DI-6.9STRICT COURT-4.1 10650SOUTHERN DIST-3.4RI-6.2CT OF FL-3.4ORIDA No 9:08-80736-Civ-Marra/Johnson JANE DOE and JANE DOE UNITE-4.9D JANE NO AND JANE DOE NO POSITION REGARDING OF JEFFREY AT UPCOMI NG MEDIATION SESSION 2619COME NOW Jane Doe No and Jane Doe No the victim8.5s by and through undersigned counsel to respond to the Court?s inquiry as to whet her Jef8.4f3.4rey Epstein should be perm8.7itted to attend the court-orde4.7red m8.7e-.3diat ion sess5.2ion in this cas5.2e The victim8.8s believe that his presence would not be useful a nd that he should accor dingly be excluded the Court is aware it has directed the pa rties in this m8.4a-.6tter to m7.3e-1.6diation Under the Court?s local rules m8e-1diation is confidential All proceedings of the media tion shall be confidential and5.6 are in a4.5ll respects as provided under federal law and Florida Statutes proceed5.5ings not reported recorde placed into evid5.5ence known to the Court or jury or construed for any pur pose an adm9i-1ssio6.2n1.2 against in6.2terest A party is not bound by anything said5.2 or done at the conferen5.6ce unless a written5.6 settlem8.6e-.4nt is5 reached in which case only the term8.5s of the settlem8.5e-.5nt are binding.5.7 Local Rule em8.2phasis added light of the confidential nature of the proceed5.4ings a ny who attend sh5.8ould5.8 only be perm8.3itted to attend the in5.5itial open sess4.7ion Case Document Entered on FLSD Docket Page of regard to prospec4.6t-1.4ive inte4.6rveno5.8r-1.2 Ep stein th5.9e case has yet reach5.9ed any stage where he m8i-2ght have a m8o.2re direct interest More the issues to be m8.7e-.3diated at this stage involve the victim8s pending m8o.2ti on for summ8ary judgm8ent DE which seeks summary judgm8.1e-.9nt only against the not Epstein The issues to be m7.7e-1.2diated will be com8.2p.4lex enough with the victim8.2s and Government rais5.1ing com8.7p.9eting po5.9sition5.9s.1 with5.9out in5.9jecting5.9 the concern6s5.2 of a third party And if the parties are succes4.8sful in resolv5.6ing their differences then Epstein?s participation well never be requir ed Sho5.8u.8ld the parties reach ag5.8reem8.6ent on a proposed resolution that implicates interests of Epstei and triggers his right to be heard then there will be tim8.5e enough after the m8.5e-.5diat ion to attend to his con5.3cerns 2810.8Should the Court believe that Epstein m7.8u0st be allowed to participate in the m7.5e-1.5diation the victim8.2s would raise two additional points First the victim8.2s the Governm8.2e-.8nt be allowed to comm7.9uni-7.1cate with each other con5.1f3.1identially If Ep stein is able to m8.9onitor th6.1e dis5.3c-.1u6.1ssions in any6.1 way that would settlem8.1e-.9nt effectively impo ssible the victim are not inclined5.9 to discuss their sexual abus with their abuser lis tening Second as with any other party at a m8.5e-.5diation Epstein attend personally so th at full settlement auth ority is available See Local Rule Unless excused in wr iting by the presiding Judge all parties shall be physically present at th5.6e m8.4e-.6(diation conference i.e in the4.7 pa4.7rty a pe4.7rson with5.9 author4ity to negotia4.8te a settlem8e-1nt Case Document Entered on FLSD Docket Page of all thes5e reasons the Court should find that Epstein is not perm8.6itted to atten5.8d.8 the upcom8.3ing mediation If he is perm8.3itted to a ttend sh5.6ould be requ5.6ired to atten5.6d.6 in person and should be able m8.6onitor co5.8mmunicatio ns because the victim8.3s and the Governm8.3e-.7nt 2750DATED April Respectf4.3u1.3lly6.3 Subm9.1itted,6.3 Bradley Edwards Bradley E6.3d.5wards FARMER EDWARDS FISTOS LEHRMAN P.L North Andrews Avenue Suite Fort Lauderdale Florida Telephone Facsim8.1ile brad6 pathtoju6s.2tice.com8.8 And Pro Hac Vice S.J 2750Quinney 2750College Salt 2750Lake 2750City Telephone Facsim8.2ile cassellp law.utah.edu 1250.5Attorneys for Jane Does No and This daytim7.5e business address is provided fo id6.4entif4.4ica5.2tion6.4 and co rrespondence purposes-6 only and is not intended5.8 to im8.6ply institu5.8tiona4.6l en5.8dorsem8.6e-.4nt by the Univer3.8sity Utah5.8 Case Document Entered on FLSD Docket Page of CERTIFICATE OF certify that the foregoing docum8.4ent was served on April on the following using the Court?s CM/ECF system8.3 Dexter Lee A Marie Villafa?a Australian Ave Suite West Palm8.2 Beach FL Fax Dexter.Lee usd5.7o.7j.gov ann.m8.3arie.c.villafana usdoj.gov Attorneys fo5.8r the Govern5.8m3ent Roy Eric Black Jacqueline Black Srebnick Kornspan Stum8pf Biscayne Boulevard Suite Miam8.5i FL Fax Em8.7ail plead5.9i-1.3ng royblack.com8.7 Attorneys fo5.7r Jeffrey Brad5.7ley Edwards Case Document Entered on FLSD Docket Page of
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