EFTA01159218.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 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 overlength 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 EFTA01159218 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)( I). 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. EFTA01159219 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. 425 North Andrews Avenue, Suite 2 Fort Lauderdale. Florida 33301 Florida Bar No • 542075 E-mail: and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah 332 S. 14430 E. Salt Lake Cit , UT 84112 E-Mail: Attorneys for Jane Doe #1 and Jane Doe #2 EFTA01159220 Case 9:08-cv-80736-KAM Document 46 Entered on FLSD Docket 0318/2011 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 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401 E-mail: AttorneyI PMR r v rm IP v IMIM Joseph L. Ackerman, Jr. Joseph Ackerman, Jr. Fowler White Burnett PA 777 S. Flagler Drive, West Tower, Suite 901 West Palm Beach, FL 33401 Criminal Defense Counsel for Jeffrey Epstei (courtesy copy of pleading via U.S. mail) EFTA01159221