weren;t credible The state attorneys office also implied that their credibility was an issue when it decided riot to ch::i.rge Epstein directly but instead give the case to the grand jury CA/AroPtL9E Ai BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM U?vO?OP?F3O G?M?tI?OO?G0 W?ii?W8x??I7 I K?K A o(o3oBz 4K 30KCb 2e p2t 2A A Q?8F JK TZ N?M?r NEeD?M rq A WS?nY?GE mR?d YBWY xy?u?u i hSKI YjnU?zy?h ZF?gj?_?Ґ y:1y E?ak?2 g6 EeD T?J Lf Kf??w k?հ F?R A EN NE_ _Ey sCyH C?H C?H C?I QIC9 4O L0L?L?L L?Sjz 6F I I 6K Jn EDb 2O I1 9Cv A ngq 31Fs_g d6 TZ 5_ jz qr A..AA?A..AA g6 X?a M?N q?M 10Cy J?tZ m?E9q6t ORA?豕ar A i A i A i A I 1z I q?M CTX qY CTX qr a nd blWF uq??Ԑgg?8 9A A I 0b qr h:?WB p?c O?H lOK8 A Og I M?q qr un i W!k CTX yN?hY W?Qsyzo KMu?m M??N q?M CTX Y10Cy شl a GF3IW O?ljcప H?X?D?S G5 G5 CTX qr q0T3 o3z I_ 3j i jh3 A 0b l??9Lڱ?lVy 1x vff?516SP?ml V?rL?k?Nfq??yasZ??l OiwvO4h/??F zWH9j شl Ƨw??ơ ByMY?YA_ eݷ?y?j Na?x?wV g6 AA..AA,/AB..AA A..AA..A B..AA..B g6 jz AA..AA gq 1:K6Bg AA 31Fs_g CTX A 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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 pr IB tor has to look at it in a much broader a state attorney 2s spokesman said last week jN TBLUQHW QR II Epstein hired Harvard law Professor Alan Dershowitz when he became aware he was under investigation and Dershowitz gave prosecutors information that some of the alleged victims had spoke of using alcohol and marijuana on a popular Web site according to a Palm Beach police report Prosecutors typically consider two things in deciding whether to charge somebody with sex-related offenses against minors whether there is sufficient evidence arid whether there is a public interest in doing so Dekle said If two teens are in a sexual relationship and the boy turns before the girl he could be charged with a sex crime if the sex continues There would be no public interest in pursuing that Dekle said But where there is a large gap in ages and especially in cases of teachers with students there is a public interest in prosecuting he said Likewise if the accused has a track record of sex with minors BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM A pr.tor has to look at.it in a much broader fa a state attorneys spokesman said last week 225INJYfe.l,LJ TI iJ ic4l Epstein hired Harvard law Professor Alan Dershowitz w,h he bec:a,me ware he wa under investigation and Dershowitz gave prosecutors 1forn1?,tion that som ofthe alleged victims had spoke of using alcohol and marijuana.on a popular Web site according to a Palm Beach police report Prosec 265tors typicc1,lly ccmsider two things in deciding whether to charge someb:ody with sex-related offenses against minors whether there is sufficient evidence and whether ther is a puplic interest ll.l doing so Dekle said If two teens a.re in a sexual relationship and_ the boy tums before tlie girl he could be chaq ed with a sex crime if the co1:1dnues There would be no public interest in pursuing that Dekle said But where there is a large gap in ages and especially in c::i,ses of teachers with students there is a public interest in prosecuting he said Likewise if the accused has a track record of sex with minors CA/Aro fl:ffo?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Still is a in prosecuting tl cases Dekle said Men who exploit underage children for sex often carefully choose their victims in ways that Will minimize the risk to them he said Victims usually are from a lower social status and they may suffer from psychological problems Dekle said 223Lots of child sexual abuse victims have been victimized by multiple people over a period of time Then the act of abuse produces behavior in the victims that further damages their credibility Examples include promiscuous behavior and drug abuse Some of the alleged victims in the Epstein case returned to his home multiple times for the massage sessions and the to he typically paid them per visit 223That would be a definite problem for the prosecutor said Betty Resch who prosecuted crimes against children in Palm Beach County for five years and now is in private practice in Lake Worth 223The victim becomes less sympathetic to a jury Resch said 223But she 2s a victim nevertheless She 2s a kid Most men charged with sex crimes against minors look normal Dekle said A jury expecting to see a monster seldom will And the victims ages work against them and in favor of the defendant in a trial Dekle said If a child and an adult tell different stories and both swear they 2re telling the truth adult jurors are more likely to believe the adult Dekle said 223You have all these things working against you in a child sex abuse case Prosecutors normally try to be very careful in filing those cases because they know what they 2re getting into There is no such thing as an iron-clad child sexual abuse Case CA/Ar 260pft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Still t.is a unjversal.constant 1n pros cud.ngt cases Dekle said Men who exploit underage children for se.l often carefully choose their victims in ways that will minimize the risk to them,.he said Victims uaHy ire from a lower soc:fal status and they may suffer from psychological problems Dekle said Lots of child sexual abuse victims have been victimized by multiple people vet a period of time Then the act of abuse produc;es behavior in the victims that further damages their credibility Examples include promiscuous behavior and drug abuse S9me of the alleged victims.in the Epstein case returned to his home.multiple times for the massage sessions and the he 225typically paid them pervisit That would be a definite problem for the prosecutor said Betty 267Resch who prosec:uted crimes against children in Palm Beach County for five years and now is in private practice in Lake Worth The victim becomes less sympathetic to a jury Resch said But shes a victim neverthele_ss Shes a kid Most men charged with sex crimes against minors look honiial Dekle said A jury expecting to see a monster seldom will And the victims ages work against them and in favor of the defendant in a trial Dekle said Ifa child and an adult tell different stories and both swear theyre telling the truth adult jurors are more likely to believe the adult Dekle sa1d You have all thes things working against you in a child sex abuse case Prosecutors normally tty to be very careful in filing those cases because they know what theyre getting into There is no such thing as an iron-dad child sexual abuse case CA/Arapa Ai9M BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM fne Palm Beach Bast REM NEWS STURTS78.1 HERE Epstein camp calls female accusers liars Posted Aug at AM Updated Oct at PM EDITOR 2S NOTE This story originally published in The Palm Beach Post on Aug Attorneys and publicists for Palm Beach financier Jeffrey Epstein went on the offensive Monday contending that teenage girls who have accused Epstein of sexual shenanigans at his waterfront home are liars and saying that the Palm Beach Police Department is childish There never was any sex between Jeffrey Epstein and any underage women his lead attorney Jack Goldberger said from Idaho where he was vacationing with his family Epstein did have young women come to his house to give him massages Goldberger said Epstein absolutely insisted anybody who came to his house be over the age of How he verified that I don 2t know The question is did anything illegal occur The law was not violated here He had no explanation as to why Epstein would pay girls or women with no massage training as the alleged victims said was the case to for their visits The credibility of these witnesses has been seriously questioned Goldberger said Epstein was indicted by a county grand jury last month on a charge of felony solicitation of prostitution After an 11-month investigation that included sifting through Epstein 2s trash and surveilling his home Palm Beach police concluded there was enough evidence to charge him with sexual activity with minors When the grand jury indicted CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM stein 267amn,.calls 267fem 267ale ac,cuse,rs I lia,ts Posted Aug at AM Updated Oct PM EDITORS NOTE This st9ry 01:iginally publish_ed in The Palm Beath Poston Aug:.8 Attorneys and publicists for Palm Beach financier Jeffrey Epstei11 went on the offensive Monday c9ntending that teenage iris who have accused Epstein of sexual shenanigans athis waterfront home are liars and saying that t_he Palm ach Polic nepartment is cl1ildish There never was any s.ex between Jeffrey Epstein and any underage women his lead attorney Jack Goldberger said from Idaho where he was vacationing with his family Epstein q.id have youp.g worp.en c9me to his ho-qse t.o give him massages Goldberger said JVlra Epstein absolutely insisted anybody who came to his house be over the age 6f How he verified that I dont know The question is d1d anything illegal CUr The law was not violated here He had no explanation as to why Epstein wouid pay girls or women with no massage training as the alleged victims said was the case to for thefr visjts The credibility of these witnesses has been seriously qt1estioned Goldberger said Epstein was indicted by a county grand jury last month on a charge of felony solicitation of prostitution After ail 11.:tnonth investigatioh that included sifting throu Epsteins trash ahd surveilling his home Palm Beach police mcl.uded there was enough evide.nce to charge him with sexual activity vith minors When the grand jury indicted CNArof1fL8fflj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Epste the less serious charge Police Chief Mi Reiter referred the case to the FBI to determine whether there were federal law violations After a spate of stories about the case last week New York publicist Dan Klores whose client list has included Paris Hilton and Jennifer Lopez said on Saturday that Epstein 2s camp was ready to get their story out They did that Monday via Goldberger and a Lbs Angeles publicist for Miami criminal defense attorney Roy Black who also has represented Epstein in the case We just think there has been a distorted view of this case in the media presented by the Palm Beach police Goldberger said Reiter has consistently declined to comment on the case and did not respond to a request for comment Monday The implication that State Attorney Barry Krischer Was easy on Epstein by presenting the case to a grand jury rather than filing charges directly against him is wrong Goldberger said CA/AraPft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Epste the less seriou_s charge Police Chief Mi Reiter referred the case to the FBI to determine whether there were federal law violations After a spate of stories about the case last week,Ne,v.Yotk pub ic.:ist Dan Klores whose client list has included Paris Hilton and Jennifer Lopez said_ on Saturday that Epsteins camp was ready to gettheir story out They did that Monday via Goldberger a:nd a Los Angeles pu_blicist for Mjami c;:rimin defense attorney Roy Black who also ha:s represented Epstein in the case We just think there has been a distorted view of this case i_n the media presented by the Palm Beach police Goldberger said Reiter ha:s consistently declined to cqmment on the case and did hot respond to a request for comment Monday The implication that State Attorney Barry Krischer was e,1sy on Epstein by presenting the case to a grand jury rather than filing charges directly against h1_m is wrpp.g Goldberger said CA/Arop Ai BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The Beach Police Department was happy an ecstatic that the panel was going to review the evidence think what happened is they weren 2t happy with the result They decided to use the press to embarrass Mr Epstein But records show that Reiter wrote Krischer on May well before the case went to the grand jury suggesting that Krischer consider if good and sufficient reason exists to require your disqualification from the prosecution of these cases Rather than flat-out decline to charge Epstein Krischer referred the case to the grand jury to 223appease the chief Goldberger said A state attorney 2s spokesman would say only that the office refers cases to the grand jury when there are issues with the viability of the evidence or witnesses credibility Both the state attorney and the grand jury concluded there was not sufficient evidence that Epstein had sex with minors according to Goldberger Was just a childish performance by the Palm Beach Police Department Goldberger said The defense attorney said one of the alleged victims who claimed she was a minor was in fact over the age of Another alleged victim who was subpoenaed to testify to the grand jury failed to do so Epstein 2s accusers he added have histories of drug abuse and thefts These women are liars We 2ve established that But why would they all in vent their stories about meeting Epstein for sexual massages I don 2t have an answer as to what was the motivation for these women to come forward and make these allegations Goldberger said BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The Beach Police Department wa happy an ecstatic that the panel was going to review the evidence tI think what happened is they werent happy with the result They decided to use the press to embarrass Mr Epstein Bu.r records show that Rejter wrote _Krischer on May well before the case went to the grand jury suggesting that Kristhet consider if good and sufficient-reason exists to require your disqualifkation from the prosecution of these cas_es Rather than flat;..out decline to charge E.pstein Krischer referred the case to the grand jury to appease the chief Goldberger said A state attorneys spokesman would say orily that the office refers cases to the grand jury when there are issues with the vfability of the evidence or witnesses ctedibility Both the stc1.t attofl_ley and the grand jury concluded there was not sufficient evidence that Epstein had sex with minors according to Goldberger It was just a childish performance by the Palm Beach Police Department Goldberger said The defense attorney sa:id one of the alleged victims who claimed she was a minor was in fact over the age of Another alleged victim who was subpoenaed to testify to the grand jury failed_to do so Epsteins accusers he rclcled ha:ve histories of drug abuse and thefts These women are liars We.ve established that But why would they all invent their stories about meeting Epstein for sexual massages I dont have ah answer as to what was the motivation for these women to come forward and make these allegations Goldberger said CNArop Ai BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Newspapers ty ancestry The Palm Beach Post West Palm Beach Florida Aug Mon Pagej Downloaded on Nov Palm Beach IUJ prdw 273Msal jUv azw iu it 2434dfnn rw 273nnim srf t4 SWt rttwl ftdfn jtzsA a 200hrfMkWlk mauVTTO at Hda Bra rt 253tlb wwl tetWsdjtlo eHtw bc gp kw ewi wKnbWtti grass 3E 256SST brirrsrai 2Pr a ttwj xf Erfeif tberifajHi A Frkv jart wi laUrtesnasj tw isdfd baifeUj sfF sgrfS fifft 4W a fca 256wku txefcssl wl dBi idtww 273raa Pt tai i;O i thankal RriifT,toAtSrn fr sriW 3fiarxa 253aomU jow4lw rJstra KttwAfAczWVO vnhte aUt ra nChMe mwIa nartr 273lrr Bm sts pvtiBiMrc ktcngtafori tafor tf4 U/EdirLirtcaiiOxTnf ci rML-h i Sa 4iiroj wbn-..h KrB VSm yhft a mS k-tMew 2W-j-Wons rf.to;Kas aiF Yf nt tf eiUraut 2Rrttn to 273xrjrt Hs m!r in la Kf Ri TTW 221Ufr dn ciMcW 2i I ip AMCI cjsii CTfr yr Kt 2uJ Qbtfkm zng 4v iWkf tcM 0w nss sww 273e.fcnJr pm warr tha issaAr as iEiCss 273ti2St las5i3fwal tr:Sc iJ ef rrtf Or Ils H9 tiidtWnttf.U1 SQEEhsar 253MTWUjJb 2f4Hf a WTB dr 273fta iycer Esin xi1 iShor to I Reiter focus of fire in Epstein case Clipped By reiter_m Sat Apr Copyright Nawspapersxom All Rights Reserved Ne spW BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM News p,at ers l:r li!Ji 225csfii The Palm Beach Post West.Palm Beach Florida Aug Mon Page,7 Downloaded on Nov Reiter foc of fire in Epstein case ClippeJi By Copyright Newspapera,com All Rights Reserved CA/Aro W:flb?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IB Tne Palm Beach Post NEWS STARTS78.1 HERE Delays in Epstein case unusual lawyers say Posted Mar at AM Updated Oct at PM EDITORS NOTE This story originally published in The Palm Beach Post March A federal probe or a plea deal could explain the wait in the Palm Beacher 2s solicitation case Nearly eight months after Palm Beach tycoon Jeffrey Epstein was charged with felony solicitation of prostitution there has been no discernible progress in his case No witnesses deposed No trial date set Nothing save for routine court hearings reset without explanation 223Usually that would be unusual said criminal defense attorney Glenn Mitchell who has no involvement in the case a general rule it would be unusual for nothing to have happened agreed Michael Dutko a criminal defense attorney in Fort Lauderdale He represents Haley Robson of Royal Palm Beach potentially a key witness in the case A routine hearing for Epstein was pulled from the court docket last week and reset for May The delays and inaction could be due to a potential federal probe of Epstein or because a plea deal is in the works attorneys say Unusual is the word that best describes everything about the case against Epstein an enigmatic money manager in New York City who counts Bill Clinton and Donald Trump among his friends BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Posted Mar at AM Updated Oct at PM EDITORS NOTE This story originally published in The Palin Beqch Po M.arch 2_ A federal probe or a plea deal could explain the wait in the Palm Beachers solicitation case Nearly e1ght months after Palm Beach tycoon Jeffrey Epstein was charged with felony solicitation of prostitution there has been no discernible progress in his case No witnesses deposed No trial date set Nothing save for r:outine court.hearings resetwitliou expl3,nat1Qn Usually that would be unusual said criminal d_efense attorney Glenn Mitchell who has n:o involvement.in the case As a general rule,.itv.roul be un.usualf,or nothing to have happened agreed Michael butko a criminal d_efense attorney in Fort Lauderdale He represents Haley Robson of Roy2,l Palm Beach potentially a keywitness in the case A routine hearing for Epstein was pulled from the court doc et last week and reset for May The delays and inaction could be due to a pot ntial federal probe of Epst ih or because a plea deal is in the works attorneys say Unusual is the word that best describes everythin about the case against Epstein an enigmatic money manager in New York Citywho counts Bill ClintQn and Donald Trump arn:ong his friends CA/Aropifm5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM usual is how Palm Beach Police Chief Reiter described State Attorney Barry Krischer 2s handling of the case in a bluntly critical letter to Krischer last year before Epstein was indicted Reiter referred the matter to the FBI to determine whether any federal laws had been violated Epsteins allies countered by attacking the chief personally and professionally Reiters department investigated Epstein for months Police sifted repeatedly through his trash and conducted surveillance on his five-bedroom 1/2-bath 7,234-square foot home on the Inffacoastal Waterway Police said Epstein paid women and girls as young as to give him erotic massages at his home Police thought there was probable cause to charge him with unlawful sex acts with a minor and lewd and lascivious molestation Epstein responded by hiring a phalanx of lawyers One of them Harvard law professor and author Alan Dershowitz provided the state attorneys office with information about alcohol and marijuana use by some of the girls who said they were with Epstein Prosecutors then referred the case to the grand jury rather than file charges directly against Epstein Epstein 2s attorneys deny he had sex with underage girls The lawyers say the girls stories are not credible But if the court file is any indicator they 2ve made no effort to depose the girls Neither prosecutors nor defense attorneys have sought to question Robson said Dutko her attorney She recruited teenage girls to visit Epstein for massages and sexual activity Palm Beach police said and presumably would be a key witness CA/Arof?te ffi!i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM High.usual is how Palm Beach Police Chief el Reiter describedState.AttQr;q Barry Kr.ischers handling ofthe case in a bluntiycritical letter to Krischedast year before Epstein was indicted Reiter referred the matter to the FBI to determine whether any federal laws had been violated Epsteins allies countered by attacking the chief personally and ofessionally Reiters department investigated Epstein for months Police sifted repeatedly thro his tn1sh and conducted surveillance on his five-bedroom bath foot home on the Intracoastal Waterway Police said Epstein paid women and girls as young as te give liim erotic massages at his home PoliGe thought there was probable cause to charge him with unlawful sex acts with a minor and lewd and lascivious molestation Epstein responded by hii;ing a phal I!X oflawyei;s One of thein Harvard iaw professor and author Alan Dershowitz provided the state attorneys office with i1ifor:mation about alcohol and marijuana use by some of the girls who said they we.re v.rith Epsteln Prosecutors then referred the ase to the grand jury rather than file charges directly against Epstein Epsteins attorneys deny he had sex with underage girls Th.e lawyers sa,y the girls stories are not cJedible But ifthe court file is any indicator theyve made rto effort to depose the girls Nejther prosecutors nor defense attorneys have sought to question Robson said Dutko her attorney She recruited teenage girls to visit Epstein for massages and sexual activity Palm Beach police said and presumably would be a key witness CA/Aropll,9ffi5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Epste ttorney Jack Goldberger did not return messages A source close to the case suggested it is languishing pending a decision by the FBI oh whether to refer it to federal prosecutors still have a pending case FBI spokeswoman Judy Orihuela said Monday State Attorney Krischer did hot return a call for comment His spokesman Mike Edmondson declined to say whether federal investigators are delaying the Epstein case But he added if another agency is looking at something we wouldn 2t want to step on their toes Attorneys say inertia in a criminal case often points to a pending plea deal would not surprise me if something has happened that 2s not reflected in the court file said Dutko such as an agreement that will be formalized later Defense attorney Marc Shiner said defense attorneys sometimes put off overtly conducting discovery deposing witnesses requesting documents and the like because doing so creates more work for harried prosecutors who may become angry and not offer a plea deal Sometimes defense lawyers knowing that will try and do discovery without taking depositions said Shiner a former prosecutor for years Instead they may conduct a below-the-radar probe such as having a private investigator check out leads he said Shiner and others say a plea deal for Epstein probably would result in pretrial intervention in which a defendant may be ordered to undergo a psychological evaluation counseling or other conditions in return for dropping the charge CA/ArOfft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Epste.ttorney Jack Goldberger did not return messages A source close to the case suggested it is languishing pending a decision by the FBI on whether to refer it to federal prosecutors We 5till have a pe_IJ,4ing case FBI spokeswoman Judy Orihuela said Monday State Attorney Krischer did not return a call for comment His spokesman Mike Edmondson qeclined to say whether federal investigators are delaying the Epstein case But he added if another a ency is look.in at something we wouldnt want to step OIJ thei.r toes Attorneys say fnert_iain crimiQr q.se 9ften points to a pending plea deal It would not surprise rn:e ifsoinething:has happened thats not reflected in the court file said Dutko such as an agreement tbatwill be formaliz hiter Dt:fens attorney Mar Shiner said defen attorneys sometimes put off overtly conducting discovery deposing witnesses requesting documents a,nd the Hke beca doing so cn ites mw wqrk or harried prosecutor:s who may bec_:ome angry and not offer a plea deal 267"Sometimes defense lawyers knowing that will try and do discovery without t;iking deposition.s said Shiner a former prosecutor for years Instead they may conduct:a 267below-the..:.radar probe such as having a private investigator check out leads he id Shiner and others say a plea deal for Epstein probably wo 265ld.result in pretria:Untervention in which a defendant may be ordered to undergo a psychological evaluation counseling or other conditions in return for dropping the harge CNArop iJ i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Edm spokesman for State Attorney Krisch there is no plea offer and no request for the prosecution to show its cards my knowledge it 2s never happened before on a filed case he said CA/Aro Og BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Edrn.n spokesman for State Attorney Krisch.id there is no plea offer and.no request for the proserntion to show its cards To my knowledge its never happened before on a filed case he id CA/Ar 260F1fL,tPPl.i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Thursday October Edition FINAL Section LOCAL Page 5B Source The Associated Press Illustration PHOTO Memo Ran all editions Dateline NEW YORK WOMAN SUES BILLIONAIRE INVESTOR SAYS THEY HAD SEX WHEN SHE WAS A billionaire investor already facing jail in Palm Beach County on charges of soliciting underage prostitutes is being sued by a young woman who says he had sex with her when she was and had sought his help becoming a model The lawsuit filed late Tuesday in Manhattans state Supreme Court says financier Jeffrey Epstein had the teen perform a sex act when she brought photographs of herself for him to review in his Upper East Side mansion sometime in Epstein a money manager told the teen he managed finances for Victorias Secret and could get you into the catalog if she were nice to him court papers say The papers say being nice included massages and other favors When the girl told Epstein am years old and just want to model he replied Dont worry I wont tell anybody court papers say Epstein said by London 2s Mail on Sunday to be a close friend of Englands Prince Andrew has been indicted in Palm Beach on charges of soliciting underage prostitutes That case is pending The girl visited Epstein several times over the several months and engaged in bizarre and unnatural sex acts while she was a minor the lawsuit says Epstein repeatedly requested that the girl return with her and 16-year-old girlfriends stating Come by with your friends your age next time Dont bring Sherrie a mutual friend in her I love girls your age The young woman now kept returning to Epstein because has mental issues said her lawyer William Unroch He refused to elaborate but court papers say she was disabled as a result of severe mental disease and defect Epsteins lawyer in New York Gerald Lefcourt said The girl has admitted she is insane but she can read a newspaper and recognize the word rich Lefcourt also said the statute of limitations has expired for the womans case criminally and civilly and will almost certainly be dismissed He refused to comment on Epsteins Florida charges Meanwhile Unroch also acknowledged that his client was living with him and was at the center of a million lawsuit he filed last year against a neighbor who said he was having sex with underage girls That case is pending What she was doing at is irrelevant to what happened to her when she was Unroch said Wednesday He went on the say he hoped Epstein would agree to do tight by his client and resolve the case out of court CAArop eg BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I Thursday October Edition FINAL Section LOCAL Page:,5B Sourfe The As.sociated Pres Illustrati0n PHOTO Memo Ran all editions Dateline NEW YORK WOMAN SUESBILLIONAIRE INVESTOR SAYS THEYHAD.SEX WHEN SHE WAS A billionaire investor already facingja:il in Palm Beach County on charges of soliciting underage prostitutes,.is being sued by a yoll11g woman who says heh 1dse with her wh she was and had sought his help becoming a model The fawsuit filed la,te Tuesday in Manhattrufs state Supreme Court ays financier Jeffrey Epstein had the teen perform a sex act when she brought photographs of herself for him to review in his Upper East Side mansion sometime in Epsteii1 a money manager told the teen he managed finances for Victorias Secret and could get 1nto the catalog jf she were ni to him court pap rs 1y The papers say being nice included massages and other favors When the girl toldEpstein I am years old and just want to model he replied Dont worry I worit tell anybody court papers say Epstein said by Londons Mail on Sunday t.o be a close frien.d Englands Prince Andrew has been indicted in Palm Beach on charges of soliciting underage prostitutes That case is pending The girl visited Epstein several times over the several months and engaged in bizarre anci unnatqral sex acts vhile she was a minor the lawsuit says Epstein repeatedly requested that tbegirl retum wjth her and r-oldgi.rlfriends stating Come by With your friends:yout age next time Dont bring Sherrie a mutual friend in her I love girls your age The youiig woman noV kept return:ihg to Epstein because she has mental issues,11 said her lawyer Wiiffam Unroch He ref11sed to elaborl:l..te but coll.rt papers say she was disabl as result ofsevere mental disease and defect Epsteins lawyer in New York Gerflld Lefcourt si1i,d The girl has admi.tted he is insane she can iead a newspaper and recognize the word rich Lefcourt aiso said the statute of limitations has expir:ed fodhe womc1s case criminally and civilly and will almosttertainly be dismissed He refused to Gomment on Epstei1is Florida charges Meanwhile Unroch also acknowledged that his client Was living with him and was at the center ofa million lawsuit he filed last year against a neighbor who said he was having sex with underage girls That taseis pending What she was doing at is irrelevant to what happened to her when she was Unroch said Wednesday He went on the say he hoped EpsteinWoUld agree to do tight oy his client and resolve the case out of court CA/Aro fEfln?i i BEACH COUNTY FL JOSEPH ABRUZZO CLERK I PM ft ft Tne Palm Beach Post STARTS HERE Palm Beacher pleads in sex ease Posted Jul at AM Updated Oct at PM EDITOR 2S NOTE is story originally published in Tire Palm Beach Post on July Jeffrey Epstein will serve years on teen solicitation charges He lives in a Palm Beach waterfront mansion and has kept company with the likes of President Clinton Prince Andrew and Donald Trump but investment banker Jeffrey Epstein will call the Palm Beach County Jail home for the next months Epstein pleaded guilty Monday to felony solicitation of prostitution and procuring a person under the age of for prostitution After serving months in jail he will be under house arrest for a year And he will have a lifelong obligation to register as a sex offender He must submit to an HIV test within hours with the results being provided to his victims or their parents As part of the plea deal federal investigators agreed to drop their investigation of Epstein which they had taken to a grand jury two law enforcement sources said Epstein was indicted two years ago after an 1.1-month investigation by Palm Beach police They received a complaint from a relative of a 14-year-old girl who had given Epstein a naked massage at his five-bedroom square-foot million Intracoastal home Police concluded that there were several Other girls brought in and to an upstairs room at the home for similar massages and sexual touching CA/Ar 260pfi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Palm B,eacber pleads ln sQx 1;:ase PQ Jed Jul at AM Updated Oct at1 PM EDITORS NOTE This story originally published in The Palm Beach Post on July Jeffrey Epstein will serve years on teen soiicitation charges 1-Ie lives in i P::iJm Beach waterfront Ill,msion and has kept company with the iikes of President Clinton Prince Andrew a:nd Donald Trump but investment banketJeffrey Ep_stei11 will call th Palm Beach County Jail home fot the next 18months Epstein pl aded guilty Mcmday to felony solicitation of prostitution and procuring a person under the age of for prostit1.1tion After _serving months in jail he will be under house nest for a year And he will have a Hfelong obligation to register as a sex offender He must submit to an HIVtest within hours with the results being provided tp his victims or their p.irents As part ot the plea deal deral investigators agreed to drop their investigation of Epstein which they had taken to a grandjury two l:1w enforcement sources said Epstein was indicted two years ago after an U-month investigation by Palm Beach police They received a complaint from a relative ofa 14-year-old girl who had given Epstein a naked massage thisfiv bec,lro9m square foot million Intracoastalhome Police concluded that there were several other girls brought i_n and to an upstairs room at the home for similar massages a_nd xt1al t01,1chi1J.g CA Aronhera-001305_ rll::1J PAYlvl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The i JIment charged Epstein only with felony solicitation of prostitution The state attorney 2s office later added the charge of procuring underage girls for that purpose Prosecutor Lanna Belohlavek said of the plea took into consideration the length the trial would been and witnesses having to testify about sometimes embarrassing incidents Epstein may have made a serious mistake soon after he was charged He rejected an offer to plead guilty to one count of aggravated assault with intent to commit a felony according to police documents He would have gotten five years probation had no criminal record and hot been a registered sex offender the documents indicate Epstein arrived in court Monday with at least three attorneys He wore a blue blazer blue shirt blue jeans and white and gray sneakers After Circuit Judge Deborah Dale Fucillo accepted the plea he was fingerprinted Epstein then removed his blazer and was handcuffed for the trip to jail while his attorneys tried to shield him from photographers lenses When he eventually is released to house arrest Epstein will have to observe a p.m to a.m curfew have no unsupervised contact with anyone younger than and neither own nor possess pornographic or sexual materials that are relevant to your deviant behavior the judge said Epstein will be allowed to leave home for work The New York-based money manager told the judge he has formed the not-for-profit Florida Science Foundation to finance scientific research 2m there every day Epstein said The foundation was incorporated in November Epstein said he already has awarded money to Harvard and MIT CA/ArOpft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The i.men.t charged Epstein only with feiony solicitation of prostitution The state attorneys office later dded the ch_arge of procuring underage-girls for that purpose Prosecutor Lanna Bt:!lohlavek said pf the plea iij took into consideration the length the trial would have been and witnesse having to testify about sometimes embarrassing incidents Epstein may have made a serious rnistake soon after he wa:s charged He rejected an offer to plead guilty to one couhtof ggrav i aS ult with intent to commit a felony a cording to police doc 265ments He would have gotten five yearsprobation:,had no crirninalcrecord and rt.ot been a registered sex offender the documents indicate Epstein arrived in court Monday with at least three attorneys He wore a blue blazer blue shirt blue jeans and white and gray sneakers After Cittuit udge Deborah Dale Puc:illo accepted the plea he was fingerprinted Epstein then removed his blazer and was handcuffed for the trip to jail while his attorneys tried to shield him from photographers lenses When he eventually is released to house arrest Epstein will have to observe.a p.m to 6a.m _curfew have no unsupervised contact with anyone younger than and neither own nor possess pornographic or sexual materials that are relevant to your deviant behavior the-judge said Epstein will be allowed toJeave home for work The New York-based money manager told the judge he has forriled the not-for-profit Florid Sdence follndation to ffnance scientific te 267search Im there every day Epstein said The foundation Was irtcotporatedin November Epstein said he already.has awarded money to Harvard and MIT CA/AropfL i ll BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Whe as released from jail there is a chance tha tein will be forced to move Sex offenders are hot allowed to live within feet of a school park or other areas where children may gather No determination has been made as to whether Epsteins home complies but attorneys said it likely does Sex offenders also typically must attend counseling sessions Belohlavek said that was waived for Epstein because his private psychiatrist is working with him The judge was skeptical but agreed to it Epsteins legal woes don 2t end with Monday 2s plea There are four pending federal civil lawsuits and one in state court related to his behavior At least one woman has sued him in New York where he owns a 51,0-square-foot Manhattan mansion 2s validation of what we 2re saying in the civil cases said Miami attorney Jeffrey Herman who represents the alleged victims in the federal lawsuits West Palm Beach attorney Ted Leopold represents one alleged victim in a civil suit in state court He said he anticipates amending that lawsuit to add few other clients as well In the criminal case police went so far as to scour Epstein 2s trash and conduct surveillance at Palm Beach International Airport where they watched for his private jet so they would know when he was in town They concluded that Epstein paid girls to each after the massage sessions like a Heidi Fleiss Haley Robson now told police about her efforts in recruiting girls for Epstein There was probable cause to charge Epstein with unlawful sex acts with a minor and lewd and lascivious molestation police concluded CA/ArW BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Whe.s released from jail there is a chance tha.tein will be forced to move Sex offenders are hot allowed to live whhin _1 feet qfa schopl pcirk or other are where children may gather No determination has been made as to whether Epsteins home complies but attorneys said it likely does Sex offenders also typically must clttend counseling sessions Belohiavek sa.id that was waived for Epstein because his private psychiatrist is working with him The judw wa:s skeptical but agreed to it Epsteins legzj wqes dont end with Mq days plea T4e_re are four _pending federal civil lawsuits 267and one in state court related to his behavior At least one woman has sued him in New York where he owns a s-l,O q1,1are-foot Manhattan mansion Its validation of what were saying in the civil cases said Miami attomeyJeffrey Herman who represents the alleged victims in the federallawsuitsi West alm Beach attorney Ted Leopoid represents one alleged victim in a civil suit in state court He said he anticipates amending that lawsuit to add a ewother clients"as weIL In the criminal case police went so far as to scour Epsteins trash and conduct 225surveillance at Palm Beach International Airport where they watched for his private jet so they would know when he was in town They concluded that Epstein paid girls to each atter the massage sessions Tin like a Heidi Pleiss Haley Robson now told police about her efforts in recruiting girls for Epstein There was probable cause to charge Epstein with unlawful seit acts with a minor and lewd arid lascivious moJestation pol.ice concluded CA/AropifEi Al BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The ULtorneys office said questions about the credibility led it to take the unprecedented step of presenting the evidence against Epstein to a grand jury rather than directly charging him Palm Beach Police Chief Michael Reiter was furious with State Attorney Barry Krischer saying in a May letter that the prosecutor should disqualify himself I continue to find your office 2s treatment of these cases highly unusual he wrote He then asked for and got a federal investigation Epstein hired a phalanx of high-priced lawyers including Harvard law professor and author Alan Dershowitz and public relations people who questioned Reiter 2s competence and the victims truthfulness In addition to mansions in Palm Beach and Manhattan Epstein owns homes in New Mexico and the Virgin Islands He 2s a frequent contributor to Democratic Party candidates He also donated million to Harvard in Former New York Goy Eliot Spitzer returned a campaign contribution from Epstein after his indictment then resigned this year during his own sex scandal And the same Palm Beach Police Department that vigorously investigated Epstein returned his donation for the purchase of a firearms Simulator Staff writer Eliot Kleinberg and former staff researcher Michelle Quigley contributed to this story CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The s.ttorneys office said questions aboutthe cr dib:Hity led it to take the unprecedented step of presenting the evidence iga,inst Epstein to a gra_nd jury rather than directly charging him Palm Beach Police Chief Michael Reiter was furious with State Attorney Barry Krischer saying irt a May letter that the prose ut9r should disqualify himself continue to find your offices treatment of these cases highly unusual he wrote He then asked for and got a federal investigation Epstein hlr.ed a phalanx of high-priced lawyers including Harvard law professqr and a,uthor Ala11 Dershowhz and public relations people who questioned Reiters competence an9 the vi_ctims truthfulness IIJ addiJ:ion to 1nansion.s in l?alm Beach and Manhattan Epstein owns homes in New Mexico and the VirKin Islands Hes a frequent contributor to Democratic Patty candidates He als9 donated million to Harvard in Former New York Cov Eliot Spitzer returned a campaign contribution from Epstein after 267his indictm,ent then resi_gned this year luting his own sexseandal And the sa.me Pa,lm ije;:,,ch Police Department that vigorously investigated Epstein returned his donation fonhe purchase of a firearms simulator Staff writer Eliot Kleinberg and former staffresearchet Mkhelle Qqigley contributed to th_i tory CA Aronb.em-0013.Q8 rfLED PALM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I ne Palm Beach Post REAL STARTS78.1 HERE Jeffrey Epstein Scientist Stuntman 221sex slave visit jailed tycoon By LARRY KELLER Palm Beach Post Staff Writer Posted Aug at AM Updated Jul at PM Tycoon Jeffrey Epstein mingled with an eclectic mix of people including beautiful young women before he got into trouble for paying teenage girls to give him sexual massages at his Palm Beach mansion Not much has changed even though he how resides in a dorm at the Palm Beach County Sheriffs Office 2s 17-acre stockade near the fairgrounds During his first month of confinement Epstein was visited by the female assistant who girls told police had escorted them to the room at his mansion where they gave him naked massages Also trekking to the jail was a young woman whom Epstein purportedly described as his Yugoslavian sex slave The wealthy financier and science wonk also has been visited by an expert on artificial intelligence as well as a man who is a mixed martial arts aficionado and sometime movie stuntman The only other people to visit him at the jail according to records are a Singer Island man and an individual who listed Epstein 2s Palm Beach address as his own Epstein pleaded guilty on June to two prostitution related charges and was sentenced to months in jail followed by a year of house arrest Epstein paid teenage BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Tfe Fa!lmBe ch Pit REAL NEWS STARlS HERE leffr 267-stein Scientist _y st1i-n slav visit Uetl Jyt;QQ By LARRY KELLER iJ alm Beach Post Staff Writer Posted Aug at AM Updated Jul _at PM Tycoon Jeffrey Epstein mingled with ah eclectic mix of people includlng beautiful young women before he got into trouble for paying teenage girls to give him sexual massages at his Palm Beach tna:nsioii Not muthhas changed evert though he now resides in a do.r1 at the Palm _Beach Col.lty Sh riff Offices lT cre stockade near the fairgrounds During his 6rst month.of confinement Epstein was visited by the female assistant who girls told police had escorted them to th ro9m hls map ion wh re they gave him naked massages Also trekking to the jail was a young woman whom Epstein purportedly described as his Yugoslavian sex slave Th wealthy fin:_mcier mo scj1:;nce wonlc l.s_o has visited by an expert on artificial inteliigence as wetl as a mah who is a mixed martial arts aficionado and sometime _movi stuntill lil The only otl er people to vish him at the jail ai:cording to records are a Singer Island man and an individual who listed Epsteins Palm Beach address as his own Epstein pleaded guilty on June to two prostitution related charges and was sentenced to months in jail followed by a year of house arrest Epstein paid teertag CA/Aro ft i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM girls in and for massages home that sometimes included sexual touching Palm Beach police said His jail visitors in July included Sarah Kellen who some of the teen masseuses said phoned them when Epstein was in town and escorted them upon their arrival at his Palm Beach waterfront home to an upstairs room where she prepared the massage table and provided the oils for their encounters with him Kellen visited Epstein three times in July according to a jail visitor 2s log Kellen lists a Manhattan home address Reached by telephone she declined to discuss Epstein Nadia Marcinkova whose family in Yugoslavia Epstein paid money to so that he could bring her to the United States to be his sex slave two teenage girls told police Ohe girl told police that Epstein instructed Marcinkdva and her to kiss and have sex while he watched and masturbated Another said she engaged in sex with Marcinkova at Epsteins urging Marcinkova visited Epstein in jail four times in days She lists her address as on the Upper East side of Manhattan not far from Epsteins enormous apartment Roger Schank founder of the Institute for Learning Sciences at Northwestern University arid an expert on artificial intelligence paid one visit to Epstein Schank has written numerous books on that subject and has a doctorate degree from Yale University in linguistics He was one of people who applied to be president of Florida Atlantic University in He became chief learning officer at the online Trump University in Schank listed his address as being in Stuart and records show he also owns a home in Lake Worth CA/Arop jp BEACH C0UNTy5 FL JOSEPH ABRUZZO CLERK PM girls to and fo:r massages i home that sometimes included sexual touching Palm Beath pqlic said His yisitQrS inJ I Cluqe i Sarah Kellen who some of the masseuses sa1d phoned them when Epstein was intown and escorted them upon their arrival at his Palm Beach waterfront home to an upstairs.room where s.h prepared the massa,ge ta,ble md provided the oils for th 225eir encounters with him Kellen visited Epstein thr.ee times in July according to a jail visitorsIog RellenJ,ists a Manha,tt _h9IJ.1e dqress Reached by telephone she declined to discuss Epstein Nadia Ma:rtinkova;23 267whose family in Yugoslavia Epstein paid money to so that he could bring her to the United States to be his sex slave two teen_ag girls told police One girl told police that Epstein instructed Marcinkova and her to kiss and have sex while he watched and sturbated Another said she engaged in sex with Marcinkova at Epsteins urging Marcinkova visited Epstein in jail fou:r times in days Shelists her address as on the_ Upper East side of Manhattan not far from Epsteins enormous apartment Roger Schank foun:der of the Institute for Learning Sciences at Northwestern University and an expert on artificial intellig nce paid one visit to Epstein Schank has written numerous books onthatsubjectand has a doctorate degree front Yale University in linguistics He was one of people who pplrecl to be president of Florida A,tlantic University in He became chieflearning officer;at the online Trump University in Schank listed his address being in Stu9-crt an records show he also owns a home in Lake Worth CA/Aro?fl8ffl5 A.i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Epste financed a number of scientists over th rs including Nobel Prize winners He gave million to Harvard University in In November he formed the not-for-profit Florida Science Foundation which he said finances scientific research Igor Zinoviev a Russian mixed martial arts fighter who coaches a Chicago team in the International Fight League He also has worked as a personal trainer celebrity bodyguard and movie stuntman according to the league 2s Web site The New jersey resident visited Epstein seven times in July Zinoviev Schank and Marcinkbva could not be reached for comment Staff researcher Niels Heimeriks contributed to this story CA/Aropfg BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Epste.s financed a number scientists over th.rs inducling Nobel Prize winners_ He gaye 301illion fo Ha:rvard University in In November he formed the hot:..for:.profit Florida Science Fo:undation which he said finances scientific research Igor Zinoviev a Russian mixed martial arts fighter who coaches a Chicago team in the International Fight League He also has worked as a personal trainer celebrity bodyguarc;l a.n movie tu11ana11 according to the league.s Web 225site The New Jersey resi.dent visited Epste.in sev times in July Zinoviev Schank and Martinkova could hot be reached for comrneilt Staff researcher Niels Heimeriks contributed to this story CA/Aro 1fl5?i Nf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM lam each Dai ly News Billionaire sex offender leaves jail six days a week for work Posted Jul at AM Updated Oct at AM Palm Beach billionaire Jeffrey Epstein who 2s serving months in jail for soliciting an underage girl for prostitution is allowed to leave the Palm Beach County Stockade six days a week on a work-release program Teri Barbera spokeswoman for the Palm Beach County Sheriffs Office confirmed that Epstein has been in the work-release program since Oct works six days a week Friday through Wednesday a.m to p.m Barbera said via e-mail He works at his local West Palin Beach office monitored oh ah active GPS system he wears an ankle bracelet Mr Epstein hires a permit deputy at his expense for his own security at his workplace during the time he is out Miami attorney Jeffrey Herman represents six young women who 2ve sued Epstein claiming he sexually abused them at his Palm Beach home when they were minors Herman said he received a letter about the work-release program from the U.S Attorney 2s Office within the past few days But Herman says Epstein had been out on work release for several weeks before the notification clients expressed shock and disappointment Herman said find it incredible that hes on work-release in the community and my clients aren 2t notified of this and we get this letter weeks after the fact Jack Goldberger Epstein 2s criminal attorney said the CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM BiUi.Qll3i.r stui qffQndP,f 1,av es jaUt six d.ays a ek:Jo.r W,ot.k Posted Jul at AM Updated Oct at AM P;i.lm _ach_ llionaireJeffi::ey Epstein whos serving months in jail for soliciting an underage girl for prostitution is allowed to leave the Palm Beach Cmmty Stock.ide six days a week on wo:rk-rel ase program Teri Barbera spokeswoman for the Palm Beach County Sheriffs Office confirtned that Epstein has been in the work-release program since Oct He works six days a.week Friday througll Wednesda,y a.m to p,m Barbera said via e-mail He works at his local West Palm Beach office inohitored ori an active GPS system he wears an ankle bracelet Mr Epsteill hires a permfr depu_ty at his expense for his own security a:t his workpiace during the time he is out Mia.mi attorney JeffreyHetmart represents six young women wbove sued Epsteil1 claiming he sexually a,bused them at his Palm Beach home when they were minors Herman said he received a ietter about the work-release program from the U.S Attorneys Office withl the past few days Hermc1n s.ays Epstein h;i.ci been out on wqrk release for severai weeks before the notification My clients expressed shock i,nd disa,ppqint_rnent H.er1_an said I find it in.credible that hes on work-release in the community and my clients arent notified of this and we et this letter weeks after the fact Jack Goldberger Ep teins criminal attom satd the CA/ArcpifE Ai BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM arranw nt is not unusual goes to work every single day and goes back to jail at night just like everybody else in the program Goldberger said Epstein pleaded guilty June to two felony counts soliciting prostitution and procuring a person under for prostitution As part of the plea agreement Epstein must serve one year of house arrest and register as a lifelong sex offender BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM arran.nt 1s notun.usual He goes to work every single day and goes back to jail at night just like everybody else in the program Goldberger said Epstein pleaded guilty June to tw9 felony ot1ms soliciting prostitution and procuring a person under for prostitution As part of the plea agreement Epstein must serve one year of house arrest and register as a lifelong ex offon_der CA/Arorfii Ai1Ji BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM ft Palm Beach pft REAL STARTS HERE Women want Epstein sax plea deal unsealed Posted Jul at AM Updated Oct at PM EDITOR 2S NOTE This story originally published in The Palm Beach Post June Their attorneys will ask a judge to open Jeffrey Epstein 2s records When wealthy money manager Jeffrey Epstein of Palm Beach pleaded guilty last year to procuring teens for prostitution his case detoured around local and state rules regarding the sealing of court documents At a plea conference on the state charges a judge a defense lawyer and a prosecutor huddled at the bench and decided that a deal Epstein had struck with federal prosecutors to avoid charges should be sealed according to a transcript of the hearing And so it was But Florida rules of judicial administration as well as rules of the Palm Beach County court system require public notification that a court document has been or will be sealed meaning kept from public view The rules also require a judge to find a significant reason to seal such as protecting a trade secret dr a compelling government interest Yet no notification or reason occurred in Epstein 2s case according to court records BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Womon w.a..nl 243.pstqin 1t Ple,a dc1l unsealed Posted Jul at AM Updated Oct PM EDITORS NOTE This story originally pu lished in The Palm Beach Post une Th ir tt rney:s will i,sk a judge to opep.Jeffrey 267Epsteins records When weaithy money manager Jeffrey.Epstein of Palm Beach pleaded guilty last year to procuring teens for pr stitution his se detoured round local and s.t te rules regarding the sealing of court documents At a plea conference on the state chaq es a judge a defense lawyer and a prosecutor huddled at the bench and decided that a dectl Epstein had strttck with federal prosec:utors to avoid charges shouid be sealed according to a transcript of the hearing And so it-was But Florida rules ofjudi ial adII1inistration as well as rule of the Palm Beach County court system require public notification that a court document has been or will be sectled i:neaning keptfn;m1 publi yiew The rules also require a judge to find a significant reason to seal such as protecting a trade secret or a compelling government inte,rest Yet no notification gr reason occ:m::-red in Epsteins case according to court record CA/Ar0:f?tl hi.iet BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Epste wn attorneys in federal filings have refa jB to his confidential deferred prosecution agreement with the U.S attorney 2s office struck in September as 223unprecedented and highly unusual And it was significant inducement for Epstein to accept the state 2s deal observed the state judge who accepted his plea Countyjudge Deborah Dale Pucillo Epstein now faces at least a dozen civil lawsuits in federal and state courts filed by young women who said they had sex with him arid how are seeking damages Attorneys for some of those women want his agreement wi th federal prosecutors unsealed and will ask Circuit Judge Jeffrey Colbath to do so today is against public-264.2 policy for these documents to be have been sealed and hidden from public scrutiny As a member of the public E.W has a right to have these documents unsealed wrote former Circuit Judge Bill Berger how in private practice and representing one of the women The Palm Beach Post also will ask Colbath to unseal the agreement Post attorney Deanna Shullman will argue that the public has a right to know the specifics of Epstein 2s deaf According to various media accounts Epstein moved in circles that included President Clinton Donald Trump and Prince Andrew 221International Moneyman of Mystery declared a New York magazine profile of Epstein Epstein is in the Palm Beach County Stockade serving an 18-month sentence after pleading guilty nearly a year ago to felony solicitation of prostitution and procuring teenagers for prostitution He is allowed out from a.m to p.m escorted by a deputy said Palm Beach County Sheriffs Office spokeswoman Teri Barbera CWArop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Epste.wn attorneys in federal filings ave re to his confidential deferred prosecution agreement with the U.S attorneys office struck in September as unprecedented and highly unusual And it was a signilicant inducement for Epstein to accept the-state.s deal observed the state judge who accepted his plea County Judge Deborah Dale Pucillo Epstein now faces at least a dozen civil lawsuits in federal and state courts filed by young women who said they had sex with him and now are seeking damages Attorneys for some of those women want his agree_meQt with_ federctl prosecutors unsealed and will ask Circuit Judge Jeffrey Colbath to do sotoday It is against public polity fot these documents to be have been sealed and hidden from public scrutiny As a mertiber of the public E.W has a right to have these documents unsealed wrote formerCittu.itJudge Bill Berget now in private practice and representing one of the women The Palm BNch Post tlso will ask Colb_ath to unseal the agreement Post attorney Deanna Shulhnan will argue that the public has aright to know the specifics of Epsteins deaL According to various medi_a accounts Epstein moved in circles that_1ncluded President Clinton Donald Trump and Prince Andrew IIiternatiorial Moneyman of Mystery declared a New York magai:ine profile of Epstein._ Ep tein in the Palrr1 Beach County Stockade s_erving an 18-month sentence after pleading gl.lilty nearly a year ago to felony solicitation of prostitution and proct1ring teenagers for prostitution He is allowed out from a.m to p.m.J escorted by a deputy said.Palm Beach County Sheriffs Office spokeswoman Teri Barbera CA/Aro B:fil5?i i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Diiri alm Beach Police Department investiga five victims and witnesses gave statements They told of young women brought by his assistants to Epstein 2s mansion on El Brillo Way for massages and sexual activity and then being paid afterward At Epstein plea conference last year his attorney Jack Goldberger and then-Assistant State Attorney Lanna Belohlavek approached Pucillo in a sidebar conference Pucillo who had left the bench nine years earlier was filling in temporarily as a senior judge According to a transcript Goldberger told Pucillo that Epstein had entered a confidential agreement with the U.S attorneys office in which federal prosecutors brokered not pursuing charges against him if he pleaded guilty in state court Pucillo then said she wanted a sealed copy of the agreement filed in his case and Goldberger concurred that he wanted it sealed Belohlavek later signed off on it The Florida Supreme Court has expressed 223serious concern and launched an all-out inquiry into sealing procedures across the state following media reports in of entire cases being sealed and disappearing from court records 223The public 2s constitutional right of access to court records must remain inviolate and this court is fully committed to safeguarding this right justices wrote in their final report Epstein 2s office on Tuesday referred any questions to Goldberger who declined to comment Pucillo also has declined to comment CA/Aropf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Duri.alm Beach Police Department investiga five yicdms and wi esses gave statements They told of young women brou.ghtby hi as.sisJ:ants to Epsteins mansion Ori El Brillo Way for massages and sexual atti:vity and then being paid afterward At Epsteins plea confe:r:ence last year his attorn y,Jack Goldberger and then-Assistant State Attorney Lanna Belohlavek approached Pucillo in a sidebar conference Pucillo who had left the bench nine years earlier was fi11lI.1g in temporarily nior j1,1dge Ac ording to a transoript Goldberger told Pucill.o that Epstein had entered a confidential agreement with the U.S attor_ney office ip which fe9eral prosecutors br9 ered not pursuing ch 267arges 3:gainst him ff he pleaded guilty in state court Pucillo then said she wanted a sealed copy of the agreement filed in his case and Goldberger concurred that he wanted it sealed Belohlavek later signed off onit The Florida S.upreme Court has expressed serious concern and launched an all-out inquiry into sealing procedures across the state following media reports in of entire cas being sealed and disappearing from court records The publics constitutional rigptof access to court records must remain inviolate and this court is fully committed to safeguarding this right justices wrote in their final report Epste.ins office 9n Tu.esqay r:efred any ques_tiO!lS to Goidberger who declined to comment Pucillo also has declined to comment GA/Aro fL r:AA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Ine Palm Beac iSt REAL NtWS STARTS-138.4 HERE Epstein secret pact with Feds Weals 223highly unusual terms Posted Jun at AM Updated Oct at AM EDITOR 2S NOTE This story originally published in The Palm Beach Post on September A secret non-prosecution agreement multimillionaire financier Jeffrey Epstein struck with federal prosecutors is being called highly unusual by former federal prosecutors and downright outrageous by attorneys now representing young women who serviced him The deal reveals that the FBI and the U.S Attorney 2s Office investigated him for several federal crimes including engaging minors in commercial sex The crimes are punishable by anywhere from years to life in prison But federal prosecutors backed down and agreed to recall grand ury subpoenas if Epstein pleaded guilty to felonies in state court which he ultimately did He received an 18-month jail sentence of which he served months The U.S Attorney 2s Office also agreed hot to charge any of Epstein 2s possible co-conspirators Sarah Kellen Adriana Ross Lesley Groff and Nadia Marcinkova The deal was negotiated in part by heavyweight New York criminal defense attorney Gerald Lefcourt Unsealed on Friday after attorneys for some of Epsteins victims and The Palm Beach Post sought its release it offers the first public look at the deal Epstein 2s high-powered legal counsel brokered on his behalf CA/Aropf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Ep.sl.dio se._ore.t 1.P.in;l with feds teve,als hf unuscud terms Posted Jun at AM Updated Oct at AM EDITORS NOTE This story Qriginally publishe,4 in The Palm Beach Post on September A secr non-prosecuriqn agreement multimillionaire financier Jeffrey Epstein struck with federal pros_ecutors is being called highly unusuaf by former federal prosecutors 3,nd 9own,right outrageous by attorneys nowreptesertting young women who serviced him The deal reveals that the FBI and the t.J.S Attorneys Office investigated him for several federal crimes irtcludin ei;1gagi11g minors in commercial sex The crimes ate punishable by anywhere from years to life in prison But federal prosec1.1tors hacked down and agreed to recall grand jury subpoenas if Epstein pleaded guilty to prostitution-relatedfelonies in state court which he ultimately did He received an 18-mqnth jail sentence of which he served months The U.S Attorneys Office also agreed not to chaq any of Epsteins possi:ble co-conspirators Sarah ellen Adriana Ross Lesley Groffand Nadia Marcinkova The deal was negotiated in part by heavyweightNew York criminal defense i:lttoi:-ney Gerald-Lefcourt Unsealed on Fi:iday after attorneys for s9me 9fEpsteins victims and The Palm Beach Post sought its release it offers the first public look at the deal Epsteins high:"poWeted legal co 265ns,el brok on his behalf CA/Arcpa9 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Mark 2Utison of Stuart a former federal prosecute described the disparity in potential sentences as unusual but even more sb a provision oh attorney payment The first draft of the agreement in September required that Epstein pay an attorney tapped by the U.S Attorney 2s Office and approved by Epstein to represent some of the victims That attorney is prominent Miami lawyer Bob Josefsberg But an addendum to the agreement signed the following month struck Epstein 2s duty to pay Josefsberg if he and the victims did not accept settlements capped at and instead pursued lawsuits Johnson said it appears the government was trying to balance the lesser sentence for Epstein with recovering for each victim I 2ve never ever seen anything like that in my life he said 2s highly unusual The deal does not say whether any victims were contacted dr consulted before the deal was made Attorney Brad Edwards of Fort Lauderdale who represents three of the young women believes that none of the to woman identified as victims in the federal investigation were told ahead of tithe Edwards said his clients received letters from the U.S Attorney 2s Office months after the deal was signed assuring them Epstein would be prosecuted 223Never consulting the victims is probably the most outrageous aspect of it Edwards said taught them that someone with money can buy his way out of anything It 2s outrageous and embarrassing for United States Attorney 2s Office and the State Attorney 2s Office Epstein now faces many civil lawsuits filed by the women who are represented by a variety of attorneys In many the allegations are the same that Epstein had a predilection for teenage girls identified poor vulnerable ones and used CA/Ar 260PheffiTOl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Mark.1son of Stuart a former federal prosecut described the disparity in potential sentences as un:usuil but even more so a provision on attorney payment The first draft of the agreement in September rE;!q lired that Epst b.:i p;;iy attom ta,ppecl by the U.S Attorneyjs Office and approved by Epstein to represent some of the 267victims That attorney is prominent Miami lawyer Bob JQsefsberg But an addendum to the agreement signed the following month struck Epsteins duty to pay Josefsberg if he a11d the victims did not accept settlements capped at and ip.stead pur ued lawsuits Johnson said it appears the government was trying to balance the lesser sentence for Epstein with recovering for each.victim Ive neve ever seen anything like that in my life he said Its highly unusual The deal does not say whether any victims were contacted or consulted before the deal was made Attorney Brad Edwards of Fort Lauderdale who represents three of the young women liev:es nope Qfthe tQ woman identified as victims in the federal inVesti ation were told ahead of time Edwards said his clients teteived letter_s from the U.S Attorneys Office months 1fter the q.e;d was signed assuring them Epstein would be prosecuted Never consulting the victims is probably the most outrageous aspect Qf it Edwards said It taught them that someone with money can buy his way out ofa:nything Its outrageous and embarrassing for United States Attorneys Office and the State Attorn ys Office Epstein now faces many ciyil lawsuits filed by the women who ate represented by a variety of attorneys Irt many the allegations are the same that Epstein had a predilection for teenage gids identifiE poor vulnerable ones and usE:d CA/Aro fL8ffl5?ihr BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM other mg women to lure them to his Palm Beac mansion They walked away with between and Former Circuit Judge Bill Berger also representing victims called the agreement a sweetheart deal Why was it so important for the government to make this deal Berger asked rhetorically have not yet had an honest explanation by any public official as to why it was made and why the victims were sold down the river Former federal prosecutor Ryon McCabe described the agreement as very unorthodox Such agreements he said are usually reserved for corporations not individuals 223Its very very rare I 2ve never seen or heard of the procedure that was set up here said McCabe who has no involvement in any Epstein litigation 223Hes essentially avoiding federal prosecution because he can afford to pay that many lawyers to help those victims review their cases If a person has no money he couldn 2t be able to strike a deal like this and avoid federal prosecution The backroom deal with federal prosecutors is all the more interesting in light of the legal powerhouses who have worked for Epstein including Harvard professor Alan Dershowitz and Bill Clinton investigator Kenneth Starr Lefcourt is a past president of the National Association of Criminal Defense Lawyers Epstein 2s local defense attorney Jack Goldberger issued a statement Friday saying he had fought the release of the sealed agreement to protect the third parties named there Mr Epstein has fully abided by all of its terms and conditions He is looking forward to putting this difficult period in his life behind him He is.continuing his long standing history of science philanthropy CA/Aropf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM other.g women to lure them.to his Palm Beac mansion They walked away with between and Former CitctiitJudge BillBerger,also representing victims qilkd the agreem nt a sweethe deal Why yvas it so importantfor the government to make this deal Berger aske rhetorically We have not yet had an honest explanation by any public official as to why it was made and why the victims were sold dow11 the river Former federal prosecutor Ryon McCabe described the agreement as very unorthodox Such agreements he said are usually reserved for corporations not individuals Ws very very rare rve nev seer:i or he;ird of the procedure that was set up here said McCabe who has ho involvement in arty Epstein litigation Hes essen 225iially avoiding federal prosecution because he can afford to pay that manylawyers to help those victims review their cases If a person has no money he couldnt be able to strike a deal like this and avoid federal prosectJtion The ackroom deal with federal prosecutors is all the more interesting in light of the legai powerhouses who have worked for Epstein including Harvard professor Alan bershowitz and Bill Clinton i11vestigator Kenneth Sta,.rr Lefcourt is a past president of the National Association of Criminal Defense Lawyers Epsteins local 9efen.se attor11ey,Jack Goldberge.r issued a statement Friday saying he had fought the release of the sealed agreement to protect the third patties named there Mr Epstein has fully abided by all of its terms and c_onditions He is looking forward to putting this difficult period in his life behind him He is.tontini.ling his long standing history of science philanthropy CA/Aropfi:m5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The i igation triggered tensions between polic i prosecutors with then-Palm Beach Chief Michael Reiter saying in a May letter to then-State Attorney Barry Krischer that the chief prosecutor should disqualify himself continue to find your offices treatment of these cases highly unusual Reiter wrote He then asked for and got the federal investigation that ended in the sealed deal 223The Jeffrey Epstein matter was an experience of what a many-million-dollar defense can accomplish Reiter told the Palm Beach Daily News upon his retirement BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The 1.igation triggered tensions between poli prosecutors with then-Palm Beac:h.Chief Michael Reiter sayi in a May letter to then State Attorney Barry Krischer that 267the chief prosecutor should disqualify himself continue tq find your offices treatment of these cases highly unusual Reiter wrote He then asked for and got the federal investigation that ended in the sealed deal The Jeffrey Epstein matter was an experience of what a many-million-dollar dE ense can accomplish Reiter told the Palm Beach Daily News upon his retirement CA/Aropfl:ffl5?iJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Wednesday January Edition FINAL Section LOCAL BUSINESS Page 3B Source By JANE MUSGRAVE Palm Beach Post Staff Writer Dateline WEST PALM BEACH JUDGE RULES EPSTEIN ATTORNEYS CAN SUBPOENA ABORTION RECORDS Tn a decision that could spark a Constitutional showdown over privacy rights a judge Tuesday gave lawyers representing multimillionaire sex offender Jeffrey Epstein the right to subpoena abortion records from women who are seeking millions in damages from the part time Palm Beach resident Palm Beach County Circuit Judge Donald Hafele said the records could help Epstein rebut the womens claims that they suffered psychological ills after being paid to give him sexually-charged massages at his Palm Beach mansion when they were as young as Hafele told Epsteins attorneys they couldnt go on a fishing expedition The medical records he said cant be sought until the women are asked whether they have ever had an abortion how many and where Further he said the records would not be made public and might not be admissible during trial But he said since the women claim Epstein now is responsible for their emotional distress his attorneys can explore the impact of other events Medical records Hafele said are a better source of information than a persons memory Attorney Louis Silver who represents the Presidential Womens Health Center a West Palm Beach clinic where abortions are performed warned Hafele that he was stepping on shaky constitutional grounds These records are protected by our constitutional right of privacy he said referring to the Florida Constitution After the hearing Silver said an appeal wont be necessary until Epstein attorneys seek the records In another ruling Wednesday Hafele said that videos from depositions in the state cases cant be released without a court order The ruling came after Epstein attorney Robert Critton complained that a video of Epstein being asked whether he had an egg-shaped penis became a youtube.com sensation It first appeared bn The Palm Beach Post Web site Critton blamed attorney Spencer Kuvin for releasing it Kuyin said it was public record The civil suits began mounting after Epstein agreed to plead guilty to two state charges procuring a minor for prostitution and soliciting prostitution He served months of an mbnlh sentence As part of the deal brokered with federal prosecutors he agreed not to contest the accusations in the civil lawsuits He can argue the women dont deserve the millions they are seeking jane_musgrave pbpost.com CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Wednesday January lO Edition FINAL Sectjon LOCAL BUSINESS Page 3B Source By JANE MUSGRAVE Palm Beach Post Staff Writer Dateline WESTPALM BEACH JUDGE RULES EPSTEIN ATTORNEYS CAN SUBPOENA ABORTION RECORDS Tn a decision that could spark a constitutional showdown over privacy rights a.judge Jcesday gave lawyers representing ltim:iflionaire sex offender Jeffi Epstefn tlie 267right to subp.oeha aborti611 records from women who are seeking millions in damages from the part tirne Palm Beach resident Palm Beach County Circuit Judge Donald Hafele said the records could help Epstein rebut th wonwns daims thatthey suffored psychological Hls after being paid to give him sexually-charged massages at his Palm Beach mansion when they were as young as Hafele told Epsteinsattomeys they couldnt go on a fishing expedition The medical records he said cant be sought until the women are asked vhetherthey have ever had an abortion how many and wher Further he sa1d the records wouid not be made public and might not be admissible during trial But he said since the women claim Epstein now is responsible for their ernot1onai distress his attorneys can explore the.impact of other events Medical records Hafele said re a better source ofinformation than a persons memory Attorney Louis Silver who tepres 267ents the Presidential Womens-Health Center a West Palin Beach clinic where abortions are pedonne,d warnedHafelethat he was stepping on shaky constitutional gtoui1ds 225ifhese records are protected by our cons ti tutfom1l right of privacy he said refening to the Florida Constitution After the hearing Silver sa,id im appeal wont be necessary untii Epstein attorneys seek the records In another ruling cdnes.day Hafele also said that vide.os from depositions in the state cases cant be released viithout a court order The ruling came after Epstein attorney Robert Critton complained that a video of Epstein being asked whether he had an egg-shaped penis became a youtube.com sensation It first appeared on The Palm Beach Post Web site Critton bh1med attorney SpenGer Kuvin for releasing it Xuvin said it was public record The civil suits began mounting after Epstein agreed to plead gu:iJty to two state charges procuring a m:inor for prostitution and soliciting prostitution He served months of an rhonth sentence As part ofthe deal br9kered with federnl prosecutors he agreed not to contest the accusations in the civil lawsuits He can argue the women dont deserve the millions they are seeking jane _musgrave pbpost.com CA/Aro i BEACH COUNTY FL JOSEPH ABRUZZO CLERK I PM The Mm Beach Bast NEWS SHIRTS-199.9 HERE Epstein Journal 2s Findings Could Resurrect Case By Jane Musgrave Posted Sep at AM Updated Oct at AM EDITOR 2S NOTE This story originally published in The Palm Beach Post on March A purloined journal that is said to contain the names of hundreds of victims of convicted sex offender Jeffrey Epstein could be used to reopen the investigation into the multi-millionaires appetite for teenage girls an attorney representing seven of the victims said Friday New details about the contents of the journal were released this week when Alfredo Rodriguez who worked as a property manager for the Palm Beach resident pleaded guilty to obstruction of justice for lying to federal agents when asked if he had any information about his former boss criminal activity He later tried to sell the journal he stole from Epstein for to an unidentified person who alerted authorities according to court records As part of the plea agreement federal prosecutors said the journal 223contains information material to the Epstein investigation including the names of material witnesses and additional victims 223Had the items been produced in response to the inquiries of state or federal authorities the materials would have been presented to the federal grand jury federal prosecutors wrote ca/alo BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 1fte1 aim.Beacb Pit REAL NEWS STARTS HERE By Jane M.usg_rave Posted Sep at AM Update at AM EDIf RS NOTE This tory originally 265bli hed in The Palm Beach Post on March A purloined journal that is said to contain the names of llupqreds gvjcJims of convicted sex offender Jeffrey Ep 267stein could be used to reopen the investigation into the multi-millionaires appetite forteena girls an attorney representing even 9f the victims said Friday New det.uls pouttlie col te J.ts of the journal wei:-e released this week when.Alfredo Rodriguez who worked as a property manager for the Palm Beach resident pleaded grulty to ob truction of ju tice for lying to federal agents when asked if he had any information a,bout his former boss criminal activity He later tried to sell the journal he stole from Epstein for to an unidentified person who alerted authorities ac:cording to c::ourt recorcls As part of the plea agreement federal prosecutors said the journal contains irtfotmatiori material to the Epstein il ve tigatiQn including the mes of material witnesses and additional victims Had the items been produced in response to the inquiries of state or federal authorities the materials would have been presented fo th.e federal grand jury federal prosecutors wrote CA/Aropfl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Instea osecutors short-circuited the grand jury investigation and cut a deal with Epstein They agreed not to pursue federal charges if he didn 2t contest prpstitutipn related felonies in state court The money manager pleaded guilty in July to procuring a minor for prostitution and soliciting prostitution He served months of ah month sentence Attorney Adam Horowitz who represents seven of the roughly women who have filed civil suits against Epstein said the new information could trump the so caJled non-prosecution agreement The multifaceted agreement he said deals only with a specific list of victims that the U.S Attorney 2s Office knew about when it penned the deal in If additional victims are listed in the journal Rodriguez stole Horowitz said federal prosecutors could reopen the investigation It opens the door for further prosecution he said In addition to turning over the journal to federal agents Rodriguez told them he knew his former boss was having sex with underage girls when he worked for him in and He had seen naked girls who looked like minors in the pool of Epstein 2s million mansion He had seen pornographic images of young girls on Epstein 2s computer according to court records Neither Epsteins criminal defense attorney Jack Goldberger nor attorney Robert Critton who represents Epstein in the civil lawsuits could be reached Federal prosecutors have consistently declined comment The wording of the controversial agreement is unclear It says federal prosecutors would provide Epstein 2s attorneys with a list of individuals whom it has identified as victims Miami attorney Robert Josefsberg was appointed to CA/Ar 260pft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Instea.osecutors short-circuited the grand jury investigation arid cut a deal with Epstein They agreed not to pu_rsue federal charges if he did,nt on test pr9stitution related felonies in state court The money manager pleaded guilty inJuly2008 to procuring a minor for prostitution and soliciting prostitution He served months of ail month sentence Attorney Adam Horowitz who represents seven otthe roughly Women who have filed civil suits against Epstein said the new information could trump the so called non-prosecution agreement The multifaceted agreement he said deals only with a specific list ofvictims that the U.S Attorneys Office knew about when it penned the deal in iOOt Ifa,dditional victims are listed in the journal Rodriguez stole Horowitzsaid federal prosecutors could reopen the investigation It opens the door for further prosecution he said In additiop to tun1ing over the journal ro federal agent Rodriguez tqld them he knew his former boss was having sex with underage girls when he worked for him in and He had seen naked girls who looked like minors in the pool ofEpsteins million mansion He had en porno raphic images of young girls on Epsteins computer according to court records Neither Epsteins criminal defense attorney,Jack Goldberger nor attorney Robert Critton who represents Epstein in the civil lawsuits could be reached Federal prosecu.tors have consistently declined comment The wording of the controversial agreement is unclear It says federal prosecutors would provide Epsteins attorneys with a Ii.st of individuals whom it has identified as victims Miami attorney Robert Josefsberg was appointed to CA/Aroplfl5?ik BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM repre any of the victims on the list who wante pursue Epstein in civil court As part of the agreement Epstein is to pay for Jdsefsberg to represent the women Some of the women most identified as Jane Doe in lawsuits had already hired attorneys to represent them Some have since settled their suits with Epstein although terms were not disclosed Horowitz said he has filed court papers to get the journal that Rodriguez stole It 2s another piece of evidence that shows our clients were at Epstein 2s mansion he said Rodriguez told prosecutors he didn 2t turn over the journal when both FBI and Palm Beach police asked for it because he wanted money for it He also said he was afraid Epsteih would make him 221disappear The information he told investigators was his insurance policy He faces a maximum years in prison when he is sentenced on June ane_musgrave pbpos com pbpcourts CA/AropfmQW BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM pre.any of the victims on the list who wante pursue 267Epstein in civil court As par:tofthe agreement Epstein.is to pay for Josefsbetg to represent the women Some of the worn eh most identified as Jane Doe in lawstlits had alrea,.dy hir:e_d attorne.ys to represent them Some have since settled their suits with Epstein although terms were not disclosed Horowitz said he has filed court papers to get the journal that Rodrigut stQle Its another piece ofevidence that shows our ciients were at Epstein:.s mansion he said Rodti!;liez told prosecutors he didnt turn over the journal when both FBI and PalI!l Beach police ask.ed for it qe ause he wanted money for it He also said he was afraid Epstein would make him disappear The information he told investigators was his insurance policy He faces a maximuqi years in pri_son when he is sentenced on June jane:.musgrave pbpost.com CNAro fl5?i l2ti BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The Palm Beach Rm REflL NEWS STflRTS HERE Epstein paid three women million Ie end underage sex lawsuits By Jane Musgrave Posted Oct at AM Updated Oct at AM Ending years of speculation about how much Palm Beach billionaire Jeffrey Epstein paid young women who claimed he used them as sex toys court documents filed last week show he shelled out million to settle lawsuits with three of more than two dozen teens who Sued him Responding to requests from Epsteins attorneys in a complex lawsuit that was spawned by the sex scandal attorney Bradley Edwards said the politically-connected 64-year-old convicted sex offender paid more than million to each of the three women Edwards represented Identified in court papers only by their initials or pseudonyms because of the nature of the allegations and their youthful ages L.M was paid million million and Jane Doe million Edwards said of the settlements he negotiated with Epstein to end the lawsuits Jack Goldberger one of Epstein 2s criminal defense attorneys on Tuesday declined comment on the revelations citing confidentiality agreements that were part of the settlements For the same reason he declined to say whether Epstein paid similar amounts to settle roughly two dozen lawsuits filed by other young women against Epstein claiming he paid them for sex when some were as young as years old Attorney Jack Scarola who is representing Edwards said his client was compelled to divulge the confidential settlements to answer questions posed by Epstein 2s attorneys 223Brilliant move on their part he said Even if Epstein 2s attorneys hadn 2t opened the door Scarola said the information would have likely come out He says the information will help him undermine Epstein 2s claims that Edwards ginned up the allegations to help his former law partner imprisoned and disbarred Fort Lauderdale lawyer Scott Rothstein perpetuate a SI.2 billion Ponzi scheme CA/Amp I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 267Ecp,ste.ill p.ald lDre:e i inillion tQ JJd qnd 267era:ge se law:sulf By ne Musgrave Posted Oct at AM Updated Oct at AM Ending years of speculation about how nitith Palm Beach billionaire Jeffrey Epstein paid young A wome,n w.ho dain::ied he u.sed the.n::i as toys court docu,IT1eJ;1ts filed last week show he she.lied out million to settle lawsuits with three of mQre than twq dozen teens who sued him Responding to r_equests.from Epsteins attorneys in a complex iawsuit that was spawned by the sex scandal attorney Bradley Edwards said the politically-tonnected 64--year-old convicted sex offender paid more th?,n milli.on to e.icl;i of thinllree womep Edwards represented dentified in court papers on.ly their iilltials or pse,uqonyms because of the nature of the aliegations and their youthful ages L.M was paid million E.W miliion andJane Doe million Ed vards said of the settlements he negotiated with Epstein to end the lawsuits J:ack Goldberger one of Epsteins criminal defense att9rneys onT lesday declined c9mment 9n the reveiations citing c_onfidentiality agreements that were part of the settlements For the same reason he dedined to say whether Epstein paid similar amolirits to settle rou hly two dozen lawsuits filed byotheryoungwomen against Epstein claiming he paid them for.sex when some were young as years olq Attorney Jack Scarola who is repr.esenting Edwards said his client was c.ompelled to divulge the confidential settlements to answer questions posed by Epsteins attorneys Brilliant move on their part he s_aid Even if Eps_teins attorn ys hadnt opened the door Scarola said the information would have likely tome out He,says the information wiil help him i.mdettnine Epsteins claims that Edwards ginned up the allegations to help his former law 267partner imprisoned and disbarred Fort Lauderdale lawYer Scott Rothst in perpetuate a billion Ponzi scheme CA/Ar fi:fflj l2M BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The revelations of the settlements came as part of an ongoing lawsuit that started as a dispute between Epstein and Rothstein both billionaires A year after Epstein in pleaded guilty to solicitation of prostitution and procuring a minor for prostitution he sued Rothstein and Edwards claiming they trumped up the allegations of sexual molestation to perpetuate the Ponzi scheme Rothstein was sentenced to years in prison in after admitting he had built his wildly successful law firm by forging the names of federal judges and others to persuade investors he had negotiated settlements in lawsuits against high-profile people Investors were told they could get a cut of the cash One of the high-profile people Rothstein used to lure investors was Epstein according to a lawsuit West Palm Beach attorney Robert Crittpn filed on Epstein 2s behalf According to the lawsuit Rothstein told investors Epstein a money manager had agreed to settle the lawsuits with the teens for million a claim Critton described as complete fabrication After Epstein dropped the lawsuit in Edwards turned the tables on him Edwards accused Epstein of filing the lawsuit maliciously to punish him for representing the young women Although Edwards was a partner in Rothstein now defunct firm Scarola claims Epstein had no evidence Edwards was involved in the Ponzi scheme Federal prosecutors successfully charged other attorneys and members of the firm but Edwards was never implicated Scarola said in the malicious prosecution lawsuit The revelations about the money Epstein paid to three of the young woman came last week in documents filed for a hearing Tuesday in preparation for a December trial on the lawsuit Attorney Tonja Haddad Coleman who represents Epstein on Tuesday sought a delay of the trial in part because she claimed she has been unable to talk to her client since his estate on his private island in the U.S Virgin Islands was devastated last month by Hurricane Irma 2ve had no ability to communicate with Mr Epstein she said CA/AropjgOgl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The revelations of the settlements came as part of an ongoing lawsuit that started asa dispute bet veen Epstein and Rothstein both billionaires A_ year after Epstein in pleaded gt1iltyto 267s_olicitation ofprosdtu ion and procudng a minor for prostitution he sued Rothstein and Edwards claiming they trumped up the allegations of sexual molestation to perpetuate the Ponzi sthetne Rothstein was sentenced to SO years in prison in after admitting he-had built his wildly successful law firm byforging th names of federal Judges and other!i to persuade investors.he had negotiated settlements in lawsuits against high,..profile people Investors were told they could get a cut of the cash One of the high-profile people Rothstein used to lure investor w.ts Epstel according to a lawsuit West Palm Beach attorney Robert Critton filed on Epsteins behalf According to the lawsuit Rothstein told investors Epstein a money manager had agreed to settle the lawsuits with the teens for million a claim Critton described as a complete fabrication After Epstein dropped the lawsu1t in l2 Edwards turned the tables Ol;l h1 Edward_s accused Epstein of filing the lawsuit maliciously to punish him for representing the young women Although Edwards wa:s a partner in Rothsteins now defunct fitm Scarola daims Epstein had no evidence Edwards was involved in the Ponzi scheme Federal prosecutors successfully charged other attorneys and memb rs qf finn butEdwarcis was never ilplicated,Scarola said in the mahcious prosecution lawsuit The revelations about the money Epstein paid to threeof theyoung woman came lastweekin documents filed for a hearing Tuesday in preparation for a December trial qn the law_suit Attorney Tonja.Haddad Coleman who represents Epstein on Tuesday sought a delay of the tri;i.1 in part beca,use sh cl he has be l,lnable t_o talk to her client since his st.:ite on his private island in the U.S Virgin Islan:ds was devastated fast month by Hurricane Irma Ive had no ability to coirtmunicate vith Mr Epstein she said CA/Aro tl A.i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Pointing out Epstein 2s enormous wealth and his private jet Palm Beach County Circuit Judge Donald Hafele rejected her request While saying he didnt want to appear insensitive to those victimized by the storm that hammered the Caribbean and roared through South Florida he said Coleman offered no proof such as an affidavit from Epstein to shore up her claims Still Hafele gave Coleman extra time to respond to various motions that he will have to decide before the case goes to trial Despite Scarola 2s insistence that Edwards had nothing to do with Rothsteins Ponzi scheme Coleman said the evidence indicates otherwise Why else would he try to depose Epsteins well-known friends such as now President Donald Trump former President Bill Clinton and illusionist David Copperfield she asked He used the celebrities as a draw she said The Epstein cases were used to fleece money and defraud investors she said Edward 2s malicious prosecution case has been difficult for both sides because both Epstein and Edwards have refused to answer questions As he did in the civil lawsuits Epstein has invoked his Fifth Amendment right against self-incrimination when questioned by Scarola Edwards has claimed that much of the information Epstein is seeking is protected by attorney-client privilege The malicious prosecution lawsuit is one of two hotly-contested lawsuits that continue to pit Edwards against Epstein Edwards also is suing the U.S attorney 2s office claiming it violated the federal Crime Victims Rights Act when it negotiated a.non.-prosecution agreement with Epstein Only after federal prosecutors agreed to drop their investigation of Epstein did he agree to plead guilty to two prostitution charges in Palm Beach County Circuit Court In federal court records prosecutors claim one of the key reasons they agreed to drop their case was Epstein 2s agreement to settle lawsuits filed against him by dozens of his underage victims CA/Aropj Of BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Pointing out Ep teins enormous wealth and his private jet Palm Beach County Circu_1t Donald Hafele rejeated her request While saying he didnt want to appear insensitive to those victimized by the storm that hammered the Caribbean ariq roared through South Florida he said Coleman offered no proqf sucli as an affidavit from Epstein to shore up her claims Still Hafele gave Coleman extra time to respond to various motions that he will ha,ye to decide before the case goes to trial Despite Statolas insistence that Edwards had nothing to do with Rothsteins Ponzi scheme Coleman said the eyidence indicates otherwise Why _else would he try to depose Epsteins well:-knqwn friends such as now President Donald Trump former PresipentBill Clinton and iUusionist David Co_pp,etfield she asked He used t,he celepriti as a draw she said The Epstein cases were used to fleece money and defraud investors sll:e said Edwards malicious prosecution cas has been difficult for both sides beta.use both Epstein and Edwards have refuse.cl to answer questions As he did in the civil lawsuits Epstein has invoked his Fifth Amendment right against self-incrimination when quesdoned by Scarola Edwards has claimed that 1nuch of the informa_tfon Epstein is seeking is protected by attorney-client privilege_ The malicipus prosec ltion lawsuit is _one ofnvo hotlt-cohtest lawsuits that continl!e to pit Edwards against Epstein Edwards also is suing the ll.S attqz:neys office daiming it violated the federal Crime Victims Rights Act when it negotiated a non.-prosecution agteemerit with Epstein Qr1ly after feperal prosecutors agreed to drop their investigation of Epstein did he agree to plead guilty to two prostitution charges _in Palm Beac.h County Circuit Court In federal court records prosecutors c;laim one of the key re:ason:s they agreed to drop their case was Epste1ns agre menuo settle lawsuits filed against him by dozens of his underage victims CA/Aro13 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Pakn Be ach Daily News Judge rules feds agreement with Jeffrey Epstein pact violated teen victims rights By Jane Musgrave Posted Sep at PM Updated Oct at PM EDITOR 2S NOTE This story originally published in The Palm Beach Post on February Federal prosecutors violated the rights of Jeffrey Epstein 2s teenage victims by failing to reveal they had dropped plans to prosecute the billionaire on dozens of federal charges in connection with the girls claims that he paid them for sex at his Palm Beach mansion U.S District Judge Kenneth Marra ruled on Thursday In a blistering 33-page ruling Marfa meticulously and methodically detailed the numerous steps federal prosecutors took to hide the agreement from more than 4Q young women who claim Epstein paid them for sex when they were as young as While the government spent untold hours negotiating the terms and implications of the NPA with Epstein 2s attorneys scant information was shared with the victims Marra wrote 223Instead the victims were told to be 221patient while the investigation proceeded By then it was too late A deal had already been cut with then-South Florida U.S Attorney Alex Acosta and Epstein 2s attorneys to shelve a 52-page federal indictment against Epstein a former math teacher turned money manager who counts Presidents Donald Trump and Bill Clinton among his friends BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Jud ea rule_s feds ree_m_ent with Jrd:f11e E11sten1 p_atft iiolate teen vic:tin1s rlgh,ts By gra Posted Sep at PM Updated Oct at PM EDITORS NOTE This story originally published in The Pq.lm Beacb P9st qn February Federal prosecutors violated the rights of Jeffr Epsteins teenage victims by failing to reveal they had dropped plans to pro ecute the billionaire on dozens of federal charges in connection with the gi_rls daimsthat he paid them for sex at his Palm Beach mansion U.S DistrictJudge Kenneth Marra ruled on Thursday In a blistering 33-page ruling Marra meticulously and methodically detailed th nu,merol,ls steps federal prosec 267utors took to hide the agreement from more tnan young women who claim Epstein paid them for sex when they were as young as While the government spent untold hour_s negotfatmg the terms and implications of the NP A with Epsteins attorneys scant iI1formation was shared with the victims Marra wrote Instead the victims wen told to patient while the investi atioh proceeded By then it was too late A deal had already been cut with then-South Florid U.S Attorney Alex Acosta and Epsteins attorneys to shelve a 52-page fecieral indictment again Epstein a fortrter math teacher turned money manager who counts Presidents Donald Trump and Bill Clinton among his friends CNAroabem.-001328_ rICED PALM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Pros rs failure to alert the young women abo deal violated the Grime Victims Rights Act Marra ruled a bare minimum the act required the government to inform the young women that it intended to enter into an agreement not to prosecute Epstein he wrote Still Marra said he wasn 2t second-guessing prosecutors decision not to pursue Epstein on federal charges if he pleaded guilty to minor state prostitution charges and agreed to compensate his victims for the trauma he caused 223The court is not ruling that the decision not to prosecute was improper Marra wrote 223The court is simply ruling that under the facts of this case there was a violation under the CVRA Further he made no decision about what the remedy should be He gave prosecutors and attorneys representing the young women days to meet to decide how to unravel the complex legal web that has been hanging over Epstein and his young victims for more than a decade The chances an accord will be reached are slim said attorney Jack Scarola who is representing the two Jane Does who challenged the prosecutors actions Further he said there is no road map to follow The lawsuit attorney Bradley Edwards filed on behalf of the two unidentified young women claiming prosecutors violated the federal act is unique he said are treading on virgin ground to use what is probably an inappropriate phrase in this situation he said Scarola said he arid Edwards will ask that the non prosecution agreement be thrown put That would open the possibility that the long-shelved federal indictment could be dusted off and filed against the 66-year-old Epstein who spends most of his time on a private island he owns in the U.S Virgin Islands BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Pros.rs failure to alert the young women abo deal violated the Crime Victims Rights Act Marra ruled At a hare mi.njrn-!m the act required the government tq I inform the young women that it intenc;led to enter into an agreement not to prosecute Epstein he wrote Still Marra said he wasnt second-guessing prosecutors decision not to pursue Epstein on federal charges if he pleaded guilty to minor state prostitution charges and agreed to compensate his victims for the trauma he caused The court is not ruling that the decision not to prosecute was improper Man-a wrote The co4rt is s1mply nili11g that under the facts of this case there was a violation under the CVRA Further,he ma,de no decision about what the remedy shouid be He gave prosecutors and attorneys representing the yoting women days to meet to decide how to unravel the complex legal web that has been hanging over Epstein and his young victims for n:iore than a decade The chances an accord wilJ be reached are slim said attorney ack Scarola Who is representing the two Jane Does who challenged the prosecutors actions Further he sq,i i there is QO road m?p to follow 1J1e lawsuit attorney Bradley Edwards filed on behalf of the two unidentified young women claiming prosecutors violated the fede.ull a,ct is uniqlle said Y/e are treading on virgin ground fo l,Se what js probably an inappropriate phrase iri this situation he said Scarola said he arid Edwards Will ask that the hon prosecution agreeinent be thrown 9ut Th.at wot1ld open the possibility that the long-shelved federal indictment could be dusted off and filed against the 66-yeat-old Epstein who spe11ds most of his time on a private island he owns in the Virgin lslanqs CA FILt.IJ PALlvl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I don the government conceding to that reme Scarola admitted Further he said it is likely Epstein will be allowed to weigh in Miami attorney Roy Black years ago filed papers asking to intervene on Epsteins behalf The U.S Attorneys Office said it wouldnt comment on Marras ruling Neither Black nor New York City attorney Jay Lefkowitz who led efforts to bury the federal indictment responded to emails or phone calls for comment West Palm Beach attorney Jack Goldberger who represents Epstein also didn 2t respond Scarola said it is likely Epstein 2s star-studded legal team will argue that Epstein fully complied with the terms of the agreement he made in with federal prosecutors and therefore the agreement can 2t be undone As he promised Epstein pleaded guilty in June to state charges of soliciting a minor for prostitution and soliciting prostitution He served months of an 18-month jail term in a vacant wing of the county stockade that he was allowed to leave hours a day six days week Further as agreed he paid settlements to the young women who sued.him While the settlements were confidential court records show he paid three women a total of million In return federal prosecutors held up their end of the bargain Their investigation ceased Having done all that prosecutors asked of him Scarola said Epstein will make a simple argument 223You can 2t turn around and deprive me of the benefits I bargained for However Scarola said using Marras ruling he will counter that the contract Epstein signed was illegal and therefore unenforceable BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I do the government conceding to that rem Scarola admitted Further he said it likely Epstein will be c1llowe9 to weigh i.n M_ia,rni attorney Roy Black ago filed papers asking to intervene on Epsteins behalf The U.S Attornef Office said jt wouldnt totninefit oil Marras ruling Neither Black nor New York City attorney Jay Lefkowitz who led efforts to tht 267federa:l indictment responded to emails or phone calls for comment West Paint Beach attorney Jack Goldberger who represents Epsteln also did11.t respop,d Scarola_ said it is likely Epsteins star,-studded legal team will argue that Epstein fully complied with the tetms of the agreement he made in with federal prosecutors and therefore th a,greement cant undqht As he promised Epstein pleaded guilty in June to state charges of soliciting a minor for prostitution and soliciting prostitution He served months of 18-mont jaU term in a vacanr wing of the county s_tockad.e that he was allowed to leave hours a day six days week Further as a reed he paid settlements to the young women who ued.him While the settlements were confiqential court records show he paid three women a total of million fo return federal prosecutors held up their end of the bargc1in Their inye igation ceas Having done all that prosecutors asked of him Scarola sa.id Epstein will rriake simple argument You cant turn around and deprive me of the benefits I bargained for However Scarola said using Ma ras ruling he will c:ounter that the contrae:t Epstein signed was illegal and therefore unenforceable CA/Aropit8 A.i3Ri BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Even rra agrees to toss out the non-prosecuti agreement Scarola conceded that doesn 2t mean Epstein will face federal charges The contract can be set aside and the federal government can attempt to enter into the same agreement he said Except the spotlight of public attention will be on them and the victims will be able to explain to the court why this sweetheart deal should not be approved Scarola said that prosecutors may have had good reason not to pursue Epstein There may be a reasonable explanation but we don 2t know what that reason may have been he said Iii court papers federal prosecutors have said that many of the young women were afraid to cross the powerful politically connected money manager and simply refused to testify against him In other cases they said the women changed their stories Jane Doe who is trying to have the non-prosecution agreement thrown out initially described Epstein as an awesome man arid told prosecutors she hoped 223nothing happens to him While she later agreed to testify against Epstein prosecutors said they feared Epstein 2s attorneys would use her words to destroy her if she ever took the witness stand Marra however said the young woman 2s comments didn 2t mean wasn 2t entitled to know about the prosecutors plans to drop the charges There is no dispute that Epstein sexually abused Jane Doe while she was a minor he wrote Therefore regardless of her comments to the prosecutor she was a victim Before the case is finally resolved Scarola predicted that lot of people are going to have to answer a lot of questions C/VArop I BEACH C0UNTY FL JOSEPH ABRUZZO CLERK PM Even tra agrees to toss out-the non-prosecuti agreement Scarola conceded that doesnt mean Epstein will face federal cb;irg The contract can be set aside and th_e federal governm nt cart attempt to enter into the same agreement he said Exceptthe spotlight of public attention will be on them and the victims will be able to explain to the court why this sweetheart deal should not be approvea Scarola said that prosecutors may have had good reason not to pursue Epst i_n Th,ere may be a reasonable explanation but we dont know what that reason may have been he said In court papers federal prosecutors have said that many of the young w9men w,er.e afraid to cross the powerful politically connected money manager and simply refused to testify a ainst him In other cases they said the worrien changed their stories Jape qe who is trying t9 have the non-proseq1tion agreement thrown out initially described Epstein art awesome man arid told prosecutors she hoped nothing happe;ns to him While h_e later agreed to testify against Epstein prosecutors said they feared Epsteins attorneys would use her wordsto destroy her if she ever took the witness stand IVlarrn h9wev saig d1e young wom_ans comwents gidnt mean she wasnt entitled to know-about the,prosecutors plans to drop the charges There is no dispute that Epstein sexually abused Jane Doe while she was a minor he wrote Therefore regardless of her comments to the prosecutor she was a victim Before the case is finally resolved Scarola predicted that a lot of people ar going to hctv to answer a lot of question CNAropfL8ffl5?iA.l BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM In his Jkg Marra detailed what appeared to be relationship between Acosta his line prosecutors and Epstein 2s team of lawyers His phalanx of lawyers included noted Harvard law professor Alan Dershowitz and Kenneth Starr the former U.S solicitor general whose investigation led to the impeachment of President Clinton Marra describes an October breakfast meeting between Acosta who is now U.S labor secretary and Lefkowitz shortly after the non-prosecution agreement was inked After the meeting Lefkowitz sent Acosta a note thanking him for the commitment you made to ine during dur October meeting in which you assured me that your Office would not contact any of the identified individuals potential witnesses or potential civil claimants and their respective counsel in this matter Marra quoted an equally pleasant note then-Palm Beach County State Attorney Barry Krischer sent to Assistant U.S Attorney Marie Villafana who was the lead prosecutor in Epstein 2s case 223Glad we could get this worked out for reasons I won 2t put in writing Krischer wrote shortly after the non-prosecution agreement was signed 223After this is resolved I would love to buy you a cup at Starbucks arid have a conversation Many of the notes that were exchanged dealt with prosecutors and Epstein 2s lawyers shared desire to keep the deal secret from Epstein 2s accusers In a September email Villafana asked Lefkowitz for guidance about what she should reveal 223And can we have a conference call to discuss what I may disclose to the girls regarding the Agreement she asked CA/Aropj OJI BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM In liis.g Marta detailed what appeared to be a relationship between Acosta his line prosecutors and Epstein tean:i ofl_a yY fs His phalanx qfJavvy rs included noted Harvard law professor Alan Detshowitz and Kenneth Starr the former U.S solicitor general whose investigation led to the impeachment of President Clinton Marra describes an October bre kf;:ist meeting between Acosta who is now U.S labor secretary and Lefkowitz shortly after the non-prosecution agreement was inked After ti m.eeting Ldko tz nt Acosta a_ note t_banking him for the commitment you ma.de tb ihe during out October meeting in which you assured me that yow Office would not cont ct iny ohh Identified individuals potential Witnesses or potential civil claimants a.nd their respective counsel in this matter Marra quoted an equally pleasant note then-Palin ach Co 265ncy State Attor_ney Barry Krischer sent to Assistant LS Attorney Marie Villafana who was the Jea:d prosecutor in Epsteih.s ta:se Glad.we could get this worked out for reasons I wont put in writing Krischer wrote shortly after the non-prosecution agreement was signed After this is resolved I would love to buy"you a cup at Starbucks arid have a conversatioI Many of the notes that were exchanged dealt with prosecutors and Epsteins lawyers shared desire to keep the deal secret from Epsteins accusers In a September email Villafa.na asked Lefkowitz for guidance about what she should reveal Ahd can we have a cohfetehce taJI to discuss what may disclose to the girls regarding the Agreem nt he c1sked CA/Aropfi:m5 A.iiJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Such eration between prosecutors and defens attorneys is unusual Marra said Tt was a deviation from the government 2s standard practice to negotiate with defense counsel about the extent of crime victim notifications he wrote Further he noted that when Edwards and his two young clients asked for information they were repeatedly misled The CRVA was designed to protect victims right and ensure their involvement in the criminal justice process Marra wrote When the government gives information to victims it cannot be misleading Ultimately the terms of the rion-prosecutibn agreement were revealed only after Edwards and attorneys for the press successfully sued to make them public pbpcourts CA/ArOpft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Such eration between prosecutors and defense attorneys is um,1sual Marra said fr was a deviation fr the governments-stan-dard practice to negotiate with defense counsel about the extent of crime victim notifications he wrote Further,.h noted that when Edwards md his two young clients asked for information they were rep.eatedly misled The CR VA was designed to protectvictims right and nsure their inv9lyement in th rimfo.al justice process Marra wrote When the government gives information to victims it cannot be misleading Ultimately the terms of the non-prosecution agreement were revealed only after Edwards and attorneys for the press successfully sued to make them public jmusgrave pbpost.com pbpcourts CA/Aro tl ihl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Tuesday July Edition Final Section A Section Page 1A Source By Jane Musgrave The Palm Beach Post Epstein indicted on sex charges Part-time PaWi Beacher pleads not guilty to sex trafficking conspiracy charges in federal court in Manhattan Dressed in a blue prison jumpsuit billionaire Jeffrey Epstein on Monday pleaded not guilty to charges accusing him of creating a vast network of girls as young as that he exploited for his sexual pleasure at his homes in Palm Beach and Manhattan The 66-year-old money managers appearance in U.S District Court in New York City capped more than a decade of recriminations by young women and their attorneys who claimed Epstein used his money and political influence to avoid federal prosecution Epsteins attorney Reid Weingarten dismissed the two-count indictment on sex trafficking charges as essentially a do-over of allegations that landed Epstein in the Palm Beach County Jail for months more than a decade ago However unlike in when then-South Florida U.S Attorney Alex Acosta agreed to shelve a 53-page federal indictment after Epstein agreed to plead guilty to two state prostitution charges prosecutors in New York indicated they arent willing to deal Acosta is now U.S labor secretary The alleged behavior shocks the conscience New York City U.S Attorney Geoffrey Berman said at a morning news conference And while the charged conduct is from a number of years ago it is still profoundly important to many of the alleged victims now young women They deserve their day in court Ata detention hearing scheduled for Monday Berman said he will ask a federal judge to keep Epstein behind bars until he is tried on charges of sex trafficking and conspiracy to commit Sex trafficking Epstein paid dozens of young women to give him nude massages that for most led to sex he said If convicted of exploiting dozens of young women including many Palm Beach County girls who were students at Royal Palm Beach High School Epstein faces a maximum 45-year prison sentence Citing Epsteins enormous wealth his homes in New York Palm Beach the U-S Virgin Islands New Mexico and Paris and his ownership of two jets Berman said there are few conditions that could keep Epstein from fleeing to a foreign country to evade prosecution CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Tuesday July Edition Final Section A Section Page 1A Source By Jane Musgrave The Palm Be.ach Post Epstehlindicted oJti sex charges p:art-titfi_e lalm eacber pleads 11ot guilty to sex trafficking conspiracy cbarges in fijJlera.l court in 267_M:_an,hattan Dressed in a blue prison jumpsuit billionaire Jeffrey Epstein ori Monday pleaded not guilty tQ h_arges 1ccl,;lsing jm Qf cre tjl a st networ_k 9fgirls as you_ a,s i th he exploi_ted for his sexual pleasure at his homes in Palm Beach and Manhattan The 66-year-oldmoneymanagers appearance in U.S District Court in New York City capped more than a decade of recriminations by young women and their attorneys who claime,d Epstein used his money and political influe to avoid fede_ral prQsec 265tion Epsteins attorney Reid Weingarten dismissed the vo-C."ount indictment oh sex trafficking charges as essentially a do-over of allegations that landed Epstein in the Palm Beach County fail for months more than a decade ago Howeyer unlike in when then-South.Florida U.S Attorn Alex Aco agr to shelve a 53-page federal indictment after Epstein agreed to plead guilty to two state prqs itution gh,arges proseciJtors i_n Ni:!w York ipc;ffca,ted th arent willing to deal Acosta is now U.S labor secretary The alleged behavior shocks the conscience New York City tJ.S Attorney Geoffrey Berman said at a 19r_ning news cqnference And while the ch ged cq_nduct is from a number of years ago it is still profoundly important to many of the alleged victims now young women They deserve their day in court At a detention hearing scheduled for Monday Berman said he will ask a federal judge to keep Epst in bGhinq ba,rs llJJ.tH he is tri on chfilw of tr ficking and conspiracy tp commit sex traffrckihg Epstein paid dozens of young women to.give hil nude massages that for most led to sex he said If convicted of exploiting dozens of young omen including many Paint Beach County girls who were st:l.ldents at Royal 267Palm Beach High School Epstein faces a maximum 45-year prison sentence Citing Epsteins enormous wealth hishomes in New York Paim Beach the US.Virgin Islands New Mexico and Paris artd his ownership oftwo jets Berman said there are few conditions that could keep Epstein from fledng to a foreign country to evade prosecution CA/Aro il8ffl5 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM We think hes a significant flight risk Berman said of the man who ferried Britains Prince Andrew actor Kevin Spacey famed Harvard law professor Alan Dershowitz and former President Bill Clinton on his jet dubbed the Lolita Express Bermans hard-line stance was welcomed by young women who for years have been told that Epstein couldnt be touched because Acosta signed off on the nonprbsecution agreement promising not to charge Epstein in federal court Former Palm Beach County resident Virginia Guiffre who has accused Epstein of turning her into his sex slave and forcing her to have sex with others including Dershowitz and Prince Andrew praised Berman He showed the case is being taken in a serious way she told the Associated Press Dershowitz has vehemently denied Guiffres claims New York prosecutors were able to ignore the controversial nonprosecution agreement because it contained some significant fine print said former federal Judge Paul Cassell who for years has fought to get the agreement thrown out It says only that ho charges could be filed against Epstein in South Florida he said Berman agreed That agreement only binds by its terms only binds the Southern District of Florida he said The Southern District of New York is not bound by that agreement and wasnt a signatory of it That means the sordid allegations that have been leveled at Epstein for years are now part of a federal indictment Contrary to Epsteins claims he knew the women who came to his homes in New York and Palm Beach were minors because they told him their ages accordihg.to the indictment Epstein preyed on young girls because he knew they were vulnerable to exploitation prosecutors added As part of a carefully orchestrated sex ring Epstein or his associates would call girls while he was in New York so they would be available for sex once he returned to Palm Beach the indictment says The employees werent named They were identified only as Employee-1 Employee-2 and Employee-3 To ensure he had a steady stream of young girls Epstein would turn some victims into recruiters He would pay them to bring new girls to his home on El Bri Ho Way along the Intracoastal Waterway in Palm Beach or to his palatial townhouse on New Yorks Upper East Side This allowed Epstein to create an ever-expanding web of new victims Berman said In both New York and Palm Beach the lurid operation was similar Unidentified employees of Epsteins would escort the teens into a room They were told to take off all or most of their clothes before gi ving the naked billionaire massages according to the indictment Epstein would also typically masturbate during these encounters ask victims to touch him while he masturbated and touch victims genitals with his hands or with sex toys the indictment says As part of the criminal complaint prosecutors are asking that Epstein be forced to turn over his multinullion-dollar townhouse on East 71st Street Tire complaint does not seek forfeiture of Epsteins house in Palm Beach While heartened that Epstein now faces serious criminal charges in New York Cassell said he would continue to push a West Palm Beach-based federal judge to throw out the nonprosecution agreement that Acosta forged With Epsteins star-studded legal team CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM We th.ink hes a ignificant flight risk Berman said of the man who ferried Britains Prince Andrew actor Kevin Spacey fame-a Harvard iaw professor Alan Dershowitz and former President Bill Clinton on his jet dubbed the Lolita Express Be1mans hard-line stanc;e was welcomed by young women who_ for years have been tol.c thflt Epstein couldnt be touched because Acosta signed off on the honprosecutioi1 agreefuent promising not to charge Epstein in federai court Fonner Palm Beach County resident Virginia Guiffre who has accused Epstein ofruming her into his sex slave and fordng her to have sex with others 1nclud1ng bershowitz and Prince Andrew pniised Berman He showed the case is being taken in a serious way she told the Associated Press Dershowitz has vehem 267ently denied Guiffre claims New York prosecutor were able ignore the controversial noriprosecution agreement because it contained some significant fine print said former federal Judge Paul Cassell who for years has fought to get the agreement thrown out It says only that no charges could be filed against Epstein in South Florida he said Bennan gre cl Th i;igre rn_ent 9nly binds by its terms only binds the Southern District of Florida he said The Southern District of New York is not bound by that agreement and wasnt a signa,tory of it That means the sordid allegations that have been leveled at Epstein for years are now part of a federal i11dictme11t Contrary to Epsteins claims he knew the women who came to his homes in New York and Palm Beach were minors because they told him their ages according to the indictment Epstein preyed on young girls because he knew they were vulnerable to exploitation prosecutors add As part of a carefully orchestrated sex ting Epstein or his associates would call girls while he was in New York so they would be available for sex once he returned to Palm Beach the indictment says The employees werent named They were identified only as Employee-I Employe and Employee-3 To ensure he had a steady stream of young girls Epstein would turn some victims into recruit rs He woul pi;ty them to bring new girls to hi home on El Brillo Way al orig the Ihttacoastal Waterway in Palm Beach or to his palatial townhous.e on New Yorks Upper East S1de This allowed Epstein to create an ever-expanding web of new victims Berman said In both New York and Palm Beach the lurid operation was similar Unidentified employees of Epsteins would escort the teens into 267atoom They were told to take off all or most of their clothes before giving the naked bill_ionaire massag according to the indjctment Epstein would also typically masturbate during these encounters ask victims to touch him whlle he masturbated and touch victims genitals with hi hands or wi.th toys ti the indicth1ent says As part of the criminaJ complaint prosecutors are asking that Epstein be forced to tum over his multimillion-dollar townhouse on East st Street The complaint does not seek forfeiture of Epsteins house 1n Palm Beach While heartened that Epstein now faces serious criminal charges in New York Cassell said he would continue to push a West Palm Beach-based federai judge to th.row out the nonprosecutiori agree 267meilt that Acosta forged vith Epstei11!s sta:r-srudded legal team CA/Aropfl:ffl5?iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM U.S District Judge Kenenth Marra has already ruled that Acosta violated the federal Crime Victims Rights Act by not telling Epsteins victims about the agreement before it was inked Coincidentally Cassell arid Epstein attorney Roy Black had to file papers by midnight Monday explaining what action Marra should take to redress that wrong Cassell insisted Epstein should face charges in federal court in West Palm Beach Florida victims deserve justice in Florida said Cassell who is working on behalf of Epsteins victims with attorneys Bradley Edwards and Jack Scarola Since its likely Florida women will get to testify against Epstein in New York Scarola said hes not focused on whether Epstein will face charges here Instead he said he wants to know how and why the agreement was reached Theres been no explanation as to how a deal like this could been cut and how the federal government could been involved in a conspiracy to violate federal law Scarola said of his interest in continuing the legal battle over the nonprosecution agreement When Acosta agreed to drop the federal investigation Epstein in pleaded guilty to two prostitution charges and served months of an 18-rhbnth sentence in a vacant wing of the Palm Beach County Jail a cell he was allowed to leave hours a day six days a week He was also forced to register as a sex offender and settle civil lawsuits more than young women filed against him U.S Rep Lois Frankel D-West Palm Beach said she.shares Scarolas interest in finding out how the agreement came to be."I am especially more interested in why Epstein got the deal he got Frankel said We need to know why he was given such an easy sentence While she has asked the House Oversight Committee to investigate Acosta Frankel said she is not sure that will happen It just seems to me it was a travesty that this guy got off the way he did and without pre-judging it let 2s have a proper court case Frankel said Former Palm Beach Police Chief Michael Reiter was inflamed in when then-State Attorney Barry Krischer refused to charge Epstein with serious crimes Reiter took the information his officers had gathered from dozens of Epsteins victims to Acosta believing he would prosecute Epstein He didnt Reiter said he was heartened that years later Epstein will finally face justice Thankfully Attorney Berman and the other authorities in New York have the good judgment to investigate and prosecute Epstein in the way that should have occurred in Florida.over a decade ago Reiter said in a statement And Scarola said there are signals that Bermans investigation is far from oyer Berman declined to answer questions about whether others such as Epsteins high-powered friends would be charged He brushed off questions about the significance that the investigation was being handled by the Public Corruption Unit While agents on Saturday were arresting Epstein aboard his private jet at the Teterboro Airport in New Jersey after returning from Paris other officers were searching his New York City townhouse Agents seized nude photos of young girls who appeared to be minors Berman said He said his focus was on finding more women who were exploited and abused by Epstein Turning to a poster detailing the charges that had been filed against Epstein he pointed a finger at a photo of the convicted sex offender who was once described as a man of mystery CA/AroPte 1y BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM U.S District Judge Kenenth Matta has already ruled that Acosta violated the federal Crime Victims Rights Act by not telling Epstein victims about the agreement before it was 1nked Coihtidetitally Cassell and Epstein attorney Roy Black had to file papers by midnight Monday explaining what aQtion Marra should take to redress that wrong Cassell insisted Epstein should face charges in federal court in West Palm Beach Florida victims deser_ve justice in Fioiida said Cassell who is working on behalf of Epsteins victims with attorneys-Bradley Ed v.ards and Jack Scarola Sinc_e Jts likely Florid.a women will get to test1fy against Eps_tdn in New York Scarola said hes not focused on whether Epstein will face charges here Instead he said he wants to know how and why the agreement was reached Theres been no explanation as to how a deal like this could have been cut and how the federal government couid have been involved in a conspiracy to v1oiate federal law Scarola said ofhis interest in cohtinuihg the legal battle over the nonprosecution igreement When Acosta agreed to drop the federal investigation Epsteinin pleaded guilty to two prostitution charges artd served months of an 18-month sentence in a vaqmt wing of the Palm Beach County Jafl a cell he was allowed to leave hours a day six days a week He was also forced to register as a sex offender and settle civil lawsuits mar than young women filed against him U.S Rep Lois Frankel D-WestPalm Beach said she shares Scarola interest in fiJJqing out how the agreement came to be."I am especially more interested in why Epstein got the deal he got Frankel said We need to know why he was given su.9h ap sentence Wbik she has asked the l:-Iouse Oversight Committee to investigate Acosta Frankel said she is not sure thatwill happen It just seems to me itwas a travesty tha,t th_i!l glJY got off the way he did and without.pre judging it lets have a proper court case Frankel said Former Palm Beach Police Chief Michael Reiter was inflamed in wllen then-Sta Attorney Barry Krischer refus_ed to charge Epstein with se1ious crimes Reiter took the information his officers had gathered frqm gozens of Epstein victiqis to Acosta believing _he would prosecute Epstein He didnt Reiter said he was hea1tened that years later Epstein will finally face justice Thankfully U.S Attorney Berman and the other authorities in New York have the good j_udgment to investigate and prosecute Epstein in the way ttiat shou.l i have occurred in Florida.over a decade ago Reiter said in a statement And Scarola id there are signals that nnans investigation i far from oye_r Bennan declined to.answer questions about whether others such as Epsteins high-:poWered fri QQ would be chargep He brushed off tions about the significanc,e that the investigation was being handled by the Public Corruption Unit While El.gents on Sat 265rday Vere ai:resting Epstein b9ard his pdvate jet atthe Teterboro Airport in New Jersey after returning from Paris other officers were searching his New otk City townhouse Agents seized photos of young gids who appeared to be minors Betmail said He id his focus w,;is on fin.ding more Vomen wbQ were exploited and.abused by Epstein Turning to a poster detailing the charges that had been filed against Epstein he pointed a finger at photo of the convicted sex offender who was once described as a man of mystery CA/Arof fi:Ffu?iJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM If you believe you are a victim of this man Jeffrey Epstein we want to hear from you Berman said A special number 1-800-CALLFBI will link victims of authorities Bill Sweeney assistant director of the FBI 2s New York office said after years of being ignored by federal agents the victims voices will be heard The Jeffrey Epstein matter is No on the major case list in the country Sweeney said Turning to address Epsteins victims directly he said Your bravery may empower others to speak out against crimes against them CA/Aropheffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM If you believe you are a victim of this man Jeffrey Epstein we Varit to hearfroni you Bei:man saiq A special nll!llbei 1-800-CALLFBl will Hnk victims of authorities Bill Sweeney rfssistant director of the FBIs New York office said after years of being ignored by federal agents the vi9tims voices will he hear The Jeffrey Epstein matter is No on the major case list in the country Sweeney said Turning to adclress Epsteins vi_ctims directly he said Your bravery rnay empower others to speak out a ainst crimes agaihstthem jmusgrave pbpost.com CA/Arof?fi:ffl5 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-5 CA/Arop ef I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-5 CNArop h.l 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 CASE NO DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk Comptroller Palm Beach County Florida Defendants DEFENDANT DAVE ARONBERG AS STATE ATTORNEY OF PALM BEACH COUNTY FLORIDA 2S ANSWER TO FIRST AMENDED COMPLAINT AND MOTION TO DISMISS COUNT II Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida 223SAO by and through the undersigned attorney hereby answers Count I of the First Amended Complaint of Plaintiff CA Florida Holdings LLC Publisher of The Palm Beach Post 223Post and files a Motion to Dismiss Count II as follows JURISDICTION Admitted for jurisdictional purposes PARTIES Admitted Denied that Defendant Aronberg or the Office of the State Attorney for the Fifteenth Judicial Circuit is in possession and/or control of documents that are the subject of this action Otherwise admitted Admitted INTRODUCTION Paragraph contains the Post 2s statement of the case and legal arguments to which no CA/Aroppf Opi BEACH CouNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUIT COURT OJ THE flfTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC Publisher of THE PALM BEACH POST Plaintiff DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk Comptroller Palm Beach County Florida Deforitlants CASE NO DEFENDANT DA VE ARONBERG AS ST ATE ATTORNEY OF PALM BEACH COUNTY FLORIDAS ANSWER TO FIRST AMENDED COMPLAINT A.NU MOTION TO DISMISS COUNT II Defendant DA VE ARON BERG as State Attorney of Palm Beach County Florida SAO by and through the undersigned attorney hereby answers Count I of the First Amei1ded Complaint of Plaintiff CA Florida Holdings LLC Publisher.of The Palm I each Post I?ost and files a Motion to Dismiss Count ll as follows JURISDICTION Adinitted fotjurisdictional purposes PARTIES Admitted Denied that Defendant Aronber,g or the Office of the State Attorney for the Fifteenth Judicial Circuit is in possession and/or control of documents that are the subject of this action Otherwise admitted Admitted INTRODUCTION Paragraph contains the Posts statement of the case and legal arguments to which no CA/Arof;lrl A.i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph contains the Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO admits only that section Florida Statute authorizes the disclosure of grand jury proceedings under certain circumstances Paragraph contains the Palm Beach Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph sets forth the Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph sets forth the Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof FACTUAL BACKGROUND The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof A First Epstein Sex Crimes Investigation Indictment and Plea Agreement The SAO is without knowledge or information sufficient to form a belief as to the truth CA/AroPlW?M BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM response is required To the extent that a response is required the SAO is without knowledge or infonnation sufficient to fonn a beltef as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph contains the Posts statement ofthe case and legal arguments to which no response is requfred To the extent that a respo11se is required the SAO a.d1ruts only that section Fioricia Statute at:1thorizes the disclosure of grand jury proceedings under certain circumstances Patagtaph contains the Palm Beach Posts statenicrtt of the case and legal arguments to which no response js required To the extent that a response is teq 265ired the SAO is Without knowledge or info,rm tion sufficient to form a bel_ief to the_ ti:uth of.any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph sets forth the Posts statement of the case and iegal arguments to which no tespon is required To the extent that a response is required the SAO is without knowledge or information sufficient to fonn a belief as to the truth of any fact al allegations co11tained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph sets forth the Posts statement of the case and legal arguments to which no response is reqifed To the e.xtet1t that a respo1ise is required the SAO is v,Mhout knowledge or information s.ufficient to form a belief asJo the trutli of any factual allegations co11tained in paragraph and therefore de_Iiies the allegations and demands strict proof thereof FACTUAL BACKGROUND The SAO is without knowledge or infonnationsufficient to form a belief as to the truth of any faetual allegations contained in patagraph I and therefore denies the allegations and demands strict proof thereof A First Epstein Sex Crimes ln estigation Indictment and Plea Agreement The SAO is without knowledge or information sufficient to fonn a belief as to the truth CA/Arof?ifEi hl4iBI BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form abelief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The AO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The AO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies tile allegations and demands stric proof thereof Police Chief Reiter 2s Letter to the State Attorney The AO is without knowl edge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations arid deriiarids strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The July State Grand Jury Presentation The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof CAyAropggjO BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM of any factual aH gation:s contained in paragraph and ther:efore denies the Uegatio11s and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore deni the allegations and demands strict proof thereof The SAO is withqut knowledge or 1nformaticm sufficient to fonn a beltef as to the truth of any factual allegations contained in paragraph and therefore denies the ailegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a beliefas to the truth ofany fact aJlegations contained in paragr pb a11d therefore de11ies the allegation_s ancl demands strict proof thereof The SAO is without knowledge or information sufficient to fom1 a belie fas to the truth of any facrual allegations coiltained in paragr ph aild thetefote denies the allegations and demands s.trict pr9ofthereo Police ChiefReiters Letter to the State Attom The SAO is without knowledge or information sufficient to form a belief as to the truth ofan:y factual allegations contained in paragraph and therefore denies the allegations arid demands strict proof thereof The SAO is withoutl_mow_l_edge at information s_ufficie_nt to forn.:i a belief as to the truth_ of any factual ailegatlons contained 1n paragraph and therefore denies the allegations and demancls strict proof thereof The July State Grand Jury Presentation The SAO is without knoYledge or infonnation sufficient to for1 a belief as to the truth of any fachia allegations conta1.ned in paragraph and therefore denies the allcgatfons and demands strict proof thereof CA/AropPcffl5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The AO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or informati on sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph arid therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The FBI 2s Investigation and Epstein 2s Non-Prosecution Agreement with Federal Authorities The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the al legations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to forma belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations arid demarids strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands CA/Aro pgl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The SAO is witho knowledge or infonnarion sufficient to form a beliefas tQ the truth of any factual allegations conta1ned ln paragraph L9 and therefore denies the allegations and demands strict proofthercof The SAO is withoutknciwledge or information sufficient to fomi a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and deinands strict proof thereof The SAO is without knowledge or information sufficient to fonn abeliefas to the truth of any factual allegations contained in patagrnph and therefore denies tlie al legations and demands strict proof thereof The SAO is wi.thm1t knowledge or infon11ati911 sufficient t9 for1 a beliefcts to the truth of any factual allegations ccmtaln in paragraph and therefore denies the ailegations and demands strict proof thereof The FBls Investigation and Epsteins Non-Prosecution Agreement with Federal Autbo,rjties The SAO is wid10t1t knowledge or information su ficient to form a beliefas to the tn.ith of any factual aflegations contained in paragr ph and therefore denies the allegations and demand.s strict proof thereof The SAO is without kno,vledge ot information sufficient to fonn a belie fas to the truth of any factual clcgations contain_ed in paragraph and therefore deQies the all_egations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth ofany factual allegations contained 1n paragraph and therefore denies the allegations and demands strict prqofthercof The SAO 1s without knowledge or information sufficient to form a belfof as to the truth of any factual allegations contamed in paragraph and therefore denies the aile ations and demancls CA/Aropm?ihl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factualallegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge of information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge of information sufficient to form a belief as to the truth of any factual allegations contained in paragraph arid therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies tire allegations and demands strict proof thereof 3I The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies tire allegations and demands strict proof thereof The Crime Victims Rights Act Litigation The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations arid demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands CA/Ar 260pft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM strict prnofthereof The SAO 1s without knowledge or information sufficient to fonn a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge ot infomiation sufficient to form abeliefas to the truth ofany factual allegations ccmtained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is Without kno i ledge ot informatiot1 sufficient to fotni a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allcgation and demands strict pr,opf thereof The SAO is without knowieclge or information sufficient to form a beliefas to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a beliefas tQ the truth of any factual allegations contained in paragraph JI and therefore denies the allegations and demands strict proof thereof The Crime Victims Rights Act Litigation The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contain_ed in par_agraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or infonnation sufficient to fotm a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands CA/Ar 260flti8 A.i4i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Second Epstein Sex Crimes Investigation Indictment Suicide Admitted The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations arid demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as tothe truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth CA/ArOpft 256WxWl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM strict prnofthereof The SAO 1s without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is Without knowledge or information sufficient to form a beliefas to the truth ofany faetuai allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or-information sufficient to fomi a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict pro9f thereof Second Epstein Sex Crimes Investigation Indictment Suicide Admitted The SAO is withoutknO vledge ot ififortnatioh sufficient to fomi a belief as to the truth of any fa_ctual aJlegations contained in_paragi ph and therefore denies tht allegatiqn.s arid demands strict proof thereof The SAO is without knowledge or informationsufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demmids strict proof thereof The SAO is without knowledge or information sufficient io onn ii belief as to the tmth_ of any factual allegations contained in paragraph and therefore denies the alle,gations and demancls strict proof thereof The SAO is without.kno Vledge or information sufficient to fonn a belief as to the truth of any factual llegations to_ntained in paragi:aph and therefore denies t_he allegations and demands strict proof thereof The SAO is without-knowledge or information sufficient to form a belief as to the truth CA/Aro iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Admitted The August SDNY Hearing Epstein 2s Victims Speak The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Admitted that United States Senior Judge Richard Berman ordered a hearing on August but the SAO is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies tile allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The AO is without knowledge or informat ion sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The AO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands CA/Aropj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM ofany fa.dual aUegatio_ns contairn;:d in paragraph and therefore denies the allegations and demands strict proof thereof Admitted The August SDNY Heating Epsteins Victims Speak The SAOis withol knowledge or inforniatioh sufficient to form a b-elief as to the truth of any fact allegations contained in paragraph and theref9re cienfos the allegations and demands strict proofthereof Admitted tliat United States Senior Judge Richard Berman ordered a heating on August but the SAO is without knowledge or information sufficientto form a belief as to the truth of any re1aining f.Ictual aJlegatio11s contaiped paragraph a.nd therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a beliefas to the truth of any factual allegations contai1ied in paragraph and therefore denies tlie allegations and demands strict pmofthereof The SAO is without knowkdge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict ptoof thereof TbG SAO is witho:ut knowledge or information suffic:ient to fo1m a belief as to the truth of a fly faciuaJ allegations contained in paragraph anci therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations paragraph and therefore denies the allegations and demands strict proof thereof l11e SAO is without knowlegge or infonnation sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands CA/Arop iJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM strict proof thereof The Palm Beach Post 2s Standing and the Public Interest The Palm Beach Post Has Reported Extensively On Epstein 2s Crimes For Nearly Years Admitted Admitted Admitted that the Post has extensively investigated and reported on the allegations against the law enforcement investigation of and the crimes committed Epstein but lacks sufficient knowledge to admit or deny any factual allegations remaining in paragraph and therefore denies the allegations and demands strict proof thereof The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The Palm Beach Post 2s Standing and the Public Interest Paragraph of the First Amended Complaint contains the Palm Beach Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO admits the press has a constitutional right of access to criminal proceedings but is without knowledge or information sufficient to form a.belief as to the truth of any remaining factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph sets forth the Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph sets forth the Post 2s statement of the case and legal arguments to which C/UAropl eg BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM strict proofthereof The Palm Beach Posts Standing and the Public Interest The Palm Beach Post Has Reported Ei1:ensivelv On Epsteins Crimes For Nearly Years Admitted Admitted that the_ Post has extensively 267investigated and reported on the aliegations against the law enforcement investigation of and the crimes committed by Epstein but lacks sufficient knowledge to adinit or deliy arty factual allegations 267remaining in paragraph and therefore denies the aUegafions and deman_ds strict prqof thereof The SAO is without knowledge or 1nformatlon sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The Palm Beach Posts Standing and the Public Interest Paragraph of the irsf Amepd cl Cqmplaint contains the PnJm Beach Pqsts statement of the case ancl le_gal arguments to which no response is required To tht extent that a response is required the SAO admits the press has a constitutional right of access to criminal proceedings but is without knowledge or information sufficient to fonn a.belief as to the truth of any remaining factual_ allegations con_taineq in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph sets forth the Posf-s statement of the case and legal arguments to which no response is reqllircd To the extent that a_ response is required the SAO is without knowle"dge or information 265fficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore c;lenies the allegations and demands strict proofthereof Paragraph58sets forth the Posts statement of the case and legal arguments to whteh CNAro fl:ffl5?iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM no response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph of the First Amended Complaint contains the Palm Beach Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO admits that Fla Stat allows a court to make the determination of disclosure but is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The Court 2s Jurisdiction and Authority The Court 2s Supervision of the Grand Jury Process and Its Authority to Order Public Disclosure of the Epstein Evidence Paragraph of the First Amended Complaint contains the Palm Beach Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO admits the press has a constitutional right of access to criminal proceedings but is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Admitted Admitted Paragraph sets forth tire Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth.of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph of the First Amended Complaint contains the Palm Beach Post 2s CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM no respp_nse isreqt1ired To the extent thaia response is required the SAOis vitho1.1t knowledge or infom1ation sufficient to fonn a belief as to the truth of any factual allegations contmned in paragraph and therefore denies the allegations and demands strict proof thereof Paragraph of the First Amendcd,Complaint contains the Palm BeacliPosts statement ofthe case and legal arguments to which no response is required To the extent that a response is required the SAO admits that Fla Stat aliows a cqurt tcr make the determination of disclosure butiswithout knowledge or infonnation sufficient to form a belief as to the truth ofany remaining factual allegations c.ontairied in paragraph and therefore denies the allegations and demands Sttictproof thereof The Courts Jurisdiction and Authoritv The Courts Supenision of the Grand Jurv Process and Its Authoritv to Order Public Disclosure.of the Epstein Evidence Paragraph.60 of the First Amended Complaint contains the Palm Beach Posts statement of the case and legal arguments to which IJ.O response is required To the extent that a response is required th_e SAO aqq1it.s the press llas a constitutional right 9f access to criminal proceedings but iS vithoutknowledge or information sufficient to fonn a belief as to the truth of any remaining factual allegations contained in paragraph and therefore denies the allegations and demands strict proohhercof dmitted Admitted Paragraph sets forth the Posts statement of the case and legal arguments to which no tespo11se is required To the extent.that a response is required the SAO is without knowlcdge or informationsufficient fo fo11TI a belief as to the tn,ih of any factual allegations contained in paragr ph and therefore.denies the allegations and demands strict proof thereof Paragraph of the First Amended Complaint contains the Palm Beach Posts CA/Arof?fi:ffl5 hl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM statement of the ease and legal arguments to which no response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The Courts Jurisdiction To Declare Rights And Construe Statutes Admitted Admitted Admitted COUNT I Declaratory Relief Florida Stat Sections etseq The SAO reincorporates and re-alleges its prior answers to paragraphs through above Admitted Paragraph contains the Post 2s statement of the case and legal arguments to which no response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof Admitted that The Palm Beach Post is seeking a declaration front this Court but denies the remainder of Paragraph Admitted Denied Paragraph contains the Post 2s legal arguments to which no response is required To the extent that a response is required the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM statement the case and leg::il argu.meni:s to which no response is required To the extent that a response ts required the SAO is without knowfodge or 1nfom1ation sufficientto form a be fief as to the truth of any remaining factual allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof The 267Courts Jurisdiction To Declare Rights And Construe Statutes Admitted Admitted Admitted COUNTI Declaratory Relief Florida Stat Sections et seq The SAO reincorporates 267and re-alleges its prior answers to paragraphs through above Admitted Paragraph tontain_s the Posts statement of the case and legal arguments to which no response is qliirt!cl To the extent that a po i xequired tile SAO is without lmowJedge or information sufficient to fonn a belief as to the truth of any factual allegations contained in paragraph and therefore denies the allegations and.demands strict proof thereof Admitted that The PabnBeach Post is seeking a declaration from this Court but denies the rerpainder of Paragraph Admitted Denied Paragraph contains the Posts legal arglimentsto which no response is required To the ex cnt that a respon_se is required the S_AO without knowledge or information sufficient to form a belief as to the truth of any factuai allegations contained in paragraph and therefore denies the allegations and demands strict proof thereof CA/Aro?fi:m5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM MOTION TO DISMISS COUNT II Florida Stat Section Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida pursuant to the Florida Rules of Civil Procedure hereby files this Motion to Dismiss Count II of Plaintiffs First Amended Complaint for failure to state a cause of action and in support thereof states I Standard of Review When confronted with a motion to dismiss the Court must determine whether the Complaint as phrased within its four corners sufficiently states a cause of action whereby relief can be granted Fox Professional Wrecker Operations So 2d Fla 5th DCA A motion lb dismiss tests whether the plaintiff has stated a cause of action The test for a motion to dismiss under Florida Rule of Civil Procedure is whether the pleader could prove any set of facts as alleged in the Complaint to support his or her claim See Connolly Sebeco Inc So 2d Fla Wasua Ins Co Havnes So 2d Fla 4th DCA In order to meet this test complaint must allege sufficient ultimate facts to show that a pleader is entitled to relief W.R Townsend Contr Inc Jensen Civ Constr Inc So 2d Fla 1st DCA quoting Perry Cosgrove So 2d Fla 2d DCA Fla Civ The court need not accept internally inconsistent factual claims conclusory allegations unwarranted deductions or mere legal conclusions made by a party Id citing Response Oncology Inc Metrahealth Insurance Co Supp S.D Fla Oxford Asset Mgmt Jaharis F.3d Uth Cir a motion to dismiss the plaintiff factual allegations are accepted as true However legal conclusions masquerading as facts will not prevent dismissal To avoid dismissal a pleading 223must allege a cause of action recognized under law against the defending party Kislak Kreedian So 2d Fla II Argument a Neither Defendant Aronberg nor the Office of the State Attorney for the Fifteenth Judicial Circuit is in possession and/or control of documents that CA/Aropl OI BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM MOTION TO DISMISS COUNT II Flonda Stat Section Defendant:,DA VE ARONBERG as,State Attorney of Palm Beach County,Florida pursuant to the Florida Rules of Civil Procedure hereby files this Motion to Disiniss Couiit II of Plaintiffs first Amended Complaint for failure to state a cause of action and in support thereof states I Standard of Review When confronted with a motion to dismiss the Court must determine whether the Complaint phrased vi thin its four corners sufficiently states a cause of action whereby relief can be granted fox Professional Wrecker Operations so 2d Fla 5th DCA A fnotion to dismiss tests whether the plaintiff has stated.a callse of action The test for a motion to dismiss under Flonda Rufe of Civil Procedure is whether the pleader could prove any set off acts as aileged in the Complaint to support his or her claim See Connolly Sebeco Inc So 2d Fla Wasmi Ins Co Havfles So 2d Fla 4th DCA In order to meet this test a complaint tnust allege sufficient ultimate facts to show Uiat a pleader is 11titled to relief W.R Townsend Contr lhc Jensen Civ Cons tr Inc So 2d Fla 1st DCA quoting Peny Cosgrove So 2d Fla 2d DCA Fla Civ I The court need not accept internally inconsistent factual claims conclusory allegations unwarranted deductions or mete legal conclusions made by a party Id citing Response Oncology Inc Metrahealth Insurance Co Supp I S.D Flf Oxford Asset Mgmt Jaharis F.3d 11th Cir On a motion to dismiss the plaintiffs factual allegations are accepted as true However legal conclusions masquerading as facts vill not prevent dismissal To avoid distnissal a pleading tnu allege a cause of action recognized under law against the defending lrly Kislak Kreedian So.2d Fla ll Argument a Neither Defendant Aron berg nor the Office of the State Attorney for the Fifteenth Judicial Circuit is in possession and/or control of documents that CA/Aro fl:ffi5?ih BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM are the subject of this action It is significant to emphasize that despite Plaintiffs allegations to the contrary Defendant Aronberg and the Office of the State Attorney for the Fifteenth Judicial Circuit are not in custody or control of the records sought herein and therefore Defendant Aronberg is not a proper party to this action In fact Defendant Sharon Bock as Clerk and Comptroller of Palm Beach County Florida admits that it is the custodian in possession of the documents that are the subject of this action bi Plaintiff Fails to State a Cause of Action Plaintiff attempts to assert a cause of action in the interest of 223furthering justice under Florida Statute however a review of the statute in question reveals that ho cause of action is provided for therein and consequently Count II of Plaintiff 2s First Amended Complaint must be dismissed as a matter of law Despite Plaintiffs extensive recitation of the factual background regarding Jeffery Epstein and the testimony and evidence presented to the grand jury in Palm Beach County Florida Fla Stat merely explains the exceptions to the disclosure of grand jury testimony and does not set forth in any way a cause of action upon which to initiate a valid law suit Moreover a review of the statute at issue clearly indicates that even if Fla Stat provided a basis for a cause of action Plaintiff is barred from access to the records it seeks To wit in pertinent part Fla Stat 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 fey the court can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever Here despite the clear statutory guidelines for disclosure of grand jury materials in a civil case Plaintiff is improperly seeking the requested grand juiy materials for the purposes of public disclosure pursuant to the court 2s inherent authority and supervisory powers over the grand jury See Complaint Again even if Plaintiff properly asserted a cause of action under Fla Stat the statute unambiguously states that grand jury testimony 223can only be used in the defense or CA/ArOpf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM are the subject ofthis action It is significant to emphasize that despite Pia1ntifr aflcgations to the contrary Defon lant Aronberg and the Office of the State Attorney for the Fifteenth Judicial Circuit are not in custody or control of the records sought herein and therefore Defendant Aronberg is no_t a proper party to this action In fact Defeildant Sharon Bock as Clerk and Comptroller of Palni Beach Ctnmty Florida admits that it is the custodian in possession of the documents that are the subject oflhis action Plaintiff Fails to State a Cause of Action Plaintiff attempts to assert a cause ofactiori in the interest of furtheriligjustice under Florida Statute ever a review of the Statute in questionrevcals thatrio cause of action is provided for therein a consequently Count II of Plaintifri First Ameqci ComplaiQJ must be dismis ed as a matter of law Despite Plaintiffs extensive recitation of the factual background regarding Jeffery Epstein and the testimony and evidence presented to the grand jury in Palm Beach County Florida Fla Stat merely explains the exceptions to the disclosure of grand jury testimony and does not set forth in any way a cattse of action upon which to initiate a valid law suit Moreover a review of the statute at issue cleariy indicates that even if Fia Stat provided a basis for a cause of action Plaintiff is barred from access to therecords it seeks To wit in pertinent part Fla Stat states When Sllch discJosure is ordered by a co_url pursuant to_ Sllbsection for use in a civil case it may be disclosed to all partie.s to the case md to their attorn.eys l;!Pd by the latter to their legal associates and employees However the grand iwy testimonv affor9ed such persons by the court can oniv be used in tiie defense or prosecution of the civil or criminal case and for no other rpose whatsoever Here despite the clear statutory 267guidelines for disclosure of grand jury materials in a civil case Plaintiff is improperly seeking the requested grand jury materials for the purposes of public disclosure pursuant to the courts inherent authority and sup rvisory,powers ovcrthe grand jury Se.e Compiaint ni Again even if Plaintiff properly as rt9c;I a capse ofaction under Fia Stat the statute unambiguously states that grand jury testimony can only be used in the defense or CA/Aro fl:ffl5?ih BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM prosecution of the civil or criminal case and for no other purpose whatsoever which is distinctly different from Plaintiff 2s intended purpose for public disclosure of the grand jury evidence Fla Stat WHEREFORE based on the foregoing argument and supporting authority Defendant DA VE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests that this Honorable Court grant the instant Motion and dismiss Count II of Plaintiff 2s First Amended Complaint with prejudice and grant Defendant Aronberg all other and further relief deemed just and proper including attorney 2s fees and costs for defending this frivolous action CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24th day of January 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 s/Douglas A Wyler Arthur 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 General Counsel for the Florida Prosecuting Attorney 2s Association CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM prosecution of the civil or criminal c;ase a11d for no other purpqse whatsoever whi.ch is distinctly different from Plaintiffs intended purpose for pubiic disclosure of the grand jury evidence Fla Stat WHEREFORE based on tlic foregoing argument and supporting authority Defendant DA VE ARONBERG as State Attofney of Palm Beach County Florida respectfully request that this Honorable Court granttheinstant Motion and dismiss Count II qf Plaintiffs FirsfAmended Complaint with prejudice and grant Defendant Aronberg all other and further relief deemed just and proper iticluding attorneys fees and costs for defending this fri ioloiis action CERTIFICATE OF SERVICE I HERE;E3Y CERTIFY thaton this 4Jh qay ofanuary copy of the foregoing has been electronically fiied with the Florida E-File Portal fore-service qn all parties of record herein lJ JACOBS SCHOLZ WYLER LLC Isl Douglas A Wyler Arthur Jacobs Esq Fla J3ar N9 I Rkbard Scholz Esq Fla Bar No Douglas A Wyler Esq Fla Bad-.Jo Gateway Blvd Suite Fernandina Beach Florida Fax Prj1Tiary jacobsschc:ilzla:w comcast.net General Counsel for ihe Florida Prosecuting Attorney sAssociation CA/Arop!fi5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-6 CA/Aro BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-6 CA/Aropfi:m5 A.i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM COPY In the Matter Of CA FLORIDA HOLDINGS vs DAVE ARONBERG HEARING June ESQUIRE _DEPOSITION SOLUTIONS EsquireSolutions com BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM COPY In the Matter Of CA FLORIDA HOLDINGS vs DA VE ARONBERG HEARING June EsquireSolutions com CA/AropifEt A BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CA/Aropfg BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CA/Aro?fi:m5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG IN THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO CIRCUIT CIVIL DIVISION AG CA FLORIDA HOLDINGS LLC PUBLISHER OF THE PALM BEACH POST Pl a inti f/Pe i i one DAVE ARONBERG SHARON BOCK Defendant/Respondents HEARING BEFORE THE HONORABLE KRISTA MARX ZOOM CONFERENCE Wednesday June a.m a.m REMOTE ZOOM CONFERENCE Port Saint Lucie Florida Stenographically Reported By SONJA REED Court Reporter ESQUIRE CA/Aropj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING GA FLORIDA HOLDINGS vs DAVE ARONBERG IN THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO CIRCUIT CIVIL Divr 267sroN AG CA FLORIDA HOLDINGS LLC J?UBLISHER OF THE PALM BEACH POST P1.a;i.i:i,tiff/E ioner vs DAVE ARONBERG SHARON BOCK Defendant/Respondents HEARING BEFORE THE HONORABLE KRISTA MARX ZOOM CONFERENCE Weq.nesday Jur:i.e a,m a.m REMOTE ZOOM CONFEREl JCE Port Saint Lucie Florida Stenographically Reported By SONJA REED Court Reporter June EsquireSolutions.com CA/Ar hl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June APPEARANCES On behalf of the Plaintiff/Petitioner GREENBERG TRAURIG P.A Century Park East Suite Los Angeles California boyajian gtlaw.com BY NINA BOYAJIAN ESQUIRE On behalf of the Defendant/Respondent JACOB SCHOLZ WYLER LLC Gateway Boulevard Suite Fernandina Beach Florida doug wy er comcast net BY DOUGLAS A WYLER ESQUIRE On behalf of the Defendant/Respondent CLERK COMPTROLLER PALM BEACH COUNTY P.O Box West Palm Beach Florida nfingerhut mypalmbeachclerk.com BY NICOLE FINGERHUT ESQUIRE ESQUIRE EsquireSolutions com i4 HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG APPEARANCES on behalf of the Plaintiff/Petitioner GREENBERG TRAURIG P.A Century Park East Suite Los Angeles California boyajian gtlaw.com BY NINA BOYAJIAN ESQUIR,:E on behal.:f oJ the Defendant/Respondent JACOB SCHOLZ WYLER LLC Gateway Boulevard Suite Fernancl.-ipa Beach Florida doug.wyler comcas BY DOUGLAS A WYLER ESQUIRE On behalf of the Defendant/Respondent CLERK COMPTROLLER PALM BEACH COUNTY Bo::x West lm Beach Florida nfinge:thut mypcrlmbeachclerk.com BY NICOLE FINGERHUT ESQ1JIRE June Esquire ofutions corn rICED PATM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June PROCEEDINGS THE COURT We are here today for a very limited purpose Im sure the attorneys are aware of that but I just dont want there to be any confusion We are here On Defendant Dave Aronberg and Defendant Sharon Bock for the Comptroller and the State Attorneys motion to dismiss Count II Youre all acutely aware as the lawyers that this is a question of law SO were riot going to be diving into facts and the Court will not be deciding the merits of this motion this morning We are simply here for the sole purpose of that motion to dismiss So I just wanted to make sure that we all stay on track and were all on that same page So Ms Boyagian Ill send it to you first Maam I of course we all know that the Law I must look at the four corners of the motion which alleges that the State Attorney David Aronberg and the Clerk and comptroller Sharon Bock actually have custody and control of these grand jury proceeding Whether that is true or not is not for this court to determine because Im looking simply at the four corners Of the complaint But not for nothing I think we all know that they dont have control and ESQUIRE DEPOSITION SOLUTIONS EsquireSolutions com CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vsDAVEARONBERG PROCEEDINGS June THE COURT We are here today for a very limited purpose Im sure the attorneys are aware of thatj but I just dont want there to be any confusion We are here on Defendant bave Aronberg and De.fendant Sha:r:-ort Bock for the Comptroller and the State Attorney motion to dismiss Count II Youre all acutely aware as the lawyers that this is question o.f law So we pot going to be diving into facts and the Court will not be deciding the merits of this motion this morning We are simply here for the sole purpose of that motion to dismiss So I just wanted to ma sure that we all stay on track and welre all on that same page So Ms Boya9ian Ill send it to you f.irst Maam I of course we all know that the Law I must look at the four corners of the motion which alleges that the State Attorney David Aronberg and the clerk c:1nd comptroller Sharon Bock actually have custody and control of these grand jury 267proceeding Whether that is true or not is not for this court to determine because Im lookin9 simply a:t the fol,lr corners of the complaint But not for nothing I think we all know that they dont have control and EsquireSolutions com CA/Aro fl A.i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG custody of the records But Im going to assume that its correct because thats what has been alleged So what I first want to hear from is the attorney for Florida Holdings with regard to assuming arguendo that Florida Statute does create a cause of action what relief is it that youre seeking from in Count II specifically Not the dec action Were not here on that today what is it you hope to get a judgment MS BOYAGIAN Thank you your Honor Good morning and thank you for the privilege of appearing before this court The relief we are seeking is disclosure of the grand jury records pursuant to the Furtherance of Justice Exception to And under the First Amendment The press as your Honor is aware has a right of access under the First Amendment as a surrogate of the public THE COURT Let me just stop you for a minute Id like you to answer my specific question So I am not particularly convinced and Id like for you to address that So were not going to dive into facts or the pres standing because thats not something were here to discuss today CA/Arop I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGSvs DAVEARONBERG June custody of the records But Im going to assume that its correct because th ts what has been alleged So what I first want to hear fiom is the attorney for Florida Holdings with regard to assuming arguendor that Florida Statute does create a cause of action what relief is it that youre eking from in Count II specifically Not the dee action Were not here on that today what is it you hope to get a judgment Ms BOYAGIAN Thank you your Honor Good morning and thank you for the privilege of appearing before this court The relief we are seeking i.s disclosure of the granq jury records pursuant to the Furtherance of Justice Exception to And under the First Amendment The pressj as your Honor is aware has a right of access unde::r the First Amendment as a surrogate of the public THE COURT Let me just stop yolJ for a minu_te Id like you to answer my specific question So I am not particularly convinced and Id like for you to address that So were not going to dive into facts or the pres standing because that not sowething were here to discuss today EsquireSolutions.com CNAropft,9fflj iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM ESQUIRE DEPOSITION SOLUTIONS HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG And I have read the voluminous paperwork Ive received paperwork as and five-minute ago from some of the other parties But I deeply appreciate the fact that you sent this to me so much in advance and I have been able to spend some time with as I said the voluminous paperwork that was provided But as you know Maam we are here for such an extremely limited issue today and that their motion to dismiss where they state youre suing the wrong people that the court has these records And so more importantly I want you to address whether Section gives you a private cause of action against the state attorney and the clerk Again Im going to assume the facts are true that are asserted in the motion Whether they are or not because I think we can all agree were not for sure if they ever that the state attorney doesnt have these records So what is it youre seeking in Count II hot the dec action I know you want the records Ive got that But in Count II specifically what do you whats the relief youre seeking and more importantly how under this statute do you get to assert a private action a private cause of action against the state attorney and the CA/Ar 260Ptoj 1O BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 2d HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June And I have read the voluminous paperwork Ive received paperwork as and five minute ago from some of the other parties BU:t I deeply appreciate the fact that you sent this to me so much in advance and I have been able to spend some time with af3 I said the voluminous paperwork that was provided But as you know Maam we are here for such an extremely limited issue today and that their motion to disrois v.1llere they sta.t you I re s1,1ing the wrong people that the court has these rec.ords And s:o more i..mportantly I want you to address whether Section gives you a private cause of action against the state attorney a_nd the clerk Again Im going to assume the facts are true that are asserted in the motion Whether they are or not because I think we cah all agree were not for sure if they ever that the state attorney doesnt have these records So what is it youre seeking in Count TI not t:.he dee action I know you want the records Ive got that But in Count IT specifically what do you whats the relief youre seeking and more importantly how under this statute cto you get to assert a private action a privat cause of action against the state attorney and the EsquireSolutions.com CNAro?fi:m5?iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING GA FLORIDA HOLDINGS vs DAVE ARONBERG June clerk MS BOYAGIAN Your Honor we are aware of course that there is no expressed private right of action But that does not end the inquiry As the Florida Supreme Court stated Where a statute like forbids an act which is to Plaintiffs injury the party injured should have an action And thats the Smith Piezo case in the volume of materials that we sent you Theres no question here that the denial of the FIRST AMENDMENT right to the press is an injury which gives rise to a right of action Stated another way looking at the analysis that the Fischer Metcalf Court looked at there are three factors in determining whether there is a private right of action where a statute does not expressly provide for one One is whether the Plaintiff is part of the class for which the statute is intended to protect second is a legislative history and the third is the underlying purposes of the statutory scheme The first factor I already addressed that the press is part of the class that the statute is ESQUIRE EsquireSolutions com PALM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE AAONBERG clerk June MS BOYAGIAN Your Honor we are aware of course that ther is no expressed private right of action But that does not end the inquiry As the Florida Supreme Court stated Wh,ere a statute like forbids an act which is to Plaintiffs injury the party injured should have an a,ction i And thats the Smith Piezd case in the volume of materials that we sent you Thereis no question here that the denial of the FIRST AMENDMENT right to the press is an injury which gives rise to a right of act.ion Stated another way looking at th.e analysis that the Fisc;her Metcalf Court looked at there are three factors in deterrnirting whether there is a private right of action here a statute 4oes not expre sly provide for one One is whet ier the Plaintif is part of the class for whic.h the st.atute is intenqe;cl to protect second is a legislative history and the third is the underlying pu:i;-poses of the statutory scheme The first factor I already ddressed that the press is part of the class that the statute is EsquireSolutions.com CA/Aronbem-001360 rll:ID PALM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM intended to benefit being the surrogate of the public and exercising its first amendment right The second issue of legislative history arid the purpose statutory purpose are somewhat related We were unable to find much legislative history on this issue of a private right of action under the statute There is nothing that says we intend to create a private action but theres certainly nothing that says we do not want to create a private right of action What we do have is that in the same time that was reenacted a statute that pertains to the secrecy of State Grand Jury statewide grand juries was also enacted That provision which is has no exceptions for for revealing these records By contrast the legislature intentionally enacted with the Furtherance of Justice Exception If the public through the press cant bring a private right of action to enforce that exception or to seek relief under that exception that intentionally placed exception of furthering justice is essentially rendered hollow Speaking simultaneously HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG ESQUIRE PEPOSmON SOLUTIONS EsquireSolutions com CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS DAVE AROf JBERG June intended to benefit being the surrogate of the public and exercising its first amendment right The second issue of legislative history and the purpose statutory purpose are sbmewhat related We were unable to find much leg.islati ve history on this is tle of a private right of action under the statute There is nothing that says we intend to create a private action but theres certainly nothing that says we io not want to create a private right o:f action What we do have is that in the same time that was ree;nacted a statute that pertains to the secrecy of State Grand Jury statewide grand juries was als.o enacted That provision which has no exceptions for for revealing these records By contrast the legislature intentionally enacted with the Furtherance of Justice Exception If the 265blic through tlle press cant bring a private right of action to enforce that exception or to seek relief under that exception that irtterttibnally placed exception of furthering justice is essentially render::ed hollow Speaking simultaneously EsquireSolutions.com CA/Aropifm5?i i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June THE COURT Okay Pause for a minute I dont think anybody is saying that there isnt a cause of action or that the press doesnt have standing Thats not what Im asking you Im asking you how are the clerk and the state attorney the proper defendants So you know nowhere have I said there isnt a cause of action Clearly there is Im puzzled by the procedural posturing of this case naming the state attorney And you know Im further stymied by the fact that you allege in your complaint that they have particularly David Aronberg the State Attorney that he has these records But Im going to assume thats true So Im not telling you you dont have a cause of action Im just saying okay lets run this all the way out Lets say you win and you get a judgment against the State Attorney Dave Aronberg Whats he supposed to do with it He cant release the grand jury testimony He has no authority whatsoever to do that MS BOYAGIAN Well your Honor as you stated this is a motion to dismiss stage and we are entitled to discovery on the issue of possession ESQUIRE DEPOSITION SOLUTlOHS EsquireSolutions com CWAcPM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM io HEARING CA FLORIDA HOLDINGS vs DAVE ARONBEl June THE Okay Pause for a minute I dont think anybody is sa.ying that there isnt a cause of action or that the press doe ntt have i:;tanding Thats not what Im asking you Im asking you how are the clerk and the state attorney the proper defendants So ybu know nowhere have I said there isnt a cause of action Clearly there is Im puzzled by the procedural posturing of this case naming the state attorney And you know Im further stymied by the fact that you allege in your complaint that they have particularly David Aronberg the Stc3.te Attorney that he has these records But Im going to assume thats true So Im not telling you you dont have Cquse of action Im just sayingi okay lets run this all the way out Lets say you win and you get a judgment against the State Attorney Dave Arohberg Whats he supposed to do with it He c2;n release the grand jury testimony He has no authority whatsoever to do that MS BOYAGIAN Well your J-Ionor as you stated this is a motion to dismiss stage and we are entitled to discovery on the issue of possession ESquireSolutions.com CNAronbeLa:-001362 tILhD PALM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG custody and control My understanding is that the state attorney has asserted that he does not have possession Its not my understanding that the clerk has taken that position So the clerk may indeed be the someone who does have possession custody and control In any event we would submit that the state attorney even it does not have actual possession at this time it might be able to have the power to control or direct the entity dr persons who do have control and possession to release those to effect the judgment THE COURT So let me ask you this So the clerk is the keeper of the record But even if you got a judgment against her lets say you asserted this cause of action and lets say you win and you get a judgment against the clerk The clerk cannot release grand jury testimony to you Only the court can So really all Im saying to you is I do not understand the way this case was filed or why these are the defendants because its impossible for them to perform I mean Im going to assume based on your motion again that they do have the records But we ESQUIRE DEPOSITION SOLUTIONS EsquireSolutions com WW BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM io HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June custody and control My understanding is that the state attorney has asserted that he do.es not have possession Its not my understanding that the clerk has taken that position So the clerk may indeed be the someone who does have possession custody and control In any event we wol!-ld supmit that the stat attorney even it does not have actual possession at this time it might be able to have the power to control or direct th entity or 267persons who do have control and possession to release those to effect the judgment THE COURT So let me ask you this So the Clerk is the keeper of the ecor4 But even if you got a judgment against her let say you asserted this cause of action and let ts say you win and you get a judgment against the cl.erk The clerk cannot release grand jury testimony to you Only t:he court can So really all Im saying to you is I do not understand the way t:his case was filed or why these are the defendants because its impossible for them to perform I mean Im going to assume based on your motion again that they do have the records But we EsquireSolutions com CA/AroFfi:m5 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG all know everyone in the room knows they do not that only the court theyre theyre with a court interpreting And only the court can release the records So if you get a judgment against either the state attorney or the clerk they cannot I mean I guess what youre saying to me is well we want to do discovery and we want them to say unequivocally I have these records or I dont have them And I mean the law is abundantly clear You cannot do it without a court determining whether in the furtherance of justice the release is appropriate MS BOYAGIAN And that is a determination were asking your Honor to make and were asking for an order from your court THE COURT When we get to the merits of the case sure it is But again youre asking me to make that determination and for me to make a determination of whether the grand jury records should be released And the only thing were here today about is why should the clerk and the state attorney have to defend a civil action when its a possibility of performance They even if you were to win and get a judgment against them they cannot EsquireSolutions com ESQUIRE CA/ArOPte PA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS Vs DAVE ARONBERG June OS all know everyone in the room knows tl:i_ey do not that only the cburt theyre theyre with a court interpreting nq_ only the court can release the records So if you get a judgment against_ either the state attorney or the clerk,_ they cannot I mean I guess 267what youre saying to me is well we want to do di covery and we want them to say unequivocally I have these records or I dont have them And I mean t_he law is abundantly clear You cannot do it without a court determining whether in the furtherartce of justice the release is appropriate MS BOYAGIAN And that is a determinat:ion we:te asking your Honor to make and were asking for an order from your court THE COURT When we get to the merits of the case sure it is But again youre asking me to make that determination and for me to make a determinat_ion of whether the grand jury records should be released And the only thing were her today about is why should the clerk and the state attorney have to defend a civil action when its a possibility of performance They evert if yo were to win and get a judgment against them they cannot EsquireSolutions.com CA/Ar il iA.i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June give you what they dont have So I mean its as simply as this Are you you just want to engage in some discovery for them to absolutely assert particularly the state attorney I dont have these records look to the rules that say the moment the grand jurys over theyre sealed and theyre turned over and they cannot be released without court order So Im not addressing the merits or whether you have an exception or youre able to argue that theres an exception in the furtherance of justice Were not getting there today Im simply saying why should these two entities have to defend this lawsuit when even down the road if they win they cant give you what they dont have MS BOYAGIAN As your Honor stated Im not sure thats the case with the clerk That was not in their that issue was not stated in their papers THE COURT Let me ask you this then Do you think if you got a judgment and I or the court doesnt make the determination that the grand jury records should be released that the clerk would be able to perform Would they be able to say here you go I mean could the clerk just make that unilateral ESQUIRE EsquireSolutions com BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVEARONBERG give you what they dont have June So I meart its as simply as this Are you you just want to engage in some discovery for them to absolutely assert particularly the state attorney iiJ dont.have these records look to the rules that say the moment the grand jurys over theyre sealed and theyre turned over and they cannot be released without court order So Im not adq,re sing tlle merits or whether you h,ave an except.ion or you I re able to argue that theres an exception in the furtherance of justice We re not getting there today Im simply say_ing why should these two entities have to defend this lawsuit whem even down the road if they win they cant give you what they dont have MS BOYA.GIAN As your Honor stated Im not sure thats the case with the clerk That was not in their that issue was not stated in their papers THE COURT Let me ask you t:his then Db you think if you got a judgment and I or the court doesnt make the determination that the grand jury records should be releaaed that the clerk ould be able to perform would they be able to say here you go I mean could the clerk just make that unilateral EsquireSolutions com CA/ArOfii Ji.t wi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June decision I 2m going to release the records sealed confidential records Does she have any authority to do that MS BOYAGIAN My understanding your Honor is that requires a court order before the records are unsealed THE COURT Exactly Exactly All right Let me hear from Mr Aroribergs attorney Mr Wy1er MR WYLER Thank you your Honor May it please the Court THE COURT Good morning Sir MR WYLER Good morning Your Honor I just wanted to let you know that I spoke with counsel for the clerk Ms Fingerhut a couple of days before this hearing and we decided that I would just make the presentation for both of of us being that our arguments overlap except for the fact of who this claim whether they have the records or not which of course weve said we dont have custody of the records But nonetheless our arguments overlap The Plaintiff is attempting to assert a cause of action under Section That statute settled testimony not to be disclosed exceptions SO itS just ESQUIRE OSPOSITION SOLUTIONS EsquireSolutions com CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGSvs DAVE ARONBERG J.une decision Im going to release the records sealed confidential records Does he have any authority to do t:hat MS BOYAGIAN My understanding your Honor is that requires a court order be 243ore the records are unsealed THE COURT Exactly Exactly All right Let me hear from Mr Aroribergs attorney Mr Wyler MR WYLER Thank you your Honor May it please the Court THE COURT Good morning Sir MR WYLER Good morning Your Honoi I just wanted to let you know that I spoke w:i.th counsel for the clerk Ms Fingerhut a c:01.rple of days before this hearing nd we decided that I wotild just make the presentation for both of of us being that oux arguments overlap except for the fact of who this claim whether they have the records or not which of course weve sc1.iq we donit have custody of the records But nonetheless our arguments overlap The Plaintiff is attempting to assert a cause of action under Section That statute settled testimony not to be disclosed exceptions Sb its just EsquireSolutions com rfLh1J PAlv1 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June GA FLORIDA HOLDINGS vs DAVE ARONBERG explaining exceptions to the disclosure of the grand jury testimony Our position is that it doesnt set forth a cause of action and that it1s impossible for us to perform what theyre asking I know you said you didnt really want to get into the Furthering Justice Exception but I know thats what theyreusing as their basis to get to these But its our position that the clear unambiguous statutory language it shows that this disclosure only applies to a civil or criminal case and that within that civil or criminal Speaking simultaneously THE COURT Again sir Im sorry As I told Plaintiffs counsel MR WYLER can only be used in the defense for THE COURT Okay Were not there Were not discussing the merits of the case and Im not ready to cross that bridge Im here for a very very limited hearing today So just as I stopped Plaintiffs counsel from arguing the merits of the case and whether or not the Furtherance of Justice Exception will apply in this instance were not even there yet EsquireSolutions com ESQUIRE CA/Ar 260Pte5j Wl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM lQ HEARING CA FLORIDA HOLDINGS vs DAVEARONBERG June explaining exceptions to the disclosure of the grand jury testimony our pbsition is that it doesnt set forth a cause of action and that its impossible for us to perform what they re as.king I know you said you didnt really want to get into the Furthe:ting 267Justice Exception but I know thats what t.heyre 267using as their basis to get to these But its our position that the clear unambiguous statutory lansu:age it shows that t::his diRclosure o_nly c3.pp1ies to a civil or criminal case and that within that civil or criminal Speaking simultaneously THE COURT Again sir Im sorr;y As I told Plaintiffs counsel MR WYLER can only be used in the defense for TtIE OURT Qkay Were 11ot th.e:r;e Were not discus ing the merits of the case an.ct Im not ready to cross that bridge Im here for a very very limited he;;iring todciy So just a stopped Plaintiffs counsel from arguing the merits of the case and whether or not the Fiirtherance bf Jiisiice Except.Ion iII apply ih this instance we re not even there yet _/QJ ESQ UIRE 267otPOin _N.sou.i-:10Ns EsquireSolutions com CA/Aro PLEffo?i1 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG Im only here for the purpose of determining whether or not the clerk and state attorney should be dismissed And I am bound by the four corners of the document which assert that you do have control and custody over it So if youll fashion your argument with regard to that limited purpose I would appreciate it MR WYLER No problem your Honor I apologize Within the four corners of their complaint our position is that they failed to state a cause of action under It does not provide for it doesnt list that theres no element that they have adequately pled to assert a cause of action under that Theres and the only thing theyre asking for is records that we dont have Theres really not much more to it your Honor And we would ask that you would grant our motion to dismiss for failure to state a cause of action THE COURT Okay Ms Fingerhut are you still on the phone MS FINGERHUT Yes your Honor THE COURT Is there anything you wish to add MS FINGERHUT We agree with the state ESQUIRE DEPOSITION SOLUTIONS EsquireSolutions com CA/AroPft Pp1 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM i7 HEARING CA FLORIDA HOLDiNGS vs DAVE AAONBERG June I I only here_ for the purpose of determ.i.ning whether or r1ot the clerk and state attorney should be dismissed And I a1n b.our10 py the four corners of the ciocument which assert that you do have control and custody over it So if you fashion your ar_gument with regard to that limited purpose I would appr ciate it MR WYLER No problem your Honor I apologize Within the four corners of their complaint our pbsition is that they failed to state a cause of action under It does not provide for it doesnt list that theres no element that they have adequately pled to assert a cau,se of action under tnat Theres and the only thing theyre asking for is_ records t_h we dont have Theres really not much more to it your Honor And we would ask that you would grant our motion to dismiss for failure to state a cause of action THE COURT Ol a,y Ms Fingerhut are you st1ll on the phone MS FINGERHUT Yes your Honor THE COURT Is there anything you wish to add MS FINGERHUT We ag:r::e with the state EsquireSolutions com CA/Aropa Al BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG attorneys position and we also agree with what the Court has Said that the plain language of the statute a cause of action doesnt exist And we really cannot well be defending something without the four corners Were simply involved in this action because the clerk is the custodian of the records THE COURT Okay Thank you Maam Ms Boyagian back to you MS BOYAGIAN Your Honor Id like to note that in the Butterworth case in which the Supreme Court limited the application by saying that a witness can reveal her own testimony and prohibiting that they violate the First Amendment THE COURT Say that again please MS BOYAGIAN In the Supreme Court case the Butterworth case in which the Supreme Court ruled that cant restrict a Grand Jury witness from revealing her own testimony that would be a violation of First Amendment in that case the state attorney was in fact a party THE COURT Well I assume the state attorney that was present I mean I dont find that thats close to what were talking about here and thats whether or not I mean as we know this was in EsquireSolutions com DEPOSITiON SOLUTIONS CA/Aropfi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBER.G June attorneys position and we also agree with what the Court has said that the plain language of the statute a cause of action doe.sn exist And we really cannot well be defending something without the four corners Were simply involved in this action bE ca"l,ise the clerk is the custodian of the records THE COURT Okay Thank you Maam Ms Boyagiart back to you M.S BOYAGJJW Your Hon_o I ike to note that in the Butterworth case in whi_ch the Supreme Court limited the application by saying that a witnes can reveal her own testimony and prohibiting that they violate the First Amendment THE COURT Say that again please MS BOYAGIAN ln the Supreme Court Cg.Se the Butterworth case in which the Supreme Court ruled that cant restrict a Grand Jury witness from revealing her own testimony that would be a violation of First Atnepc;:lment in that case t:lle state attorney was in fact a party THE COURT Well I assume the state attorney that was present I mean I dont find that thats close to what were talking about here and thats whether or not I mean as we know this was in EsqUireSolutions com CA/AropfL9ffi5 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG Certainly Dave Aronberg wasnt even the state attorney then But this is about the release of records I want to give you ample opportunity and again I sincerely appreciate that all of the case law and the way that it was presented to the Court in such a timely fashion I really do And I did spend some time with it But I want to give you whatever opportunity you want to take to convince me that it is in as to Count again Not the dec action whether these would be the appropriate defendants And you know really I want you to boil it down for me as to this lets take it all the way down the road You win You get a judgment against the clerk and the state attorney I know theres other reasons why you might have filed it this way But Im just simply puzzled because I do hear what the clerk and the state attorney are saying and that is performance is impossible They dont have the records and cannot absolutely Theres not even an inch of wiggle room that they could release the records even if you got a judgment It is solely a determination for the I frankly think you know theres ways to EsquireSolutions com ESQUIRE DIPCSIHON SOLUTIONS CA/Arop BEACH C0UNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG Julie Certainly Dave Aronberg wasnt even the state attorney then this is about the release of records I want to give you ample opportunity and again I sincereiy appreciate that all of the case law and the way that it wa presented to the Court in such a timely fashion I really cio And I did spend some time with it But I want to give you whatever opportunity you want to take to Convince me that it is in as to Count again Not the dee action whether these would be the appropriate defendants And yot1 ri6 really I want you to boil it down for me as to this lets take it all the way down the road You win You get a judgment against the clerk and the state attorney I know tht::res ot 1er reasons why you might have filed it this way But Im just simply puzzled beca.use I do hear what the clerk and the state attorney are saying and that is performance is impossible They dont have the rec9rds and cannot absolutely The.res n.ot even an inch of wiggle room that they could rele.ase the records even if yo-u got a judgment It is solely a determination for court I frankly think you know theres ways to Esqi.JiteSolutions com CA tII:I::U PA1Jv1 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM a HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June get to your records Theres ways to get confidential records But it isnt by suing the state attorney and the clerk So I just want to hear your last final argument on how Count II the appropriate defendants are the clerk and the state attorney Even assuming arguendo they have the records we know they don you were to get a judgment against them how would you expect them to perform MS BOYAGIAN Two points your Honor One is that again the clerk did not assert in her papers that she does not have control That is a position that the State Attorneys Office has asserted It is out allegation and as your Honor noted allegations must be accepted as true as true at this stage of the proceedings Second it is also our understanding that the state attorney and the clerk intend to block access to these records So our allegation is that they do have possession custody or control which the clerk has not denied and second that they are trying to block access to the records THE COURT What do you mean What do you mean Theyre not trying to block it Theyre saying that despite the fact lets just talk about ESQUIRE DEPOSITION SOLUTIONS EsquireSolutions com BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM L3 HEARING CA FLORIDA HOLDINGS vs DAVE ARQNBERG June get to your records Theres ways to get confidential records BU:t _it isnt by suing tl:ie st te attorney and the clerk So I just want to hear your last final argument on how Count II the appropriate defendants are ie cl rk and the state attorney Even assuming arguendo they have the records we know they dont you were to get a judgment against them how would you expect them to perform MS BO 245:AGIAN Two points your Honor One is that again the clerk did not assert in her papers that she does not have control That is a position that the State Attorneys office has asserted It is o:ur allegation and as your Honor noted allegations rnus,t be accepted as true as true at this stage of the proceedings Second it is also our understanding that the state attorney and the clerk intend to block access to these records so our allegation is th they db have possession custody or cont:61 which th clerk has not denied and second that they are trying to block access to the records THE COURT What do you meari What do you mean Theyre not trying to block it Theyre saying that despite the fact lets just talk about Esqulrt:iSoiutions.com CA/Aro il i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June the clerk because we all know the state attorney doesnt have it So the clerk is the custodian of records Thats her main job Theres no doubt about it We all know that But we also know unequivocally unequivocally only the court can make the determination of whether the moving party has satisfied that there is an exception that these should be released So again I ask you she is in fact the custodian of the records is it your opinion that if you got a judgment saying clerk and comptroller gets a judgment against them that she can release the records without the court without the court weighing in without the court making that determination as required by law MS BOYAGIAN No your Honor We are asking your Honor to order the clerk to do that under your discretion THE COURT All right Mr Ms Fingerhut you wish to be heard on that MS FINGERHUT Your Honor our position is that were not trying to block access to the records ESQUIRE DEPO EsquireSolutions com CA/ArOpft 256BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARON.BERG June the clerk bec:ause we all know the state attorney doesnt have it S9 the clerk is the custodian of rec:or4s Thats her mai.n jol Theres no doubt about it We all know that But we also know unequivocally unequivocally only the court can make the d.etermination of whether the moving party has satisfied that there is an exception that these should be released So ag 225ain I ask you she is in fact the custodian of the ecords is it your opinion that if you got a judgment sc1.yir:ig clerk and comptroller gets a judgment against them that she can release the record without the court without the court weighing in without the court making that determination as required by law MS BOYAGIAN Noi your Honor We are asking your Honor to order the clerk to do that under your discretion TRS COURT All right Mr Ms Fingerhut you wish to be heard on that MS FINGERHUT Your Honor our p9sition is that were not trying to block access to the records ESquireSolutions com CA/AronheL ILr:v PAl.:J BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June Speaking simultaneously THE COURT Can you hear Can the attorneys hear MS FINGERHUT custodian the records and that he cannot release the records without court THE COURT Exactly Okay All right Anything further Mr Wyler MR WYLER No your Honor I concur with the attorneys for the clerks office that its impossible for us to release these records Theres no intent to hide them or block anything from the Plaintiff THE COURT Okay Anything further Ms Fingerhut MS FINGERHUT No your Honor THE COURT And Ms Boyagian anything further Ma am MS BOYAGIAN Nothing further your Honor THE COURT Okay I will get an order out quickly Thank you folks so much And Ill see you on the next round Thanks a lot MS BOYAGIAN Thank you your Honor MR WYLER Thank you your Honor The proceedings concluded at a.m ESQUIRE EsquireSolutions com CA/Ar0Pheffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG Speaking simultaneously June THE COURT can you hear can the attorneys hear MS FINGERHUT custodian the records and that he cannot release the records without court THE COURT Exactly Okay All right Anything further Mr Wyler MR WYLER No your Honor I concur with the attorneys for the clerk ofrice that its impos ib1e fo us to release these records Theres no intent to hide them or block anything from the Plaintiff THR COURT Okay Anything further Ms Fingerhut MS FINGERHUT No your Honor THE COURT And Ms Boyagian anything eurther Ma?tn MS BOYAGIAN Nothing further your Honor THE COURT Okay I will get an order out quickly Thank you folks so much And Ill see you op the next rpund Ihanks a lot MS BOYAGIAN Thank you your Honor MR WYLER Thank you your Honor The proceedings onclud at a Esq 265ireSolutions.com CA/Aro Pcffl5?i fM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June CERTIFICATE OF REPORTER I Sonja Reed Court Reporter certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript pages through is a true and complete record of my stenographic notes Dated this 3rd day of June Sonja Reed Court Reporter ESQUIRE EsquireSolutions com CA/ArOfft 256BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CAFLORIDA HOLDINGS vs DAVE ARONBERG CERTIFICATE OF REPORTER June I Sonja Reed Court Reporter certify that I was a:uthorizeq t:;o and did stenographically report the foregoing proceedings and thc3.t the transcript pages through is a true and complete record of my stenographic nqtes Dated this 3rd day of June Sonja Reed Court Reporter EsquireSolutions com CA/Aro tfCbU PALM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-7 CA/Af ll 260PkS BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-7 CA/ArOfifE AfM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CIRCUIT CIVIL DIVISION AG CASE NO CA FLORIDA HOLDINGS LLC PUBLISHER OF THE ALM BEACH POST vs DAVE ARON BERG SH ARON BOCK Defend ant/Respondents _I ORDER GRANTING DEFENDANTS MOTIONS TO DISMISS COUNT II OF PLAINTIFF 2S FIRST AMENDED COMPLAINT WITH PREJUDICE THIS CAUSE came before the Court on Dave Aronberg as State Attorney of Palm Beach County 2s 223State Attorney and Sharon Bock as Clerk Comptroller of Palm Beach County 2s 223Clerk respective Motions to Dismiss Count II of CA Florida Holdings LLC Publisher of the Palm Beach Post 2s 223The Post First Amended Complaint DE This case is assigned to Division AG which is currently presided over by the Honorable Donald Hafele However the undersigned as Chief Judge of the Fifteenth Judicial Circuit presided over the June hearing on the State Attorney and Clerk 2s Motions as the Motions implicate records of the Palm Beach County grand jury over which the Chief Judge presides See Fla Stat After careful consideration of the pleadings and the arguments presented at the hearing the Court grants the Motions for the following reasons Background The Post is a media Outlet which has heavily reported on the Palm Beach County criminal prosecution of Jeffrey Epstein Through the instant civil lawsuit The Post seeks 223immediate access to the testimony minutes and other evidence presented in to the Palm Beach County grand jury in Mr Epstein 2s case and alleges that both the State Attorney and Clerk are possession and/or control of those documents DE First Amended Complaint at and Specifically The Post seeks declaratory judgment as to its rights to obtain the grand jury testimony in Mr Epstein 2s case from the State Attorney and Clerk Count I as well as Page of CA/Arophe BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUIT COURTOF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORJDA CIRCUIT CIVIL DIVISION AG CASE NO CAFLORIDA HOLDINGS LLC PUB USHER OF THE PALM BEACH POST Plaintiff/Petitioner vs DAVE ARO_NBEJ SHARON BOCK Def endant/Re pondents I ORDER GRANTING DEFENDANTS MOTIONS TO DISMISS COUNT II OF PLAINTIFFS FIRST AMENDED COMPLAL"JT WITH PREJUDICE THIS CAUSE came before the Court on bave Aronberg as State Attorney of Palm Beach Countys State Attorney and Sharon Bock as Clerk Comptroller of Palm Beach Countys Clerk respective Motions to Dismiss Count II of CA Florida Holdings LLC Publisher of the Palm Beach Posts The Post First Arrended Complaint DE This case is assigned to Divis1on AG which,is clTently presided over by the Honorable Donaid Hafele However the undersigned as Chief Judg-e of the Fifteenth Judicial Circuit presided over the June hearing on the State Attorney and Clerks Motions as the Motions implicate records of the Palm Beach County grandjuty over which the Chief Judg,e presides See Fla Stat After careful consideration of the pieadings and the arguments presented atthe hearing the Court grants the Motions for the following reasons Background The Post is a media o.utlet vhich has heavily reported on the Palm Beach Colty criminal prosecution of Jeffrey Epstein._ Through the instant civtl lawsuit The Post seeks immediate access to the testiroony minutes and other evidence presented in to the Palm Beach County grand jury in Mr Epsf ins case and alleges that l:,oth the State Attorney and Clerk are i:ti-possession and/or torttroJ of those documents DE First Amended Complaint at,i,i and Specifically The Post seeks declaratory judgment as to its rights to obtain the grand jury testim:my in Mr Epsteins case froJn the State Attorney and Clerk Count I as well as Pagel of CA/Ampifm:5 A.f BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Case No judgment against the State Attorney and the Clerk pursuant to section Florida Statutes which sets forth the parameters of grand jury secrecy in Florida Count II Both the State Attorney and the Clerk move to dismiss Count II The Post 2s First Amended Conplaint arguing that that section does not create a private cause of action DE The Court agrees Analysis reviewing a motion to dismiss for failure to state a cause of action the court must accept the allegations of the complaint as true and construe them in the light most favorable to the plaintiff Ahnarante Art Institute of Fort Lauderdale Inc So.2d FIa.4th DCA The motion should only be granted if the mo ving party demonstrates that the plaintiff cannot provide any facts that would support a cause of action Id It follows that if the cause of action alleged is nonexistent under Florida law dismissal is warranted Cummings Dawson So 2d Fla 1st DCA affirming dismissal of cause of action not recognized by Florida law Section Florida Statutes is titled 223Testimony not to be disclosed exceptions and states A grand juror state attorney assistant state attorney reporter stenographer interpreter or any other person appearing before the grand jury shall not disclose the testimony of a witness examined before the grand jury or other evidence received by it except when required by a court to disclose the testimony for the purpose of a Ascertaining whether it is consistent with the testimony given by the witness before the court Determining whether the witness is guilty of peijury or Furthering justice It is unlawful for any person knowingly to publish broadcast disclose divulge or communicate to any other person dr knowihgly to cause or permit to be published broadcast disclosed divulged or communicated to any other person in any manner whatsoever any testimony of a witness examined before the grandjury or the content gist or import thereof except when such testimony is or has been disclosed in a court proceeding When a court orders the disclosure of suchtestimony pursuant to subsection for use in a criminal case it may be disclosed to tire prosecuting attorney of the court in which such criminal case is pending and by tire prosecuting attorney to his or her assistants legal associates and employees and to the defendant and the defendants Page of BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Case judgment against the State Attorney and the Clerk pursuant to section Florida Starutes which sets forth the para ters of grand jmy secrecy in Florida Cotn1t II Both the State Attorney and the Clerk roove to dismiss Cotn1t II of The Posts First Amended Complaint arguing that _that sectioll does IlOJ Greate a private cause of action DE Tbe Court agrees A.naly is In reviewing a motion to disiruss for failure to state a cause of action the court must accept the allegations of complai11t as true lP construe them in the light IlX Stfavorable to the plaintiff Alrnarante Art-Institute ofF011 Lauderdale inc So 2d Fla 4th DCA The 10tipn shotild only be granted if the 1mving party demonstrates that the plaintiff cannot provide any facts that would support a cause of actio1i Id It follows that if the cause of action alleged is nonexistenttmder Florida Jaw dismissal is warranted C_ummings Dtnv_son So 2d Fla 1st DCA affitmill dismissal of cause of action not recognized by Florida law Sectio.rt Florida Statutes l9 is titled Testimony not to be disclosed exceptions and states A grand juror state attorney assistant state attorney reporter stenographer interpreter ot arty other person appeari1ig before the grand jmy shall not disc lose the testimony of a witness examined before tl.1e grand jury or other evidence ce.ived by it except when required by a court to disclose the testimony for the purpose of a Ascertaining whether itjs consistent with the testimony given by the witness before the court Determining Vhethe.r the wjtnes.s is guilty of perjury or Furthe 225ring justice ltis unlawful for any person knowingly to publish broadcast disclose divulg or comrrnmicate to any other person or knowingly to cause or permit to be published broadcast disclosed divulged or conunicated to any other person in any manner whatsoever any testimony ofa witness examined before the grand jury or the content gist or import 267thereof except when such testimony is or has been disclosed in a court procee 225ding When a court orckrs the disclosure of suchtestiroony pursuant to subsection for use in a criminal case it may be disclosed to the prosecuting attorney of the court in which st1Ch criminal case is pending and by the pro_seclrting attorney Jo his or her assistants legal associates and employees and to the defendant and the defendants Page2of7 CA/Arcp iJ i!.M BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I IQ nD q?D UOz i I?տP?m i N?B d?G?mJH k?Rf DOΘ wS??F??P fi A??M Dތ?C yvGHB Pa h?z a ipK D?v A??i?v M4 Hv 7zi J?ɻ N4F Wop??ApIU??b h??D?w?Nq4 ڬ1L p??a a nD?ӆN a2X A I D?Z ٺA l2a zj?W?i m_j?l?U 농?a cP?P?C??:I KT?A1?V??T Ao mxW v?o xIk m:i mt?b h0פ??F J?N?SJ O??B ꂮI?M?ѭ Z?K?m m?ե,g?K b?k O??-?ZI?UT?Ct?V i C?Hu RT?p?Mz??b m.?A?װ??p?n?Bo?oT??i?O?ǭ A V?I A I o?Z??u 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O??g 0J Case No attorney and by the latter to his or her legal associates and employees 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 Nothing in this section shall affect the attorney-client relationship..A client-shall have the right to communicate to his or her attorney any testimony given by the client to the grand jury any matters involving the client discussed in the clients presence before the grand jury and any evidence involving the client received by or proffered to the grand jury in the clients presence Persons convicted of violating this section shall be guilty of a misdemeanor of the first degree punishable as provided iris or by fine not exceeding or both A violation Of this section shall constitute criminal contempt of court Fla Stat As the State Attorney and Clerk argue and The Post concedes section makes no express provision for a civil suit or civil liability Nonetheless The Post maintains that it is entitled to seek the grand jury records via a private cause of action pursuant to the 223furthering justice exception to grand jury secrecy contained in subsection Therefore the limited question for this Court 2s consideration is whether a cause of action under section should be judicially implied See Murthy Sinha Corp So 2d Fla In advocating that it may maintain a cause of action against the State Attorney and Clerk under section The Post urges the Court to examine three factors whether the plaintiff is one of the class for whose special benefit the statute was enacted whether there is any indication either explicit or implicit of a legislative intent to create or deny such a remedy and whether judicial implication is consistent with the underlying purposes of the legislative scheme Plaintiff Opposition to Defendant Dave Aronbcrg As State Attorney of Palm Beach County Florida 2s Motion to Dismiss Count of the First Amended Complaint at page citing Fischer Metcalf So 2d Fla 3d DC A Within these three factors The Post recognizes that there is no indication of legislative intent to create a cause of action but leans heavily on the benefit factor arguing that the 223furthering justice exception to Page of BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Case No attorney and by the latter to his or her legal associates and employees When such disclosure is ordered by a court pursuant to subsection for use in;i civjl case it may be disclosed to all parties to the case and to their attorneys and by the latterto their legal associates and employees However the grandjury 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 Nothing in.this section shall affect the attorney-c liertt relationship.A client shall have the right to communicate to his or her attorney any testimony given by the client fo the grand jury any rmtters involving the client discussed in the clients presence before the grand jury and any evidence 267involving the dient received by or proffered to the grand jury in the clients presence Persons convicteo of violt1ting this section shaJlbe gttilty of a misderpeanor ofthe first degree punishable as provided iris or by fo1e not exceeding of both A violation of this section shall constitute _c.riininal contempt of court Fla Stat As the State Attorney and Clerk argue and The Post concedes section makes no express provision for a civil st.nt or civifliability Nonetheless The Post nnintains that it is entitled to seek the grand jury rec_ords via a private cause pursuarJ.t to the furthering justice exception to grand jury secrecy contained in subsection Therefore the limited question for this Courts consideration is whether a cause of action 267under section should be judicially implied See Murthy Sinha Corp So 2d Fla In advocating thatit may miihtain a cause of action against the State Attorney and Clerk under section The Post urges the Court to examine three factors whether the plaintiff is one of the class fot vhose special benefit the statute was enacted vhether there is any indication either explicit or implicit ofa legislative intent to create or deny suc-h a ren dy and whether judicial implication is consistent with the underlying purposes of the legislative scheme_ Plaintiffs Oppositionto Defendant Dave Aronberg As State Attorney of Palm Beach County Floridas Motionto Dismiss Count of the First Amended Complaint at page i3 citing Fischer Metca!f So 2d Fla Jd DCA Within these three factors The Post recognizes that there is no indication of legislative intent to create a cause of action but leans heavily on the benefit factor arguing that the furtheringjustice exception to Page of CA/Ar0f1il ihfA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Case No grand jury secrecy outlined in section was meant to benefit the public at large for which the press acts as a surrogate The Post 2s arguments are unpersuasiye as to the discrete issue of whether a private cause of action lies in section To begin with The Post 2s reliance on the benefit factor is misplaced Per the Florida Supreme Court 2s opinion in Murthy 223the question of whether a statute establishes a duty to take precautions to protect or benefit a particular class of persons is no longer deterrninative on tile question of whether a cause of action should be recognized Sorenson Profl Compounding Pharmacists of IV Pa Inc So 3d Fla 2d DCA citing A/nri/iy So 2d at Instead 223whether a statutory cause of action should he judicially implied is a question of legislative intent Horowitz Plantation Gen Hosp Ltd 2ship So 2d Fla See also QBE Ins Coip Chalfonte Condo Apartment Ass Inc Sb 3d Fla 223Since Murthy we have reaffirmed the principle that whether a statutory cause of action should be judicially implied is a question of legislative intent Universal Prop Cas Ins Co Loftus So 3d Fla 4th DCA As is always the case when a court undertakes a legislative intent analysis the plain language of the statute is the starting and often ending point See Horowitz So 2d at 223When the statute is clear and unambiguous courts will riot look behind the statute 2s plairi language for legislative intent or resort to rules of statutory construction to ascertain intent Loftus So 3d at Fla th DCA quoting Daniels Fla Dept of Health So 2d Fla 223However a single part of a statute should not be read in isolation Id 223Instead 221all parts of a statute must be read together inorder to achieve a consistent whole Id quoting Forsythe Longboat Key Beach Erosion Control Dist So 2d Fla As The Post acknowledges 223there is a dearth of legislative history surrounding Section and the The Palm Beach Post was unable to locate any docufrierits capturing any legislative intent regarding the possibility of a private right of action Plaintiffs Opposition to Defendant Dave Aroribefg As State Attorney of Palin Beach County Florida 2s Motion to Dismiss Count II of the First Amended Complaint at page While the lack of any legislative Page of CA/ArOfft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Case No grandjury secrecy outlined in section was meant to benefit the public at large for which the press acts as a stnrng 1te The Posts arguments are tmpersuasive as to the dis.crete issue of whether a private cause of action lies irt section TQ lJegin w.ith Tbe Posts r.eliance cm the benefjtfactor is rnispl cecl Per th Florida Supreme Courts opinion in Mwthy the question of whether a statute establishes a duty to take prncautions tp protect or benefit a t1icuh class of persQns i!i no lo 265ger detenniJl.tive on the question of whether a cause of action should be recognized Sorenson Prof C9f!lpow?ding Pharmacists of Pa Inc So 3d Fla 2dDCA 2Ql6 citi11g Mu11hy So 2d at Instead v,,hether a statutory cause of action should be judicially inJplied is a question of Iegisla_tive intent Horowitz Plantation Gen Hosp Lid ship So 2d Fla See also QBE Ins C01p Chalfonte Condo Apartment Ass Inc So 3d Since Murthy we have reaffirmed the principle tba_t whether a statutory cause of action should be judicially implied is a question oflegislative intent Universal Prop Cas.1ns Co Lf.?fius So.3d Fla.4.thDCA2019 As is always the case when a court tn1dertakes a legislative intent analysis the plain language of the statute is the starting 1ru:l Qftenending point See Horowitz So 2d at Whenthe statute is clear and uruiinbiguous courts willrtotlookbehidthe statutes plain language for legislative intent orresort to rules of statutory construction to ascertain intent Loftus So 3d at Fla 4th DCA l9 quoting Daniels Fla DeptofHealth So 2d I Fla Howe.ver a single part of a statute should no be regid in is9Jation Instead all parts of a staMe must be read together in order to achieve a consistent whole Id quqtipg Forsythe LongboatKeyBeach ErosipnCpnfrol Di i So 2d Fla As The Post aGJaipwJeqges there is a dearth.of legislatjve history surrpUIJding Section and the The Palm Beach Post was unable to locate any doctnnerits capturing any legislatiye intent regarding the possibility of a private right of actioIL Plaintiffs Opposition to Defendant Dave Aroriberg As State Attorney of Palin Beach County Floridas Motion to Dismiss Count ll of the firstArnended Complaint at page While the lack of any legislative Page of7 CA/Aropfl i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Case No history indicating an intent to create a private right of action is telling it is not dispositive as the plain language of the section is clear an unambiguous and therefore controls Horowitz So 2d at Examining the plain language of section in its entirety which requires the Court to look at more than just the 223furthering justice provision of section relied on by The Post it is clear that the intent of the Legislature in passing section was to limit not facilitate disclosure of grand jury records In ho uncertain terms the Legislature provided that no 223person appearing before the grand jury may 223disclose testimony or evidence presented except when 223required by a court under certain limited circumstances Fla Stat In solidifying that its intent was to prohibit disclosure without court permission the Legislature provided that disclosure without a court order is a criminal offense Fla Stat Therefore to the extent section could be read as imposing a duty on the State Attorney and Cleric the duty imposed is one of secrecy not disclosure In sum tliere is nothing in the text of section from which one can deduce dial the Legislature contemplated a member of the media or anyone else for that matter having a private cause of action to compel the State Attorney and Clerk to disclose grand jury records Indeed to the contrary section prohibits the State Attorney and the Clerk assuming that as pleaded by The Post theyhave the documents from dis closing die documents widiout first being ordered to do so by die cdurtl Reading section as creating a private cause of action against the State Attorney and Clerk is therefore not only unsupported by the language of section but is actually paradoxical to its plain language of the statute As such diis Court lacks the power to construe the unambiguous language of section in a way that would extend its express terms and create a cause of action where none exists do so would be an abro atio of leg is lative power Horowitz So 2d S2 quotingHolly Auld A5G So 2d Fla Conclusion Based oh the foregoing die Court finds Count II of The Post 2s First Amended Complaint must be dismissed with prejudice as it pursues a nonexistent cause of action under section Page of CA/ArW 256TOj i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Case history indicating an intent to create a private right of action is telling it is not dis positive as the plain language of the section is clear an unambiguous and therefore coI1trols Horqwitz So 2d at Examining the pl_aill language of section in its entirety whi,ch requi_res the CQurt to look at more than just the furthering justice provision of section relied ort by The Post it is c_le_ai that tpe inte_nt oftl1e Legisla_ture i.n passing section was t_o ijmit pot facilitate disclosure of grand jury records In no uncertain tenrn the Legislature provided that no personappe_aring before the grand jury may disclose testimo11y or evidence pr sented except when required by a court under certain limited circuniStances Fla Stat In solidifying that its inientwas to prohibit disclosure without court permission the Legislature provided that disclosure without a court order is a criminal offense Fla Stat The.refore to the extent s_ection could be read as imposing a duty the State Attorney and Clerk the duty imposed is one of secrecy not disclosure Ins there is nothing in the text of secticm,90527 from which one can deduce tbat the Legislature contemplated a rrember of the media or anyone else for that matter havirig a private cause of action to c:ompe the State Attorney and Clerk to disc lose grandjury records Indeed to the contrary section prohibits the State Attorney and the Clerk assuming that as pleaded by The Post they have the documents from discJosing the docm11ents without first being ordered to do so by the court.ill Reading section as creating a private cause of actjon against the Stat Attorney and erkis therefore npt only upported by the language of section but is actuallyParadoxical to its plain language of the statute As such this Court lacks the power to construe tlle Ul1311IDiguous ianguage of sectipn in nvay t:hat wo Jld extend its express terms and create a cause of action where none exists To do so would be an abrogatiQno Jegislative power Horowitz So 2d quotingHollvv Auld So 2d Conclusion Based ori the foregoing tlie Court finds Count II of The Posts First Amended Complaint rust be dismis ed with prejudice as i pursues a nqnexistent cause of action under se tion Page of7 CNArof?fi:ffl5 hm BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Case No I X-MB In arriving at this conclusion the Court does not suggest The Post has no available mechanism to obtain a court order granting it access to the grand jury proceedings The Court also does not render any opinion as to whether releasing these records is appropriate for the purpose of 223furthering justice within the meaning of section Rather the Court 2s dismissal of Count II is necessitated by precedent and the simple fact that a civil lawsuit against the State Attorney and Clerk under section is not the proper mechanism for The Post to pursue its goal Therefore it is hereby ORDERED AND ADJUDGED that Dave Aronberg as State Attorney of Palm Beach County 2s and Sharon Bock as Clerk Comptroller of Palm Beach County 2s respective Motions to Dismiss Count II of CA Florida Holdings LLC Publisher of the Palm Beach Post 2s First Amended Complaint are GRANTED and Count of Plaintiff 2s first Amended Complaint is hereby DISMISSED with prejudice DONE AND ORDERED in West Palin Beach Palm Beach County Florida this 8th day of June MB Krista Marx Chief Judge The Court notes that if there was a court order directing the State Attorney or the Clerk to disclose records and the State Attorney or the Clerk refused the remedy for disobeying a court order is contempt or in some instances a mandamus proceedings not a civil lawsuit COPIES TO DOUGLAS A WYLER Nd Address Available GATEWAY BLVD SUITE FERNANDINA BEACH FL No E-mail Address Available do ug le me as tute Page of CA/Aropf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Ca No In aniving at-this conclusion the Cotrrt does not suggest The Postbas no available mecbanis_mto obtain a court order granting it access to the grand jury proce_edings The Court also does not render any opinion as to whether releasing these records is appropriate for the pm-pose of furthering justic wiwn the c:Uling of section Rather the Courts dismissal ofCmmt II is necessitated by 267precedent and the simple fact that a civil lawsuit against the State Attorney and Cle:r,k Uilder secti not tbe proper mechanism for The PC st to pursue its goal Therefore it is herel ORI ERED AND ADJUDGED that Dave Aronberg as State_ Attorney of Palm Beach Countys and Sharon R._Boe,k as Clerk_ Comptroller of.PalrrlBeachCountys respective Motions to Dismiss Count II of GA Florida Holdings LLC Publisher of the Palm Beach Posts First Amended Complaint are GRANTED and Count II of Plaintiffs first Airenoed Complaint is hereby DISMISSED vith prejudice DONE AND ORDERED iri West Palin Beach Palin Beach County Florida this 8th day of June IT i Mp io _i Jf rlsta.Ma Clilef;JifiJge x:r.-m Kristil farx ChiefJud ill The Court notes that if there was a court order directing the State Attorney or the Clerk to disclose records and the State Attorney or the Clerk refused the remedy for disobeying a court order is coptcmpt or in some instances a rr 265i,ndamus proceedings not a civil lawsuit COPIES TO No Address A ailable No E-mail Address Available DOUGLAS A WYLER GATEWAY BLVD doug vyler com::astnet SUITE FERNANDINABEACH FL Page of7 CA/Aropft:ffl5 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Case No MICHAEL GRYG1EL MICHAEL GRYG1EL NICOLE FINGERHUT NINA BOYAJIAN NINA D.BOYAJIAN STEPHEN A MENDELSOHN ESQ STATE Case No MB MICHAEL GRYGIEL MICHAEL GRYGIEL NICOLE FINGERHUT NINA 13O/AJIAN NINAD BOYAJIAN STEPHEN A MENDELSOHN ESQ ST ATE Def.Ex.A-8 CA/Aro BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-8 CA/Aro ifl5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM the.Law offices of JACOBS ASSOCIATES.-P.A ARTHUR-1 JACOBS Jacobs Scholz Wyler llc A LIMITED LIABILITY COMPANY OF PROFESSIONAL ASSOCIATIONS ATTORNEYS AT LAW GATEWAY TO AMELIA GATEWAY BLVD SUITE Fernandina Beach Florida TELEPHONE SOA FAX NO RICHARD SCHOLZ P.A RICHARD SCHOLZ DOUGLAS A WYLER P.A DOUGLAS A WYLER June VIA ELECTRONIC U.S MAIL Stephen A Mendelsohn Esq Greenburg Traurig P.A Town Center Circle Suite Boca Raton FL RE CA Florida Holdings LLC Dave Aron berg et al Palm Beach County Case No Dear Mr Mendelsohn As you are aware our firm represents the interests of Dave Aronberg as State Attorney of Palm Beach Count Florida in the above referenced matter The purpose of this letter is to demand the voluntary dismissal of your First Amended Complaint the 221Complaint dated January This demand is made pursuant to section Florida Statutes As you know Section-363.6 provides Upon the court 2s initiative or motion of any party the court shall award a reasonable attorney 2s fee including prejudgment interest to be paid to the prevailing party in equal amounts by the losing party and the losing party"s 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 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 clairri 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 Aronberg 2s Motion to Dismiss Count II of the Plaintiff 2s Complaint Pursuant to the Court 2s ruling the Plaintiff 2s only remaining cause of action consists of Count 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 CA/Aropfp BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM JAco:as SCHOLZ WYJ.E LLQ ATTORNEYS AT AW GATCWAV TO Ai--fELIA THE i.Aw OFFICES OF JACOBS ASSOCIATE:SiP.A ARTHUR JACOBS GATEWAY BLVD,SU.ITE FERNA..,"DINA BEACH FLoRIDA June VIA ELECTRONIC U.S MAIL Stephen A Mendelsohn Esq Greenburg Traurig P.A To Center Circle Suite Boca Raton FL TELEPHONE FAX NO _RE CA Flor:ida Hc;,ldings LLC Dave A_ronberg 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 OLi are aware our firm represehts the interests of Dave Aronberg as State Attorney of Palm Beach County Florida in the above referenced matter The purpose of this letter is to demanci the voluntary dismissal of your First Amended Complaint the Complaint dated January This demand is made pursuant to section I Florida_Statutes As you know Section I provides I Upon the courts initiative or motion of any party the court shall a ard a reasonable attorneys fee including prejudgment interest to be 267aid to the prevailing party in equal amounts _by the losing_party and the losing 267partys attorney on any claim or defense atany time during a civil proceeding or action in which the court finds t1_1at the losing pllrty or tl_1e losing partys attorney knew 9r shouid have known that a claim Qr defense when initiliy presented to the court or at any time before trial a Was not supported by the material facts necessary to establish the claim 6r defense or Would not be supported by the application of then,-existing law to those material facts Today Judge Marx granted with prejudice I efencfant Arqribergs Motion to Disrniss Couni of the Plaintiffs Complaint Pursuant to the C91,!rts ruling tbe P_laintiffs qnly remaining cause of action coQsists Cpun,t I for DeclrlltQry Reiief Accordingly we beiieve that the Complaint filed herein and its sole remai.nirig Count for.Declaratory Relief is not supported by the maierial facts necessary fo establish the claims asserted and that your claims are not supported by the application ofcurrent law to said material facts CA/Aro Pcffl5?ih BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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 dr 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 hot a proper party to this action because no matter what heand 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 co.urt 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 cow 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 Aronbergwould 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 Attorney 2s 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 Please govern yourself accordingly Douglas A Wyler Esq For the Firm Encl Defendant 2s Motion for Attorneys Fees CA/Ar0pJOCT1AK BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM First and foremost the Complaint is not _supported by tht 01ateria.l 267facts necessary to establish the claims asserted because neither Defendant Aronberg nor The Office of the Stat A1:to1 for the Fifteenth Judicial Circuit is in custody ot control of the grand jury materials sought therein Sjmply put the declaratory relief sought by the Plaintiff seeks records from my client that are impossible for him or his qffice to produce Accordingly Defendant Aronberg is riot 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 clain:is a si!rt in the Complaint your claims are also not supported by the application of current iaw Specifically your acti9n fQr cleclaratory relief fails based on the clear unambiguous statutory language found in Section Florida Statutes which states When such disclosure is ordered by a cqurt pursuant to subsection I for use iri 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 anci emplo:rees Howeyer the grand fury testimony afforded such persons by the court can only be used in ihe defense or prosecution of the civil or crimlnal case and for no other purpose whatsoever Moreover even if the Plaintiff were to prevail in the declaratory action Mr Aron berg would be 11r1able to co01ply with any court order granting disclosure of the requested documents because neither Mr Aronbi!rg nor Th_e Office of the State Attorney for the Fifteenth Judicial Circuit have possession custody or control of the Epstein gra11d jury records Based on the foregoing if the Complaint is not qi missed within days of the service of this letter the enclosed Motion-for Attorneys Fees wili be filed and we will seek _an.ctions from your,c Jient and you-r firm recovery of the legal expenses incurred in defending this friyolous action Pleas i Douglas A Wyler Esq For the Firm Encl Defendants Motion for Attorneys Fees CA/Aro fi:m5?iJ 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 Palin Beach County Florida Defendants DEFENDANT DAVE ARONBERG 2S MOTION FOR ATTORNEYS FEES Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida by arid through the undersigned attorneys riibves the Court pursuant to Florida Statutes Section to award him reasoriable attorneys fees for the defense of Plaintiffs First Amended Complaint the 223Coriiplaint and as grounds therefor would show that on June Plai ntiff was served a copy of this Motion together with a letter from the undersigned attorney iri 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 Defendant 2s attorney advised Plaintiff of the facts which establish that the Complaint is without support of the facts or the law WHEREFORE Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests the Court enter an Order requiring Plaintiff and Plaintiff attorneys to pay said Defendant 2s attorneys fees incurred herein after service of this Motion CA/AroPft 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 ofthe PALM BEACH PO.ST Plaintiff DA VE ARONBERG as St_a,,te _ttorne of Palm Be County Florjda SHARON BOCK as Clerk and Comptroller of Palfu Beach County Florida Defendants I CASE NO DEFENDANT DAVE ARON.BERGS MOTION FOR A TTO NEYS FEES Defendant DAVE AR,QNBERG as State Attorney of Palm Beach County Florida by arid throu the ndersigned attorneys moves the Court pursuant to Florida Statutes Section os to awardhim reasonable attorneys fees for the defense of Plaintiffs First Amended Complaint the Complainf and a grounds therefor vould show that on June Plaintiff was served a copy of this Motion together with a letter from the 11ndersigned attorney ih accordance with subsection of the above Statute de,manding dismissal of the Complaint at least _2 days prior to the filing of this Motion In said letter Defendants attorney adviseg Plaintiff ofthe facts which establish that the Complaint is without support of th facts 6t the Ia,v WHEREFORE Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests the Court enter an Order requiring Plaintiff and Plaintiffs ttQrneys to pay said Defendants attorneys fees incurred herein after service of this Motion CA/Aropft ih BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CERTIFICATE OF SERVICE I hereby certify that on this day the foregoing was electronically filed the Florida E-File Portal for electronic service on the parties of record herein JACOBS SCHOLZ WYLER LLC 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 A ttorneys for Defendant CA/Arop opj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CERTIFICATE OF SERVICE I hereby certify thaton this __ day the foregoing was electronically filed via the Florida E-File P9rta,l fqr electronic service on the parties of record herein JACOBS SCHOLZ VYLER LLC Isl Douglas A Wyler Arthur Jacobs Esquire fla Bllr No I Richard LScholz Esquire Fla Bar No Douglas A Wyler Esquire Fla Bar No Gateway B.lvd Suite Fernandina Beach Florida jacobsscholzlaw comcast.net Attorneys for Defendant CA/Aropfl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-9 CA/Arofft 256Q?ffl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-9 CNAropft:m5 hm BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM GreenbergTraurig Stephen A Mendelsohn Tei Fax mendelsohns gtlaw.com June Douglas A Wyler Jacob Scholz Wyler LLC Gateway Blvd Suite Fernandina Beach FL Re CA Florida Holdings LLC Dave Aronberget al Case No Dear Mr Wyler We are in receipt of your letter of June with proposed Fla Stat section motion In your letter and your proposed motion you assert that CA Florida Holdings LLC and the law firm of Greenberg Traurie P.A should be liable for the attorneys fees to be incurred by State Attorney Aronberg after the date of your letter Your letter cites to Fla Stat sections a and for support As shown below there is basis for a Fla Stat section motion and we expect that if the State Attorney were to make such a motion the court should deny it Your letter omits a citation to section Subsection a provides that sanctions may not be awarded where there is a 223good faith argument for the extension modification or reversal of existing law or the establishment of hew law as it is applied to the material facts with a reasonable expectation of success We have such a good faith argument Contrary to your analysis of Fla Stat section there are actually three instances where a court uiay order the release of grand jury materials As we argue the court may order release furtherance of justice There are few cases in Florida reviewing this provision and its scope It is an open and valid question as to whether the court ihay order release of grand jury transcripts to the media under both the statute and the Fir st Amendment to the US Constitution in furtherance of justice The statutory language you cite refers to instances where a person is seeking grand jury materials for use in a civil or in a criminal case In these limited situations the statute allows for such uses and for no other reason However the statute does not state as you assert that where the media seeks grand jury materials based upon its constitutional standing which the Circuit Court acknowledged at the June hearing includes The Palm Beach Post that the statutory Greenberg Traurig Attorneys at Law Town Center Circle Suite Boca Raton Florida FM Albany Amsterdam Atlanta Austin Berlin Boca Raton Boston Chicago Dallas Delaware Denver..Fort Lauderdale Houston Las Vegas London Los Angeles Mexico City Miami Milan Minneapolis Nashville New Jersey New York Northern Virginia Orange County Orlando Philadelphia Phoenix Sacramento San Francisco Seoul Shanghai Sdicoh Valley Tallahassee.Tampa Tel Aviv?Tokyo Warsaw Washington D.C West Palm Beach chsster County Opet ria cCGwoirs tLP i IK eriq Tr 253sng Santa Ueta Ttacrig tiPFertay les 243Cwfluitrench PA tEA Tsiye itotaJtae Ciaiin sk wgtlaw.com CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Ii GreenbergTraurig Stephen A Mendelsohn Tel Fax mendelsohns gtlaw.com June Douglas A Wyler Jacob Scholz Wyler LLC Gateway Blvd Suite Fernandina Beach Fl Re CA Florida Holdi11gs UC Dave Aron berg et al Case No Dear Mr Wyler We are in receiptofyour letter of June with your proposed Fla Stat section motion In your letter and your proposed motion you assert that CA Florida Holdmgs LLC and the law flJ.l of Greenperg lt:a1jg P.A shm l?e Iial?l for the att yf fees tQ iJJ.curred by State Attorney Aronberg after the date of your letter Your letter cites to Fla stat sections a arid for support As show1i belmv there is no basis for a Fla Stat section motion and we.expect that if the State Attorney were to make such a motion the court should deny it Your fotter ontit a citation to Subsectio a provides that sanctio may not be awarded where there is a good faith argument for the extension modification or reversal of existing la,v or the establishment of new law as it is appliedfo the 1iiaterial facts With areasonable expectation ofsuccess We have such a good faith argument Contrary to your anaiysis of Fla Stat section there are actl!ally three instances where a court may order the release of grand jury materials As we argue the court lay order release in fltherance of justice There are few cases in Florida re:viewing this provision and.its scope It is ail open and valid question as to whether the co:i.irt may order release of gtand jury transcripts to the media under both the statute and the First Amendment to the US Constitution in furtherance of justic Tlle statuto1y language yo cite refers to insta ces where a person i.s seeking grand jury materiflls for use in a civil or in a c:riminal case In these limited situationsithe stf!tute allows for such uses and for no other reason However the statute does not state as you asserl that where the media seeks grand jtliy Iilateiials based upon its constitutional standing which the Circuit Comt acknowledged at the June hearing includes The Palm Beach Post that the statutory G1:eenberg Tramig P.A I Attorne;rs at Law 5100TownCeriterCircle I Suite400 I BocaRaton;Florida33486 I I Albany Amsterdam Atlanta Austin arlm.Boca Raton Boston Chicago Oallas Delaware Denver Fori Lauderdale 267Houston Las Vegas London Los Angeles Mexico City Mianii lfilan M.irineapolis Nash"-ille Ne Jersey New York Northern Vrrginia Orange Comity Orlando Philadelphia Phoenix Sacramento San Francisco Seouf hanghai Silicor Valley Talla.hassee.J:amp.a TelA,-iv Tol.,O W;u:saw Washington O.C West Palm:Be.ach west iliester County 0;,c,-IIZJc fur.:"!-NF il.P Ccar bri.C A PA fi l:l!-k WIW.gtlaw.com CA/Aro PJ:fil5?i ffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Correspondence to Douglas A Wyler June Page use limitation you cite applies No reported Florida case has addressed this issue and there is a good faith basis for our view of Fla Stat section Your letter also ar gues that sanctions are applicable because the State Attorney has alleged that it does not possess the Jeffrey Epstein grand jury transcripts This allegation is also contained in the State Attorney 2s Answer Assuming that the State Attorney does hot currently have physical possession of the Epstein grand jury materials which has yet to be demonstrated this does not end the matter The State Attorney was named as a party not simply as a custodian of grand jury records The State Attorney was named 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 3d Circuit hi that case the US petitioned a state judge to order the State Attorney to turn over grand jury transcripts The State Attorney argued against their release citing to Fla Stat section Later a federal grand jury subpoenaed the Broward County State Attorney for delivery of state grand jury testimony The Broward State Attorney advised the federal court that it would produce the transcripts thereby demonstrating that while it may not have physical possession of the materials he had legal authority to obtain and deliver them It should also be noted that the State Attorney moved to quash the subpoena arguing that it was unlawful under Florida and Fla Stat section This case indicates that where one seeks grand jury materials the relevant State Attorney is a necessary party in order to protect the grand jury that the Office of State Attorney supervised and to make ar guments if need be against release of the grand jury materials These are some of the same reasons why the State Attorney was named in this case Also assuming the State Attorney does not have physical possession of the grand jury materials there is nothing in Florida law that prohibits the State Attorney from requesting that the Clerk provide copies to the State Attorney Chapter Fla Stats does not contain a prohibition against a State Attorney demand that the Clerk grant his office access to grand jury materials even after a criminal case has concluded Upon information and belief the Clerk 2s office maintains a log that tracks release of grand jury materials to the State Attorney upon its request Please confirm whether the State Attorney has accessed grand jury materials from the Clerk 2s office in other instances or that it has never done so If the Clerk has such a log then its contents should be discoverable or subject to Florida Public records laws Greenberg Tranrig P.A I Attorneys at Law w.gBaw.com BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Correspondence to Douglas A Wyler June Page2 use linlitation you cite applies No reported Florida case has addressed this issue and there is a good faith basis for our view of Fla Stat section Your letter also argues that sanctions are l:lppli9able a the State Attorn,ey has aU ged that it does not possess the Jeffrey Epstein grand jmy transcripts 1bis allegation is also contained in the State Attorneys Answer Assll.lillg that the State Attorney does not cuttently have physical possession of the Epstein grandjmy materials which has yetto be demonstrated this does not end the matter The State Attorney was named as a party not simply as a custodian of grand jury records The State Attorney was named 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 3d Circuit In that case the us petitioned a state judge to order the State Attorney to tum over graildjury transcripts The State.Attorney argued againsttheinelease citing to Fla Stat section Later a federal grand jury subpoenaed the Broward County State Attorney for delivery of state grand jury testimo11y tJle Broward State Attorney advised t_he federal court that it wotllcl produce the transcripts thereby demons_trating that while it may not have physical possession of the materials he had legal authority to obtain and deliver them It should also be noted tliat the State Atto1uey moved to quash the subpoena argumg that it was unlawful under Florida law and Fla Stat section This case indicatesthat where one seeks grand jury materials the relevant State Attorney 1s a Qeces.sary party in order to protect the grand jury that the Office of State Attorney supervis.ed and to make arguments if need be against relea of the grand jury materials These are some of the same reasons Vhy the State Attorney was named in this case Also assuming the State Attorney does not have physical possession of the grand jmy mate1ials there is nothing in Fl01ida law that prohibits tlie State Artonu from requesting that the Clerk provide copies to the State Attorney Chapter Fla Stats does not contain a prohibition against a State Attorney demand that the Clerk grant his office access to grand ji.uy materials even after a chminal case has conduded Upon information and belief the Clerks office maintains a log that tracks release of grand jury materials to the State Attorney upon its request Please confirm whether the State Attorney bas 1c9essed gra11d jtJ.ry mat rials from the C::le:rks o.f;fice in other instances or that ithas never done so If the Clerk has such a log then its contents should be discoverable or subject to Florida Public records laws Greenberg Traurig P.A I Attorneys at Law Wl v.g1law.com CA/Aro fi:ffl5?ihl9Rf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Correspondence to Douglas A Wyler June Page For these reasons we decline your Fla Stat section demand that the case be dismissed against the Office of the State Attorney We expect that your demand will be withdrawn Thank you Very truly yours s/Stephen Mendelsohn Stephen Mendelsohn SAM 1s ACTIVE Greenberg Tranrig P.A I Attorneys at Law w.gtlaw.com CA/ArW BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Correspondence to Douglas A Wyler June eage For these reasons we decline your Fla Stat section demand that the case be dismissed a gains the Office of the Stl:lte Attorney We pect that your demand will pe withdrawn Thank you Very truly yours s/Stephe11 vf ei1delsol1 Stephen Mendelsohn SAM:ls ACTIVE Greenberg Tramig P.A I Attornevs at Law w.vw.gtlaw.com CA/ArOf?fl:EtP Ai BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-10 CA/AroPft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-10 CNArcptt9tfu iJ 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 CASE NO DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants DEFENDANT DAVE ARONBERG 2S MOTION FOR ATTORNEYS FEES Defendant DAVE 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 Plaintiff 2s First Amended Complaint the 223Complaint 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 Defendant 2s attorney advised Plaintiff of the facts which establish that the Complaint is without support of the facts or the law WHEREFORE Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests the Court enter an Order requiring Plaintiff and Plaintiff 2s attorneys to pay said Defendant 2s attorneys fees incurred herein after service of this Motion CAArop I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH OUNTY?FLQRIDA CA FLORIDA HOLDINGS LLC Publisher of the PALM BEACH POST Plaintiff DA VE ARONBERG as State Attorney of Palm Ileach 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 throughthe 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 grounds therefor would sllmv that JUQe Plaintiff was served a copy ofihis Motion together with a letter from the undersigned attorney in accordance with subsection of the above Statute demanding dismissal of the Complaint at least 2i days prior fo 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 orthe law WB.EREFORE 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 irn;:urred herein after service Qf this Motion CA/Aropft iAl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CERTIFICATE OF SERVICE I hereby certify that on this I st day July the foregoing was electronically filed via the Florida E-File Portal for electronic service on the parties of record herein JACOBS SCHOLZ WYLER LLC s/Douglas A Wyler Arthur Jacobs Esquire Fla Bar No Richard Scholz Esquire Fla Bar No Douglas A Wyler Esquire Fla Bar No Gateway Blvd Suite201-I Fernandina Beach Florida jacobsscholzlaw comcast.net Attorneys for Defendant Dave Aron berg CA/Aro BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CERTIFICATE OF SERVICE I hereby certify that on this 1st day J_uly the foregoing was electronically filed via the Florida E-File Portal for electronic service on the parties of record herein JACOBS SCHOLZ WYLER,.LLC ls/Douglas A Wyler Arthur Jacobs Esquire Fla Bar No Richard Scholz Esquire Fla Bar.No Douglas A Wyler _Esquire Fla Bar No Gateway Blvd Fernandina Beach Florida jac 267obssclrolzlaw om ast.net Attorneys for Defendant Dave At 267onberg CA/Aropffmj?ikl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-11 C/V Qp BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-11 CA/Arop ihl 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 PA LM BEACH POST Plaintiff CASE NO DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants DEFENDANT DAVE ARONBERG 2S MOTION FOR SUMMARY FINAL JUDGMENT AND MEMORANDUM OF LAW IN SUPPORT THEREOF Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida hereinafter 223Aronberg by and through counsel below and pursuant to Rule Florida Rules of Civil Procedure moves for entry of summary final judgment in his favor as to the remaining claim for Declaratory Relief in Plaintiff 2s First Amended Complaint1 and in support thereof states as follows STATEMENT OF THE UNDISPUTED FACTS The following is a statement of facts material to this motion.for summary judgment as to which there is no genuine issue Count I of Plaintiff 2s First Amended Complaint hereinafter 223Complaint filed January seeks Declaratory Relief pursuant to Section Florida Statutes Specifically Plaintiff 2s Count seeks a court order 223declaring that pursuant to Fla Stat Section and the Court 2s inherent authority The Palm Beach Post may gain access to the testimony minutes and other evidence presented in to the Palm Beach County grand jury that 2On June this Court entered its Order Granting Defendants Motion to Dismiss Count II of the Plaintiffs First Amended Complaint with Prejudice CA/Arop 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 oftlie PALM BEACH POST Plaintiff DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants I CASE NO DtFENDANl DAVE ARONBERG;S MOTION FOR SUMMARY FINAL JUDGMENT AND MEMORANDUM OF LAW IN SUPPORT THEREOF Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida herei1f_ter Anmbe_rg by and through com1sel below ano pursuant to Ruic IO florida Rules of Civil Procedure moves for entry of summary final judgment in his favor as to the remaining claim for Declaratory Relief in Plaintiffs First Amended Complaint and in support thereof states as follows STATEMENT OFTHE UNDISPUTED FACTS The following is a statement of facts material to this motionJor sumn1ary judgment as to which there is no genuine issue Count I of Plaintiffs First Amended Complaint hereinafter Complaint filed January seeks Declaratory Relief pursuant to Section Florida Statutes Specifically Plaintiffs Count I seeks a court order declaring that pursuant to Fla Stat Section ancl the Courts il _herent authority l11e Palm Jeach_ _Post may gai11 access to the testimony minutes and other evidence presented in to the Paim Beach County grand jury that On June this Court entered its Order Granting Defendants Motion to Dismiss Count II ofihc Plaintiffs First Amended Complaint with Prejudice CNAro PE-ffl5?iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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/Arop I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM was empaneled during the first Jeffrey Epstein hereinafter Epstein sex abuse investigation hereinafter Requested Materials Complaint pg Plaintiffaeeks.to use the Requested Materials for the purpose of informing the public Id Plaintiff seeks the above-referenced declaratory relief including copies of the Requested Materials from both Aronb rg as State Attqmey of Palm Beach Co1mty Florida and Defendant Sharon Bock as Clerk and Comptroller of Palm Beach County Florid hereinafterthe Clerk Ncither.Aronberg qor the_ Office ofthe SJat:e Attoiney for the Fifteenth Judicial Circu SAO isin control custody or possession.of the Requested Materials Aronberg Aff attached as Exhibit A The declaratory relief sought by tlie Plaintiff seeks materials that are impossible for Aronberg or the S_AO to produce Erjiibit A i Neither Aronberg nor the SAO has the legal authority to obtain and/or cleliverthe Requested Materials Exhibit A I 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 225afid correspondence this matter but also through an office Rress release and Aronbergs pu_blic soci 1l media accounK 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 IO Durip.g Aronbergs ru:l1in_istraJion neither he nor h_is office h_as accessecl gr:apdjur:y matenals from the Clerks office in th1s or any other instance Exhibit i CA/Aropft,9fflj A.l 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 Ri Civ It is appropriate to resolve a declaratory action on summary judgment when as here the decree seeks a legal interpretation of a statute Rahimi.v Global Discoveries 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 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 Dist So Fla CA/Arop eg BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM As 267provide I 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 A MEMORANDUM OF LAW I Legal Standard Governing Motions For Summary Judgment The 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 mo ihg party is entitled to a judgment as a matter of law Ruic Fla Civ It is appropriate to resQlve a df:Claratory action on summary judgment hen as here the decree seeks a iegai interpretation of a statute Rahimi Global Discoveries Ltd LLC So 3d Fla 5th DCA II The Requested Materials Can Onh Be Rcleased The Clerk Pursuant To A Court Order Notably neitherArcmberg nor the SAO is in control custody or possession of the Requested Materials Exhibit A Nonetheless pursuant to Section Horida Statutes and the Courts inherent authority Plaintiff seeks a court order declaring that Aron berg provide copies of the Requested Materials to The Palni Beach Post fot the ptirposc of informing the public Complaint pg Plainfiff i seeking claratory relief alleging its entitlem.eni to the Requested Materials pursuant to the furthering justice exception to grand jury secrecy Fla Stat Despfre bringing its declaratory relief ciaim pursuant to Section Fiorida Statutes a single part of a statute should not be read in isolation Universal Prop Cas Ins Co Loftus So Jd Fla 4th DCA Instead all parts of a statute must be read together in order to achieve a consistent whole Id quoting Forsythe Lo11gboat Key Beach Erosion Control Dist So Fla CA/Aro iA 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 scaled 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 grandjury 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 Todo 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.bascdon 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 arid 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 These facts been repeatedly made evident by Aronberg to the Plaintiff and the public through not only the pleadirigs and correspondence in this matter but also through an office press release arid 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/Arop I BEACH CouNTY FL JOSEPH ABRUZZO CLERK PM Section Florida Statutes makes clear that grand jury records iike 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 lit The stenographic records notes and transcriptions made by the court reporter or stenogtapher shall be filed with the clerk who shall keep them in.a sealed container 11ot subject fo public inspection The notes records and traliscrij tions are confidential and exempt the pro:visions ofs and a Art of ihe State Constitution and shall be released h_v the cierk on/yon request by a grand wJjfor use by the grand jwy or on order of the court pw:rnant lo Sec:tion Florida Statutes Einphasis added Text 267ontext and purpose ar:e the ordinary tools used for discerning statutory meaning with the overarching principle being that judge lack the power to construe an unan_1biguous statute in a way which would extend modify or Hmh its express tem1sor 1ts 267reasonabie and obvious impltcat1ons To do so would be an abrogation oflegisiative power Id Herc the plaii1 language of section is clear and unambiguous and therefore ccmtrols Horm1 itz Plantation G,ei1 Ho.,;p Ltd Ps/iip 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 c.ourt Thus itis apparentthat Aronberg and the SAO lack the legal authority to obtain and.deliver the Requested Materials Exhibit A Likewise the declaratory relief sought by the Plaintiff s_eeks materials that are impossible for Aronberg or the SAO to produce Exhibit A Again the Clerk has sqle 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 arid Aronbergs public social media accounts Exhibit A Although the.above-referenced statutory authority illuminates the factthat only the Clerk may release grand jury records like the Requested Materials herein it remains significant to note that neither CA/Aro fl:ffls?i ffi 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 an 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 liis favor consistent with th is 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/ArOf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Aronberg nor the 267SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded Exhibit A Hence during Aronbergs administration neither he nor his office has accessed grand jury materials from the Clerks office in this or any other instance Exhibit A i I Conclusion The ultimate facts underlying the iawsuit are not citspufo 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 fot declaratory reliefan impossibility for Arcmberg to perfonn and tllat must be denied as a matter of law WHEREFORE Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida respectfully requeststhat this motion be granted and that summary final judgment be entered in his favor tonsisterit with this 267motion and hereby respectfully requests that this Court disrniss the Compl nt with prejudice and gmnt such other relief including attorneys fee and costs this Court deems fit and proper under the circumstan CERTIFICATE OF SERVICE I HEREBYCER TIFY that on this 18th day of August a copy of the foregoing has been eletfroliitally filed Vith the Florida E-File Portal for e-setvicc ori all parties of record herein JACOBS SCl;lQLZ WYLER LLC Douglas A Wyler Arthur Jacobs Esq Fla Bar No Richard Scholz Esq Fla Bar No D9uglas A Wyler Esq Fla Bar No Gateway Blvd Suite emandinaBeach Florida Fax Primary jacobsscholzlaw comcast.net CA/Arop iJ ffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM General Counsel for the Florida Prosecuting Attorney 2s Association CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM General Counsel for th Florida Prosecuting Attorney sAssociation CA/Aro fl ihm BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT A EXHIBIT A CA/AropifEfn 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 ARON BERG 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 PA LM BEACH Before me the undersigned authority personally appeared DAVID ARONBERG being first duly sworn statesf I 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 Ela Stat and the Court 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 Plaintiff 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 declarator relief sought by the Plaintiff seeks materials that are impossible for me or my office to prod uce 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 correspondence1 in this 2matter but also through an office press release and my public social media accounts CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA.FLQRIDA HOLDINGS LLC Publisher of the ALM BEACH POST Plaintiff DAVE ARONBERG as State Attorney of Pa Im Bea.ch County Florida SHARON BOCK as Clerk a:nd Comptroller of Palm Beach County Florida Defendants CASE N9 AFFlDA VIT OF DAVID ARONBERG STATE OF FLORIDA COUNTY OF PALM BEACH Before me the un4 igned authority personally appeared DAVID ARONBERG being first duly sworn statesf I My 267ame is avid Dave Aronberg and I am the State Attorney or the FifteenthJudi"fal Circuit/Paim Beach County Florida sii:ice I and a De endant in the above-captioned matter Plaintiff is seeking declaratOI relief pursua:nfto Fla Stat i and the _Courts inherent authority allowing Plaintiff access.to the testimony minutes,.and other evidence presented in to the Palpt Be11ch County grandjury the Requested Materials and to use those materials for the purpose oHnfo,rming the public Despite PlaintifPs above-described action for declaratory.relief neither my_self n9r Office of the State Attorney for the Fifteenth Judicial Circuit SA0 is in control custody orpossessipn of the Requested Materials As such the declaratory reliefsought by the Plaintiff seeks materials that are linpossible 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 tnese facts evident to the Plaintiff nd the pubJic thrp4gh Qci 01Hy the pleadings and correspondence in tllis:niatt.er but also through an office pre release and public social media accounl5 CA l:fl,"1:iJ PALNl 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 admin istration 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 lerk pursuant to an order of the Court FURTHERAFFIANT Despite the contentions of Plaintiff rieithet TIY lf nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury 267mat rials after a criminal case.has concluded Moreover cluringmy administration nehher myself nor ID office has accessed grandjury materials from the Clerks office in this or any other instance As provided in sectioi1 CJ0S Florida Statutes the Clerk h1ts sole custody and possessign ofl:he Requested Materials which cari only be released by the Ci erk pursuant to ah order of the Court FURTHER AFHANT SA Def.Ex.A-12 CA/Arop OJX BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-12 CA/Aro.pa9J!i Ai 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 CASE NO 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 BEACH Before me the undersigned authority personally appeared DAVID ARONBERG being first duly sworn states I 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 Ela 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 lite public Despite Plaintiff 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 not only the pleadings and correspondence in this 2matter but also through an office press release and my public social media accounts CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDIClAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA.FLORIDA HOLDINGS LLC Publisher of the eALM BEACH POST Plaintiff DAVE ARQNBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk.and Comptroller of Palm Beach County,.Florida Defendants I CASE NQ AFFIDAVIT OF DAVID ARONBERG STATE OF FLORIDA COUNTY OF PALM BEACH Before me the un9e igned authority personally appeared DA YID ARONBERG being first duly sworn states I My nalne is avid Dave Aron berg and I am the State Attomt;y for the Fifteenth Judici I Circuit/Paim Beach County Florida sjrice and a De endant in the above-captioned matter Plaintiff is seeking declaratQI reljef pursuant to Fla Stat i and the Courfs inherent authority allowing Plaintiff access Jo the tes imony minutes and other evidence presented in to the alm 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 267.relief neither myself nc,r the Office of the State Attorney for the Fifteenth JudicialCircuit SAO is in control custody orpo_ssessioil of the Requested Matenals As such the declaratory relief:sought by the Plaintiff seeks inaterials that are impossible fo.r me or Ill office to produce To 267clear neither myself nor the SAO has the 242gal authC rity to obtain and deliver the Requested Materials I have repeatedly made these facts evident to the Plahitiff and the pubJic thr.bt!gh not m1ly the pleadings and correspondence in tllis:ma er but also through an office press release and my public social media accounts CA AronheJ:CkQQ tICi::-v PAI:.tvl 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 lerk pursuant to an order of the Court FURTHER AFFIANT De:Spite the contentions of Plaint_iff ri ither 11Y!ielf nor the SAO has th authority to demand thatthe Clerk grant the SAO access to grand juiymaterial_s after a criminal case.has concluded Mbreover lfiilg my administration nelthe_r myself norm office has accessed grandjwy materials from the Clerks office in this or any other instance As provided sectio Florida Statutes the Clerk has _?Ole custody and possession of the Requested Materials whi can only be released by the Cierk rsuant to irri order of the Cqurt FURTHER AFFfANT SA Def.Ex.A-13 CA/Aropj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-13 CNArcpfl8mJ Affi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Filing E-Filed PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC CASE NO Publisher of THE PALM BEACH POST I DIVISION AG Plaintiff DA VE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants PLAINTIFF CA HOLDINGS LLC 2S NOTICE OF DROPPING STATE ATTORNEY DAVE ARONBERG Plaintiff CA HOLDINGS LLC pursuant to Fla Civ hereby notifies the parties that it has dropped State Attorney Dave Aronberg from the above case Respectfully submitted GREENBERG TRAURIG P.A Attorneys for CA Florida Holdings LLC Publisher of the Palm Beach Post Stephen A Mendelsohn Esq East Las Olas Boulevard Suite Boca Raton Florida Telephone Facsimile By Stephen A Mendelsohn STEPHEN A MENDELSOHN Florida Bar No mendelsohns utlavv.com smithl utlaw.com FLSefvice gt law.com CA/Aro BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 267.Fifing E".Filed PM CA FLORIDA HOLDINGS LLC Publisher of THEPALMBEjlCHPOST Plaintiff DA VE ARONBERG as State Attorney of Palm Beach Courtty,.Florida SHARON BOCK as Clerk an_d Comptroller of Palm ea 242aunty Fioiida Defenc ants IN THE CIRC:UIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALMBEA,CH 267CQUN:IY,FLORIDA CASENO A-O MB DIVISION AG PLAINTIFF CA HOLDINGS LL NOTICE OF OROPPING STATE ATTORNEY DA VE ARONBERG Plaintiff CA HoLbrNGS,_ LLC pursuant to Fla Civ I he ebyn tifies the parties that it has dropped State Attorney Dave Aron berg from the above case 267Respectfuliy submitted GREENBERG TRAURIG P.A Auo_meysfor CA Florida Holdings _LLC Publisher of The Palm Beach Post Stephen A Mendelsohn Esq East Las Olas Boulevard Suite Boca Raton Ioriqa Teiephoile Facsimile By Isl Siephen A Mendelsohn STEPHEN A MENDELSOHN Florida Bar No mendelsohns tlaw.com smithl aiLrtla fLServicc algilaw.c CA/Aro-ptl9ffl5 1_ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM By Michael Grygiel__ MICHAEL GRYGIEL Admitted Pro Hac Vice State St 6th Floor Albany NewYork Telephone Facsimile grvgielm gtlaw.com By Nina Bavarian_ NINA BOYAJIAN Admitted Pro Hac Vice Century Park East Suite Lbs Angeles California Telephone Facsimile bovai iarin gtlaw.com ri veraal gtlaw.com CERTIFICATE OF SERVICE THEREBY CERTIFY that on this 21st 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 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM By Isl Michael Grygiel MICHAEL GRYGIEL Aqmifted Pro Hae Vic_e 267State St 6th floor Albany Ne York Telephone Facsimi"ie grvgielm aigtla coi1l By Isl Niita Bovaiian NINA BOYAJIAN Admitted Pro lfcl Vice Century Park East Suite I LosAng 2421esCalifomia9Q06.7 Telepnone JI Facshni"le bovaj iarii1 gtlaw coin riveraall gtlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day of October a_ true and correct opy 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 fqr all_ parties ofrecQrd herein Isl Stepheii A Mendelsohn ST PH_EN MENDELSOHN ACTIVE CA/Arcp iJ Ri BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-14 CA/ArOfft 256BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Def.Ex.A-14 CA/Aro ft:ffl5?i 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 CASE NO DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants DEFENDANT DAVE ARONBERG 2S AMENDED MOTION FOR ATTORNEYS FEES Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida by and through the undersigned counsel hereby moves this Honorable Court pursuant to Rule Fla Civ to enter an award of attorneys fees in his favor against Plaintiff CA FLORIDA HOLDINGS LLC publisher of the PALM BEACH POST and in support thereof states the following BASIS FOR AWARDING ATTORNEYS FEES On November CA FLORIDAHOLDINGS LLC publisher of the PALM BEACH POST 223Plaintiff filed a complaint against DAVE ARONBERG as State Attorney of Palm Beach County Florida the 223State Attorney or 223Defendant Aronberg and SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida the 223Clerk The basis of the action was asking the Court to order the State Attorney and the Clerk to disclose the Jeffrey Epstein grand jury materials the 223Requested Materials pursuant to Fla Stat CA/Aroptffl;0 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH C:OUNTY,fLQRIDA CA FLORIDA HOLDINGS LLC Publisher of the PALM BEACH POST Plaintiff DA VE AROI TBERG as State Attorney of Palm ijeach County fl_qricia S_HARON BOCK as Clerk and Comptroller of Palin Beach County Florida Defendants I CASE NO DEFENDANT DAVE ARONBERGS AMENDED MOTION FOR ATTORNEYS FEES Defendant DAVEARONBERG as State Attorney of Palm Beach County Fforida,by and through the undersigned counsel hereby 267moves this Honorable Court pursuant fo Rule Fla Civ to enter an award of attorneys fees in his favor against Plaintiff CA FLORIDA HOLDINGS LLC publisher of the fALM BEACH POST and in support thereof states the following BASIS FOR A VARDING ATTORt IEYS FEES On November CA FLORIDA HOLDINGS LLC publisher ofthe PALM BEACH POST Plaintiff filed a con1plaint against DAVE ARONBERG as State Atton1ey of Palm Beach County Florida the State Attorney or"DefendantAronberg and SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida the Clerk The basis of the action was asking the Court to order the State Attorney and the Clerk to disclose the Jeffrey Epstein grand jury materials the Requested Materials pursuant to fla Stat CNAro lfl5?iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM On December the State Attorney filed his Motion to Dismiss then on December the Clerk also filed a Motion to Dismiss In response Plaintiff filed its First Amended Complaint on January which in addition to its original claim under Fla Stat Count II added a claim for Declaratory Relief Count I that sought an order declaring that the State Attorney and the Clerk disclose the Requested Materials to Plaintifbr the purpose of informing the public On January both the State Attorney and the Clerk filed their Answer to the First Amended Complaint and Motion to Dismiss Count 223Answer/Motion to Dismiss Notably the State Attorney 2s Answcr/.Motion to Dismiss asserted its righf to attorneys fees for defending the action and requested such relief from the Court On June the Court entered its Order Granting Defendants Motions to Dismiss Count II of Plaintiff 2s First Amended Complaint with Prejudice 223Order Immediately following the Court 2s Order on June the State Attorney through the undersigned counsel served Plaintiff with a demand pursuant to Fla Stat to voluntary dismiss/withdraw the First Amended Complaint and the claims against the State Attorney along with a Motion for Attorneys Fees Demand See Exhibit Specifically because of the Court 2s Order only Count of Plaintiffs Amended Complaint remained which sought Declaratory Relief under Fla Stat Here 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 the remainder of its First Amended Complaint within days of service of the Demand and Motion for Attorneys Fees BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM On December the State Attorney filed his Motion to Dismiss then on December the Clerk also filed a Motion to Dismiss In response Plaintiff filed its First Amended Complaint on January which in addition to its original claim under Fla Stat Count II added a claim for Declaratory Relief Count I that sought an order declaring that the State Attorney and the Clerk disclose the Requested Materials to Plaintiff for the purpose of in.formir the public On Ja:nuary both the State Attorney and the Clerk filed their Answer to the First Amended Complaint and Motion to Dismiss Count IT Answer/Motion to 267Dismiss Notc:i:bly the State Attorn_ey Answer/Motion fo Dismiss sserted its right to attqmeys fees for defending the action and requested such relief from tlie Court On June the Court entered its Order Granting Defendants Motion to Dismiss Count II of Plaintiffs First Amended Complaint with Prejudice Order Immediately following the Courts Order on June the State Attorney through the undersigned counsel served Pfaintiff with a demand pursuantto Fla Stat to voluntary dismiss/withdraw the First Amended Complaint and the claims against the State Attorney along with a Motion for Attorneys Fees Demand See Exhibit A Specifically be_cause of the Courts Order only Count I of Plaintiffs Amended Complaint remained which sought Declaratory Relief under Fla Stat Here 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 the remainder of its First Amended Complaint within days of service of the Demand an.d Motion for Attom.eys Fees CA/Arcp:fL BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM On June Plaintiff 2s counsel sent a response to the Demand refusing to withdraw the remainder of the First Amended Complaint See Exhibit Florida Statutes states the following 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 hot withdrawn of appropriately corrected Accordingly after receiving Plaintiff 2s June response refusing to withdraw the remainder of the First Amended Complaint and waiting the prerequisite days after service of the motion the State Attorney 2s Motion for Attorneys Fees was filed with this Court on July See Exhibit Thereafter on August the State Attorney filed his Motion for Summary Judgment 223Motion and proceeded on October to file a Motion to Set Hearing on the State Attorney 2s Motion 223Motion to Set after it became lear that there would be no resolution of this matter without the Court 2s intervention Nonetheless later the same day rather than setting and participating in a hearing bn the merits as to State Attorney 2s Motion,Plaintiff filed its Notice of Dropping the State Attorney 223Notice from the instant case See Exhibit As a cpnsequence of filing its Notice Plaintiff has effectively made an admission that its allegations against the State Attorney have no basis in fact of law essential distinction between a notice of dropping a party and a voluntary dismissal is that the former concludes the action as to the dropped party while the latter is generally utilized to conclude action in its entirety Carter Lake County So 2d Fla 5th DCA CA/Aropft Opi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM On June Plaintiffs counsel se_nt a response to the Demand refusing to withdraw the remainder of the First Amended Complaint See Exhibit Florida Statutes states thefollowing A motion by a party seeking sa.nctions under this s_ectfon must be served but may not be filed with o:rptesented to the court unless Vithin days aftet servke of the motion the challenged paper claim defense contention allegation ot denial is Mt withdrawn or appropriately corrected Accordingly after receiving Plain.tiffs June resp-011s_e re:6,Jsing to withdraw the remainder of the First 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 I See Exhibit I Thereafter on August the State Attorney filed his Motion for Summary Judgment Motion and proceeded on October file a.Motion to Set:Hearing on the State Attorneys Motion Motion to Set after it became clear that there would be no resolution of this matter without the Court;s intervention Nonetheless J,3.ter the same day i;-atp.er than setting and participating a hearj11g on the.merits asto State Attorneys Motion,.Plaintiff filed its Notice ofDropping the State Attorney Notice from the instant case See Exhibit As a.consequence offiling its Notice Plaintiff has effectively made an admission that its allegations against the State Attorney have no basis in fact or law An essential distinction between a notice of dropping t1 party and a voluntary dismissal is that the former concludes the action as to the dropped party whilethe latter is generally utilized to conclude the action in its entirety Carter Lqke County So 2d Fla _5th DCA CA/Aro-pfl9Et ALWI BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM a Specifically Plaintiffs Notice states 223Plaintiff sic pursuant to Fla Civ hereby notifies the parties that it has dropped State Attorney Dave Aronberg from the above case Rule Fla Giv states Dropping Parties Parties may be dropped by an adverse party in the manner provided for voluntary dismissal in rule a subject to the exception stated in that rule If notice of lis pendens has been filed in the action against a party so dropped the notice of dismissal shall be recorded and cancels the notice of lis pendens without the necessity of a court order Parties may be dropped by order of court on its own initiative or the motion of any party at any stage of the action on such terms as are just Rule a Fla Civ Voluntary Dismissal states By Parties Except in actions in which property has been seized or is in the custody of the court an action a claim or any part of an action dr claim may be dismissed by plaintiff without order of court A before trial by serving or during trial by stating on the record a notice of dismissal at any time before a hearing on motion for summary judgment or if none is served or if the motion is denied before retirement of the jury in a case tried before a jury or before submission of a honjuiy case to the court for decision or by filing a stipulation of dismissal signed by all current parties to the action Unless otherwise stated in the notice or stipulation the dismissal is without prejudice except that a notice of dismissal operates as an adjudication on the merits when served by a plaintiff who has once dismissed in any court an action based on or including the same claim Notably 223Rule expressly incorporates the procedural aspects of Florida Rule Of Civil Procedure a governing voluntary dismissal by providing that parties may be dropped the manner provided for voluntary dismissal in rule a subject to the exception stated in that rule Siboni Allen So 3d Fla 5th DCA Likewise because Rule specifies that a party is dropped the manner provided for voluntary dismissal in Rule a the Siboni court concluded that 223the manner includes the same entitlement to costs and attorney 2s fees which would have been enjoyed had the dismissal occurred entirely under Rule a Id at CA/Ar 260fteSb9KOl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Specifically Plaintiffs Notice states Plaintiff sic pursuant to Fla Civ hereby notifies the parties that it has dropped State Attorney Dave Aronberg from the above case Rule Fla Civ states Dropping Parties Parties may be dropped by an adverse party in the manner provtdedjor voluntary dismissal in rule a subject to the exception stated in that rule If notice oflis pendens has been filed in the action against a party so drQpp the notice of dismissal shall recordt;cl and 1cels the 11otice of Jjs pendens withourthe necessity ofa court order Parties may be dropped by order of courf on ifs own initiative orthe motion of any party at any stage of the action on such tehns as are just Rule a Ha Civ P.;VoluntaryQjsmjssal st,J.tes By Parties Except ii1 actions in vhich property has been seized ot is in the custody of the court an action a claim or arty part of an action ot claim may be dismissed by plaihtiff withoutorder of court A before trial by serving or during trial by stating on the record a notice of dismlssal at anytime before a hearing on moti_on for summa_ryjudgrn.ent or ifoone is serv or if the 1otionis clelliecl before retirement of thejury in a case tried before a jury or before submission of a hon jury case to the court for decision or by filing a stipulation of dismissal signed by all current parties to the action Unless otherwise stated in the notice or stipulation the dismis al is without prejudice except that notice ofdismissa_l op?rates as adjudicatiqn Qn the merits wlu;n s.eryed by plaintiff fiqs onc_e dismissed in a11y coun an actiol1 ba edo11 inch1di11g the saie claii11 Notably R:ule expressly incorporates the procedural aspects of Florida Rule of Civil Procedure a governing volunt J.ry disl 1issal by providing that-parties may be dropped in the maimer provided fot volw1tary dismissal in tule a subject to the exception stated in that rule Siboniv Allen So 3d Fla 5th DCA Likewise because Rule specifies that a party is dropped in the manner provided for-voluntary dismissal in Rule a the.Szboni court concluded that the manner includes the same entitlementto costs and attorneys fees which would have been enjoyed had the dismissal occurred 267ntirely under Rule a Id dt CNAro ifl5?iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Accordingly the Siboni court held that a 223party dropped from litigation under rule is subject to the time limitation contained in rule governing service of a motion seeking a judgment for costs and attorney 2s fees Id Although Plaintiff filed its Notice the claims asserted by Plaintiff have been since the filing of its initial complaint completely without support of the facts or the law At their very core all of Plaintiff 2s claims are based on the presumption that the State Attorney has the authority to disclose the Requested Materials Nonetheless Section Florida Statutes makes clear that Plaintiff 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 arid transcriptions are confidential and exempt from the provisions ofs and a Art I of the State Constitution and shall be released bv 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 The State Attorney has no objection to the Clerk producing and disclosing the Requested Materials should the Court grant an order to that effect however it is impossible for the State Attorney to comply with the relief sought by Plaintiff in its remaining claim for declaratory relief as he does not possessor control the Requested Materials and is statutorily barred from any disclosure Although the State Attorney was prepared to make his argument to the Court Plaintiff decided instead to drop him as a party Despite Plaintiff 2s decision the Florida Rules of Civil Procedure and the above authorities make clear that because Rule specifies that a party is dropped the manner provided for voluntary dismissal in Rule a it therefore 223operates as an adjudication on the merits See Siboni Allen So 3d Fla 5th DC A Rule a Fla Civ CA/Ar0fft 260MOl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Accordingly the Sibo11i cm1rt held that party dropped from litigation under rule is subject to the time limitation contained in mle governing service ofa motion seeking a judgment for costs and attornets fees Id Although Plaintiff filed its Notice the claims asserted by Plaif1tiff have been since the filing of its initial complaint completely without support of the factS or the law At their very cqre all of Plaintiffs ch1ims are based or1 the presumption the State Attorney bas the authority to disclose the Requested Materials Nonetheless Section Florida Statutes makes clear thalPlaintiffs Requested Materials can only be released by 267the Clerk pursuant to a court order Tbe stenograpbic records notes a11d transcriptions de by the court reporter or stenographer shall be filed witb the clerk who shall keepthem_in a sealed container not subject to public inspection The ilotes reco!ds aiid rraiiscNjitions aie confidential andexemptf,-om the provisions ands a Art of t/2e State Constitution and sh ail be released bv the clerk on on request by a grand jwy foruse by the grandjwy or on order ofthe courtpursuantto Section Florida Statutes The State Attorney has no objection to the Clerk producing and disclosing the Requested Mat rjals should the Court grant order to that effect h.owev jt is impossible for the State Attorney to comply with the relief sought by Plaintiff in its remaining claim for declaratory reliefas he does not possess.or i;ontrol the Requested Materials and is statutorily barred from any disclosure Although the State Attorney was prepared to make his argunierit to the Court Plaintiff decided i11stead to drop him as a party Despite Plaintiffs decisioII tbe Florida Rules of Civil Procedure and the above authorities make clear that because Rule specifies that a party is dropped in the manner provided for voluntary di missal in Rule I a it therefore operates as an adjudication on the merits See Siboni Allen So 3d Fla 5th DCA Rule JA20 a Fla Civ CA/Arop iJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Consequently the filing of Plaintiffs Notice triggered Rule Fla Civ and therefore Under 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 223Courts 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 223shall 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 223shall assess attorney 2s fees for bringing of failing to dismiss baseless claims of defenses In fact 223Section clearly and explicitly confers upon the trial court the authority to award attorneys fees to the prevailing party upon the courts initiative if 221the 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 was not supported by the material facts necessary to establish the claim or defense Koch Koch So 3d Fla 2d DCA The simple fact of the matter is that Plaintiff failed to witlidraw its Amended Complaint against the State Attorney within the 21-day period provided for in section and therefore the State Attorney was permitted to file his Motion for Attorneys Fees as sanctions Furthermore based on the impossible nature of Plaintiff demand of the State Attorney it was proper to demand withdrawal of Plaintiff remaining claim for declaratory relief CA/Aropj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Consequently the filing of Plaintiffs Notice ttigger Rule Fla Civ and therefore Under the legislature has expressed its unequivocal intent that where a party files a meritless claim suitor 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 c1t Hberty to ciisregard the legislati_ve mandate tl:iat courts shall impose smictioiis in cases without foundation in material fact or law The word shall in I Fla Stat evidences theJeg1slative intent to impose a mandatory penalty to discournge baseless claims by placing a price tag o_nlosing parties who 11gage in these a,ctivities Sectio_n expressly states courts shall assess attorneys fees for bringing or failing to dismiss baseless claims or defenses_ In fact Section clearly and explicitly confers upo1i the frial court the authority to award attorneys fees to the prevailing party upon the courts initiative if the court finds that the.Josing party knew or should have known that a c_laim or defense when initi lly presented to the court ot at a,1y time before ttiril was not supported by the material facts necessary to establish the claim or defense Koch Koch So 3d Fla 2d DCA 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 and therefore the State Attorney was p-ermitted to file his Motion for Attorn 267eys Fees as sanctions Furthermore based on the impossible nature of Plaintiffs demand of the State Att0Ii1ey it was properto demand vithdrawal of Plaintiffs reniaining claim for declaratory relief CA/Aropft:m5?il BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM and serve the Motion for Attorneys Fees due to Plaintiffs claimlacking any basis in fact or law Again neither the State Attorney nor his office has possession custody dr 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 Consequently the State Attorney is entitled to recover all of his reasonable attorneys fees in defending this suit by virtue of Florida Statutes REASONABLENESS AND AMOUNT OF ATTORNEYS FEES From the service of the Demand to the date of this motion the attorneys for the State Attorney have rendered hours of legal sendees for a total amount of in defending this action See time sheets detailing the amount of hours by each timekeeper the timekeeper 2s hourly rate and a description of the tasks done during those times on attached Exhibit Of that amount the undersigned has been paid as the engagement with the State Attorney is on a pure contingency fee basis The undersigned expects to incur an additional hours at an hour in preparing for and attending the hearing on attorneys fees Thus the total amount of hourly attorneys fees the State Attorney is seeking is hours for a total of As further set forth below the State Attorney also seeks a multiplier of which when applied makes the grand total attorneys fees as sanctions sought herein An Affidavit of Attorneys Fees is attached hereto as Exhibit which details and breaks down the attorneys fees sought herein CA/Ar0Pte Pilt BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM a_nd serve the IQS Motion for Attorneys Fees due to Plaintiffs clai1Jackihg any basis in fact or law Again 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 objectio 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 Consequently the State Attorney is entitled to recover all of his reasonable attorneys fees in defending this suit by virtue Florida Statutes REASONABLENESS AND AMOUNT OF ATTORNEYS FEES From the service of the Demand to the date of this 1notiori the attorneys for the State Attorney have rendered hours of legal servkes for a total amount of in defending this action See time sheets detailing the amm1nt of hours by each timekeeper the timekeepers hourly rate and a description of the tasks done during those times on attached Exhibit Of that amount t_he U11dersigned has be.en paid as ti1e engagement with the State Attorney is on a pure contingency fee basis The undersigned expects to incur an additional hours at an.hour in preparing for and attending the 267hearing on attorneys fees Thus the total amount of hourly attorneys fees the State Attorney is seeking is hours for a total of As further set forth below the State Attorney also seeks a multiplier vhich when applied makes the grand total attorneys fees as sanctions sought herein An Affidavit of Attorneys Fees is attached hereto as Exhibit Which details and bteaks down the attorneys fees sought herein CA/AroPfL9EtP Ai BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The State Attorney would offer the following facts and arguments as they relate to the factors promulgated in Rule of the Rules Regulating the Florida and Florida Patient 2s Compensation Fundv Rowe So 2d Fla Factor Facts and Arguments A the time and labor required the novelty complexity and difficulty of the questions involved and the skill requisite to perform the legal sendee properly The time involved by counsel was substantial consuming nearly hours of legal work Moreover the issues i controversy were novel and complex in that Plaintiff sought to create a new private Statutory cause of action under Florida Statute implicated several 1st Amendment issues and further sought declaratory relief pursuant to said Statute Finally this litigation has been ongoing for nearly a year and required skill and knowledge in these areas of the law the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer Because of the amount of time involved in this litigation and considering the relative small size,of the firm representing the State Attorney the undersigned attorneys were forced to turn away or delay representing other clients especially during critical stages of the litigation due to time required in the instant matter the fee or rate of fee customarily charged in the locality for legal services of a comparable or similar nature The base fees consisting of for Mr Wyler 2s sendees and for Mr Jacobs services are reasonable for lawyers in their respective communities possessing equal experience and Skill the significance of or amount involved in the subject matter of the representation and the results obtained The outcome of this case is of great public significance to the State of Florida as it pertains to the disclosure of grand jury records and the role of the State Attorney concerning such disclosure Here the results obtained were the maximum sought by Defendant Aronberg as he was dismissed from the case albeit not within the time constraints of the safe-harbor provision withih Fla Stat the time limitations imposed by the client or by the circumstances and as between attorney and client any additional or special time demands or requests of the attorney by the client There were not any extraordinary limitations imposed by the client however Defendant Aronberg expected and received zealous representation with the desire that the case be dispensed of quickly and efficiently the.nature and length of the professional relationship with the client As general counsel for the FPAA the undersigned counsel has represented Defendant Aronberg since the beginning of his tenure as State Attorney in civil matters throughout the State of Florida as well as matters before the Florida Legislature CA/Arop I I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The Statt Attorney wottld offer the following facts and arguments as they relate to the factors promulgated in Rule of the Rules Regulating the Florida Bar and Florida Patients Compensation Fund Rowe So 2d i Fla Factor A the time and labor required the 110velty compJexity a11cl difficulty of the qffestions involved and the skill requisite to perform the legal service properly the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer the fee or rate of fi;i Gusto1arily charged in the locality for.legal ervices of a comparable or similar nature the significance of or amount involved in the subject matter of the representation and the results obtained the time limitations imposed by the cHent or by the circumstances and as between attorney and client any additional or special time demands ot requests the attorney by the dient FJ the 267.natureand length ofthe professional relationship with the client Facts and Arguments The time involved by ounsel was substantial consuming nearlr hours of legal work Moreover the issues it1 controversy were novel ancl complex in_ th tPlaintiff soughtW ate a new priyate statutory cause ofaction underflorida Statute implicated several 1st Ainendnierit issues and further sought declaratory relief pursuant to said Statute Finally this iitigation has been on oing:for nearly a year and required skill and knowledge in these areas of the la:w Because the amount of tinie involved this litigation and considering therelative small size.of the fom representing the State Attorney the unden;igned attorney were forced to tum away or delay representing other clients especially during critical_ s_tages pf the litigation due to time required in the instant matter The base fees consisting of for Mr Wylersservices for ML J_acobs services are reaso11able for lawyers in their respective communities po,ssessing equal experience and skill The out orne of this case is ofgre public significance to the State of Florida as it pertains to the disclosure of grand jury re ords and the role of the State Attorney concerning such disclosure Here the results obtained were the maximum sought by Defendant Aronberg as he was dismissed from the case albeit not within the time constraints of the safe;..harbor provisionwithfo Fla Stat Therewere not any extraordinary limitations imposed by the client however Defendant Aronberg expected and received zeaious representation with the desire that the case be dispensed of quickly and efficiently As general counsel for the FP AA the undersigned counsel has represented Defendant Aronberg since the beginning of his tenure as State Attorney in civil matters throughout the State ofFiorida as well as matters before the Florida Legislature CA/AropilS ihiW BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM the experience reputation diligence and abil ity of the lawyer or lawyers performing the service and the skill expertise or efficiency of effort reflected in the actual providing of such services This representation required experience in a field available to few lawyers which included defending the State Attorney from claims of a rriedia entity and lawyers from multiple states regarding tire release of information with a nationwide interest Accordingly the undersigned counsel conducted the representation with skill and efficiency wherein Defendant Aronberg was dismissed from the action prior to any hearing on the merits before the court whether the fee is fixed or contingent and if fixed as to the amount dr rate then whether the client 2s ability to pay rested to any significant degree on the outcome of the representation The fee arrangement herein was entirely contingent wherein obtaining a fee was conditioned upon prevailing and obtaining an order awarding fees JUSTIFICATION FOR MULTIPLIER Defendant Aronberg was able to proceed with tins litigation only if counsel would receive a court order awarding contingency based attorneys fees upon achievement of a successful outcome in this case See Exhibit Given this and the fact that counsel risked a total of hours of work for no pay of which hours is subject to the Demand Defendant Aronberg submits that multiplier of would be appropriate in this case Based upon the hours expended the hourly rates arid a multiplier Deferidant Aronberg respectfully requests an award of attorneys fees as sanctions as stated herein With regard to the application of a multiplier the court must analyze the three factors set forth in Standard Guaranty Insurance.Co.v Quanstrom So 2d Fla whether the relevant market requires a contingency fee multiplier to obtain competent counsel whether the attorney was able to mitigate the risk of nonpayment in any way and whether any of the factors set forth in Rowe are applicable especially the amount involved the results obtained and the type of fee arrangement between the attorney and his client See Citizens Prop Ins Corp Pulloquinga So 3d Fla 3d CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM the experience reputation diligence and ability of the lawyer or lawyers performing the servjce and tll skill expertise o:r efficiency of effort reflected irt the actual providing of such services whether the fee is fixed or contingent and if fixed as to the ainouiit or rate then whether the clien_t abili.ty to pay rested to any significant degree on the outcome of the representation This representation required experience in a field available to few lawyers which included defending the State Attorney from claims of a media entity and lav.ryers from multiple states regarding the release of information with a nationwide i11terest Accordingly the undersigned cou11sel coni:iucted th.e representation with sk,ill and efficiency wherein Defendant Aronberg was dismissed from the action prior to any hearing on the merits before the court The fee arrangement herein was entirely contingent wherein obtaining a fee,was conditioned upon prevailing and obtaining an ordet awardii1gfees JUSTIFICATION FOR MULTIPLIER Defehdant Atonberg was able to proceed with this litigation only if counsel would recejve a court prger bl Warding co.ntingency baseci attorneys es upon achjevement of a,s 265ccessful outcome in this case See Exliiliit Given this and the fact that counsel risked a total of hours of work for no pay of which hours is subje to the Demand Defendant Aronberg subrnits that multiplier of would be appropriate in this case Bi!sed upon the hours expended the hourly rates and a multiplier Defendant Atonbetg respectfully requests an award of attorneys fees as sanctions as stated herein With regard to the application of a multiplier the court must analyze the three factors set forth in Standard Guaranty Insurance Co Quanstrom So 2d Fla whether the relevant market requires a c;:ontingency fee multiplier to obtain competent counsel whether the attorney was able to mitigate the risk of nonpayment in any way and whether any ofthe factors setforih in Rowe are applicable especially the amount involved the results obtained and the type of fee arrangement between the attorney and his client See Citizens Prop Ins Corp Pulloquinga So 3d Fla 3d DCA CA/Arapil BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Here as to the first factor there was no other counsel in the relevant market who would agree to represent Defendant Aronberg under the contingency fee agreement needed due to the financial situation of the Office of the State Attorney as a public entity funded entirely by the taxpayers of the State of Florida Although 223Risk Mitigation within the Florida Department of Financial Services and the Office of the Attorney General indeed represent the State Attorney in some instances this case was not picked up by either and Defendant Aronberg was left needing representation by other private counsel Although the undersigned counsel arid his law firm are General Counsel for the Florida Prosecuting Attorneys Association Inc 223FPAA the instant matter did not fall within the scope of representation for the FPAA and required a separate engagement between Defendant Aronberg and the undersigned counsel Accordingly the undersigned counsel and his law firm agreed to represent Defendant Aronberg on a contingency fee basis and to try the case to final judgment considering that there was nd other counsel willing to represent Defendant Aronberg on such terms With respect to the other factors to be considered in applying a multiplier as set forth in Qudnstroin here Defendant Aronberg was unable to mitigate against non-payment of fees because as a purely taxpayer funded entity the Office of State Attorney had no other means by which to pay the undersigned counsel Additionally Defendant Aronberg meets each of the individual Rowe factors as set forth in the table located above oh pages Accordingly based on the foregoing the application of a multiplier herein is proper In this vein the Rowe court set guidelines for the size of a multiplier as follows Based on our review of the decisions of other jurisdictions and commentaries bn the subject we conclude that in contingent fee cases the lodestar figure calculated by the court is entitled to enhancement by an appropriate contingency risk multiplier in the range from to When the trial court determines that success was more likely than not at the outset the multiplier should be when the likelihood of success was approximately even at tile outset the multiplier should CA/Aropj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Here as to th_e first factor there was np other counsel in the relevant market who would agree to represent Defendant Aronberg under the contingency fee agreement needed due to the financial situation of the Office of the State Attorney as a public entity funded entirely by the taxpayers of the State of Florida Although Risk Mitigation within the Florida Department of Financial Services and the Office of the Attorney General indeed represent the State Attorney i some instam es thii ca was not picked up by ither and Defenclant A_ronberg left needing representation by other private counsel Although the unders 267igned counsel a:nd his law firm are General Counsel for the Florida Pro ecuting Attorneys Association Inc FP AA the instant watter did not fall within tbe scppe of representation for the FP aIId required a separate engagement between Defendant Atonberg and tlie undersigned counsel Accordingly the undersigned counsel and his law firm aweed to represent Defendant Aronber on a contingency fee basis and to try the case to final judgment considering tharthete was_ no other counsel willing to represent Defendant Aronberg on such terms With respect to the other fi1ctors to be cons.idered in applying a multipS!ier as s.et forth in Qumistiofn here Defendant Aron_berg was unable to mitigate against non-payment of foes because as a purely taxpayer funded entity the Office of State Attorney had no other means by which to pay the undersigned counsel Additionally Defendant Aronberg mee.ts each of the individual Rowe factors as set forth in the table located above on pages Accordingly based on the foregoing the application of a muitiplier herein is proper In this vein the Rowe court set guidelines for the size of a nfultiplier as follows Based on our revie.w of the decisions of other jurisdictions and commentaries on the subject we conclude that in contingent fee cases the lodestar figure calculated by the court is entitled to enhancement by an appropriate contingency risk multiplier in the range frorn to When the trial court detem1inesthat success was more likely than not at the outset the multiplier should be when the likelihood of success was approximately even at the outset the rrmltipJier should CA/Aropff3ffi5?iAt BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM be and when success was unlikely at the time the case was initiated die multiplier should be in die range of to Florida Patient 2s Compensation Fund Rowe So 2d Fla Additionally the Ouanstromcourt confirmed and modified the Rowe approach as follows However we find that the multiplier in Rowe should be modified as follows If the trial court determines that success was more likely than not at the outset it may apply a multiplier of to if the trial court determines that the likelihood of success was approximately even at the outset the trial judge may apply a multiplier of to and if the trial court determines that success was unlikely at the outset of the case it may apply a multiplier of to Accordingly bur Rowe decision is modified to allow a multiplier from to Standard Guaranty Insurance Co Ouanstrom So 2d Fla Thus based upon all of the foregoing factors Defendant Arohberg respectfully submits that a multiplier of is appropriate for this representation CERTIFICATION OF GOOD FAITH EFFORT TO RESOLVE The undersigned certifies that a good faith effort was made to resolve the issues raised in this motion by agreement of the parties The parties were unable to resolve by agreement the issues of entitlement to fees or the amount of fees WHEREFORE Defendant DAVE AROHBERG as State Attorney of Palm Beach County Florida prays that this Honorable Court will enter an Order awarding Defendant Aronberg his reasonable attorneys fees with a multiplier of against the Plaintiff CA FLORIDA HOLDINGS LLC publisher of the PALM BEACH POST in the amount of CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of November a copy of the foregoing Defendant Dave Aronberg 2s Amended Motion for Attorneys Fees has been electronically filed with the Florida E-File Pdrtalfdr e-service all parties of record herein CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM be Ild when success was unlikely at the time the case was initiated the multiplier 267sbould be in the range of to Florida Patients CompensationPundv Rowe So 2d Fla Additfonally tbe Quan trom co1..ll1 _confjn:ned and mo.dified tbe Rowe approach However we find tliat the multiplier in Rowe should be modified as follows If the trial court determines 267that success was more likefy than not at the outset it may apply a multiplier of to if the tri J,l court detern:un.es tlw.t the likelihood of success was approximately even atthe outset thetrialjudge may applya multiplier of to and if the trial court determines that success was unlikely at the outset of the case it inay apply a multiplier to Accordingly out Rowe decision is modified to allow a multiplier from to Sti1da,:d Guaia11ty Jn.,;utance Co Qua11stioi11,5 So 2d Fla Thus based upon all ofthe foregoing factors Defendant Aron berg respectfully submits that a multiplier is appropriate for this representation CERTIFICATION OF GOOD FAITH EFFORT TO RESOLVE The undersigned certifies that a good faith effort was made to resolve the issues raised in this motioQ by agreernent Qf tbe parties The parties were unable to resolve by agreement the issues of entitlement to fees or the amount of fees WHEREFORE Defendant DAYE ARONBERG as State Attorney of Palm Beach County Florida prays that this Honorable Court will enter-an Order awarding Defendant Aronberg his reasonable attorneys fees with a multiplier of against tlie Plaintiff CA FLORIDA HOLDINGS_ LLC publisher ofthe PALM BEACH POST in the amount of CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of November a copy of the foregoing Defendant Dave Aronberg Amended Moti.on for Attorneys Fees has been electronically filed with the Florida E"."File P6rtaLfor e-service on all parties ofrecord herein CA/Arop:ft8E AL BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM JACOBS SCHOLZ WYLER LLC s/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 I Fernandina Beach Florida Fax Primary jacobsscholzlaw comcast.net Attorneys for Defendant Dave Aronberg CAMropfggfcO BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM JACOBS SCHOLZ WYLER LLC Isl Doug/a.c A Wyler Arthur1 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 comcastnet AtiorneysjQr Defendani Daye Aronberg CA/Aropffl5?ihi2M BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT A EXHIBIT A CA/Aro?fi:ffi5?iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Friday September Eastern Daylight-Time Subject SERVICE OF COURT DOCUMENT CASE NO CA FLORIDA HOLDINGS LLC DAVE ARONBERG Friday l,o Easte Dayligh1Jime Subject Date From SERVICE OF COURT DOCUMENT CASE NO CA FLORIDA HOLDINGS LLCV DAVE THE LAW OFFICES OF JACOBS ASSOCIATES P.A ARTHUR-1 JACOBS Jacobs Scholz Wyler iac A LIMITED LIABILITY COMPANY OF PROFESSIONAL ASSOCIATIONS ATTORNEYS AT UAW GATEWAY TO AMELIA GATEWAY BLVD SUITE 2OI-I Fernandina Beach Florida TELEPHONE FAX NO RICHARD SCHOLZ P.A RICHARD SCHOLZ DOUGLAS A WYLER P.A DOUGLASA WYLER June VIA ELECTRONIC U.S MAIL Stephen A Mendelsohn Esq Greenburg Traurig P.A Town Center Circle Suite Boca Raton FL RE CA Florida Holdings LLC Dave Aronberg et al Palm Beach County Case No Dear Mr Mendelsohn As you are aware our firm represents the interests of Dave Aronberg 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 221Complaint dated January This demand is made pursuant to section Florida Statutes As you know Section-363.6 provides Upon the court 2s initiative or motion of any party the court shall award a reasonable attorney 2s 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 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 dr defense or Would not be supported by the application of therirexisting law to those material facts Today Judge Marx granted with prejudice Defendant Aronberg 2s Motion to Dismiss Count II of the Plaintiff 2s Complaint Pursuant to the Court 2s ruling the Plaintiff 2s only remaining cause of action consists of Count 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 CA/AropfjgjO BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM JACOBS SCHOLZ WYLE LLC A LiMITEO LIABILITY COMPANY OF PROFESSION,._L ASSO.CIATI.ONS ATTORNEYS AT LAW GATEWAY TO AMtUA THE.LAW OFFICES OF JACOBS ASSOCIATES P.A ARTHUR JACOBS ATEWAY BLVD SUITE FERNA.-.l INA BEACH FLoRIDA VIA ELECTRONIC U.S MAIL Stephen A Mendelsohn Esq Greenburg Traurig P.A To Center Circle Suite Boca Raton FL TE_LEPI-IONE FAX NO RE CA Florida Holdings LLC Dave Aron berg et al Palm Beach County Case No Dear Mr Mendelsohn RICHARD j_.sci-lOLZ P.A RICHARD SCHOL OOUGL.AS A WYLER P.A DOUGLAS A WYLER As you are aware our firm represe 267nts the interests ofDave Aron berg as State Attorney of Pahn Beach County Florida in the above referenced matter The purpose of this letter is to demand the voluntary dismissal of your Fi_rst Amended Complaint the Complaint dated January This demand is 1ade pursuant to section I Florida _Statutes As you know Section provides I Upon the courts initiative or motion of any party the court shall a iard 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 Jat the losing pa.rty or the losing party;s attorney knew or should have known that a claim Qr defense when initii 274lly 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 ncit be supported by the application of theri,-existing law to those material facts Today Judge Marx granted with prej11dice Defen:dant Aronbergs Moiiqn to Dismis Count JI of the Plaintiffs Complaint Purs11ant to the Col!rfs ruling the Plaintiffs only remaining cause of action cor:isists qf Count for cl?r tQry Re fief Accordingly we befieve that the Complafot filed herdn and its sole remai.ning Count for Declaratory Relief is not supported by the ri-iaierial facts necessary to establish the claims asserted and that your claims are not supported by the application of current law to said material facts CNAro Wt BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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 dr 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 hot a proper party to this action because no matter what heand 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 erand jury testimony afforded such persons by the court can only be used in the defense or prosecution of the civil dr criminal case and for no other purpose whatsoever Moreover even if the Plaintiff were to prevail in the declaratory action Mr Aronbergwould 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 Attorney 2s Fees will be filed and we will seek as sanctions from your client and your firm recovery of the legal expenses incurred in defending th is fri volous action Please govern yourself accordingly Douglas A Wyler Esq For the Firm Encl Defendants Motion for Attorneys Fees CA/Ar0Pte BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM rst and foremost the Complaint is not supported by th 1T1ateri,1J facts necessary tq establish the claims asserted because neither Defendant Aron berg nor The Office of the Sta,t Mtom for d1e 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 Arohberg is not a proper party to this action because no matter what he ancJ his office do not have possession custody or control of the requested materials In addition to the foregoirig material facts that negate the claims a sertecJ_ in the Complaint your claims are also not supported by the application of current iaw Specifically your acti9n for 267declaratory relief fails based on the cleat unambiguous statutory language found in Section Florida Statutes which states When suc:h cJisclosure is ordered by a court pursuant to subsection I for use in a civil case it may be disciosed to all pf rties to the case and to their attorneys and by the latter to their legal associates and employees Howeyer the grand fury testimonv afforded such persons by the court can only be med in the defense or prosecution ofthe civil criminal case and for no other purpose whatsoever Moreover even if the Plaintiff were to prevail in the declaratory action Mr Aron berg would be u_nable to cqrnply with any court order granting disclosure of the requested documents because neither Mr Anml:,erg nor Th_e Office of the State Attorney for the Fifteenth Judicial Circuit have possession custody or control of the Epstein gra11d jury recor1:K Based on the foregoing if the Complaint is not qi missed within days of the service of this letter the enclosed Motion-for Attorneys Fees will be filed and we will seek nctions frqm your client and yolfr firm recovery of the legal expenses incurred in defending this friyolous action Pleos Douglas A Wyler Esq For the Firm Encl Defendants Motion for Attorneys Fees CA/AroPB_,9E Ai 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 DEFENDANT DAVE ARONBERG 2S MOTION FOR ATTORNEYS FEES Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida by arid 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 223Complaint and as grounds therefor would show that on June Plaintiff was served a copy of this MotiOri 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 Defendant 2s attorney advised Plaintiff ofthefacts which establish that the Complaint is without support of the facts or the law WHEREFORE Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida respectfully 2requests the Court eriter an Order requiring Plaintiff arid Plaintiffs attorneys to pay said Defendant 2s attorneys fees incurred herein after service of this Motion CA/Aro BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUITCOURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH CQlJNTY FLORIDA CA FLORIDA HOLDINGS LLC Publisher ofthe PALM BEACH POST Plaintiff DA VE ARONJ3ERG as lte Attornef of Palm Beach County Florida SHARON BOCK as Clerk andComptroller of Palm Beach Comity FJorida Defendants I CASE NO DEFENDANT DAVE ARONBERGS MOTION FOR ATTO NEYS FEES Defendant DAVE ARQNBERG as State Attorney of Palm Beach County Florida byartd through the unckrsigned aitorneys moves the Court pursu.intto Florida Statutes Section to award him reasonable attorneys fees for the defense of Plaintiffs First Amended Complaint the Complainf and as grounds therefor would show that on June Plaintiff was served a copy of this Motion together with a letter from the 265ndersigned attorney irt accordance with subsection of the above 267tatute,de,manding dismissal of the Complaint at least da,ys prior to the filing of this Motion In said letter Defendants attorney advised Plctintiff ofthe facts which establish that the Complaint is without support of the facts pr the law WHEREFORE Defendant DJ VE ARONBERG as State Attorney of Palm Beach Counzy Florida respectfully requests the Court enter an Order requiring Plaintiff and Plaintiffs attorneys to pay said Defendants attorneys fees incurred herein after service ofthis Moti9n CNAropfL8fflj AL BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CERTIFICATE OF SERVICE I hereby certify that on this day the foregoing was electronically filed via the Florida E-File Portal for electronic sendee on the parties of record herein JACOBS SCHOLZ WYLER LLC 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 A ttorneys for Defendant BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CERTIFICATE OF SERVICE I hereby certify that on this __ day __ the foregoing was electronically ti.Jed via the Florida E-Fil Pprtal fqr electronic service on the parties of record herein JACOBS SCHOLZ WYLER LLC Isl Do_uglasA Wylef Arthur Jacobs Esquire ta No I Richard Scholz Esquire Fla Bar No Douglas A Wyler Esquire Fla Bar No G:ateway aivd Suite Fernandina Beach Florida acobsscho lzlaw comcast.net Attorneys for Defendant CA/Arcpfl i?iA.t2i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CAAroppe I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CNArop 9iJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM GreenbergTraurig Stephen A Mendelsohn Tel Fax mendelsohns gtla com June Douglas A Wyler Jacob Scholz Wyler LLC Gateway Blvd Suite Fernandina Beach Fl Re CA Florida Holdings LLC Dave Aronbergei al Case No Dear Mr Wyler We are in receipt of your letter of June with your proposed Fla Stat section motion In your letter and your proposed motion you assert that CA Florida Holdings LLC and the law firm of Greenberg Traurig P.A should be liable for the attorneys fees to be incurred by State Attorney Aronberg after the date of your letter Your letter cites to Fla Stat sections a and for support As shown below there is no basis for a Fla Stat section motion and we expect that if the State Attorney were to make such a motion the court should deny it letter omits a citation to section Subsection a provides that sanctions may not be awarded where there is a 223good faith argument for the extension modification or reversal of existing law or the establishment of new law as it is applied to the material facts with a reasonable expectation of success We have such a good faith argument Contrary to your analysis of Fla Stat section there are actually three instances where a court may order the release of grand jury materials As we argue the court may order release furtherance of justice There are few cases in Florida reviewing this provision and its scope It is an open and valid question as to whether the court may order release of grand jury transcripts to the media under both the statute and the Fust Amendment to the US Constitution in furtherance of justice The statutory language you cite refers to instances where a person is seeking grand jury materials for use in a civil or in a criminal case In these limited situations the statute allows for such uses and for no other reason However the statute does not state as you assert that where the media seeks grand jury materials based upon its constitutional standing which the Circuit Court acknowledged at the June hearing includes The Palm Beach Post that the statutory Greenberg Tramig P.A Attorneys at Law Town Center Circle Suite Boca Raton Florida Albany Amsterdam Atlanta Austin Berlin..Boca Raton Boston.-Chicago Dallas.,Delaware Denver Fort Lauderdale Houston Las Vegas London Los Angeles Mexico City Miami Milan Minneapolis Nashville New Jersey New York Northern Virginia Orange County Orlando PhiladeiphiacPhoehix Sacramento San Francisco Seoul Shanghai Silicon Valley Tallahassee Tampa Tel Aviv Tokyo rWars aw Washington D.C West Palm Beach Westchester County Giiwiy.ILF 26UKjejstG 2Grwfce Leyitrrefetf PA GwSwai w.gtlaw.com CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Ii GreenbergTraurig Stephen A Mendelsohn Tel Fax mendelsohns gtlaw.com Jt.uie23 Douglas A Wyler Jacob Scholz Wyler LLC Gateway Blvd Suite Fernandina Beach FL Re CA Florida Holdings LLC Dave Aronberg et al Case No Dear 1r Wyler We are in receiptof your letter of June with your propose,d Fla Stat section57 motion In your letter and your proposed motion you assert that CA Florida Holdings LLC and the law f1nn of Green,be:rg l;ra11-1ig P.A shm l?e ljai i_ for the attorney fe to inc_urred by State Attorney Aronberg after the date of your letter Your letter cites to Fla Stat sections a arid for support As shmvli below there is no basis for a Fla Stat section motion and we expect that if the State Attorney were to make such a motion the comi should deny it Your letter oll its a citation to 9tion Sul ectio a provid that 1ctions may not be awarded where there is a good faith argument for the extension modification or reversal of existing la ot the establishment of new law a:s itis applied to the material facts With areasonable expectation ofsuccess We have such a good faith argument Contrary to your analysis of Fla Stat section there are acmaUy three instances where a court may ordl;!r the release of grand jury materials As we argue the court may order release in furtherance of justic There are few cases in Florida reviewing this provision and its scope It is an open and valid question a:s to whether the court may order release of gtand jury tifuisctipts to the media under both the statute and the First Amendment to the US Constitution in furtherance of justice Tbe statuto1y language you cite refers to instances where a person 1s ekmg grand jury materials for use in a civil or i a criminal case In these limited situations the statute allows for such uses and for no other reason However the statute does not state as you ass_ert that where the media seeks gtand jury mateiials based upon irs constitutional standing which the Circuit Court ackno vledged at the Jt.uie hearing includes The Palm Beach Post that the statutory Gi:eenberg Tramig P.A I Attorneys at Law 5100TownCenterCircle I Suite400 I Boci1Ratoh;Flcirida33486 I I Albany Amsterdam Atlanta Austin Berlin.Boca Raton Boston.-Chicago Dallas Delaware Denver Fort Lauderdale.-Houston Las Vegas London Los Angel.-s Me.rioo City Mianii llfilan Mirinea:ifolis Nashville Ne Jersey New York Northern Virgih1a Orange County Orlando Pbila"delphia 267Phoenix sa 267crainento San Francisco Seoti hanghai S_ilicori_ Valley Tallahassee Tamp_ Tel Aviv ToJ Warsaw Washington D.C West Palm ach estc,hester Co nty 0;,rteb fil u.P A ci P.A.C WIW.gtlaW.COITI CA/Aro fl:ffl5?i11 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Correspondence to Douglas A Wyler June Page use limitation you cite applies No reported Florida case has addressed this issue and there is a good faith basis for our view of Fla Stat section letter also argues that sanctions are applicable because the State Attorney has alleged that it does not possess the Jeffrey Epstein grand jury transcripts This allegation is also contained in the State Attorney 2s Answer Assuming that the State Attorney does hot currently have physical possession of the Epstein grand jury materials which has yetto be demonstrated this does not end the matter The State Attorney was named as a party not simply as a custodian of grand Jury records The State Attorney was named in his official capacity as his office has its primary interest die protection of its grand jury system Italics in original In re Grand Jury Proceedings 3d Circuit In that case the US petitioned a state judge to order the State Attorney to turn over grand jury transcripts The State Attorney argued against their release citing to Fla Stat section Later a federal grand jury subpoenaed the Broward County State Attorney for delivery of state grand jury testimony he Broward State Attorney advised the federal court that it would produce the transcripts thereby demonstrating that while it may not have physical possession of the materials he had legal authority to obtain and deliver them It should also be rioted that the State Attorney moved to quash the subpoena arguing that it was unlawful under Florida law and Fla Stat section This case indicates that where one seeks grand jury materials the relevant State Attorney is a necessary party in order to protect tlie grand jury that the Office of State Attorney supervised and to make ar guments if need be against release of the grand jury materials These are some of the same reasons why the State Attorney was named in this case Also assuming the State Attorney does not have physical possession of the grand jury materials there is nothing in Florida law that prohibits the State Attorney from requesting that the Clerk provide copies to the State Attorney Chapter Fla Stats does not contain a prohibition against a State Attorney demand that the Clerk grant his office access to grand jury materials even after a criminal case has concluded Upon inforination and belief the Clerk 2s office maintains a log that tracks release of grand jury materials to the State Attorney upon its request Please confirm vyhether the State Attorney has accessed grand jury materials from the Clerk 2s office in other instances or that it has never done so If the Clerk has such a log then its contents should be discoverable or subject to Florida Public records laws Greenberg Tram-ig P.A I Attorneys at Law w.gtlaw.com CA/Amp i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Correspondence to Douglas A Wyler June I age2 use limitation you cite applies No reported Florida case has addressed this issue and there is a good faith basis for our view of Fla Stat section Your letter alsC argues th.at san tipns are appli able ca th State At::toru has ll t;lmt it does not possess the Jeffrey Epstein grand jmy transcripts This allegation is also contained in the State Attorneys Answer Assuming that the State Attorney does not cuiTently nave physical possession of the Epstein,grandjury materials which has yeno be demonstrated this does not end the matter The State Attorney was named as a party not simply as a custodian of grand jury records The State Attorney was named in his official capacity as his office has as its primary interest the protection of its grand jmy system Italics in.original In re Grand Jmy Proceedings 3d th Circuit In that case the us petitioned a state judge to order the State Attorney to tum over graildjury transc:ripts The State Attorney argued againsttheirrelease citing to Fla Stat section Later a federal grand jury slibpoenaed the Broward County State Attorney for deliviery ofstate grand jury testimony The Browctrd State Attorney advised the federal court that it would produce th transcripts thereby demonstrating that while it may not have physical possessi of the materials he had legal authority to obtain and deliver them It should also be noted that the State Attoiuey moved to quash the subpoena arguing that it was unlawful under Flo1ida law and Fla Stat section This case indicates that where one seeks grand jury materials Jhe reievant State Attorney is a llecessary party in ord to protect the grand jury that the Office of State Attorneysupervis and to make argmnents if need be against reiease of the grand jury mate1ials These are some of tbe same reasons why the State Attorney was named in this case Also assuming the State Attorney does not have physical possession of the grand jury materials there i 11othing in F101ida lclw that prohibits the State Atto1ey from requesting that the Clerk provide copies to the State Attorney Chapter Fla Stats does not contain a prohibition against a State Attorney demand that the Cletk grant his office access to gtand jtuy materials even after a climial case has concluded Upon inforinatioil and belief the Clerks office maintains a log that tracks release of grand jury materials to the State Attorney upon its request Please confirm wheth the Stat Aftoniey h,as 1c9essed gra_llcl jllfY materials from the clerks office in other instances or that it has never done so If the Clerk has such a log then its contents sho.uld be discoverable or subject to Florida Public records laws Greenberg Traurig P.A I Attorneys at Law w_gttaw.oom CA/Aropm:J AI BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Correspondence to Douglas A Wyler June Page For these reasons we decline your Fla Stat section demand that the case be dismissed against the Office of the State Attorney We expect that your demand will be withdrawn Thank you Very truly your s/Stephen Mendelsohn Stephen Mendelsohn SAM 1s ACTIVE Greenberg Traurig P.A I Attorneys at Law w.gtlaw.com BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CoITespondence to Do1.1glas A Wyler June Page For these reasons we decline your Fla Stat section demand that the case be dismissed against the Office Qf the State Attorney We expect _that your demand will lJe withdrawn Thank you Very truly yours s/Stephe,1 Mendelsohn Stephen Mendelsohn SAM:ls ACTIVE Greenberg Tramig P.A I Attoruevs at Law w.gtlaw.com CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/Arofi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/Aro Il8ffl5?iJ 1_ 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 CASE NO DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants _I DEFENDANT DAVE ARONBERG 2S MOTION FOR ATTORNEYS FEES Defendant DAVE 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 Plaintiff First Amended Complaint the 223Complaint 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 ofthis Motion In said letter Defendant 2s attorney advised Plaintiff of the facts which establish that the Complaint is without support of the facts or the law WHEREFORE Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests the Court enter an Order requiring Plaintiff and Plaintiff 2s attorneys to pay said Defendant 2s attorneys fees incurred herein after service of this Motion BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUr IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC Publisher of the PALM BEACH POST Plaintiff DA VE ARONBERd as State Attorney of Palm Be ch County Florida SHARON BOCK as Clerk and Comptroller of Palin Beach County Florida Defendants __ CASE NO DEFE-NDANT DAVE ARONBERGS MOTION FOR ATTORNEYS FEES Defendant DAVE 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 tbe Complaint aqd as grounds therefor would shmythat JUQe Pla,intiff was serv a copy ofihis Motion together with a letter from the undersigned attorney in accordance with subsection of the above Statute demanding dismissal of the Complaint at least2 i days prior to the filing ofthis Motion In said letter Defendants attorney advised Plaintiff of the facts which establishthatthe Complaint is without support of the facts orthe law WHEREFORE Defendant DA YE ARONBER.G as State Attorney of Palm Beach County Florida respectfully requests the Co_urt enter an Order requiring Plaintiff and Plaintiffs attqmey!l to pay laid Defendant attorneys fee!l inc;:urred herein after service Qf this Motion CA/Aro fl:m5?ih BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CERTIFICATE OF SERVICE I hereby certify that on this st day July the foregoing was electronically filed via the Florida E-File Portal for electronic service on the parties of record herein ACOBS SCHOLZ WYLER LLC 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 st.net Attorneys for Defendant Dave Aronberg CA/ArOpteffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CERTIFICATE OF SERVICE I hereby certify that on this.1st day July the foregoing was electt6nically filed via the Florida E-File Portal for electronic service on the parties ofrecord herein JACOBS SCHOLZ WYLER LLC ls/Douglas A Wyler Aithur Jacobs Esquire Fla Bar No I Richard Scholz Esquire Fla BarNo Douglas A Wyler Esquire Fla Bar No Gateway Blvd Suite I--J Fernandina Beach Florida jacobssclrolzlaw omcast.I1.et Attorneys for Defendantt Dave AmnbertJ CA/Aro fl:ffl5?ihffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/AroPte?5 1f BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/AroPit Ai BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Filing E-Filed PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC CASE NO Publisher of THE PALM BEACH POST DIVISION AG Plaintiff DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants PLAINTIFF CA HOLDINGS LLC 2S NOTICE OF DROPPING STATE ATTORNEY DAVE ARONBERG Plaintiff CA HOLDINGS LLC pursuant to Fla Civ hereby notifies the parties that it has dropped State Attorney Dave Aronberg from the above case Respectfully submitted GREENBERG TRAURIG P.A Attorneys for CA Florida Holdings LLC Publisher of The Palm Beach Post Stephen A Mendelsohn Esq East Las Olas Boulevard Suite Boca Raton Florida Telephone Facsimile By Stephen A Mendelsohn stephen A Mendelsohn Florida Bar No mendelsohns utlaw.com smithl gtlaw.com CA/ArW MOl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Fihng I I Fil_ed PM AFLORIOA HOLDfNGS LLC Publisher ofTHEPALM BEACHPOST CASENO MB DIVISION AG Plaintiff DAVE ARONBERG as State Attorriev of Palm Beach C_o rit Floriqa SHARON HOCK cl Clerk anc Comptroller of Palm Beach 242aunty Fiorida Defend_ants PLAINTIFF CA HOLDINGS LL NOTICE OF DROPPING STATE ATTORNEY DA VE ARONBERG Plaintiff CA HOLDINGS,_ LLC pursuant to _Ffa iv he ebynot-ifies the parties that it h,as dropped State Attorney Dave Aronberg from the.ab9ve case Respectfully subrriltted GREENBERG fRAURIG P.A_ Allo_rneysfor CA Florida Holdings _LLC Publisher o/ThePalrn Beacli Post Steph A Mendelsohn Esq I East Las Olas Boulevard Suite Boca Raton Florida Tdephone Facsimile By Isl Siephen A Mendelsohn STEPHEN A MENDELSOHN Florida BaiNo mendelsohnsr L.rtlaw.com sniilhlia 1la V,COl11 fLService lvgtlaw.cbm CA/Arop iJ ffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM By Michael Grygiel__ Michael grygiel Admitted Pro Hac Vice State St 6th Floor Albany New York Telephone Facsimile grvgielm gtlaw.com By hl NindD Bovaiian_ NINA BOYAJIAN Admitted Pro Hac Vice Century Park East Suite Los Angeles California Telephone Facsimile riveraal gtlaw.com CERTIFICATE OF SERVICE THEREBY CERTIFY that bn this day of October a trite and correct copy of the foregoing has been filed with the Clerk of the Court using the State of Florida e-fi ling system which will send a notice of electronic service for all parties of record herein s/Stephen A Mendelsohn_ STEPHEN A MENDELSOHN ACTIVE CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM By Isl Michael Grygiel MICHAEL GRYGIEL Agmifted Pro Hae Vice 267State St 6th Floor Albany Ne,v York Telephone Facsimile gtvtrielm m,gtla v.con1 By Isl NinaD Bovaiian NINA BOYAJIAN Admitted Pro Hae Vice I Century Park East Suhe LosAng les Calffornia90,067 Telepnone JI Facsimile bovaj iann brtlaw coi11 rivera:al0:gtlaw.com CERTIFICATE OF SERVICE I.HEREUY ERTIFYthat ori this st day of October a true and correct copy of the foregoing has been filed with tlie Clerk of the Court using the State of Florida filing sy tem which will send a notice of electronic service fqr all parties of record herein ACTIVE Isl S1epnei1 A Mende/i;ohn STBPH_EN_ A MENDELSOHN CA/Aropifflh?ihffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/ArOfll BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/Aroptfo?iJ ffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Jacobs Scholz Wyler LLC Gateway Blvd Suite Fernandina Beach FL United States Jacobs Scholz Wyler LLC Dave Aronberg Balance Invoice Invoice Date Payment Terms Due Date November Aronberg SAO15 adv CA Florida Holdings LLC Time Entries Date EE Activity Description Rate Hours Line Total DW Review initial review of summons and complaint DW Review Reviewed motion for pro hac vice and Judge Hafele order granting DW Teleconference Teleconference Client re response to lawsuit DW Draft Drafted engagement letter and sent to client DW Review Reviewed 15th circuit local rules AU Review Initial review of complaint AU Meeting Meeting DAW to discuss lawsuit and strategy DW Meeting Meeting Ai Jto discuss lawsuit and strategy AU Teleconference Teleconference Client re response to lawsuit DW Research Preparation Research and prep for Motion to dismiss DW Draft 1st Draft motion to dismiss pw Teleconference Teleconference Client re draft motion to dismiss AU Review Reviewed 1st Draft MTDismiss AU Teleconference Teleconference client re draft motion to dismiss AU Meeting Meeting DAW re motion to dismiss DW Meeting Meeting AU re MTDismiss DW Draft Completed final draft of motion to dismiss filed with Court DW Teleconference Spoke client re final draft of motion to dismiss CAArop eg BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Jacol cholz Wyl LLC Gateway Blvd Suite Fernandina Beach FL United States Jacobs Scholz Wyier LLG Dave Aronberg Balance Invoice Invoice Date Payment Terms Due Date Aron berg SAO15 adv CA Florida Holdings LLC Time Entries Date EE Activity Description Rate DW Review inltia.i review 9f summons and c;:ompiaint ow Review Reviewed motion for pro hac vice and Judge Hafele order granting ow Teleconference Teleconference Client re response to lawsuit ow Draft Drafted engagement letter and sent to client ow Review Reviewed 15th circuit local rules 42s:oo AIJ Review Initial review of complaint AIJ Meeting Meeting DAW to discuss lawsuit and strategy ow Meefing Me?ting A:iJ to disct.i lawsuit and strategy AIJ Teleconference Teleconference Client re:response to lawsuit ow Research Preparation Research and prep for Motion to dismiss ow Draft 1st Draft motion to dismiss ow Teleconference Tel onference wt Client re draft rnotioh to diSlliiss Aq Revi Reviewed 1st MTDismiss AIJ Teleconferefice Teleconference client re draft motion to dismiss AIJ Meeting ting wt bAW re motion to dismis!i DW Meeting Meeting AIJ re MTDismiss ow Ora Completed final draft of motion to dismiss filed with Court ow Teleconference Spoke client re final draft of motion fo dismiss November Hows Lihei Total CA/Arcpft,8fflj?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM DW Teleconference Spoke with Clerks attorney re response AIJ Review Reviewed final draft MTDismiss AU Review Reviewed Clerks MTDismiss DW Review Reviewed Clerks Motion to Dismiss DW Review Reviewed Order Setting Hearing on Defendants MTDismiss DW Review Reviewed motion for pro hac vice DW Review Reviewed Pls Amended Complaint i.O DW Teleconference Spoke with client re Amended Complaint DW Review Reviewed Pl 2s notice of filing AU Review Reviewed Pls Am Compl DW Review Reviewed Judge Marxs Order Cancelling MTDismiss Hearing DW Review Reviewed Pis Objection to Defendants MTDismiss DW Teleconference Spoke with client re Amended complaint AU Meeting Meeting DAW re response to Am Compl DW Meeting Meeting AU re response to Am Compl DW Review Reviewed Order granting pro hac vice admission DW Research Draft Researched and drafted response to Amended Complaint DW Teleconference Spoke with Clerks attorney re response to amended complaint DW Various Completed Answer/MTDismiss Amended Complaint filed with Court sent copy to Client DW Draft Drafted and filed Notice of Unavailability AU Review Reviewed filial Answer/MTDismiss DW Review Reviewed Clerks Answer/MTDismiss DW Review Reviewed Order setting hearingon Defs MTpismiss DW Teleconference Spoke client re order setting MTDismiss hearing for March DW Review Reviewed Pls Opposition to Aronberg MTDismiss Clerks MTDismiss AIJ Review Reviewed Pls Opposition to Aronberg MTDismiss Clerks MTDismiss DW Teleconference Reviewed email from Pis counsel re motion to continue hearing DW Review Reviewed Pls unopposed motion for continuance DW E-mail Emails Clerks counsel re Pis request to continue hearing DW E-mail Reviewed email from PI re agreed order responded DW Review Reviewed Courts agreed order continuirig hearing CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM ow Teleconference Spoke with Clerks attorney re response AIJ Revie_w Reviewed fjnal draft MTDisiriiss AIJ Review Reviewed Clerks MTDismiss ow Review Reviewed Clerks Motion to Qism ow Review Reviewed Order Setting Hearing on Defendants MTD1smiss ow Review Reviewed motion for pro hac vice_ ow Review Re;vieWed Pls Amended Complaint ow Teleconference Spoke with client re Amended Complaint ow Review Review_ed Pls notice of filing AIJ Review Reviewed Pls Am Comp DW Review Reviewed Judge Marxs Order Cancelling MTDismiss Hearing ow Revlew Reviewed pj Qbjection to Defendants MTDisiriiss DW Teleconference Spoke with client re Amended complaint AIJ Me.etiDg Meeting DAW re resportse to Am Comp ow Meeting Meeting AIJ re response to Am Comp ow Review Reviewed QrdeTgrariting pro hac vice admission DW Research Draft ear heQ and cirafted response to AmEmd Complaint ow TeJeconterence Spoke with 267clerks attorney re response to amended complaint ow nous Completed Answ r/MTDismiss Amend Cclmpl in filed with Jrt sent 9lPY to Client DW Draft Drafted and filed Notice of Unavailability AIJ Review Review:ed filial Answer/M,:Dismiss DW Review Reviewed Clerks Answer/MTDismiss ci.3 DW Revie,v Reviewed Order setting hearing Defs MTDismiss ow Teleconference Spoke wi client re order setting 267MTDism hearing for M?rch DW Review Reviewed Pls Opposition to Aronberg MTDismiss Clerks MTDismiss AIJ Review Reviewed Pls Oppositioo to Aronberg MTDismiss Clerks lyITDismiss ow Teleconference Reviewed emailfrom Pls counsel re motion to continue hearing ow Review Reviewed Pls uno1_ posed motiontor coiltin_uarice ow E-mail Ei-naiis Cl rks couns I re Pls request to cc:,nt/nu hearing ow E-mail Reviewed email from Pl re agreed order responded DW Fievi viewed Courts agreed order cont,inijing hearing CA/Aro fi:ffl5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM DW Review Reviewed order rescheduling hearing on Defs MTDismiss DW Teleconference Spoke client re order rescheduling MTDismiss hearing for June AU Review Reviewed Order rescheduling MTDismiss hearing DW Review Reviewed order setting Zoom hearing re MTDismiss DW Teleconference Spoke client re hearing will be via Zoom DW Review Reviewed Clerks filing change of atty of record DW Teleconference Spoke with Clerks new counsel Nicole Fingerhut DW E-mail Reviewed Pls email re cases and authorities for MTDismiss hearing responded DW Preparation Began oral argument pirep for MTDismiss hearing DW E-mail Reviewed email from Judge Marxs JA and responded DW Various Reviewed Pls page binder re MTDismiss prepped for bearing DW E-mail Drafted arid sent email to client re MTD hearing tomorrow PW Attend Hearing Prepped for and attended MTDismiss hearing via Zoom DW Teleconference Spoke Client re debrief MTDismiss hearing DW E-mail Emailed.courtesy copies of Aronberg 2s Answer and MTDismiss to Judge Marx DW E-mail Reviewed response from Client and replied AU Attend Hearing Attended MTDismiss hearing via Zoom AU Review Reviewed order granting MTDismiss prejudice DW Review Reviewed Courts Order Granting Defendants MTDismiss Count II Prejudice DW Various Shared order Client and spoke re result and plan going forward re DW Various Researched Fla Stat drafted demand letter and proposed motion for attorneys fees/sanctions Served Pls counsel with demand letter and proposed motion AU Meeting Meeting DAW re Order DW Meeting Meeting AU re Order AU Review Reviewed demand and proposed motion for sanction DW Various Reviewed notice of change of attorney re Clerk called and spoke new counsel Cynthia Guerra DW Various Reviewed Pls letter refusing to voluntarily dismiss amended complaint despite demand called and spoke client re Pls refusal next steps BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Review Reviewed order rescheduling hearing-on Defs oo ow MTDismiss ow Tel nference Spoke client re_ ord_er rescheduling l,v1TDismi heailQ for June AIJ Review Reviewed Order rescheduling MTDismiss hearing ow Review Reviewed order setting Zoom l_leanng re MTDisrniss bW Teiecoriference Spoke client re heanng will be via Zoom ow Review Reviewed Clerks filing change of atty of record ow Tel rif?rence Spo with Gl?rks new c:oun i Ni qie Fingerhut_ ow E-mail Reviewed Pls email re:-cases and authorities for MTOismiss hearing responded ow PreP?fation BeQah oral argument prep tor Dismiss hearing ow E-mail Reviewed email from Judge Marxs JA and responded ow Various Reviewed Pls PaQe binder re MTDismiss prepped for hearing ow E-mail Drafted and ent emaJI to client re MTD hearing tqmorrow ow Attend Hearing Prepped for and attended:MTOismiss hearing via Zoom bw Tei rife,rence Spoke wi Ciie,nt re debnefMTbismi hearing ow E-mail Emailed courtesy copies of Aronbergs Answer and MTDismiss to Judge Marx ow E-mail R_eviewed respon_se from Client and replied AIJ Attend Hearing Attended MTOismiss hearing via Zoom AIJ Review Reviewed order granting MTOismiss prejudice OW Review Re,viewed Court Order 267ranting fendant MTOlsmiss Count Ii Prejudice QW Various Shared order Client and spoke re result and plan going forward re Researched Fla Stat drafted-57,105 ow Vano demand letter and proposed motion for attorneys fees/sanctiqns Served Pls counsel with c:lf3niand_ lettera!J,d proposed motion AIJ Meeting Meeting DAW re Order ow Meeting Me 242timJ AIJ re Order AIJ Review Reviewed c:lema_nd and proposed motion for sanction ow Various Reviewed notice of change ofattomey re Clerk called and spoke new counsel Cynthia Guerra Reviewe I Pl letter r!;!fu ng to voluntarily dismiss ow Various amElncjed complaint despite dElmalid called and spoke Pls ref i nt?xt sJeps CA/Arop Affi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM DW E-mail Sent client copy of Pls letter refusing to dismiss complaint AlJ Review Reviewed Pls letter refusing to dismiss Count l/Am CdmpL DW Various Spoke client re filing of motion for fees/sanctions filed mdtion for attorneys fees based on Pls failure to voluntarily dismiss amended complaint count DW E-mail Email to client re affidavit arid summary judgment DW Teleconference Discussed Client drafting arid filing Motion for Summary Judgment and MSJ evidence AU Teleconference Discussed Client drafting and filing Motion for Summary Judgment and MSJ evident DW Draft Created 1st draft of Aronberg Affidavit shared client AU Various Reviewed draft affidavit and discussed DAW DW Meeting Discussed draft affidavit AU DW Review Reviewed Pis Request to Produce re Clerk DW Teleconference Spoke Clerks counsel re Request to Produce DW Review Reviewed Pls Amended Request to Produce re Clerk DW Teleconference Spoke Clerks counsel re Amended Request to Produce DW Draft Revised Aronberg affidavit DW Draft Finalized Aronberg Affidavit and sent to client DW Research Preparation Research and prep for Motion for Summary Judgment DW Various Received executed Aronberg Affidavit DW Draft Began drafting Motion for Summary Judgment DW Draft Continued drafting Motion for Summary Judgment i.O DW Review Reviewed email from Plaintiff attempting to set hearing on motion for fees/sanctions DW E-mail Sent responsive email to Pls counsel DW Meeting Discussed draft MSJ AU AU Various Reviewed draft MSJ and met DAW to discuss DW Draft Finalized Motion for Summary Judgment filed court along with Aronberg affidavit DW Teleconference Spoke Clerks counsel re request to produce DW Various Reviewed Pis email and accepted conference call invite for DW Review Reviewed Clerks response to request for production DW Teleconference Spoke Pls counsel re dispute as to whether MSJ should be heard before fee motion or vis versa call was unsuccessful CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM DW E-mail Sent clientcopyof Pls letter refusing to:dismiss complaint AlJ Revi?w Reviewed Pls letter refusing to dismiss Count I/Am 9Q Compt Spoke client re filing of motion for DW Various fees/sanctions filed molion 267for attorneys fees based on Pls failure to voluntarily dismiss amended complaint count DW E-mail Email to client r:e affidavit and summary judgment DW Teleconference Discussed wt Client drafting an fiilng Motion for Summary.Judgment and MSJ evidence AIJ Teleconference Discussed Client drafting and filing Motion for Summary Judgment and MSJ evidence DW Draft Created st.dra of Aronberg Affidavit shared ient AIJ Yar.ious Reviewed draft affidavitand discussed DAW DW eeting Di!iCUssed draft affidavit AlJ DW Review Reviewed Pls Request to Produce re Clerk DW Teleconference Spoke Clerks coilrisel re Reqtiestto Produce DW Review viewlaj Pl Amended Requ st to Proci1.Jce re Clerk DW Teleconference Spoke Clerks counsel re Amended Request to Produce bW Dra_f RE?vis?d Aronberg ffid vi 9Q O.!i DW Draft Finalized Aronberg Affidavit and sent fo client DW Rese Researcti and prep for Motion for 265rrirriary Preparation Judgnie_nt DW Various Received executed Aronberg Affidavit DW Draft Began drafting Motion for Summary Judgment DW Draft Continued drafting Motion for Summary Judgment DW Review Reviewed email from Plaintiff attempting to set hearing on motion for fees/sanctions ow E-mail Sent responsive email to Pls g,unsel DW Meeting Discussed draft MSJ AIJ AIJ Various Review.ad draft MSJ and met DAW to discuss DW Draft Finaiized Motiontor Sl!mmary judgment;filed court along with Aronberg affidavit DW Teleconference Spoke Clerks counsel re request to produce 42MO DW Various Reviewed Pis email and accepted conference call i11V1te for DW Review Reviewed Clerk;s response to request for production Spoke wt Pls counSj:!I re dispute as to wllether DW Teleconference MSJ should be heard before fee motion or vis versa call was unsuccessful CA/Arcp A.I BEACH COUNTY FL JOSEPffABRUZZO CLERK PM AU Meeting Discussed DAW phone call Pls counsel DW Meeting Discussed AU phone call Pi 2s counsel DW E-mail Reviewed email from Pi 2s counsel requested Aronberg to withdraw sanctions motion w/o prejudice DW Meeting Discussed AU filing motion for CMC AU Meeting Discussed DAW filing motion for CMC DW Various Drafted and filed motion to set case management conference re MSJ st or Fee hearing st DW E-maii Responded to Pls email and refused to withdraw motion provided copy of motion to set CMC and available dates for hearing DW E-mail Reviewed Pls email insisting that motion be withdrawn DW E-mail Replied to Pls counsel that the motion for sanctions will not be withdrawn arid asking for response re CMC DW E-mail Sent client copy of email exchange Pls counsel called and spoke Client DW Various Drafted and filed Notice of Hearing on set up Court Call spoke client re hearing date DW Review Reviewed Pls Memo of Law opposing Aronbergs motion for fees/sanctipris DW Review Reviewed Pls Response to Aronbergs request to schedule motion for fees after MSJ AU Review Reviewed Pls Memo of Law opposing motion AU Review Reviewed Pis Response to Aronbergs request to schedule motion after MSJ DW Research Research caselaw statutes re response to Pl 2s Merhp of Law i.o DW Research Analyze Continued researching caselaw re response to Pls memo of law DW Draft Created 1st draft of Response to Pls Memo of Law and shared Client DW Meeting Discussed Al caselaw and draft response to memo AU Various Reviewed draft MSJ discussed draft DAW and caselaw DW Draft Finalized and filed Response to Pls Memo of Law TO DW Telephone Spoke client re memo of law DW Telephone Spoke client again re response to memo of law DW Attend Hearing Attended hearing re Motion to Set CMC called client to discuss DW Various Reviewed email and letter from PI re settlement Sent copy to Client and called to discuss CA/AroPte 260BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM AIJ Meeting Discussed DAW phone call Pls counsel QW Meeting Discussed AIJ phone call Prs counsel Reviewed email from Pls counsel requested DW E-mail Aronberg to withdraw sanctions moiion wio prejudice QW Me_etiQQ Discusseq w/AIJ filing moti.on tor CMC AIJ Meeting Discussed DAW fliing motion for CMC DW Various Drafted and filed motion to set case management conference re MSJ 1st or Fee hearing 1st pon ed to Pl email c1nd refu ed to DW E-rnaji withdraw motion provided copy of motion to set CMC and a ii le dates for h?aring DW E-mail Reviewed Pls email insisting motion be withdrawn Replied to Pls counsel that me otion for QW E-mail sanctioris will not be Withdrawn and asld99.for response re CMC DW E-mail Sent client copy ofemail exchange wf Pls counsel called and spoke w/Client QW Various Drc:1fted arid filed NC tic:e.of He.aiilJ9 9n set up Q9urt Call spoke client re hearing date DW Review RevieWed Pl lmo of L?W opposing Arohb rgs motion for fee sanctions DW Revie.w Reviewed Pls Response to Aronbergs request to schedule motion for fees after MSJ AiJ Review viewed Pl Memo of utwopposing motiqn AIJ Review Reviewed Pls Response to Aronbergs request io schedule motion after MSJ DW Researc;h Research caselaw statutes rej respcnlse to PJs Memo of Law DW Research Continued researching caselaw re response to Analyze Pl.s memo of law QW Draft Created 1st draft of Response to Pls Memo of Law and shared Client DW Meeting Discussed AIJ caseiaw and draft response to memo AIJ Various Reviewed draft MSJ discussed draft DAW and caselaw ow Draft Finalized and filed Response to Pls Memo of Law DW Telephone Spoke client re memo of law DW Telephone Spoke client aQain re response to merno law DW Attend Hearing Attent:led hearing re Motion to Set CMG calied ient qisc DW Various Reviewed email and letter from Pl re settlement 267sent copy to Client and called to discuss CA/Arop iJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM DW Telephone Spoke Pls counsel re settlement DW Telephone Spoke client re Pls settlement proposal AIJ Various Attended hearing re motion to set CMC discussed client AU Various Piscussed Pls settlement proposal PAW and then Client DW Meeting Piscussed Pls settlement proposal AU DW Various Drafted and shared proposed order Pi 2s counsel DW Telephone Spoke Pls counsel re settlement DW Telephone Spoke w/client re Pls settlement proposal DW Meeting Piscussed Pls settlement proposal w/AU AU Meeting Piscussed Pls settlement proposal DAW DW Various Uploaded proposed order re CMC for Judge Hafele DW Telephone Spoke client re Pls settlement proposal Dw Telephone Spoke Pls counsel re settlement AU Meeting Discussed Pls settlement proposal DAW DW Meeting Discussed Pls settlement proposal AU PW Various Reviewed email from PI re settlement sent copy to Client and called to discuss DW Telephone Spoke client re settlement PW Telephone Spoke Pls counsel re settlement PW Telephone Spoke client re settlement PW Meeting Discussed Pls settlement proposal AU AU Meeting Discussed Pls settlement proposal DAW PW Various Drafted arid filed Motion to Set Hearing bri Aronberg MSJ drafted proposed order granting motion to set checked court availability emailed Pls counsel re choose date for hearing i.O PW Review Reviewed Order,.re CMC unnecessary PW Telephone Spoke client re media response DW Telephone Spoke client re media response DW Telephone Spoke client re media response DW Telephone Spoke client re media response DW Telephone Spoke client re media response DW E-mail Sent email Aronberg statement to media AU Meeting Discussed media response DAW PW Meeting Discussed media response AU PW Various Reviewed Pls Notice of Dropping Aronberg as party spoke Client and AU re notice and next steps CA/Aropj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM ow Telephone Spoke Pls counsel re settlement ow Telephone Spoke client r.e Pls settlem_ent roposal AIJ Various Attended hearing re motion to set CMC discussed client AIJ Various Discussed Pls settlement proposal DAW and then Client ow Meeting Discussed Pls ttlement proposal AIJ ow rious Drafted and s.hared proposed 9rcfer Pls counsel ow Telephone Spoke Pls counsel re settlement ow Telephon Spok wi clien re Pls 5.ettlement propos ow Meeting Discussed Pls settlement proposal AIJ AIJ Mee:ting Discussed Pls settlement proposal DAW ow Various Uploaded proposed order re CMC for Judge Hafele ow Telephone Spoke client re Pls settlement proposal ow Telephone SpokeWi Pis counsel re settlement AIJ Meeting Discussed Pls settlementproposal.w DAW ow Meeting Discussed Pls setemerit proposal.w AIJ ow Various Reviewed email from Pl re:.settlement sent copy to Client and called to discuss ow Telephone Spoke client re settlerri!?ilt ow Telephone Spo.ke wi Pls counsel re settlem 267ent ow Telephone Spoke client re settlement ow Me ting DiSC sSE!d Pls s.e ementp pos.alw/AIJ AIJ Meeting Discussed Pls settlement proposal DAW Drafted arid filed Motion to Set Hearing.on bW ous Aioriberg MSJ drafted proposed order granting motion to set ch 267ecked court availability emailed Pl.s couisel re choose date for hearing ow Review Reviewed Order re CMC unnecessary ow Telephone Spoke client re media response ow Telephon Spcik wi clien re media s.ponse ow Telephone Spoke client re media response ow Telephone Spoke client re media response ow Telephone Spoke client re media response QW E-mail Sent email Aronberg statement to media AIJ Meeting Discussed mE iia response DAW ow Meeting Discussed media response AIJ viewed Pls Notice oi Dropping Aronberg as ow pc:lffil spoke yli lnt and AIJ nQti and next QQ steps CA/Arop pJ ffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM AU Various Reviewed Pis Notice of Dropping Aronberg as party spoke Client and DAW re notice and next steps Totals Time Entry Sub-Total Sub-Total Total Amount Paid Balance Due CA/AroPMb0 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Reviewed Pls Notice of Dropping Aronberg as AIJ Various party spoke Client and DAW re notice and next steps Totals Time Entry Sub-Total ub-l,otal Total ount Pllicj Balance Due CA/Arop:ll AtlM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/Arop eg I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/Arop fb?iJ 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 A RON BERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants AFFIDAVIT OF ATTORNEYS FEES STATE OF FLORIDA COUNTY OF NASSAU BEFORE ME the undersigned authority appeared Douglas A Wyler Esq who after being first duly sworn deposes and says Affiant is a partner of JACOBS SCHOLZ WYLER LLC counsel for Defendant DAVE ARONBERG as State Attorney of Palm Beach County Florida 223Aronberg as well as general counsel to the Florida Prosecuting Attorneys Association 223FPAA and makes this Affidavit of his own personal knowledge Affiant is licensed to practice law in the State of Florida is an active member of the Florida Bar in good standing and has engaged in the practice of law in the State of Florida since As detailed herein the services rendered by Affiant and his firm pertain to Affiant 2s demand letter and motion for attorneys fees sent to PlaintifTs counsel pursuant to Florida Statutes on June 223indefending against Count I of Plaintiff 223AmendedCbmplaihf CA/AroPte JOl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM IN THE CIRCUIT C:QURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLD1NGS LLC Publisher Qfthe PALM BEACH POST Plaintiff DA VE ARONBERG a State Attorney of Palm Beach County Flqrida SHARON BOCK as Clerk and Comptrolier of Palm Beach County Florida Defendants I CASE NO AFFIDAVIT OF ATTORNEYS FEES ST A TE OF FLORIDA COUNTY OF NASSAU BEFORE ME th undersigned authority appeared Douglas A Wyler Esq who after being first duly sworn deposes and says Affiant is a partner of JACOBS SCHOLZ WYLER LLC counsel for Defendant DA VE ARON BERG as StateAttorn 9f Pain Beach C::ounty Florida Aron berg as well as general counsel to the Florida Prosecuting Attorneys Association FPAA and makes this Affidavit of his.own personalknowledge Affiant is licensed to practice law in the Sta,te of Florid_a is Clive 1emb of the Flprida Bar in go:6d standing and has engaged in the practice of la in the State ofFlorida since As detailed herein the services rendered by Affiant and his firm pertain to Affiants d.emand letter and:mqti_ofl for attorneys fees sent to Plaintiffs counsel pursuant to FloricHr Statutes onJ une8 267ctefehdiirg agai st Counrlof Plaintiff s-KmendecrComplainf CA/Aropffl5?iJ ffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM and Plaintiff October Notice of Dropping State Attorney Dave Aronbcrg from the above-captioned lawsuit See Exhibits arid attached hereto The total time Affiant 2s law firm has expended services rendered to date is hours however from the date of Defendant Aronberg 2s demand Affiant 2s law firm has expended a total of hours Of the hours expended since Defendant Aronberg 2s demand was served the Affiant Of the hours expended since Defendant Aronberg 2s demand was served the total time Affiant has expended services rendered to date is hours at.the rate of per hour Likewise the total time Affiant 2s law partner Arthur Jacobs has expended services rendered to date is hours at the rate of per hour Accordingly since Defendant Aronberg 2s demand was served Defendant Aronberg 2s counsel JACOBS SCHOLZ WYLER LLC has rendered services in the amount of in conjunction with the defense of the instant action pursuant to Florida Statutes See Exhibit attached hereto Affiant expects to incur an additional hours at an hour in preparing for and attending the hearing on attorneys fees Thus the total amount of hourly attorneys fees the State Attorney is seeking is hours for a total of SI Additionally the State Attorney seeks a multiplier of which when applied makes the grand total attorneys fees sought herein Dated this 9th day of November FURTHER AFFIANT a11d Piaintiffs Oc.tobet Notice of Dropping State Attorney Dave Aroriberti from the abo 267ve-captiohed lawsuit See Exhibits A and a1iacl1ed hereto The total time Affiants law firmhas expended services rendered to date is hours ho ve:ver from the date of DefendaritAroribergs O:S de1T1and Affiants av Jiriri has expende a total ours Of the42:2,hoursexp hded since Defendant Aronbergs demand was served the Affiant Of th hours expend_ed since Defendant Aron bergs I demand was served the totai time Affiant has expended services rendered o_date hours at.the rate of per hour Likewise the total ttn;ie Affiants lai.v partner Arthur I Jacobs has expended services rendered tod te is hours flt the rate of pe-r hour Acctitdingly since Defendant Arolibergs derna.nd was served Defendant Aronbergs counsel JACOBS SCHOLZ WYLER.LLC has rendered service_s in 267the amount of in conjunction with the defense of the instant action pursuant to Florida Statutes See Exhibit aitached hereto Affiant expects to incur an additional h_ours at an hour in preparing for and attend in the hearing on attorneys fees Thus the total amount of hourly attorneys fees the State Attorney is seeking is hours fora total of Additionally the State Attorney seeks a multiplier of which when applied makes the grand total attorneys fees sought herein Dated this 9th day of Noveinber FURTHER AFFIANT SA CA/Aropfi_ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM STATE OF FLORIDA COUNTY OF NASSAU The foregoing instrument was acknowledged before me this 9th day of November by Douglqs A Wyler Esquire who is personally known to me and who did take an oath Sign tu/Z6f Rotary Public State of Florida fararv TARAN JACKSON Notary Public-State of Florida Commission if GG Slx MyComni Expires Aug Bonded through National NotaryAssn Name typed printed or stamped CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of November 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 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 I Fernandina Beach Florida Fax Primary jacobsscholzlaw comcast.net Attorneys for Defendant Dave Aron berg CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM STA TE OP FLORIDA COUNTY OF NASSA The foregoing instrument was acknowledged before me this 9_th of November A Wyler Esquire who 1s personaliy known to me 267and who clid tak 1n oath fa otary Pllb ic tate of Florida Name typed printed or stamped j.j JACKSON lie State or Fiorica ion GG pires Aug CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of November copy of the foregoing has been electronicaily filed with the Florida Fil Portal for e-_service on aJI parties ofrecotd herein JACOBS SCHOLZ WYLER LLC Isl DouglasA Wyler Arthur I Jacobs Esq Fla Bar No _Richard Scholz Esq Fla B.i,r No._ I Douglas A Wyler Esq Fla Bar No I Gateway Blvc;I Suiie201-I Fernandina Beach Fiorida Fax Primary jacobsscholzlaw comcast.net Auorneysfor Defendani Dave Aronberg CA/Arop A.m BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/Aropj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXRIBIT.A CA/Arap 1_ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Friday September at Eastern Daylight Time Subject SERVICE OF COURT DOCUMENT;:CASE NO CA FLORIDA HOLDINGS LLC DAVE ARONBERG Subject SERVICE OF COURT DOCUMENT CASE NO cA FLORIDkHbLDINGS LLCV AVEARONBERG THELAW OFFICES OF JACOBS ASSOCIATES pX ARTHUR I JACOBS Jacobs Schoizz Wyler rite A LIMITED,LIABILITY COMPANY OF PROFESSIONAL ASSOCIATIONS ATTORNEYS.AT LAW GATEWAY TO AMELIA GATEWAY BLVD.SUITE 2OI-I Fernandina Beach Florida TELEPHONE FAX NO RICHARD SCHOLZ P.A RICH ARD J..SCHOLZ DOUGLAS A WYLER P.A DOUGLAS A WYLER June VIA ELECTRONIC U.S MAIL Stephen A Mendelsohn Esq Greenburg Traurig P.A Town Center Circle Suite Boca Raton FL RE CA Florida Holdings LLC Daye Aronberg et al Palm Beach County Case Nd Dear Mr Mendelsohn As you are aware our firm represents the interests of Dave Aronberg 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 223Complaint dated January This demand is made pursuant to section Florida Statutes As you know Section provides UpOn the court 2s initiative or motion of any party the court shall award a reasonable attorney 2s fee including prejudgment interest to be paid to the prevailing party in equal amounts by the losing party and the losing party 2s attorney on ariy claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party 2s attorney knew dr 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 lavy to those material facts Today Judge Marx granted with prejudice Defendant Aronbergs Motion to Dismiss Count of the Plaintiffs Complaint Pursuant to the Courts ruling the Plaintiff 2s 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.saidmateria!facts._ i_a_ CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM JACo:as Sc:ao.iz WYLER u.c A U,MITEO,LIABll.JlY COMP!-NY PRC 1QNAL ASSOCIATIONS ATTORNEYS:AT LAW GA.Tf:WAY TO AMELIA 267L.A-.,1i_OFFfCES OF JACOBS_ ASSOCIATES pj._ Tt-l 1AC6es GAT ei.:vo _su1TE FER."-A..ID A BEACH FLoRIDA June VIA ELECTRONIC U.S MAIL St phen_A M_endelsohn Esq dreenbui-g,Traurig P.A Town Centei--Circie Suite Boca Raton FL TELE.PhONE FAX NO RE CA Florida Holdings LL_C Daye Ar nberg et al Palm Beac_h Count Cas_e No Dear Mr Mendeisohn RICHAFio SCMOLZ P:A As you are aware our firm represents the interests of Dave Ar9nberg,.as State Attorney of Palm Beach County Florida the above fei-enc matter Th puipose ofthis letter is to demand the voluntary dismissal of your First Amended Complaint the Complaint dated January This demand is made pursuantto 267section Florida Statutes As you kno Section provides Upon the courts initiative or motion of any party the court shall award a reasonabie attorneys fee including prejudgment int rest tq be pciid to the prevailing party in equal amounts by the losing party and the losing partys 225attomey on any claim or defense at any time during a civil proceeding or adi_on in which the court finds that the losing party 9r the losing p1Jrty attor:n:ey knt!w or should have k11own th a clairn or defense when initially presented to the court or at any time before trial a Was not support by the material facts necessary to establish the claim or defense or Would not be supported by the application of then xisting to tho material facts Today Judge Marx granted with prejudice Defenciant ronbergs Mot.ion to Disrniss Count II of the Plaintiffs.Complaint PLirsuant to the Courts ruiing the Plaintiffs only rcma1ng cause of action consis.ts of Co.uni for Declaratory Relief Accordingly we believe that the Complaint filecfhe ih and its sore remaining Count for claraJqry ief is _not supported by the material facts necessary to establi_sh the clain:is.:asserted and that your claims are not supported by the application of current law to said:maleriaLfacts CA/Aroi f!b?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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 hisoffice do not have possession custody or control of the requested materials ition to the foregoing material facts that negate the.claims asserted i the Complain 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 usedin 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 Attorney 2s 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 Please govern yourself accordingly Douglas A Wyler Esq For the Firm Encl Defendant 2s Motion for Attorneys Fees BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM First and/orerpost the C6mph1int is not supporte by the material fac rje essary to estiibljsh the claim.s asserted because neither Defendant Aron berg nor The Office of the State Attom for the Fifteenth iudicial.-Circuit is in custo9y or co.ritrol of the grand jury materials sought th reiri Simpiy put the declaratory elief sought by the Plaintiff seeks ecQrds from niy client that are impos ible for him or his ffice to produce Accordingly Defendant Aronberg is not a proper party to this action because no matter vhat he.and his office do not have possession custody contfol of the requested ni.1:1tetials In clJtion to the for1egoing qiateriaJfactsthat negat the claims asserted in.the Complaint;yourclaims are also not supported by the application of current law Specific;iily your action for declaratory reli fails based on the clear unambiguou statut9ry lariguage found in Section Fl9rida Statut which states When such disclosure is rd red by a court pursuant to subsection I for use in a ciyi I_ case it.may be disclosed to-a parties to the case and to their 1:1ttorneys and by the latter to their legal assodates and employees HO Ve er ihegrand iurviestimonv afforded such persons by tlie coli.rt can onlv be used in the defense or prosecuiion olhe civil or crimf nal case and or no tither purpose whatsoever Moreover,.even if the laintiff were to prevail in the declaratory action Mr Aronl erg would be unable t9 ply with any court order granting disclosure of the req ted documents because neither Mr Aronberg nor The Office of the State Attorney for the Fifteenth Judicial 225circuit have possession custody,.or ontro.1 of the Epstein grand jury records Based on tl1e foregoing if tbe Complaint is not disrnissed withln days of the service 9f tllis letter the enclo ed Vlotion fM Attorneys Fees will be filed and we will seek as sanctions from your client and your firm;recovery of the legal exper:ises incurred in defending this frivolous action Plea Douglas A Wyler Esq For the Firm Encl Defendants Motion for Attorneys Fees CA/Aro13 r,J 4eAA 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 CASE NO DAVE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants DEFENDANT DAVE ARONBERG 2S MOTION FOR ATTORNEYS FEES Defendant DAVE 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 223Complaint 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 DAVE ARONBERG as State Attorney of Palm Beach County Florida respectfully requests the Court enter an Order requiring Plaintiff and Plaintiffs attorneys to pay said Defendant 2s attorneys fees incurred herein after service of this Motion CA/AropfggjO BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM INTHE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT ANQ FOil PALM BEACH COUNTY fLORIDA CA _FLOR.IDA HOLDINGs,-LLC Publisher 9f the PALM BEACH POST Plaintiff DAVE ARONBER9 State Attorney of _Palin Beach County Flonda SHARONR BOCK as Cietk and CoiriptroHer of Palm Beach County Florida I CASE NO DEFENDANT DAVE ARONBERGS MOTION FOR TTORNE,Y_ FEES Defenpant DA VE ARONBERG as State Attorney of Palm Beach C_ounty Florida by and_ through the undersigned attorneys moves tl,_e Court pursuallt to Florida Statutes Section to award him reasonable attqrneys fees for the defense of Plaintiffs First Amended Complaint the Complaint and as grounds therefor would show that on Plaintiff vhS served a copy of this Motion together with a letter froro the undersigYled attorney in accordance with subsection of the above Statute demanding dismissal of the Complaint at least days prior to the filing of this Motion lh said letter Defendants attorney advi ed flajntiff9f th facts which est_ablish that the Complaint is without suJJport of the facts or the law WHEREFORE Defen9ant DAVE ARON?ERG as State Attorney of Paim Beach County Florida respecifully requests the Co_w 267t"enter an Order requiring Plaintiff and Plaintiffs attorneys to pay said Defendants attorneys fees mcurred rein aft service of this Motion CA/Aropff1fu?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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 7s 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 I Fernandina Beach Florida jacobsscholzlaw comcast.net Attorneys for Defendant CA/Arofi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM CERTIBICA TE OF SERVICE I hereby certify th on tl:iis __ day the foregoing was 242lectroni_cally filed via the Florida E-File Portal for elect onic service on the pai:ties of record her in JACOBS SCHOLZ WYLER LLC sl ougJas A Wyler Arthur I Jacobs Esquire Fla Bar No Ri h;i:dJ Schoii E.squire Fla Bar No Dotiglas A Wyler Esquire Fia BarNo Gate Bl Suite201-l Fernandina Beach Florida acobs Ch9lzlaw comcast,net Attorneys/or Defendant CA/Aroffl9ffl5?iJ 1_ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/AropIg BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT CA/Arcp Jt1 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM jUey Filing E-Fi led PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC CASENO Publisher of THEPALMBEACHPOST DIVISION AG Plaintiff DAVE A RONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants Pl/AINTIFF CA HOLDINGS LLC 2S NOTICE OF DROPPING STATE ATTORNEY DAVE ARONBERG Plaintiff CA HOLDINGS LLC pursuant to Fla Civ hereby notifies the parties that it has dropped State Attorney Dave Aronberg from the above case Respectfully submitted GREENBERG TRAURIG P.A Attorneys for CA Florida Holdings LLC Publisher of The Palm Beach Post Stephen A Mendelsohn..Esq East Las Olas Boulevard Suite Boca Raton Florida Telephone Facsimile By s/Stephen A Mendelsohn STEPHEN A MENDELSOHN Florida Bar No mendelsohns mutlaw.com smithlwiitlawxdm FLServiccuJMIaw.com BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Filing I E-Filedl0/2i12di PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND F.OR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC 267Pubiisher of THE PALM BEACH POST CA.SENO X-MB DIVISION AG Plaintiff DAVE ARONBERG as State Attorney of Paim Beach Countv Florida SHAR:ON BOCK Clerk and Comptrol er ofi lm Beach County Floridll Defertd nts PLAJNTIFF C:A HOLDINGS LLCS NOTICE OFDROJ PiNG STATE ATTORNEY DAVE ARONBERG Plaintiff CA HOLDINGS LLC pursuant to Fla Civ I hereby notifies the partie that it has dropped State Attorney Dave Aronbeq?;Srom the above case Respectfully submitted GREENBERG Tllt URIG lfuorneysfor CA Florfda.f/oldigs LLC Pi1blisher of The Palm Beach Po:v1 Stephen A Mt!ndelsohn._Escj I East Las Olas Boulevard Suite Boca Raton Fl r1da Telepho11e Facsimile By IV Steplie1i A i 4endelsohn STEPHEN A MENDELSOHN Florida Bar No mendelsohnsimutlaw:com sm ithl1:gtlaw,cc1m f-LScrvicc ci1gtlaW.com CA/Aropft,8ffl5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM By Michael Grvsiel MICHAEL GRYGIEL Admitted Pro HacVice State St 6th Floor Albany New York Telephone Facsimile grvgielrri gtiaw.com By Isl Nina Bovaiian_ NINA BOYAJIAN Admitted Pro Hac Vice Century Park East Suite Los Angeles California Telephone Facsimile bova iann gtla w.cdrri riveraal gtiaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 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 s/Stephen A Mendelsohn_ STEPHEN A MENDELSOHN ACTIVE CA/Ar0 WM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM By Isl Michael Grygiel MICHAEL GRYGIEL Admitted Pro c--Vice State St 6th itoor Albany Ne York Tele"phone fa:c!:iihlile lr,/gielni a2gtia Cdii By Nina Bo;a NINA BOYAJIAN cAd itted Pro liac Vice 242_ritury Park Eas_t Suite Los Angeles Cal1fomi Telephone Facsimile 267ova iann iuctla w.ci:1m rivc:raal a Hla,v;corri CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this st day of October a true and correct c9py qfthe foregoing has been filed with the Clerk of the Court using the State of Florida e-filing system which will sceijd a notice of electronic service for all parties of record herein Ir/Stephen A Mendelsohn STEPHEN A MENDELSOHN ACTIVE CA/Ar0ffli Ai99J BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT CA/Aro ih BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Jacobs Scholz Wyler LLC Gateway Blvd Suite Fernandina Beach FL United States Jacobs Scholz Wyler LLC Dave Aronberg Balance Invoice Invoice Date November Payment Terms Due Date Aronberg SAO15 adv CA Florida Holdings LLC Time Entries Date EE Activity Description Rate Hours Line Total DW Review Initial review of summons and complaint pw Review Reviewed motion for pro hac vice and Judge Hafele order granting DW Teleconference Teleconference Client re response to lawsuit DW Draft Drafted engagement letter and sent to client DW Review Reviewed 15th circuit local rules Aij Review Initial review of complaint AU Meeting Meeting DAW to discuss lawsuit and strategy DW Meeting Meeting AU to discuss lawsuit and strategy AIJ Teleconference Teleconference Client re response to lawsuit DW Research Preparation Research and prep for Motion to dismiss DW Draft 1st Draft motion to dismiss DW Teleconference Teleconference Client re draft motion to dismiss AU Review Reviewed 1st Draft MTDismiss AU Teleconference Teleconference client re draft motion to dismiss AU Meeting Meeting DAW re motion to dismiss DW Meeting AU re MTDismiss_ __ DW Draft Completed final draft of motion to dismiss filed with Court OJ DW Teleconference Spoke client re final draft of motion to dismiss CA/Ar 260pfi K1 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Ja c;;t c1tjl:i 1Vyl_ LLC C,ateway Blv9 suite:201 Fermindina Beach United States ave Aror1berg Balance Invoice l11v ice Date Paym nt Terms 267oue Oat November nberg dv CA.Florida Holdings LLC Ti_me Eot.ries Date EE A"ctivitY Descriptici Rate Hours uneTota1 ow Review Initial review of summons and complaint ow Review Reviewed motion for pro hac vice and judg Hafele order wanting ow TeJeco11ference Teleconference Client re response tq lawsuit ow Draft Drafted engage merit letter and sent to client ow Review Reviewed 15th tircuilloca rules A1j Review lnitiai"review of complaint AIJ Meeting Meeting bAw to discussfawsuit and strategy ow Meeting Meeting AIJto discuss lawsuif ln strategy AIJ Teleconference Teleconference Client re response to lawsuit Research ow Research and prep for Motion to dismiss Preparation ow brait 1st cirait motion to dismiss ow T_e_leconferepce Teleconference Client re clraft motion to dismiss Al Review Reyiewed 1st Draft MTDi ini5:s AIJ Telecon 267ference Tei iifefence wt client re draft notion to 267ctismiss AIJ Meeting Meetin9 Df:-IN;re motton to dismiss Meeiing AIJ re MTDis _iss __ __ JJW Meeting __ Cgmpleied finaldralt of motion io dismi file9 with_ ow Draft Court Spoke clieni re final draft ol motion to dis!liss ow Teleconference CA/Aro?.Pcfil5?iA BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM DW Teleconference Spoke with Clerks attorney re response v5 AU Review Reviewed final draft MTDismiss AU Review Reviewed Clerks MTDismiss DW Review Reviewed Clerks Motion to Dismiss DW Review Reviewed Order Setting Hearing on Defendants MTDismiss DW Review Reviewed motion for pro hac vice DW Review Reviewed Pls Amended Complaint DW Teleconference Spoke.with client re Amended Complaint DW Review Reviewed Pls notice of filing p;T AU Review Reviewed Pl 2s Am Compl DW Review Reviewed Judge Marxs Order Cancelling MTDismiss Hearing DW Review Reviewed Pis Objection to Defendants MTDismiss DW Teleconference Spoke with client re Amended complaint AU Meeting Meetingw DAW re response to Am Compl DW Meeting Meeting AU re response to Am Compl DW Review Reviewed Order granting pro hac vice admission DW Research Draft Researched and.drafted response.to Amended Complaint DW Teleconference Spoke with Clerks attorney re response to amended complaint DW Various Completed Answer/MTDismiss Amended Complaint filed with Court sent copy to Client DW Draft Drafted arid filed Notice of Unavailability AU Review Reviewed final Answer/MTDismiss DW Review Reviewed Clerks Answer/MTDismiss DW Review Reviewed Order setting hearing on Defs MTDismiss DW Teleconference Spoke client re order setting MTDismiss hearing for March DW Review Reviewed Pi 2s Opposition to Aronberg MTDismiss Clerks MTDismiss AU Review ReviewedPis Opposition to Aronberg MTDismiss Clerks MTDismiss DW Teleconference Reviewed email from Pls counsel re motion to continue hearing DW Review Reviewed Pl 2s unopposed motion for continuance DW E-mail Emails w/Clerks counsel re Pl 2s request to continue hearing DW E-mail Reviewed erriaii from PI re agreed order responded DW Review Reviewed Court 2s agreed order continuing hearing CA/ArW 0PM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM econferer_1Ce ow po _with,_Clerks atto1T1ey re respo se AIJ Review Revie VEid fih1il att JP_i miss AIJ Review Reviewed Clerks MfDlsm!ss OW_ Review Reviewed Clerk t.1otiori to Qisrniss pw f:leview Re ievved Order ttfr1g Hearing on Defendants _Dismiss ow Review Rev ewed moli fot pro vice Review Aevi ed Pl;s Ainended;Cof11plaint ow o_W Telec;orifererice 9pok 5yi_tci cliefni fnie_nded Conip f!in,t bw Review Reviewed Pls rioiice of _filing AIJ Review Reyiewed Pl.s,fm Compl Reviewed judge Marxs OrdefCariceliin ow Review MTDi mi He ring bW Review vietved Fh Objection to Defe_ridant t,1TDisi:niss 5:oo ow Teleconference Spoke wit11 clieri re Amended complain A1J Meeting Meeting PAW re resporse to A,rii C:ompt ow Meeting_ etingwlAl.j re:respoi1se to Am Compi sa oo Review Reviewed Or.de anting pro hac ice adini_ssi_on ow Research Draft Researched and.drafted response.to Amended 42s:oo Coriiplaini QW Teleconfetence Spoke with Clerks attorney re response to amended complaint ow Various Co!Tlpleted Ans ver/MTDismiss Amended Coinplairit fi_led vith Court serit copy to Client ow Draft Drafted and filed f..!ot,ce of UnaVailability AIJ Review Reviewed final Answer/MT.Dismiss ci.2 Review Review Glerk;s Answer/MTDi miss ow Review Reviewed Ordersettin_g hearing Clefs MTDisini ow leconferenc:_e Spoke wi client re order s_etting MTDismiss hearing fcir March Reviewed Pls Opposition to Aronberg MTDismiss ow Review Clerks MTDismiss AIJ Revi Reviewed Opposion to.Aronberg MTDismiss Clerks MTDismiss ow Teleconference Reviewed email from PJs counsel re motjon to con.tinue hearing ow Review Reviewed Pls unopposed motion ior conifr1uance ow 267E,mail Emails yt Clerks courisel re Pls reguest to conlinue hearing ow Email Re_viewed emaii from PJ:re agreed orqei resi 9nded ow R_evieVf e_v ev,,ed Gou_r1s weed ordef contjriujng hearirig CA/AroPJi1 Ai BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM DW Review Reviewed order rescheduling hearing on Deis MTDismiss DW Teleconference Spoke client re order rescheduling MTDismiss hearing for June AIJ Review Reviewed Order rescheduling MTDisrriiss hearing DW Review Reviewed order setting Zoom hearing re MTDismiss DW Teleconference Spoke client re hearing will be via Zoom DW Review Reviewed Clerks filing change of atty of record DW Teleconference Spoke with Clerks new counsel Nicole Fingerhut DW E-mail Reviewed Pls email re cases and authorities for MTDismiss hearing responded oi DW Preparation Began oral argument prep for MTDismiss hearing DW E-mail Reviewed email from Judge Marxs JA and responded DW Various Reviewed page binder re MTDisrriiss prepped for hearing DW E-mail Drafted and sent email to client re MTD hearing tomorrow DW Attend Hearing Prepped for and attended MTDismiss hearing via Zoom DW Teleconference Spoke Client re debrief MTDismiss hearing DW E-mail Emailed courtesy copies of Aronbergs Answer and MTDismiss to judge Marx DW E-mail Reviewed response frdrn Client and replied AIJ Attend Hearing Attended MTDismiss hearing via Zoom AU Review Reviewed order granting MTDismiss prejudice DW Review Reviewed Courts Order Granting Defendants MTDismiss Count II Prejudice DW Various Shared order Cliehtand.spoke re result and plan going forward DW Various Researched Fla Stat drafted demand letter and proposed motion for attorneys fees/sanctions Served Pl 2scounsel with demand letter and proposed motion AIJ Meeting Meeting w/DAW re Order DW Meeting Meeting AIJ re Order AIJ Review Reviewed demand arid proposed motion for sanction DW Various Reviewed notice of change of attorney re Clerk cailedand spoke new counsel/Cynthia Guerra DW Various Reviewed Pls letter refusing to voluntarily dismiss amended complaint despite demand;.called and spoke client re Pis refusal next steps i.o BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Reviewe9 order resch iiling hearing oqQefs ow Review MOis_rni ow Te econference Spoke client re_ order eschedul ng MTQismiS he ng for June a _R Revi ed Order rescneduiinfMtrnimiss hearing A!J Revlewed order setting Zdorn hearing re ow Review t.iTDismiss DW Teleconte 267rence Spoke wi Uent re hearing wili be via Zoom ow eview Reviewed Clerk._s filing change of atty of record Teleconlerence Sppke ti Clerks new counsel Nicole Fingerhut H2s.oo b.:i 267sas:oo ow Reviewed Pfs emaii re cases and authorities for oJ ow E-mail MTDisriss hearing respornled Began oral argument prep for MTDismiss ow Pr paratio I he ring ow E-mail Reviewed email from Judge Marxs JA and resp_onded ow Various Reviewed page binder re MTDismiss 267prep for hearihg pw rnail Drafted and.sent email to dient re:MJD hearing tom_orro ow Attend Heari.ng PreppedJor and attended MTDismiss hearing via Zoom Spoke Client re debrief MTDis_rniss he_aring ow Teleconference ow _E-mail Em led_ ciurtesy copies cif ArontiergsAriswer anp MTDismiss to judge Marx ow E-mail viewed response lroni Ciientand replied AIJ Attend Hearing Attended MTDismiss he.aiing via JOm oo AIJ Review Reviewed cirdeq1ranting MTDismiss prejupice ow Review Reviewed Court;s Order Granting Defendants MTDismiss Count llw/.Prej1Jdif:1_ ow Various Shared order Clienrand spoke re:.resuli and p!a_n gqing 267fon,vard re Researched Fla Stat draited Si ow Various dernaridletterand proposed mdtfo11 or allor_neys SSM6 iees/sanctfons Served Pls.counse_l with.demand letter and proposed motion AiJ Meeting Meetingw/.OAw_ re Order ow Meetjng Meeting AIJ,_re Order AIJ Review RE1viewed demand and proposed motion tor 225sanction ss;i:oo Reviewed notice.of change ofattorney re Clerk ow Various cai1eci 267and spokew/new counsel:Cynthia 267Guerra __ Reviewed Pls iter reius1ng to voluntarily dismiss ow Vario amended complaint despite demand _called and spoke clie re Prs relu i xi steps CA/Aropff1ffo?iJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM pw E-mail Sent client copy of Pl letter refusing to dismiss complaint AU Review Reviewed Pis letter refusing to dismiss Count l/Am Compl DW Various Spoke client re filing of motion for fees/sanctiohs filed motion for attorneysfees based oh Pls failure to voluntarily dismiss amended complaint count bw E-mail Efnail to client re affidavit and summary judgment DW Teleconference Discussed Client drafting and filing Motion for Summary Judgment arid MSJ evidence AU Teleconference Discussed Client drafting and filing Motion for Summary Judgment arid MSJ evidence DW Draft Created 1st draft of Aronberg Affidavit shared client AU Various Reviewed draft affidavit and discussed DAW DW Meeting Discussed draft affidavit AU pw Review Reviewed Pls Request to Produce re Clerk DW Teleconference Spoke Clerks counsel rerRequest to Produce DW Review Reviewed Pls Amended Request to Produce re Clerk DW Teleconference Spoke Clerks counsel re Amended Request to Produce DW Draft Revised Aronberg affidavit DW Draft Finalized Aronberg Affidavit.and sent to client DW Research Preparation Research and prep for Motion for Summary Judgment DW Various Received executed Aronberg Affidavit DW Draft Began drafting Motion for Summary Judgment DW Draft Continued drafting Motion for Summary Judgment DW Review Reviewed email from Plaintiff attempting to set hearing on motion for fees/sanctions DW E-maiJ Sent responsive email to Pls counsel DW Meeting Discussed draft MSJ AU AU Various Reviewed draft MSJ and met DAW to discuss DW Draft Finalized Motionfor Summary Judgment filed court along with Aronberg affidavit DW Teleconference Spoke w/Clerks counsel re request to produce DW Various Reviewed Pls email and accepted conference call invite for QI DW Review Reviewed Clerks response to request for DW Teleconference Spoke Pls counsel re dispute as to whether MSJ should be heard before fee motion or vis versa call was unsuccessful CA/Aropf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM PW E_-mail AU Review ow Various ow E-mail ow Teleconierence AIJ Teleconference ow Draft AIJ Va 9lJS Meeiihg ow ow Review ow Teleconference ow 11eview ow Telecohlererice OW Draft ow Draft ow Research PreparaUon ow Various ow Draft ow Draft ow Review ow mail ow Meetioo AIJ Various ow Draft ow Teleconference ow Various ow Review ow Telei::qnference Sehl client copy of Prs letter fus_ing to dis,;niss corriplaini_ Reviewed Pis-lett refusing to dismiss Count II Am Compl Spoke wt client re fifing of motion fees/sancliohs;filed rrioflpnJor aifomeys fees based on Pls failure to volu tarily 267ismiss a-rilended complaint t.if Email cileni re affidavii and SUfT!JTiary j4dgrnent Discysseci vdCfienidrafti and filing t,,lotion for Summary Judgment and MSJ evidence Discussed Clienidrafiing and filing Motion for Surr;i.!lary Jud.gment arid_ MSJ_ evid nce Gr ated 1st draft of Aronberg Affidavit shared.wt client Reviewed drafi affidavita dis ssed bAW oiscussed raft affidavit w/_AIJ Reviewed Pls Requesi to Produce re Clerk spqke yi/Cl _rks cpu11sel re:Jlequest to;P_roduce Reviewed PJs Amendeg 247Cluest to oduce qerk Spoke wi Clerks counsel re Amended Request to Pr9duce Revised Aronberg affidaVit Finalized Aronberg Affidavit,and sentto clieryt Research and prep tor Motion for Summary Judgf!l nt Received exec.u ed rgnberg Affipavit Began drafting Motion for Summ.ary,Judgment _Coritiriued draftin Motion for Summary JlJdgment Reviewed emaii from Plaintiff.attempting to set hearingon motion for fees/sanctions Sent responsive emai to ls couri!:iel Discussed draft MSJ w/AIJ Reviewe r_aft MSJ a,nd met wi fJAW to_,d s.cuss Finalized Motion.for Summary JLidgm nt filec:rwt court alo.ng with Aron rg affidavit Spok Clerks counsel re quest to produce vie_w Pts email and accepted conference call invite Jor QQ Reviewed Clerks esponse to request for production spoke WI.Pts fOLirisel disp1,1te as iq wtiether MSJ should be heard before fee motion or VIS ver a Ccill wa_s unsu_cc ssful oJ o.i ill o.s CA/Aropa Ai BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM AU Meeting Discussed w/DAW phone call Piis counsel DW Meeting Discussed AU phdne.cali Pis counsel DW E-mail Reviewed email from Pls counsel requested Aronbergto withdraw sanctions motion w/o prejudice DW Meeting Discussed AU filing.motion for CMC AU Meeting Discussed w/DAW filing motion for CMC DW Various Drafted and filed motion to set case management conference re MSJ st dr Fee hearing ist pw E-mail Responded to Pls email and refused to withdraw motion provided copy of motion to set CMC and availabie dates.for hearing DW E-mail Reviewed Pls emailihsistihg that motion be withdrawn DW E-mail Replied to Pis counsel that the motion for sanctions will not be withdrawn and asking for response re CMC DW E-mail Sent client copy of email exchange PCs counsel called and spoke w/Client DW Various Drafted and filed Notice of Hearing on set up Court Call spoke w/client re hearing date DW Review Reviewed.PIs Memo of Law opposing Aronbergs motion for fees/sanctions DW Review Reviewed Pls Response to Aronberg 2s request to schedule motion for fees after.MSJ AU Review Reviewed Pls Memo of Law opposing motion AU Review Reviewed Pls Response to Ardnbergs request to schedule motion after.MSJ DW Research Research caselaw statutes re response to Pls Memo of Law DW Research Analyze Continued researching caselaw re response to Pls memo of law pw Draft Created 1st draft of Response to Pl 2s Memo of Law and shared Client DW Meeting Discussed AU caselaw and draftresponse to memo AU Various Reviewed draft MSJ discussed draft DAW and caselaw pw Draft Finalized and filed Response to Pls Memo of Law DW Telephone Spoke client re memo of law DW Telephone Spoke client again re response to memo of law DW Attend Hearing Attended hearing re Motion to Set CMC called client to discuss Pw Various Reviewed email.and letter from PI re settierhent Sent copy to Client and called to discuss CA/Ar 260Pft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM AIJ Meeting ow MeEiifng ow E-niail ow Meeting AIJ Meeting o_w Various pw E-mail ow 267E-inail ow E-mail ow EIT ail ow Various ow Review ow Beviey Al Review AIJ Revjew ow Research bw Research Analyze ow Draft ow Meeting AI_J Vari.ous ow Draft ow Telephone Telephone ow i.ttend_Heari ow va.riou.s Disrussed w/DAW phone call Pis 225couhsel Discussed AIJ phon _call p1s cou sel Reviewed email from Prs counsel requested Aronb rg to Yithdraw sanctions motion prejudice 267oiscU?Sed AIJ filin motion for CMC Discu_ssed wJ fiHng motion for CM.C Drafted and filed motion set case manag.ement conferehce MSi 1st eaiiryg fsi Responded to Pfs 9tisi20 eiriaii nd sed to withdraw io motion provided IX PY of motion to set.9MG andavailabie d.itesJor hearing Review Pls einai_liilsis1iilg that motipn be withdrawn_ Replied to Pls counsel tha_i the mg_tion lo sanclioil!i wiH not _be 267wjthdrawri and asking for response re CMG Sent client copy of:email 3ichange wt Prs.counsel called and spoke Client Drafted and 1.ed tice of Hearing on set up Cou,:i Calf spoke _w clleni re hearing date Reviewed.Ph M,eino of Law opposing;Aronbergs motion for tees/sanctions RevieVfed Pl F!espon to Aro_n6ergs requesi to _schedule motion for fees after 1SJ R!3viewedPls Memo of Law opposing motion Reviewed Pls Response to Arcinbergs requesi to schedule,57.105_ moiion aiter.MSJ Res 267eaicti caselaw statutes re resporise to Pls Memo of law Coritiriuea research,iilg selaw ie response I PJs memo of law Created 1st draft of Response to Pls Memo of Law arid shar wiCli i Discussed AIJ caselaw and draft:response to n:iemo Reviewed drl3_f MSJ dl ussed d!aft.wl DAW and caselaw Finalized and filed Response to Pls I-J1emo of Law Spoke wt client memo law ew client gain re re _ponsino memo of law Atiencie hearing Mol_ionto Set CMC cal!eci i::lie11t:to 1scuss Reviewed email,and.letter from Pl re settlement Sent copy tq Client and called to discuss oo oo 95.Qci Q.l CA/Aro.pil1 A1 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM pw telephone Spoke Pi 2s counsel re settlement DW Telephone Spoke wZ client re Pls settlement proposal AU Various Attended hearing re motion to set CMC discussed wZ client AU Various Discussed Pls settlement proposal DAW and thenwZ Client pw Meeting Discussed Pls settlement proposal wZ AU DW Various Drafted and shared proposed order wZ Pls counsel DW Telephone Spoke wZ Pls counsel re settlement DW Telephone Spoke client ref Pl 2s settlement proposal DW Meeting Discussed Pi 2s settlement proposal wZ AU AU Meeting Discussed Pl 2s settlement proposal DAW DW Various Uploaded proposed order re CMC for Judge Hafele DW Telephone Spoke w/client re Pls settlement proposal DW Telephone Spoke Pi 2s courisel re settlement Meeting Discussed Pls settlement proposal DAW i DW Meeting Discussed Pls settlement proposal wZ AU DW Various Reviewed email from PI re settlement sent copy to Client and called to discuss DW Telephone Spoke wZ client re settlement DW Telephone Spoke Pis counsel re settlement DW Telephone Spokew client re settlement DW Meeting Discussed Pls settlement proposal w/AU AU Meeting Discussed Pls settlement proposal DAW DW Various Drafted and filed Motion to Set Hearing on Aronberg MSJ drafted proposed order granting motion to set checked court availability emailed Pls counsel re choose date for hearing DW Review Reviewed Order re CMC unnecessary DW telephone Spoke wZ client re media response DW Telephone Spoke client re media response Pw Telephone Spoke client re media.response DW Telephone Spoke wZ client re media response DW Telephone Spoke client re media response DW E-mail Sent email Aronberg statement to media AU Meeting Discussed media response wZ DAW DW Meeting Discussed media response wZ AU DW Various ReviewedPIs Notice of Dropping Aronberg as arty spoke Client and AU re notice and next steps CA/Arop Op-y BEACH CouNTY FL JOSEPH ABRUZZO CLERK PM ow Teleph6ne Spoke w.J Pls COl nsel re setllemeni O,l ow Telephone Spoke ierit re Prs settlement proposal AIJ Various Attended hearing re tion to set CMG discussed wlclient 4o/s:oo Discussed PJs settiement proposal OAWand AIJ Various then_ w_ Client ow Meeting Discu sed Pls settlelent proposal AIJ DW Various Drafted and hared pro_posed o_rder PJs cou.nsel ow Telephone Spoke_w Pls.coimsel re_:se_ttlement DW Tel_eph_one Spoke wi client ref Pr settlemenf propo I ow Meeting Di_scussed Pis settlement propoi I wt AIJ ci.2 AIJ Meeti,:ig Discus ed Pl.s settlement proposal DAW Uploaded propo.sed order re CMG for Judge ow Vanous Hafele DW Telephone Spoke w/client,_ re Pls _settlement proposal PW Telephone Spoke wl_ Pis counsel re settle.lerit OJ AIJ Meeting Discussed Pl;s settlement proposal W/DAW ow eting Discussed Pls settlement proposal AIJ ow Various Revtewed e_mail from Pl re settlement sent copy ci.5 to Client arid called ti discus_s ow Telephone Spoke client re settlement DW Telephone Spoke wt Pls counsel re 267setllemenf ow Telephone Spoke.wt client re settlement ow Meeting Discussed PJs seitlemenf proposal A1j AIJ Meeting Discussep Prs settlement proposal DAW Draftee ancl filed Motion to Set Hearing on DW Various ronberg MSJ drafted proposed order granting motion set;checked court availability;emailed PJs counsel re choose elate for hearing ow Rev_iew Reviewed cirder,,re CMG unnecessary DW Telephone Spoke wt client media _response ow Telephorye Spoke _w client re media response ow Telephonii Spoke client re media.response ow Telephone Spoke client re media.response DW Telephone poi wt client re _media response ow E-mail Sent email Aronberg statement to media AIJ Meeting Discussed media 267respon DA_W QW Meeting DiSC1Jssed media response AIJ Reviewed-PJs Notice oi bropping:Aronberg ow Various rty spoke w/Client and AIJ re notice and next steps CA/Ar0:f1fl9f BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM AU Various Reviewed Pl 2s Notice of Dropping Aronberg as party spoke Client and DAW re notice and next steps Totals Time Entry Sub-Total Sub-Total Total Amount Paid Balance Due CA/Ar 260pft 256BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Reviewed Pis Noiice of Dtripping Arcinbefg party spoke Client andpAy re hqticii arid next steps 267Time Entry Sul Total SLi Total Total Amount Paid CA/Aro ft i ffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/Amp I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM EXHIBIT EXHIBIT CA/ArOf;1ft,9fflj?iJ i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM JacobsScholz Wyler leg THE LAW OFFICES OF JACOBS ASSOCIATES PA ARTHUR JACOBS A UMfTtd ABIUTY COMPANY OF PROFESSIONAL ASSOCIATIONS ATTORNEYS AT LAW GATEWAY.TOAMELIA GATEWAY BLVD SUITE 2pij Fernandina Brack,Florida32034 RICHARD SCHOLZ P.A RiCHARp SCHOLZ TELEPHONE FAX NO 9Q DOUGLAS A WYLER P.A DOUGLAS A WYLER November Office of the State Attorney 15th Judicial Circuit Attn Jeanne Howard North Dixie Highway West Palm Beach FL Re CA Florida Holdings LLC Dave Aronberg et al Case No Dear Mrs Howard The purpose of this letter is to confirm that Jacobs Scholz Wyler LLC will represent you regarding the above-referenced matter Our fees will be contingent upon our success in this matter You will not be liable or required to pay any monies to pur office unless we are successful in our representation Of you regarding the above-referenced litigation and receive a court order awarding attorneys 2fees Accordingly should we be successful in this matter you agree to be billed for the time incurred in defending this action at our current hourly rates At this time our cun-erit hourly rates are 475.00/hourfor senior partners 425.OO/hour for other partners 5375.OO/hour for-associate attorneys and for paralegal time Furthermore the attorneys fees paid to our firm shall be calculated by the above listed hourly rates multiplied by the number of hours expended in defending th is action dr the total fee mandated and awarded by the.cpurt order herein whichever is greater By signing below you agree to rite terms as set forth above Please return a signed arid dated-copy of this letter to our office If you have any questions or concerns please contact our office On behalf of the firm we are proud to represent you in this matter Sincerely Douglas A Wyler Esq For the Firm CJieni CA/Arop BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 1Hc LAw c:iF IAC ATCS JA tl:t i GAitiiAY;TO jirEi.iA iue ARO c:H P.A ea,ee7 iMrEWAv eLvo su,TE RiFH,i.RO i scwou Al I November Office of th Stai Attorney 15th Judicial Circuit Attn neHowruif N9rth Di,cie High ay West Paiin 267seach,-FL i Buca TEU:PHONE Gi FAA NO R.e A F19rida Holdings LL Dave Aro,n erg et al C_ase Dear.Mrs 1:-f9ward 00.UGLAS AiWYl.l:R_ P.A DOUGLAS A Wf,fR The pu of thisJet.ter is to confirm that Jacobs Scholz Wyler LL 245ill represent you 267regard 1ng the above-referenced matter Ourfees will be CQnting nt UPQO our s11ccess in this matter.-You will not be liabie or requ_ired to pay any moni.es to.9Uq:,ffice unle we are successful in our 267representation cifyou regarding the above-referenced litigaticm and receive a court of4er awarding attofneys fees A qrdingly,.should I in this matt r,:you agi:ee to be bll:led for the tinie inclirred in def 11ding this acticm at QUr p.n:ent h0IJlly 225i;ates At this time our currerit houriy rates are for senior partners hourfor other partners 00iho11r associate attorneys and 00/hour for paralegal time Fu tmol.C the orn:eys fees pai to our finn shaH be_ 3:kulated by the tioye listed hour!Y r!ites rriulttplted byt:he.il 267urriber of hours ex i ed in defending this action tbe total fee a_ndated and awarged by the:CQurt order rein whichever it ter By signing beio you agi:ee to tlJe tenns set fonh above Please-retuma signed rid dated:copy fthis lette to our;office If you have any question or concerns please contact our office On behalf qf the finn we 267are proud to representyou i this matter SiPr Douglas Wyier Esq the rirm Date CA/Aroptfi5?iJ 1?Ri BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM
