Case Document Entered on FLSD Docket Page of JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CV-80119-MARRA/JOHNSON I CASE NO 08-CV-80232-MARRA/JOHNSON I CASE NO 08-CV-80380-MARRA/JOHNSON I CASE NO 08-CV-80381-MARRA/JOHNSON I Case Document Entered on FLSD Docket Page of Doe Epstein Page2 JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant I C.M.A Plaintiff JEFFREY EPSTEIN Defendant I JANE DOE Plaintiff JEFFREY EPSTEIN et al Defendants I DOE II Plaintiff JEFFREY EPSTEIN et al Defendants I CASE NO 08-80994-CIV-MARRA/JOHNSON CASE NO 08-80993-CIV-MARRA/JOHNSON CASE NO 08-80811-CIV-MARRA/JOHNSON CASE NO 08-80893-CIV-MARRA/JOHNSON CASE NO 09-80469-CIV-MARRA-JOHNSON Case Document Entered on FLSD Docket Page of Doe Epstein Page3 JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant JANE DOE NO Plaintiff JEFFREY EPSTEIN Defendant I CASE NO 09-80591-CIV-MARRA-JOHNSON CASE NO 09-80656-CIV-MARRA/JOHNSON DEFENDANT EPSTEINS RESPONSE TO PLAINTIFFS JANE DOE NOS AND MOTION FOR LEAVE TO FILE UNDER SEAL RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO STAY OR IN THE ALTERNATIVE TO UNSEAL THE NONPROSECUTION AGREEMENT dated DE Defendant JEFFREY EPSTEIN EPSTEIN by and through his undersigned attorneys responds to the Plaintiffs Jane Doe No and Jane Doe No Plaintiffs Motion For Leave To File Under Seal Response In Opposition To Defendants Motion To Stay Or In The Alternative To Unseal The Nonprosecution Agreement and states This Court has already entered orders preserving the confidentiality of the Non Prosecution Agreement NP A and denying prior attempts to have the document unsealed See Courts Orders attached hereto as Exhibit A and Exhibit respectively entered in In Re Jane Does and Petitioners Case No 08-80736-CIV-MARRA/JOHNSON A Order To Compel Production And Protective Order DE dated August and Order DE dated February on Petitioners Motion To Unseal Non-Prosecution Agreement DE Both of these Orders are clear that the terms of the NP A are to remain confidential and remain Case Document Entered on FLSD Docket Page of Doe Epstein Page4 protected from being disclosed to third parties The NP A is an agreement between the United States Attorneys Office and EPSTEIN Plaintiffs motion presents nothing in support of this Court modifying its prior orders Significantly even the United States Attorneys Office USAO along with Defendant has strongly opposed making the NP A public Attached as Exhibit hereto is Respondent United States of Americas Opposition To Victims Motion To Unseal Non Prosecution Agreement dated October DE also filed in In Re Jane Does and Petitioners Case No 08-80736-CIV-MARRA/JOHNSON In opposing the petitioners attempts to make public the terms of the NP A the United States in the Response Exhibit stated Since the Agreement NP A has not been filed under seal with this Court the legal authority cited by petitoners regarding sealing of documents United States Ochoa-Vasque F.3d th Cir is inapposite The parties who negotiated the Agreement the United States Attorneys Office and Jeffrey Epstein determined the Agreement should remain confidential They were free to do so and violated no law in making such an agreement Since the Agreement has become relevant to the instant lawsuit petitioners have been given access to it upon the condition that it not be disclosed further Petitioners have no legal right to disclose the Agreement to third parties or standing to challenge the confidentiality provision After the United States response Exhibit this Court entered its Order Exhibit agreeing with the United States position and maintaining the confidentiality of the NP A in accordance with its prior Order Exhibit A The victims who were provided a copy of the NPA were and are required to maintain the NP As confidentiality and not disclose the terms to third parties Other parties in the consolidated cases have been able to file their responses without a similar request being made Defendant believes that these Plaintiffs can fully respond without the need to file under seal and reference provisions generally However if the Court is Case Document Entered on FLSD Docket Page of Doe Epstein Page inclined to grant this Order then in order to continue to protect the confidentiality of the NP A and to comply with the Courts prior Orders Exhibit A and Exhibit Defendant would agree to allow Plaintiff to file under seal her response and reference only those portions identified herein of the NP A which are potentially relevant to the issues arising under claims brought pursuant to U.S.C and thus that may have impact on Defendants motion for stay and Plaintiffs response thereto Specifically the only portions relevant for this Court to make a decision on Defendants motion and Plaintiffs response are paragraphs andl0 of the NPA and paragraphs 7A 7B and 7C of the Addendum To The NPA WHEREFORE Defendant requests that this Court enter an Order denying any attempts by Plaintiffs to unseal or make public or to disclose to third parties the terms of the NP A and to deny Plaintiffs move to file their response under seal or if the Court is inclined to grant the motion to allow Plaintiff to file her response to the motion to stay and only the specified portions of the NP A and Addendum thereto under seal 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 10th day of June Respectfully sub By ROBERT RITTON JR ESQ Florida Bar rcrit bclclaw.com MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Flagler Drive Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Doe Epstein Page Phone Fax Counsel for Defendant Jeffrey Epstein Case Document Entered on FLSD Docket Page of Doe Epstein Page Certificate of Service Jane Doe No Jeffrey Epstein Case No 08-CV-80119-MARRA/JOHNSON Stuart Mermelstein Esq Adam Horowitz Esq Mermelstein Horowitz P.A Biscayne Boulevard Suite Miami FL Fax ssm sexabuseattorney.com ahorowitz sexabuseattorney.com Counsel for Plaintiffs in Related Cases Nos Richard Horace Willits Esq Richard Willits P.A th Avenue North Suite Lake Worth FL Fax Counsel for Plaintiff in Related Case No reelrhw hotmail.com Jack Scarola Esq Jack Hill Esq Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach FL Fax jsx searcylaw.com jph searcylaw.com Counsel for Plaintiff C.M.A Brad Edwards Esq Rothstein Rosenfeldt Adler East Las Olas Boulevard Suite Fort Lauderdale FL Phone Fax bedwards rra-law.com Counsel for Plaintiff in Related Case No Paul Cassell Esq ProHac Vice South Room Salt Lake City UT Fax cassellp law.utah.edu Co-counsel for Plaintiff Jane Doe Isidro Garcia Esq Garcia Law Firm P.A Datura Street Suite West Palm Beach FL isidrogarcia bellsouth.net Counsel for Plaintiff in Related Case No Robert Josefsberg Esq Katherine Ezell Esq Podhurst Orseck P.A West Flagler Street Suite Miami FL Fax Case Document Entered on FLSD Docket Page of Doe Epstein Page Bruce Reinhart Esq Bruce Reinhart P.A Australian Avenue Suite West Palm Beach FL Fax ecf brucereinhartlaw.com Counsel for Defendant Sarah Kellen Theodore Leopold Esq Spencer Kuvin Esq Ricci-Leopold P.A PGA Blvd Suite Palm Beach Gardens FL Fax Counsel for Plaintiff in Related Case No skuvin riccilaw.com tleopold riccilaw.com rjosefsberg podhurst.com kezell podhurst.com Counsel for Plaintifft in Related Cases Nos and Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Fax i agesg bellsouth.net Counsel for Defendant Jeffrey Epstein
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