Epstein Secrets

Suite 900 West Palm Beach, FL 33401 561-832-7732 561-832-7137 F [email protected] Counsel for Plaintiff in Related Case No. 08- 80469 Robert C. Josefsberg, Esq. Katherine W. Ezell, Esq. Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, FL 33130 305 358-2800 Fax: 305 358-2382 rjosefsb

for their contention that "[a]dditional in camera submissions should not be allowed on appeal." See Response (DE #525) at 2. Instead, they cite the Ninth Circuit Howell case, which held that a Court has discretion to reject newly offered evidence in an appeal of a magistrate judge's decision. Plaintiffs advan

@podhurst.com Michael James Pike [email protected] Paul G. Cassell [email protected] Richard Horace Willits [email protected] Robert C. Josefsberg [email protected] Case 9:08-cv-80119-KAM Document 485 Entered on FLSD Docket 03/10/2010 Page 26 of 27 CASE NO:

ment clearly has prior knowledge of documents that it gave to Epstein. Here, then – as the magistrate judge properly held relying on an instructive Ninth Circuit opinion (not discussed by Epstein) -- the “existence and location of the documents . . . are a ‘foregone conclusion’ and [Epstein] . . . adds littl

lings was served by [specify method of service] on [date] on all counsel or parties of record on the service list. Robert D. Critton SERVICE LIST Robert C. Josefsberg, Esq. Katherine W. Ezell, Esq. Podhurst Orseck Josefsberg et al. City National Bank Building 25 W Flagler Street, Suite 800 Miami, FL 3 Telepho

ia, and is admitted to practice before the United States Supreme Court, the United States Courts of Appeals for the Second Circuit, Seventh Circuit, Ninth Circuit, District of Columbia Circuit, and Federal Circuit, and the United States District Court for the District of Columbia. EFTA00728148 2. Movant, R