Epstein Secrets

08-80736-CIV-MARRA/JOHNSON JANE DOE 1 and JANE DOE 2, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. SUPPLEMENTAL BRIEFING OF INTERVENORS ROY BLACK, MARTIN WEINBERG, AND JAY LEFKOWITZ IN SUPPORT OF THEIR MOTION FOR A PROTECTIVE ORDER CONCERNING PRODUCTION, USE, AND DISCLOSURE OF PLEA NEGOTIATI

e Constitution. Even in the case of In re Dean, 527 F.3d 391 (5th Cir. 2008), upon which the plaintiffs rely, the district court, after remand from the Fifth Circuit, denied the motion of the victims to invalidate the defendant's plea agreement as a remedy for the claimed violation of the Crime Victims' Rights A

ystem. Respectfully submitted, BLACK, SREBNICIC, KORNSPAN & STUMPF, P.A. 201 South Biscayne Boulevard Suite 1300 Miami. Florida 33131 By /S/ ROY BLACK, ESQ. Florida Bar No. JACKIE PERCZEK, ESQ. Florida Bar No. On Behalf of Intervenors Roy Black and Jay Lefkowitz MARTIN G. WEINBERG, P.C. 20 Par

yer skips over what is arguably the most important part of the In re Dean litigation as it pertains to the relief sought here: Following remand from the Fifth Circuit, the district court denied the motion of the victims to invalidate the defendant's plea agreement as a 6 EFTA00205547 Case 9:08-cv-80736-KAM Doc

dwards, Fistos & Lehrman, P.L. Paul G. Cassell S.J. Quinney College of Law at the University of Utah Attorneys for Jane Doe # I and Jane Doe # 2 Roy Black Jackie Perczek Black, Srebnick, Komspan & Stumpf, P.A. Attorneys for Intervenors 25 Government Exhibit A Case No. 08-Ki736-CIV-MARRA EFTA00210

specific issue of adding a new party, and whether Rule 15 or Rule 21 applies to the addition of a party under the Federal Rules of Civil Procedure, the Fifth Circuit resolved this issue in McLellan,. Mississippi Power & Light Co., 526 F.2d 870 (56' Cir.), vacated in part on other grounds 545 F.2d 919 (5th Cir. 1

Edwards, Fistos & Lehrman, 4.74 Ninrih A tin* c AN / Paul G. Cassell Quinney College of Law at the Attorneys for Jane Doe # 1 and Jane Doe # 2 Roy Black Jackie Perczek Black, Srebnick, Komspan & Stumpf, P.A. Imo Attorneys for Intervenors 22 EFTA00210618

specific issue of adding a new party, and whether Rule 15 or Rule 21 applies to the addition of a party under the Federal Rules of Civil Procedure, the Fifth Circuit resolved this issue in McLellan I. Mississippi Power & Light Co., 526 F.2d 870 (5th Cir.), vacated in part on other grounds 545 F.2d 919 (5th Cir.

er, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. Paul G. Cassell 20 EFTA00210639 C! tin" 1- • Attorneys for Jane Doe # 1 and Jane Doe # 2 Roy Black Jackie Perczek E-mail: [email protected] [email protected] Attorneys for Intervenors 21 EFTA00210640

, which required leave of court. Since leave was not obtained by plaintiff, the district court dismissed the complaint as to the unions. On appeal, the Fifth Circuit posed the question: Which rule takes precedence if a party attempts to drop or add parties by an amended pleading filed before a responsive pleadin

red: 10/14/2011) 10/14/2011 110 MOTION for Extension of Time to File Response/Reply as to .11)¢ Response in Opposition to Motion, 24 Supplement by Roy Black. (Perczek, Jacqueline) (Entered: 10/14/2011) 10/16/2011 111 NOTICE by Roy Black re In MOTION for Extension of Time to File Response/Reply as to n

trial that has prevented him from turning to the pending motion until today. The other of the victims' counsel, Paul G. Cassell, has a brief due in the Fifth Circuit on November 23, 2011, and also long-scheduled vacation the week of Thanksgiving. Accordingly, victims' counsel seek a 10-day extension to Monday, De

NICK, KORNSPAN & STUMPF, P.A. 201 South Biscayne Boulevard Suite 1300 Miami, Florida 33131 Office: (305) 371-6421 Fax: (305) 358-2006 By /S/ ROY BLACK, ESQ. Florida Bar No. 126088 JACKIE PERCZEK, ESQ. Florida Bar No. 0042201 23 EFTA00177962 Page I of 55 Westlaw Page I 531 F.3d 197 (Cite a

e Constitution. Even in the case of In re Dean, 527 F.3d 391 (5th Cir. 2008), upon which the plaintiffs rely, the district court, after remand from the Fifth Circuit, denied the motion of the victims to invalidate the defendant's plea agreement as a remedy for the claimed violation of the Crime Victims' Rights A

ffrey H. Sloman Acting United States Attorney A. Marie Villafafia Assistant United States Attorney cc: Karen Atkinson, Chief, Northern Division Roy Black, Esq. EFTA00193944 EFTA00193945 07/29/2011 13:11 FAX ' . 4 a 001/004 KIRKLAND & ELLIS LLP Fax Transmittal 300 North LaSalle Street Chicag

New York District Attorney. Sincerely, P. Le owitz, P.C. Cc: Martin G. Weinberg JPL/slm I Decisions of the United States Court of Appeals for the Fifth Circuit handed down prior to September 30, 1981, are binding as precedent in the Eleventh Circuit, Sag Bonner v. City of Prichard, Ala., 661 F.2d 1206, 1207

ng. Mr. Epstein's defense team, including yourself, Professor Dershowitz, former United States Attorney Guy Lewis, Ms. Lilly Ann Sanchez and Messrs. Roy Black, Jack Goldberger, Gerry Lefcourt and Jay Lefkowitz had the opportunity to review and raise objections to the terms of the Agreement. Again, no one r

(5th Cir. 2010) (Fifth Amendment rights of organization were violated when its name was listed among 246 unindicted coconspirators 'This opinion of the Fifth Circuit was made binding precedent in the Eleventh Circuit pursuant to Bonner'. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en bane). 8 EFTA00

ed, they will be communicated to you in accordance with the terms of the Non- Prosecution Agreement. Sincerely, Acting United States Attorney cc: Roy Black, Esq. By: Assistant United States Attorney EFTA00230788 07/28/2011 13:11 FAX Idlootio04 KIRKLAND & ELLIS LLP Fax Transmittal 300 North LaSal

the New York District Attorney. Sincerely, P. Le owitz, P.C. Cc: Martin G. Weinberg JPL/slm Decisions of the United States Court of Appeals for the Fifth Circuit handed down prior to September 30, 1981, are binding as precedent in the Eleventh Circuit. Den Donner v. City of Prichard. Ala. 661 F.2d 1206, 1207