Epstein Secrets

w.com Paul G. Cassell [email protected] Richard Horace Willits [email protected] Robert C. Josefsberg [email protected] Adam D. Horowitz [email protected] Stuart S. Mermelstein [email protected] William J. Berger [email protected] Case 9:08-cv-80119-

Do Not Require Independent Evidence Before An Adverse Inference Can Be Drawn Rather than analyze whether the inference satisfies the two-prong Custer Battles test, Epstein pulls another sentence out of context from the opinion, which he claims forms yet a third prong of what Custer Battles itself

propriate. Plaintiff further requests such other relief as this Court deems just and proper. Dated: March 2, 2009 Respectfully submitted, By: s/ Adam D. Horowitz Stuart S. Mermelstein (FL Bar No. 947245) Adam D. Horowitz (It Bar No. 376980) MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plaintiff 18205 Biscay

ether the Fifth Amendment privilege is validly asserted in response to particular questions. This issue is typically resolved on a motion to compel. Custer Battles 415 F. Supp. 2d at 633. If it is determined that the privilege is properly asserted, then adverse inferences are admissible consistent with

propriate. Plaintiff further requests such other relief as this Court deems just and proper. Dated: March 2, 2009 Respectfully submitted, By: s/ Adam D. Horowitz Stuart S. Mermelstein (FL Bar No. 947245) [email protected] Adam D. Horowitz (FL Bar No. 376980) [email protected] MERMELSTE

ether the Fifth Amendment privilege is validly asserted in response to particular questions. This issue is typically resolved on a motion to compel. Custer Battles 415 F. Supp. 2d at 633. If it is determined that the privilege is properly asserted, then adverse inferences are admissible consistent with