions made by the court reporter or stl:!nographer shall be filed with the clerk who shall keep them in a sealed container not su,bject to public inspection The iiotes records and transcriptions q.re coJ?fide,ztial a_ni.l exempt frorn the provisions qf and a Ar I qf the St_ai Constitution and shall be released by ihe clerk only on request by a grrind jury for use by the grand jwy or on order of the court pursuant to Section Florida Statutes Emphasis added Text context and purpose are the ordinary tools used for discerning statutory meaning with the oven1rching 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 oflegislative power Id Here the plain language of section is clear and unambiguous and therefore _controls See Horowitz Plantation Gen Hosp Ltd ship So 2d Fla AGcorclingly pased on the clear unarr.ibig ous stat1.Mry nguage set foith in section only the Clerk not the State Attorney may reiease grand jury materials pursuant to an order of the court Thus it is apparent that Aronberg and the SAO lack the legal authority to obtain and deliver the Requested Materials Exhibit A Likewise the decla_r;itory relief sought by the Plaintiff seeks materials that are impossible for Aronberg or the SAO to produce Exhibit A Again the GJerk has sole 265stcidy and possession of the Requested Materials These facts have been repeatedly maq.e evident by Aronberg to the Plaintiff and the public through not only the pleadings and correspondence in this maher hut also through an office press release ano Aronbergs public social media accounts Exhibit"A Alth9ugh the above-refi:_irenced statutory authority ill 265minates the fact that only the Clerk may release grand jury records like the Requested Materials herein it.remains signiilcant to note that neither CA/Aroollal!U PB BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Aronberg 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 Exhibit Hence during Aronberg 2s administration neither he nor his office has accessed grand jury materials from the Clerk 2s office in this or any other instance Exhibit I Conclusion The ultimate facts underlying the lawsuit are not in dispute The Court is fully empowered to dispose of this matter based on application of the undisputed facts to the plain language of Section Florida Statutes which renders the Plaintiffs action for declaratory relief ah impossibility for Aronberg to perform and that must be denied as a matter of law WHEREFORE Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests that this motion be granted and that summary final judgment be entered in his favor consistent with this motion and hereby respectfully requests that this Court dismiss the Complaint with prejudice and grant such other relief including attorney 2s fees and costs as this Court deems fit and proper under the circumstances CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 18th day of August a copy of the foregoing has been electronically filed with the Florida E-File Portal for e-service on all parties of record herein JACOBS SCHOLZ WYLER LLC 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 CA/AroFMjJOeMaa BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Aron rg nor the SAO has the authority to demand th l,t the Clerk grant tl;e S1 access to grand jury materials after a criminal case has concluded Exhibit A Hence during Aronbergs admitiistratioil neither he nor his office has accessed grand jury materials from the Clerks office in this or any other instance Exhibit A i Condu!iion The ultimate facts underiying the lawsuit are not in dispute The Court is fully empowerecl to dispose of this matt based on application of the undisputed facts to the piain language of Section Florida Statutes which renders the Plaintiffs action for declaratofy relief an impossibility fot Aronberg to perform and that must be denied as a matter of law WHEREFORE Defenclant DA VE ARONBERG as State Attorn 9f Palm J3e11cl C9upty Florida respectfully requests that this motion be granted and that summary final judgment be entered in his favor consistent with this motion and hereby respectfully requests that this Court dismiss the Complaint with prejudice and grant such her relief including attorneys fees and costs as this Court deems fit and proper under the circumstances CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 18th day of August a copy of the foregoing has been electro1iically filed with the Florida E-File Portal fore-service on all parties of rec.ord 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 Flor1da Fax Primary jacobsscholzlaw comcast.net CA/Arofl.fuQ OB BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM General Counsel for the Florida Prosecuting Attorney 2s Association CA/AroFtiaD0P BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I General Counsel for the Florida Prosecuting Attorneys Association CA/AroFlaE!!J OP BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I EXHIBIT EXHIBIT CA/AropUa M3 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT A EXHIBIT A CA/AroFl OP BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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 CASENO DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants AFFIDAVIT OF DAVID ARONBERG STATE OF FLORIDA COUNTY OF PALM EACH 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/Paim Beach County Florida since and a Defendant in the above-captioned matter Plaintiff is seeking declaratory relief pursuant to Fla Stat and the Court 2s inherent authority allowing Plaintiff access to the testimony minutes and other evidence presented in to the Palm Beach County grand jury the 223Requested 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 223SAO 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 hot only the pleadings and correspondence in this matter but also through an office press release and my public social iriedia accounts BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE qRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COlNTY FLORJDA CA FLORIDA HOLDINGS LLC Publisher oft1e PALM BEACH 267POST Plaintiff DA VE ARQNBERG as State Attpmey of Palm Beach County Florida SHARON BOCK as Clerk l!lld Comptroller of Palm Beach County Florida Defendants CASE NO I AFFIDAVIT OF DAVID ARONBERG STATE Of FLORIDA COl NTY OF PALM BEACH Before me the undersigned authority personally appeared DAVID ARONBERG being first duly sworn states I My name is David Dave Aronberg and lam the State Attorney for the Fifteenth Judicial Circuit/Palm Beach County Florida since and a Defendant in the above-captioned matter Plaintiff i seeking declaratory relief 267ursuant to Fla Stat and the.Courts inherent authority allowing Plaintiff access to the testimony m_inutes and other evidence presented in to the Palm Beach County grand jury the Requested Materials and to use those materials for the purpose ofinforming the public Despite Plaintiffs above-described action for declaratory 267.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 nie or my office to produce To be dear neither myself the SAO has the legal authority obtain and deliver the Requested Materials I have repeatedly made these facts evident to the Plaintiff arid the public through not only the pleadings and orresj ondence ii this in tter but also through an office press release and my public social media accoun a CA/Arofl.tleQ 0B0J.tNI BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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 Clerk 2s 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 Despite the contentions of Plaint_iff neither myself nor the SA:O has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has conclud Moreover du_ring my administration neither flyself norm office has accessed grand jury 267materials 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 SA
