EFTA00207792.pdf

Case 9:08-cv-80736-KAM Document 190 Entered on FLSD Docket 06/19/2013 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 and JANE DOE #2, petitioners, vs. UNITED STATES OF AMERICA, respondent. FILED by • D.C. JUN I 8 2013 STEVEN M. LARIMORE CLERK U S DIST. CT. S D of FLA -WPB OMNIBUS ORDER THIS CAUSE is before the court on various motions. Upon consideration, it is ORDERED AND ADJUDGED: 1. The petitioners' protective motion seeking recognition of the availability of various remedies attaching to the CVRA violations alleged in this proceeding [DE 128] is DENIED WITHOUT PREJUDICE to renew the request for any particular form of relief or remedy in connection with the court's final disposition of petitioners' CVRA petition on the merits. 2. The intervenors' motion to strike the petitioners' supplemental authority regarding privilege claims [DE 177] is DENIED AS MOOT. 3. The petitioners' sealed motion for the court to deny the government's motion to dismiss based on existing pleadings, or alternatively, for leave to file a sur-reply [DE 152] is DENIED AS MOOT. EFTA00207792 Case 9:08-cv-80736-KAM Document 190 Entered on FLSD Docket 06/19/2013 Page 2 of 3 3. The petitioners' motion to compel discovery from the government [DE 130) is GRANTED. Within THIRTY (30) DAYS from the date of entry of this order, the government shall: a. File answers to all outstanding requests for admissions in the open court file; b. Produce responsive documents in response to all outstanding requests for production of documents encompassing any documentary material exchanged by or between the federal government and persons or entities outside the federal government (including without limitation all correspondence generated by or between the federal government and Epstein's attorneys), and c. Produce all other responsive documents in response to all outstanding requests for production of documents. To the extent any claim of privilege is asserted in connection with the production of any documents falling within this broader category of materials only (i.e. materials other than communications generated between the federal government and outside persons or entities), the government shall further: (i) contemporaneously file and serve, in the public portion of the court file, a privilege log clearly identifying each documents by author(s), addressee(s), recipient (s), date, and general subject matter and such other identifying data as required under Fed. R. Civ. P. 26.1 (g), and (ii) contemporaneously submit all responsive documents withheld on claim of privilege to the court for in camera inspection by submitting the same for filing with the court under seal. As to any documents falling into this broader category of materials (identified in ¶3.c.), and as to which the government has asserted claim of privilege with accompanying privilege log, petitioners shall have THIRTY (30) DAYS after service of the privilege log within which to file motion to compel contesting any asserted privilege claim, limited to SEVEN (7) PAGES in length, 2 EFTA00207793 Case 9:08-cv-80736-KAM Document 190 Entered on FLSD Docket 06/19/2013 Page 3 of 3 and the government shall thereafter have FIFTEEN (15) DAYS after service of the petitioners's motion motion to file its response, if any, limited to SEVEN (7) PAGES in length. No further submissions on asserted privilege claims shall be entertained without the express invitation of the court. DONE AND ORDERED in Chambers at West Palm Beach, Florida this le day of June, 2013. Kenneth A. Marra United States District Judge cc. All counsel 3 _SEALED NOT SEALED EFTA00207794