EPSTEIN
page 2 / 3016 . OCR, unverified
CASES PENDING AGAINST HIM
THIS CAUSE is before the Court upon the motions filed in several cases by Defendant
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Case 9:08-cv-80119-KAM
Document 99
Entered on FLSD Docket 05:1412009
Page 4 of 4
Jeffrey Epstein to Stay and/or Continue the Action for Time Certain Based on Parallel Civil and
Criminal Proceedings. See, e.g., docket entry 51 in C.M.A. v. Epstein and
case no. 08-
80811 (attached). Epstein moves for a stay until the expiration of the Non-Prosecution
Agreement ("NPA") with the United States Attorney's Office (USAO) because, he claims, the
USAO has taken the position that he is violating the NPA by defending the civil actions filed
against him. Therefore, he argues that he cannot defend the civil actions without subjecting
himself to criminal prosecution.
While the Court recognizes that the United States is not a party to these actions and is not
obligated to comment on this matter, the position of the United States would greatly assist the
Court in resolving the merits of these motions to continue/stay the case. Accordingly, the Court
requests that the United States provide its position on the matter. The Court would appreciate the
governments position within 15 days if possible. If the United States is unwilling to state its
position, the Court would also appreciate being so advised.
DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County,
Florida, this 14ih day of May, 2009
KENNETH A. MARRA
United States District Judge
Copies furnished to:
all counsel of record
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From:
To:
Cc:
Subject: FW: Judge Marra Show Cause Order
Date: Thu, 14 May 2009 19:50:14 +0000
Importance: Normal
Attachments: DE97.pdf; DE65_-_1.pdf; DE65_-_Exhibit_A.pdf; DE65_-_Exhibit_B.pdf; DE65_-
Exhibit_C.pdf
Better too much than too little
From:
Sent: Thursday, May 14, 2009 3:40 PM
To:
Subject: RE: Judge Marra Show Cause Order
Hi
Here they are ...
It's not allowing me to email all at once, 08-80811 (DE51) will be emailed separately.
From:
Sent: Thursday, May 14, 2009 2:50 PM
To:
Subject: FW: Judge Marra Show Cause Order
From:
Sent: Thursda Ma 14, 2009 2:46 PM
To:
Cc:
Sub
. w: u
r
Hi all - Judge Marra's CRD just sent this to me re the Epstein civil cases. I will be back in the office on Monday.
-Can you download one of the motions to stay and responses and forward them to the group?
Thank you.
From:
To:
Sent: I hu May 14 11:38:15 2009
Subject: show_temp[3].pdf
EFTA00067381
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Judge Marra 's Chambers
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Case 9:08-cv-80119-KAM
Document 65
Entered on FLSD Docket 03/25/2009
Page 1 of 15
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-CV-80119-MARRA-JOHNSON
JANE DOE NO. 2,
Plaintiff,
v.
JEFFREY EPSTEIN,
Defendant.
Defendant, Jeffrey Epstein's Motion To Stay And Or Continue Action For Time Certain Based On
Parallel Civil And Criminal Proceedings With Incorporated Memorandum Of Law
Defendant, JEFFREY EPSTEIN, (hereinafter "EPSTEIN") by and through his
undersigned attorneys, hereby moves this Court for the entry of an order staying or continuing
this action for a time certain (i.e., until late 2010 when the NPA expires), pursuant to the
application of the Fifth Amendment of the U.S. Constitution and the fact that a parallel
proceeding is ongoing and being investigated. In support of his motion, EPSTEIN states:
I.
Introduction
At the outset, EPSTEIN notes this Court's prior Order, (DE 33), in which this Court
denied a motion for stay brought by Defendant's prior counsel. In that instance, Defendant's
counsel requested a mandatory stay under 18 U.S.C.A. §3509(k) which the court denied. In
denying the request for the stay, this Court stated that a discretionary stay was not appropriate at
the time the order was entered but also stated, in part, that "Any such issues shall be resolved as
they arise in the course of litigation." As discussed herein, "special circumstances" now exist
which, in the "interests of justice," merit the entry of a stay of this civil action until the criminal
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Case 9:08-cv-80119-KAM
Document 65
Entered on FLSD Docket 03/25/2009
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Page 2
matter in the I5th Judicial Circuit is "closed" in accordance with the United States Attorney's
Office ("USAO") Non-Prosecution Agreement ("NPA") and until the NPA expires.
Moreover, EPSTEIN was indicted by a grand jury in or around July 2006. See Exhibit
"A". The Non-Prosecution Agreement is part of the record in connection with that indictment,
which is signed by the State Attorney of the 15°' Judicial Circuit in and for Palm Beach County,
Florida ("SAO"). In fact, the NPA acknowledges the investigation performed by the SAO.