EFTA02729851.pdf

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 2006CF009454A30C, 2008CF009381AXX STATE, vs. [1 EPSTEIN, JEFFREY F, Defendant fl MOTION TO INTERVENE AND SUPPORTING MEMORANDUM OF LAW li COMES NOW, Applicant, B.B. and requests this Court, pursuant to Florida Rule of Civil I Procedure 1.230, for leave to intervene as a party in Mr. Epstein's criminal matter for the 1.1 following reasons: 11 I. Applicant's intervention is in subordination to, and in recognition oC the propriety of the main proceeding. 11 2. Applicant stands to either gain or lose by the court's direct legal operation and U effect ofjudgment in the pending matter. 3. Applicant is not injecting a new issue into the pending matter. U 4. Applicant's motion to intervene is timely. U U 09/12/2079 Agency to Agency Requet: 19417 CONFPT IDENTIAL SDNY_GM_00332141 EFTA 00204867 EFTA02729851  5. Defense counsel, Robert Craton, Jr. in the civil matter, does not object to Applicant's motion, but Plaintiff's counsel has not heard back from Defendant Epstein's criminal counsel, Jack Goldberger as to wheth er he opposes this motion. MEMORANDUM OF LAW I Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordere d by the court in its discretion. Fla.R.Civ.P. 1.230. "A person seeking leave to intervene must claim an interest of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment." Litvak v. Scylla Properties. LLC 946 So.2d 1165, 1172 (Fla. 5th DCA 2006). Additionally, "an intervenor my not inject a new issue into the case." F.nvironmental Confederation of Southwest Florida. Inc.. v. IMC Pbosnhates. Inc„ 857 So.2d 207, 211 (Fla.15t DCA 2003). "An intervention is thus only approp riate where the issue the intervenor raises are related to the case being litigated." Racing Properties. L.P.. v. Baldwin 885 So.2d 881, 883 (Fla. 3nd DCA 2004). Once the trial court determines that the intervenor's interest is sufficient, it exercises its discretion to determine whether to permit intervention. Utdort Cent. Life Ins. Co. v. Carlisle, 593 So.2d 505, 507 (Fla. 1992). "In deciding this question the court should consider a number of factors, including the derivation of the interest, any pertinent contra ctual language, the size of the interest, the potential for conflicts or new issues, and any other relevan t circumstance." ji Finally, an intervention is generally considered timely if it is made before a final decree has been entered. ee Technical Chemicals And Product& Inc.. v Porchester Holdin gs. Inc 748 Sold 1090, 1091 (Fla. el'h DCA 2000). . Page of 4 2 0911212019 Agency to Agency Requet: 19-411 1 CONFPa IDENTIAL SDNY_GM_00332142 EFTA_00204868 EFTA02729852  Applicant's proposed intervention is subordinate and in recognition of the propriety of the main proceeding. Additionally, Applicant will not inject any new issue into Mr. Epstein's criminal case. In fact, Applicant's intervention is for the limited purpose of joining already intervening parties "E.W." and "the Palm Beach Post" in their arguments regarding the sealed Federal non-prosecution agreement in Mr. Epstein's criminal file. Finally, Applicant's interest is of such a direct and immediate character that the Applic ant stands to either gain or lose by the court's judgment in the pending matter. The Applic ant currently has a civil complaint against Mr. Epstien regarding allegations similar to those in this pending criminal mater. The sealed document may contain discoverable information or may lead to the discovery of new relevant information. See Fla.R.Civ.P. 1.280(b)(1). Additionally , the document may contain valuable impeachment information that the Applicant would intend to use if the Applicant's civil case proceeded to trial. WHEREFORE, Applicant, B.B., respectfully requests the Court grant B.B.'s motion to intervene in the pending criminal matter. U U U Page of 4 3 U 09/12/2019 CONFIDENTIAL Agency to Agency Requet 19-411 SDNY_GM_00332143 EFTA 00200.869 EFTA02729853  CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing was finished by U. S. Mail, postage prepaid, this LI_ day odut inst to Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 515 North Flagler Drive, Suite 400, West Palm Beach, FL 33401. LEOPOLD—KUVIN, PA 2925 PGA Boulevard Suite 200 Palm B Gardens, FL 10 (561)5 (561)5 By: T. KUVIN, Esq. Florida ar No.: 089737 Rite of 4 4 09/12/2019 Page 4126 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00332144 EFTA_00204870 EFTA02729854 CONFIDENTIAL SDNY_GM_00332195 EFTA_00204871 EFTA02729855  IN THE CIRCUIT COURT OF THE FIFTE ENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A STATE OF FLORIDA DIVISION W vs. JEFFREY EPSTEIN, Defendant. MOTION TO MAKE COURT RECORDS CONFIDENTIAL Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorneys, pursuant to Florida Rule of Judicial Administratio n 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to beat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement filed under seal in the court file on July 2, 2008. B. A document referred to as 'The Addendum to the Non-P rosecution Agreement filed under seal In the court file on August 25, 2008. 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unsea l Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009. 4. This Court granted Non-Party E.W. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no Immediate action on E. W.'s Motion to Vacat e Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. 09/12/2019 4128 Agency to Agency Roque: 19-411 CONFIDENTIAL a SDNY_GM_00332146 EFTA_00204872 EFTA02729856  5.. The documents should remain confidential for the following reasons: a. To prevent a serious Imminent threat to the fair, administration of Justice. Impartial, and orderly b. To protect a compelling government interest c. To avoid substantial Injury to Innocent third partie s. d. To avoid substantial injury to a party by disclo sure of matters protected by a common law and privacy right, not generally Inhere specific type of proceedings, sought to be dosed. nt In these I WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maint aining them under seal. I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ. WITNESS my hand and seal in the County and State last afores aid this 11 day of June, 2009. L Notary Public State of F My Commission Expires U U U U 09112/2019 ge Agency to Agency Requet: 19-411 CONFronENTIAL SDNY_GM_00332147 EFTA 00204873 EFTA02729857  CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via a U.S. Mail; a Facsimile; a Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1850, Fort Lauderdale, FL 33394; Deanna K. Shullman, 400 North Ashley Drive, Suite 1100, P.O.Box 2802 (33601) Tampa, FL 33802, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, 515 N. Flagler Dr. Suite 400, West Palm Beach, Florida 33401. thls 11 day of June, 2009. .„ cors"-- BURMAN, CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & 515 N. Flagler Dr. Suite 400 WEISS, P.A. West Palm Beach, Florida 33401 250 Australian Avenue South 561.842-2820 Suite 1400 West Palm Beach, Florida 33401 I 561-859-8300 LI a,c ERT D. CRITTON, ESQ. b ride Bar No.224162 CK A GOLDBERGER, ESQ lorfda Bar No. 262013 Li 09112/2019 30 Agency to Agency Requet: 19-011 CONFPa IDEN H TIAL SDNY_GM_00332148 EFTA 00204874 EFTA02729858 !I 11 U U U CONFIDENTIAL SDNY_GM_00332149 EFTA_OD204875 EFTA02729859  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF00938 1 A DIVISION W STATE OF FLORIDA v. JEFFREY EPSTEIN, Defendant. EPSTEIN'S MOTION TO STAY DISCLOSURE OF THE NON- PROSECUTION AGREEMENT AND ADDENDUM PENDING REVI EW Defendant, JEFFREY EPSTEIN ("EPSTEIN"), by and through his undersigned counsel and pursuant to Rule 9.310, Florida Rules of Appel late Procedure, moves to stay disclosure of the Non-Prosecution Agreement and Addendum (collec tively, the "NPA") pending review, and states: 1. In the event the Court grants Nonparty E.W.'s Motion to Vacate Order Sealing Records and Unseal Records, grants Palm Beach Post's Motion to Intervene and Petition for Access and/or denies EPSTEIN's Motion to Make Court Records Confidential, EPSTEIN moves to stay the disclosure of the NPA pending review by the Fourth District Court of Appeals. 2. Rule 9.310(a), Florida Rules of Appellate Procedure, provides in pertinent part, "...a party seeking to stay a final or non-fin al order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion , to grant, modify or deny such relief." 09/1212019 Agency to Agency Requet: 19-411 CONFPa IDENTIAL SDNY_GM_00332150 EFTA 00204876 EFTA02729860  3. A stay pending review is warranted under the circumstances because of the irreparable harm that would be caused by disclosure of the NPA including, but not I limited to, substantial injury to a party by disclosing matters protected by common law and privacy rights, substantial injury to a compelling government interest, substantial injury to innocent third parties and a serious imminent threat to the fair, impartial and orderly administration of justice as set forth in the hearing record date June 25, 2009. 4. In Mariner Health Care of Nashville. Inc. v. Baker, 739 So. 2d 608, 609 (Fla. 1st DCA 1999), defendant Mariner filed a petition for writ of certiorari after the trial court compelled it to produce certain incident reports. Mariner also moved for a stay I pending review pursuant to Fla. R. App. Pro. 9310. The trial court advised the parties that Mariner would be required to submit the incident reports to the court under seal as a prerequisite to a stay. Marina refined to produce the documents under seal and the trial court denied the motion for stay and imposed daily fines until the documents were U produced. a The First District Court of Appeals affirmed the trial court's order and noted Mariner has failed to explain bow the production of the reports under seal would result in any prejudice. To the contrary, the records will be protected from disclosure during the entire course of the certiorari proceeding before this court. No bairn can be done if this court ultimately determines that the reports are protected by the work product privilege. a at 610. U 5. In the instant case the NPA is already filed under seal. Should the Court U grant Nonparty E.W.'s Motion to Vacate Order Sealing Records and Unseal Records, grant Palm Beach Post's Motion to Intervene and Petition for Access and/or U deny U 2 U 09/12/2019 CONFIDENTIAL Page 4133 Agency to Agency Reguet: 19-411 SDNY_GM_00332151 EFTA 00204877 EFTA02729861  EPSTEIN's Motion to Make Court Records Confidential, EPSTEIN requests the Court exercise its discretion under Fla. R. App. Pro. 9.310(a) and enter a stay pending review by the 4th DCA. 6. No harm will be done if the NPA remains under seal pending appell ate review. To the contrary, EPSTEIN will suffer irreparable harm if a stay is not entered I and the NPA is disclosed to the public. WHEREFORE, Defendant, JEFFREY EPSTEIN, respeettifily requests that if the Court grants Nonparty E.W.'s Motion to Vacate Order Sealin g Records and Unseal Records, grants Palm Beach Post's Motion to Intervene and Petition for Access and/or denies EPSTEIN's Motion to Make Court Records Confid ential, the Court enter a stay pending review and grant any additional relief the Court deems just and proper. Certificate of Service 1' 1, WE HEREBY CERTIFY that a true and correct copy of the foregoing has been I furnished by Hand Delivery to JEFFREY SLOMAN, ESQ., United States Attorney's Office — Southern District, 500 S. Australian Avenue, Suite 400, West Palm Beach, FL 33401, JUDITH STEVENSON AREO, ESQ., State Attorney's Office — West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, WILLIAM J. BERGER, ESQ., and BRADLEY J. EDWARDS, Rothstein Rosenfeldt Adler, 401 East Las Olas U Boulevard, Suite 1650, Fort Lauderdale, FL 33394, JACK Atterbury, Goldberger & Weiss, P.A., 250 Australian A. GOLDBERGER, ESQ., Avenue South, Suite 1400, West Palm Beach, FL 33401, SPENCER T. KUVIN, ESQ., Leopold-Kuvin, P.A., 2925 PGA U Blvd., Suite 200, Palm Beach Gardens, FL 33410, and DEANNA K. SHULLMAN, 3 09/1212019 Agency to Agency Requet: 19-411 U CONFPa IDEn NTIAL SDNY_GM_00332152 EFTA 00204878 EFTA02729862  400 North Ashley Drive, Suite 1100, P.O. Box 2602 (33601 ) Tampa, FL 33602, this 21Lli day of June. 2009. BURMAN, CRITTON, LUTHER & COLEMAN, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 401 (561) 842-2820 (561) 515-3148 F By: Robert D. Cn Jr. Florida Bar 24162 Michael J. Pike Florida Bar #617296 Counselfor Defendant Jeffrey Epstein) and Jack Alan Goldberger, Esq. Attesbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 Fax: 561-835-8691 Counselfor Defendant Jeffrey Epstein 4 09/12/2019 Agency to Agency Requet: 19-411 CONFPa IDEn NTIAL SDNY_GM_00332153 EFTA 00204879 EFTA02729863 0..2019 CONFIDENTIAL SIDW_GM_00332154 EFTA_00204880 EFTA02729864