Case Document Entered on FLSD Docket Page of The FBI is required to follow a certain protocol in responding to a subpoena for records and has not had the opportunity to do so since Plaintiffs served the subpoena days before filing their Motion See C.F.R et seq Next Plaintiffs assertion that the FBI informed Plaintiffs counsel that it requires further authorization in order to release the Plaintiffs own sworn statements is disingenuous See Motion at There is nothing in the record either by way of a paper filed by the FBI affidavit of an FBI representative or even a letter or e-mail to corroborate Plaintiffs statement And it is doubtful the FBI made such a statement as C.F.R a provides that no employee or former employee of the Department of Justice shall in response to a demand produce any material contained in the files of the Department without prior approval of the proper Department official in accordance with and of this part Section requires the matter to be referred to a U.S Attorney and mandates specific procedures to be followed in determining whether and under what circumstances the requested information should be disclosed Moreover the U.S Attorney must request and receive a summary of the information sought and its relevance to the proceeding See C.F.R Only after these procednres are followed can the FBI and the U.S Attorney produce responsive materials Moreover C.F.R a outlines various factors the Department must consider in determining whether to disclose records provides circumstances under which disclosnre will not be made And even if the Court granted Plaintiffs Motion the FBI and U.S Attorney may respectfully decline to comply if the requirements of C.F.R and have not been met See C.F.R Case Document Entered on FLSD Docket Page of Plaintiffs by their Motion are attempting to short-circuit the above-described procedure The Court should therefore deny Plaintiffs Motion as it is premature and since the procedures and requirements outlined in C.F.R et seq have not yet been satisfied WHEREFORE Defendant JEFFREY EPSTEIN respectfully requests the Court deny Plaintiffs JANE DOE NOS Motion DE and grant any additional relief the Court deems just and proper By s/Michael Pike Robert Critton Jr Florida Bar Michael Pike Florida Bar Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF I also certify that the foregoing document is being served this day on all counsel of record identified on the following Service List in the manner specified by CM/ECF on this day of March Respectfully submitted By s/Michael Pike ROBERT CRITTON JR ESQ FloridaBarNo rcrit bclclaw.com MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Banyan Blvd Suite West Palm Beach FL Phone Fax Counsel/or Defendant Jeffrey Epstein Case Document Entered on FLSD Docket Page of Certificate of Service Jane Doe No Jeffrey Epstein Case No 08-CV-80119-MARRA/JOHNSON Stuart Mermelstein Esq Adam Horowitz Esq Mermelstein Horowitz P.A Biscayne Boulevard Suite Miami FL Fax ssm alsexabuseattorney.com ahorowitz sexabuseattorney.com Counsel for Plaintiffs In related Cases Nos Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Fax jagesg bellsouth.net Counsel for Defendant Jeffrey Estein Farmer Jaffe Weissing Edwards Fistos Lehrman PL Andrews Avenue Suite Fort Lauderdale FL Phone Fax brad pathtojustice.com Counsel for Plaintiff in Related Case No Paul Cassell Esq Pro Hae Vice South Room Salt Lake City UT Fax cassellp law.utah.edu Co-counsel for Plaintiff Jane Doe Isidro Garcia Esq Garcia Law Firm P.A Datura Street Suite West Palm Beach FL isidrogarcia bellsouth.net Counsel for Plaintiff in Related Case No
3,787 characters
