EFTA00304767.pdf

Case 9:08-cv-80736-KAM Document 128 Entered on FLSD Docket 12/05/2011 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Joluison JANE DOE #1 and JANE DOE #2 v. UNITED STATES JANE DOE #1 AND JANE DOE #2'S PROTECTIVE MOTION FOR REMEDIES COME NOW Jane Doe #1 and Jane Doe #2 (also referred to as "the victims"), by and through undersigned counsel, to file this protective motion for remedies for violations of their rights under the Crime Victims' Rights Act. In their concurrently-filed response to the Government's motion to dismiss and sealed response to the Government's motion to dismiss, the victims' outline numerous remedies that would be proper once they prove the Government violated the CVRA. At various points in its earlier pleadings, however, the Government seems to contend that the fact that the victims have not formally filed a motion asserting each and every one of these specific remedies may have some significance in this case. The Government also inaccurately describes the remedies the victims are seeking. As the Court is aware, this case presents various issues of first impression and the procedures that the crime victims should follow to protect their CVRA rights are not clearly established. Accordingly, to protect their right to seek all of the remedies they are seeking, the victims protectively file this motion asking the Court to award all these remedies that they I EFTA00304767 Case 9:08-cv-80736-KAM Document 128 Entered on FLSD Docket 12/05/2011 Page 2 of 3 outline in their responses to the motion to dismiss. The Court should award all of these remedies to the victims for the reasons explained in their pleadings and because these remedies address the Government's violations of their rights. DATED: December 5. 2011 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 Florida Bar No.: 542075 E-mail: brad@pathtojustice.com and 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: cassellyelaw.utah.edu Attorneys for Jane Doe #1 and Jane Doe #2 2 EFTA00304768 Case 9:08-cv-80736-KAM Document 128 Entered on FLSD Docket 12/05/2011 Page 3 of 3 CERTIFICATE OF SERVICE The foregoing document was served on December 5, 2011, on the following using the Court's CM/ECF system: Dexter Lee A. Marie Villafarla Assistant U.S. Attorneys 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 Roy Black, Esq. Jackie Perczek, Esq. Black, Srebnick, Kornspan & Stumpf, P.A. 201 South Biscayne Boulevard Suite 1300 Miami, FL 33131 (305) 37106421 (305) 358-2006 Martin G. Weinberg, P.C. 20 Park Plaza Suite 1000 Boston, MA 02116 (617) 227-3700 (617) 338-9538 3 EFTA00304769