Case Document Entered on FLSD Docket Page of JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-Civ-80119-MARRNJOHNSON Related cases I Jane Doe No Motion for Leave to File Brief Case Document Entered on FLSD Docket Page of as Amicus Curiae in Support of Plaintiff Jane Does Opposition to Defendant Epsteins Motion for Summary Judgment and Certification of Having Conferred Pursuant to S.D Fla L.R Jane Doe No Plaintiff in Jane Doe No vs Jeffrey Epstein Case No individually and in her representative capacity for all those similarly situated and by and through her undersigned counsel respectfully files this Motion requesting that this Court confer amicus curiae status on Plaintiff Jane Doe No and permit undersigned counsel to file an Amicus Curiae brief in support of Plaintiff Jane Does Opposition to Defendant Epsteins Motion for Summary Judgment and Certification of Having Conferred Pursuant to S.D Fla L.R D.E In light of the consolidation of the related cases listed under the caption above and considering the similar if not identical material facts and law in these cases and the instant one Jane Doe No most likely will ultimately be bound by the Courts decision on the motion for summary judgment in Jane Does caseY As such Jane Doe No definitely has an interest in the determination of the issues at hand and should be afforded an opportunity to be heard on these issues In his motion Defendant raises the issue of which version of U.S.C applies i.e the version in effect at the time that Defendant committed the wrongs or the amended version which became effective in July and thus was in effect at the time that the Jane Does-including but not limited to Jane Doe and Jane Doe No 103-filed Pl Plaintiff is filing a motion to transfer and consolidate this action Jane Doe No vs Epstein Case No 08-CIV-80119-MARRA/JOHNSON with the other related cases that have already been consolidated for the purposes of discovery and procedural motions that relate to multiple cases pursuant to the Courts Order dated May D.E and filed under the consolidated Case No 08-CV-80119-MARRA/JOHNSON Case Document Entered on FLSD Docket Page of their claims The Courts ruling on this issue also will likely resolve other related matters that are critical to all of the Jane Does e.g whether under the earlier version of the Act victims who were minors at the time but no longer minors were allowed to bring suit whether the minimum compensation to victims on the part of the defendant was per incident or per count and which conduct constituted a violation These issues and sub issues have been lurking ominously since the inception of these cases Their resolution should enhance the settlement process Although the Federal Rules of Civil Procedure do not specifically provide for the filing of amicus curiae or friend of the court briefs at the district level district courts have inherent authority to allow the filing of such briefs if they will assist in the proceedings See In re Bayshore Ford Trucks Sales Inc Ford Motor Co F.3d 11th Cir citing Lathrop Unidentified Wrecked Abandoned Vessel Supp M.D Fla Resort Timeshare Resales Inc Stuart Supp S.D Fla Ample authority and numerous instances exist in which courts have allowed parties who do not necessarily meet the criteria for intervention to appear as amici before the court and submit briefs and argument as necessary See e.g Hopwood Texas F.3d 5th Cir black student organizations invited to appear as amici in case by white applicants challenging law school admissions policy at state law school as discriminatory British Airways Bd Port Auth of N.Y N.J F.R.D S.D.N.Y denying motion to intervene but allowing party to participate as amicus curiae in the case ajfd F.2d 2d Cir United States Mass Mar Acad F.R.D Mass same Amicus status is particularly warranted where as here the putative Case Document Entered on FLSD Docket Page of amici will bring perspectives and analyses that will be of use to the court in making its determinations Mausolfv Babbitt F.R.D Minn environmental group conferred amicus status where the participation of the group may assist the Court in its resolution of the issues raised by the parties in this case rev don other grounds F.3d 8th Cir An amicus participates only for the benefit of the court thus the court has the discretion to determine the fact extent and manner of participation by the amicus Resort Timeshare Resales Inc Supp at citingNews Sun-Sentinel Co Cox Supp S.D Fla Plaintiff Jane Doe No brief will assist the Court in arriving at an accurate well-reasoned and consistent resolution of issues of critical concern and import to each of the victim plaintiffs who have filed or will file claims against Defendant Jeffrey Epstein Counsel for Jane Doe No have been unable to agree with Defendant and his counsel on the issues outlined above Plaintiff Jane Doe No proposed amicus brief would oppose Defendants interpretation of his rights with regard to sexual exploitation and other abuse of children pursuant to U.S.C Being mindful of the interests of Plaintiff Jane Doe No in these issues and understanding that where he presents no new questions a third party can contribute usually most effectively and always most expeditiously by a brief amicus curiae Bush Viterna F.2d 5th Cir amicus curiae status confirmed the Court should therefore confer amicus curiae status on Plaintiff Jane Doe No with respect to the determination as to which version of applies This will involve consideration of retroactivity legal disability the effect on damages of Defendants multiple violations of a victim and Defendants ex post facto argument These issues critically affect not only Case Document Entered on FLSD Docket Page of Jane Does recovery but also that of Jane Doe No and all of the other Jane Doe victims of Defendant WHEREFORE Plaintiff Jane Doe No respectfully moves this Court for the entry of an order permitting her to appear as amicus curiae in support of Plaintiff Jane Does position s/Katherine Ezell Robert Josefsberg Bar No Katherine Ezell Bar No Podhurst Orseck P.A West Flagler Street Suite Miami Florida fax rjosefsberg podhurst.com kezell podhurst.com Attorneys for Plaintiff Jane Doe No CERTIFICATE OF COMPLIANCE WITH LOCAL RULE Undersigned counsel conferred on April with Defendants counsel Robert Critton Esq who advised that Defendant is unable to agree to this Motion Case Document Entered on FLSD Docket Page of Date April __ s/Katherine Ezell Robert Josefsberg Bar No Katherine Ezell Bar No Podhurst Orseck P.A West Flagler Street Suite Miami Florida fax rjosefsberg podhurst.com kezell podhurst.com Attorneys for Plaintiff Jane Doe No Case Document Entered on FLSD Docket Page of CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this day of April we electronically filed the foregoing document with the Clerk of the Court using CM/ECF We also certify that the foregoing document is being served this day on all counsel of record identified on the attached Service List either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to electronically receive Notices of Electronic Filing Respectfully submitted PODHURST ORSECK P.A Attorneys for Plaintiff Jane Doe No By s/Katherine Ezell Robert osefsberg Fla Bar No rjosefsberg podhurst.com Katherine Ezell Fla Bar No kezell podhurst.com City National Bank Building Flagler Street Ste Miami Case Document Entered on FLSD Docket Page of Telephone Facsimile Case Document Entered on FLSD Docket Page of SERVICE LIST JANE DOE NO JEFFREY EPSTEIN Case No 08-CV-80119-MARRNJOHNSON United States District Court Southern District of Florida Robert Critton Esq Michael Pike Esq Burman Critton Luttier Coleman LLP Banyan Boulevard Suite West Palm Beach FL Phone rcrit bclclaw.com mpike bclclaw.com Counsel for Defendant Jeffrey Epstein Jack Goldberger Esq Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Phone iagesq bellsouth.net Co-Counsel for Defendant ejfrey Epstein Case Document Entered on FLSD Docket Page of Bruce Reinhart Esq Bruce Reinhart P.A South Australian A venue Suite West Palm Beach FL Phone ecf brucereinhartlaw.com Counsel for Co-Defendant Sarah Kellen Jack Scarola Esq Jack Hill Esq Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach Florida Phone jsx searcylaw.com jph searcylaw.com Counsel for Plaintiff in related Case No Adam Horowitz Esq Stuart Mermelstein Esq Mermelstein Horowitz P.A Biscayne Blvd Suite Case Document Entered on FLSD Docket Page of Miami Phone ahorowitz sexabuseattorney.com smermelstein sexabuseattorney.com Counsel for Plaintiffs in Related Case Nos Spencer Todd Kuvin Esq Theodore Jon Leopold Esq Leopold Kuvin P.A PGA Boulevard Suite Palm Beach Gardens FL Phone skuvin leopoldkuvin.com tleopold leopoldkuvin.com Counsel for Plaintiff in Related Case No Brad Edwards Esq Civil Justice Attorney Farmer Jaffe Weissing Edwards Fistos Lehrman P.L North Andrews Avenue Suite Fort Lauderdale FL Phone brad pathtojustice.com Case Document Entered on FLSD Docket Page of Counsel for Plaintiff in Related Case No Isidro Manuel Garcia Esq Garcia Elkins Boehringer Datura Avenue Suite West Palm Beach FL Phone isidrogarcia bellsouth.net Counsel for Plaintiff in Related Case No
9,407 characters
