EFTA02729407.pdf

07r20-'09 14:38 FROM-THOMAS & LOCICERO 8139843270 1-129 P001/027 F-937 THOMAS LOCICERO \ -1 BRALOW 400 N. Ashley DriveeSulte 1100•Tamps, FL 33602 813-984-3060 (Phone)•813-984-3070 (Fax) Toll Free: 866-395.7100 facsimile transmittal To: Marilyn, Judith, Amblent to Judge PAX 561.355-1616 Cobalt Ri jisiestin wanoilE, Itscrrli 0 (561) 820-8777 Esq., ASAO (561)355-7351 Jatk Alan Goldberger, Esq. (561)835-8691 Bradley J. Edwards, Esq. (954) 527-8663 William J. Berger, Esq. Robert D. Calton, Esq. 561-844-6929 Spencer T. Kuvin, Esq. 561-515-1401 Jane Kneader-Walsh, Esq. 561-820-8762 From: Deanna K. Shallows, Esq. Date: 07/20/09 Re: Stale v. J. Epstein Pages. 7 Muse see attached . CONFIDENTIALITY STATEMENT This electrook Mange traratedem coats:as lettesnatien from the law fine of Thomas, Loafed* finkrw Pt and Is eonfkkittth or privileged The mfocustion Is landed lo be for the use of the individual or entity named above, If you am nor the intended temples. be aware that sty disclosure, copying. di/whiten or use of the contents of this itemisation is prohibited. If you have received this etataniC traterithsion In mar, plasm Notify in by lekpbone (813)984-3060 ImmedIstely. Thank you for yall Coaciallort IRS Circalar 230 Diselosse. To themesa this 0Onta0110Cla Oran; *Oral tae Watt. stall advice was not Intended to De used. and Cataw be used by any tathryeg for the purpose of(i) avoiding penalties "Ma the Internal Revenue Code or (i) promoting, matting, a teatartiatattalo mod= party any unction or Matta *Mussed herein If you would like as to Mate written to sage denguel to provide brushy sorectrak please contra us rad vs will be happy to dismiss the nutter with you it more Octal confidential 09112/2019 Page 33 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331696 EFTA_00204422 EFTA02729407 • 07.20-'09 14:38 FROM-THOMAS & LOCICERO 8139843070 T-120 P002/007 F-937 IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA CASE NO. 4D09-2554 JEFFREY EPSTEIN, Petitioner, vs. STATE OF FLORIDA, PALM BEACH NEWSPAPERS, INC., E.W., and B.B., Respondents. Pending in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case Nos. 2006 CF 9454AMB, 2008 CF 9381AMB PALM BEACH NEWSPAPERS, INC. d/b/a THE PALM BEACH POSTS MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 09/12/2019 Page 3030 Agency to Agency Reguet: 19-011 CONFIDENTIAL SDNY_GM_00331697 EFTA_00204423 EFTA02729408 • 07.20-'09 14:38 FROM-THOMAS & L0CIChMJ 8139842070 T-120 0003/007 F-937 RESPONDENT PALM BEACH POST'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS Pursuant to Florida Rules of Appellate Procedure 9.400 and 9.410 and Administrative Order Number 2.303 of the Fifteenth Judicial Circuit of Florida, Respondent Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post (the "Post") moves this Court for an award of attorneys' fees and costs in connection with this review proceeding. In support thereof, the Post states: 1. The Post is a daily newspaper that has covered this matter and related proceedings. In an effort to inform its readers concerning these matters, the Post relies upon (among other things) law enforcement records and judicial records. 2. On June 10, 2009, the trial court granted the Post's Motion to Intervene in this action for the purpose of seeking access to court records. Specifically, the Post sought access to a non-prosecution agreement that was docketed on July 2, 2008, and an addendum docketed on August 25, 2008. 3. On June 25, 2009, the trial court heard oral argument on the Post's (and other non-parties') motions. The Court found that the documents had not properly been sealed in the first instance and further denied Petitioner Jeffrey Epstein's Motion to Make Court Records Confidential dated June 11, 2009. 2 09112/2019 Page Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331698 EFTA 0020=424 EFTA02729409 • 07-20-'09 14:39 FROM-TR0MAS & L0CICER0 8139843070 T-120 P004/007 F-937 4. The Post is entitled to its fees and costs in this matter pursuant to Administrative Order Number 2.303 of the Fifteenth Judicial Circuit of Florida.' Specifically, that order allows sanctions to be imposed against the moving party "if a motion to seal is not made in good faith and is not supported by a sound legal and factual basis." Admin. Or. 151° Jud. Cir. Fla. 2.303. 5. The Post also is entitled to fees and costs in this matter pursuant to Florida Rule of Judicial Administration 9.410, which gives appellate courts discretion to impose sanctions if an appeal "presents no justiciable question and is so devoid of merit on the face of the record that there is little prospect it will ever succeed." Visoly v. Sec. Pac. Cred. Corn., 768 So. 2d 482, 490-91 (Fla. 3d DCA 2000) (citing Fla. R. App. P. 9.410). Frivolous appeals include those in which a case is found: a. to be completely without merit in law and not supported by a reasonable argument for an extension, modification or reversal of existing law; b. to be contradicted by overwhelming evidence; c. as having been undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or d. as asserting material factual statements that are false. Id. at 491. A copy of Administrative Order 2.303 is attached at Tab 2 to the Post's Supplemental Appendix, which was filed with its response brief, 3 09/12/2019 age3436 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331699 EFTA 00204425 EFTA02729410 07.'20-'09 14:39 FROM-THOMAS & LOCICERO 8139843070 T-120 P005/007 F-937 6. In this case, Mr. Epstein's certiorari petition — like his initial filing of these documents under seal and his June 11, 2009 Motion to Make Court Records Confidential —was neither made in good faith nor supported by a sound legal and factual basis. The certiorari petition asserted three interests that ostensibly would be protected by closure but cited no record evidence in support of that assertion. Indeed, both in his motion below and at the hearing on the motion, Epstein made no genuine effort to demonstrate by evidence how and why any material interests would be served by closure. Instead, Epstein's arguments addressed extraneous, inapplicable issues that did not support closure and demonstrated his lack of good faith in bringing his motion. Moreover, Epstein's assertion that the trial court's orders contradicted and were preempted by federal court rulings was simply false. Epstein likewise failed to substantiate his arguments in this proceeding, instead again relying on red herrings and unsubstantiated blanket assertions to support his baseless claim that closure is or was proper in this case. 7. Rather, it appears Epstein opposed unsealing of these records simply for the purpose of shielding from public view documents material to the resolution of criminal charges against him for soliciting children for prostitution. In other words, the petition to this Court was merely a ploy intended to delay the public access to judicial records that that the Florida Constitution and common law guarantee. 4 09/1212019 Agency to Agency Requet: 19-411 CONFIDENTIAL PT 34 SDNY_GM_00331700 EFTA_00204426 EFTA02729411 07.20-'09 14:39 FROM-THOMAS & L0CICER0 8139843070 T-120 P006/007 F-937 8. In sum, Epstein's arguments for restricting access to his non- prosecution agreement and its addendum are without merit, Epstein's petition to this Court was likewise without support in fact or law, and the Post is entitled to an award of its fees and costs in defending its rights of access. WHEREFORE, the Post respectfully requests that this Court award to it its fees and costs and grant such other relief as the Court deems proper. Respectfully submitted, THOMAS, LOCICERO & BRALOW PL K. Shullman F rids Bar No.: 0514462 James B. Lake Florida Bar No.: 0023477 101 N.E. Third Avenue, Suite 1500 Fort Lauderdale, FL 33301 Attorneys for The Palm Beach Post 5 09/12/2019 3438 Agency to Agency Requet: 19-411 CONFIDENTIAL Pa SDNY_GM_00331701 EFTA 00204427 EFTA02729412 • 07-20-'09 14:39 FROM-THOMAS & LOCICERO 8139843078 T-120 P007/007 F-937 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished U.S. Mail to: Hon. Jeffrey Colbath, Palm Beach County Courthouse, 205 N. Dixie Highway, Room 11F, West Palm Beach, FL 33401; and via facsimile and U.S. Mail to: R. Alexander Acosta, United States Attorney's Office - Southern District, 500 S. Australian Ave., Ste. 400, West Palm Beach, FL 33401; Barbara Burns, Esq., State Attorney's Office - West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401; Jack Alan Goldberger, Esq., Atterbury Goldberger, et al., 250 S. Australian Ave., Ste. 1400, West Palm Beach, FL 33401; Robert D. Critton, Esq., Burman, Critton, Luttier & Coleman, 515 N. Flagler Drive, Suite 400, West Palm Beach, FL 33401; Jane Kreusler-Walsh, Esq., 501 S. Flagler Drive, Suite 503, West Palm Beach, FL 33401-5913; Spencer T. Kuvin, Esq., Leopold-Kuvin, P.A., 2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410; and Bradley J. Edwards, Esq. and William J. Berger, Esq., Rothstein Roscnfeldt Adler, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394 on this 20th day of July, 2009. /4 -- e a Att ey 6 OW1V2019 Page Agency to Agency Requet: 19-411 CONFIDENTIAL 34 SDNY_GM_00331702 EFTA 00204428 EFTA02729413  IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT CASE NO: 4D09-2554 L.T. No. 2008 CF 9381 JEFFREY EPSTEIN, Petitioner, STATE OF FLORIDA, et. al, Respondents. APPENDIX TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI ROBERT D. CRITTON BURMAN, CRITTON, LUTHER & COLEMAN 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 and JACK A. GOLDBERGER ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach. FL 33401 and JANE KREUSLER-WALSH and BARBARA J. COMPIANI of KREUSLER-WALSH, COMPIANI & VARGAS, P.A. 501 South Flagler Drive, Suite 503 Weet Palm Raar6 Fr. 913 Counsel for Petitioner 09112/2019 Agency to Agency Requet: 19-411 CONFial5ENTIAL SDNY_GM_00331703 EFTA_00204429 EFTA02729414  Document Tab Proceedings in Southern District Court Transcript of Epstein's Motion to Stay Civil Proceedings (6/12/09) E.W.-1 09/12/2019 Agency to Agency Requet: 19-011 CONFIDENTIAL P SDNY_GM_00331704 EFTA_00204430 EFTA02729415  CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Appendix has been served by mail on the parties listed below this f 'day of July, 2009. ROTHSTEIN ROSENFELDT ADLER Attorneys for E.W. 401 East Las Olas Blvd., Suite 1650 Fort Lauderdale Florida 33301 By: J. Berger Florida Bar No. 197701 SERVICE LIST Jane Kreusler-Walsh and Barbara J. Compiani or Kreusler-Walsh, Compiani & Vargas, P.A. 501 South Flagler Drive, Suite 503 West Palm Beach, Fl 33401-5913 Deanna K. Shullman 400 North Ashley Drive, Suite 1100 P.O. Box 2602 (33601) Tampa, Fl 33602 Spencer T. Kuvin Leopold- Kuvin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Robert D. Critton of Burman, Critton, Luttier & Coleman 515 North Flagler Drive, Suite 400 West Palm Beach, Fl 33401 09112/2019 Agency to Agency Requet: 19-411 CONFIDENTIAL Pa 34 SDNY_GM_00331705 EFTA 0020443I EFTA02729416  Jack A. Goldberger of Anerbury, Goldberger, & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Fl 33401 Jeffrey H. Sloman U.S. Attorney's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, Fl 33401 Judith Stevenson Arco State Attorney's Office- West Palm Beach 401 North Dixie Highway West Palm Beach, Fl 33401 Honorable Jeffrey Colbath Palm Beach County Courthouse 205 North Dixie Highway Room 11F West Palm Beach. Fl 33401 09112/2019 Agency to Agency Requet: 19411 CONFIalig5ENTIAL SDNY_GM_00331706 EFTA 00204432 EFTA02729417