EFTA00599590.pdf

Case 9:08-cv-80736-KAM Document 46 Entered on FLSD Docket 03/18/2011 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 v. UNITED STATES JANE DOE #1 AND JANE DOE #2'S UNOPPOSED MOTION FOR FILING OVERLENGTH STATEMENT OF FACTS IN SUPPORT OF THEIR MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT COME NOW Jane Doe #1 and Jane Doe #2 (also referred to as "the victims"), by and through undersigned counsel, to move for permission to file an ovcrlength statement of facts in support of their soon-to-be-filed motion asking for a finding from this Court that the victims' rights under the Crime Victims Rights Act (CVRA) have been repeatedly violated by the U.S. Attorney's Office. The motion for permission to file is unopposed. As the Court is aware, the victims and the Government have been engaged in extensive discussions in an effort to resolve this case, or at least narrow the factual issues in dispute. On March 15, 2011, however, the victims received a letter from the U.S. Attorney's Office rejecting the victims' proposal for narrowing the dispute. The letter also indicated that the U.S. Attorney's Office would not be stipulating to any proposed facts offered by the victims. The victims are now finalizing a comprehensive motion (in the nature of a summary judgment motion) that would ask this Court to find that the U.S. Attorney's Office has violated EFTA00599590 Case 9:08-cv-80736-KAM Document 46 Entered on FLSD Docket 03/18/2011 Page 2 of 4 their rights under the CVRA. The factual predicate for the victims' argument is extensive and includes many e-mails documenting discussions between the U.S. Attorney's Office and defense counsel regarding whether to notify victims of events in the case and how to prevent disclosure of the existence of the non-prosecution agreement signed by the parties. The facts surrounding the concealment of the non-prosecution agreement extend over nearly one year, from roughly September 2007 through July 2008. A full recitation of the facts will take approximately 18 pages, which exceeds the 10-page limit for a summary judgment motion specified in Local Rule 7.5(c)(1). Because the U.S. Attorney's Office has refused to stipulate to any of the victims' facts, the victims are uncertain as to which facts may ultimately end up in dispute. Accordingly, the victims are reluctant to attempt to further shorten their factual accounting at this time. The victims currently hope to file their motion on Monday, March 21, 2011, along with several other associated pleadings. The Government does not oppose this motion. A proposed order is attached along with this motion. WHEREFORE, the victims ask this Court for permission to file an overlength statement of facts totaling approximately 18 pages in support of their motion for finding violations of the Crime Victims' Rights Act. EFTA00599591 Case 9:08-cv-80736-KAM Document 46 Entered on FLSD Docket 03/18/2011 Page 3 of 4 DATED: March 18, 2011 Respectfully Submitted, s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. Fort Lauderdale Florida I Telephone Facsimile Florida • E-mail: and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the Univergin., of I Itah Salt Lake Cit Telephone: Facsimile E-Mail: Attorneys for Jane Doe #1 and Jane Doe #2 EFTA00599592 Case 9:08-cv-80736-KAM Document 46 Entered on FLSD Docket 03/18/2011 Page 4 of 4 CERTIFICATE OF SERVICE The foregoing document was served on March 18, 2011, on the following using the Court's CM/ECF system: Assistant U.S. Attorney West Palm Beach, FL 33401 Fax: E-mail Attorney for the Government Joseph L. Ackerman, Jr. Joseph Ackerman, Jr. Fowler White Burnett PA West Palm Beach, FL 33401 Criminal Defense Counsel for Jeffrey Epstei (courtesy copy of pleading via U.S. mail) EFTA00599593 Case 9:08-cv-80736-KAM Document 46-1 Entered on FLSD Docket 03/18/2011 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 v. UNITED STATES [PROPOSED] ORDER GRANTING JANE DOE #1 AND JANE DOE #2'S UNOPPOSED MOTION FOR FILING OVERLENGTH STATEMENT OF FACTS IN SUPPORT OF MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT THIS CAUSE comes before the Court on Jane Doe #1 and Jane Doe #2's Unopposed Motion for Filing an Overlength Statement of Facts in Support of Motion for Finding of Violations of the Crime Victims' Rights Act, filed March 18, 2011. It is ORDERED AND ADJUDGED that the Motion is GRANTED. The victims may file a statement of facts no longer than 18 pages in length in support of their motion. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this day of March, 2011. KENNETH A. MARRA United States District Judge EFTA00599594