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Case 9:08-cv-80736-KAM Document 306 Entered on FLSD Docket 02/02/2015 Page 17 of 19
where inference is “trustworthy under all of the circumstances” including relationship, shared
interest and control); Kontos v. Kontos, 968 F.Supp. 400, 407-408 (1997) (no adverse inference
allowed from invocation of Fifth Amendment by sister of civil defendant in absence of “identity
of interests”); Sebastian v. City of Chicago, 2008 WL 2875255 *33-34 (N.D. Ill. 2008)(no
adverse inference from invocation of Fifth Amendment in absence of close family or business
relationship). Similarly, any other witnesses taking the Fifth Amendment and remaining silent to
protect themselves are obviously not creating any kind of evidence against Prof. Dershowitz.
See, Coquina Investments, 760 F.3d at 1310 (11th Cir. 2014).
Conclusion
In conclusion, Prof. Dershowitz has no interest in joining this case other than to strike the
scurrilous and irrelevant allegations against him. If the Court grants Jane Does #3 and #4 motion
for joinder (DE 279), then Prof. Dershowitz’s motion for limited intervention should be granted
for such purposes as may be appropriate including submitting a motion to strike or other relief,
so as to give him an opportunity to defend himself against harmful, defamatory and false
allegations of the worse kind. If the Court rejects the pending motion for joinder, then the Court
should strike the scurrilous allegations against Dershowitz, or, alternatively, determine the
possible mootness of his Motion for Limited Intervention. Of course, if the Court strikes the
allegations against him sua sponte, Prof. Dershowitz will withdraw his motion for limited
intervention.
Respectfully submitted,
/s/ Kendall Coffey
Kendall Coffey, Fla. Bar No. 259681
kcoffey@coffeyburlington.com
Gabriel Groisman, Fla. Bar No. 25644
ggroisman@coffeyburlington.com
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| Filename | HOUSE_OVERSIGHT_010751.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 1,888 characters |
| Indexed | 2026-02-04T16:11:38.131893 |