EFTA00618005.pdf

Case 9:08-cv-80736-KAM Document 307 Entered on FLSD Docket 02/04/2015 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 9:08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 v. UNITED STATES UNOPPOSED MOTION OF JANE DOE NOS. 1, 2, 3, AND 4 TO FILE AN OVERLENGTH REPLY IN SUPPORT OF THEIR MOTION FOR JOINDER IN ACTION COME NOW Jane Doe No. 1 and Jane Doe No. 2, joined by Jane Doe No. 3 and Jane Doe No. 4 (collectively "the victims"),1 by and through undersigned counsel, to file this unopposed motion for leave to file a reply not to exceed 18 pages in support of their Motion For Joinder in this action. As the Court is aware, on January 2, 2015, Jane Doe No. 3 and Jane Doe No. 4 filed a (corrected) Motion Pursuant to Rule 21 for Joinder in Act (DE 280), seeking to join this CVRA case. On January 20, 2015, the Government filed a thirteen page response in opposition to that motion (DE 290), attaching three exhibits totaling 38 pages. The Government's motion advanced several novel and complicated arguments about why joinder was not proper, including Jane Doe No. 3 and Jane Doe No. 4 (the "new" victims) currently have pending before the Court a (corrected) Motion Pursuant to Rule 21 for Joinder in Action (DE 280). As indicated in their motion for joinder, the new victims simply intend to join pleadings filed by the old victims. Accordingly, all four victims join in this motion, since it relates to a single pleading that all four wish to file together. I EFTA00618005 Case 9:08-cv-80736-KAM Document 307 Entered on FLSD Docket 02/04/2015 Page 2 of 4 issues of first impression regarding the existence of an implied statute of limitations in the CVRA as well as application of a statute of limitations contained in 28 U.S.C. § 2401(a). On January 30, 2015, the Government gave notice that it was filing an additional exhibit (DE 304) — a declaration of FBI Special Agent Slater. The victims now seek leave to file a reply to all these materials not exceeding 18 pages in length. The victims require additional space to advance their arguments, because they need to discuss the legislative history of the CVRA, a tolling provision found in the 28 U.S.C. § 2401(a) for a person who is "beyond the seas" when her claim accrues, and the relevance of an extended statute of limitations added by Congress for sex offenses against children. It is not possible to adequately address all these complicated issues in a ten-page reply. The Government's position on the motion is unopposed. Accordingly, the Court should allow the four victims to file a single reply supporting their motion for joinder in response to materials filed by the Government not to exceed 18 pages in length. A proposed order to that effect is attached to this pleading. DATED: February 4.2015 Respectfully Submitted, /s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephone (954) 524-2820 Facsimile (954) 524-2822 E-mail: brad@pathtojustice.com And 2 EFTA00618006 Case 9:08-cv-80736-KAM Document 307 Entered on FLSD Docket 02/04/2015 Page 3 of 4 Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: 801-585-5202 Facsimile: 801-585-6833 E-Mail: cassellp@law.utah.edu Attorneys for Jane Doe #1 and Jane Doe #2 • This daytime business address is provided for identification and correspondence purposes only and is not intended to imply institutional endorsement by the University of Utah 3 EFTA00618007 Case 9:08-cv-80736-KAM Document 307 Entered on FLSD Docket 02/04/2015 Page 4 of 4 CERTIFICATE OF SERVICE I certify that the foregoing document was served on February 4, 2015, on the following using the Court's CM/ECF system: Dexter Lee A. Marie Villafafia 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Fax: (561) 820-8777 E-mail: Dexter.Lee@usdoj.gov E-mail: ann.marie.c.villafanaeusdoj.gov Attorneys for the Government Thomas Scott thomas.scott@csklegal.com COLE, SCOTT & KISSANE, P.A. Dadeland Centre II 9150 South Dadeland Boulevard, Suite 1400 Miami, Florida 33156 Telephone: (305) 350-5300 Facsimile: (305) 373-2294 -and- Kendall Coffey kcoffey@coffeyburlington.com Gabriel Groisman ggroisman@coffeyburlington.com Benjamin H. Brodsky bbrodsky@coffeyburlington.com COFFEY BURLINGTON, P.L. 2601 South Bayshore Drive, PH 1 Miami, Florida 33133 Telephone: (305) 858-2900 Facsimile: (305) 858-5261 Attorneys for Alan Dershowitz /s/ Bradley J. Edwards 4 EFTA00618008