Epstein Secrets

e Doe. 'In this regard, The Defendant's silence by invoking the Fifth Amendment does not prohibit adverse inferences against him in the civil case. Shell Oil. 866 F.Supp. at 40. - 3 - EFTA00201248 Case 9:08-cv-80811-KAM Document 64-3 Entered on FLSD Docket 04/24/2009 Page 4 of 13 Case 9:08-cv-80381

is warranted only when the defendant demonstrates that " `special circumstances' so require in the 'interests of justice.' "United States v. Lot 5, Fox Grove, 23 F.3d 359, 365 (11th Cir. 1994). In the Eleventh Circuit, the "special circumstances" which may support a stay are limited. The fact that the De

lent for fear of self incrimination in a parallel criminal proceeding does not rise to the level of an unconstitutional infringement.' Id. (quoting Shell Oil Co.l Altina Assocs., Inc., 866 F. Supp. 536, 540 (M.D. Fl. 1994)). As this Court has previously explained: The law regardini stays of civil action

As this Court has previously explained: The law regardini stays of civil actions is well-settled in the Eleventh Circuit. In United States Lot 5, Fox Grove, Alachua County, Fla, 23 F.3d 359, 363- 65 (11th Cir. 1994) ("Lot 5"), the Court articulated the following principles of law with respect to a stay

e Doe. 'In this regard, The Defendant's silence by invoking the Fifth Amendment does not prohibit adverse inferences against him in the civil case. Shell Oil, 866 F.Supp. at 40. - 3 - EFTA00222588 Case 9:08-cv-80119-KAM Document 82 Entered on FLSD Docket 04/23/2009 Page 4 of 9 defendant's right aga

is warranted only when the defendant demonstrates that " `special circumstances' so require in the `interests of justice.' " United States'. Lot 5. Fox Grove, 23 F.3d 359, 365 (11th Cir. 1994). In the Eleventh Circuit, the "special circumstances" which may support a stay are limited. The fact that the De

lent for fear of self incrimination in a parallel criminal proceeding does not rise to the level of an unconstitutional infringement.' Id. (quoting Shell Oil Co.l Altina Assocs., Inc., 866 F. Supp. 536, 540 (M.D. Fl. 1994)). As this Court has previously explained: The law regardini stays of civil action

As this Court has previously explained: The law regardini stays of civil actions is well-settled in the Eleventh Circuit. In United States Lot 5, Fox Grove, Alachua County, Fla, 23 F.3d 359, 363- 65 (11th Cir. 1994) ("Lot 5"), the Court articulated the following principles of law with respect to a stay