Epstein Secrets

: 1 of 25 No. 13-12923 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT JANE DOE NO. 1 AND JANE DOES NO. 2, Plaintiffs-Appellees I. UNITED STATES OF AMERICA, Defendant-Appellee ROY BLACK ET AL., Intervenor/Appellants INTERVENORS' RESPONSE TO MOTION TO DISMISS NON-PARTY INTERLOCUTORY APPEAL Roy Black

to Mr. Epstein's attorneys was produced to plaintiffs, not correspondence authored by Mr. Epstein's counsel during the course of the negotiations. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100) at 2 ("To the knowledge of the government, the Jane Does have only r

rk Racing Ass 'n, Inc., 399 F.3d 391, 398 (1st Cir. 2005) 13, 15, 19 Gotham Holdings, LPG. Health Grades, Inc., 580 F.3d 664 (7th Cir. 2009) 15 Holt-Orsted. City of Dickson, 641 F.3d 230 (6th Cir. 2011) 10, 11, 15 In re Grand Jury, 705 F.3d 133 (3d Cir. 2012) 9 In re Grand Jury Proceedings, 43 F.3d

: 1 of 25 No. 13-12923 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT JANE DOE NO. 1 AND JANE DOES NO. 2, Plaintiffs-Appellees I. UNITED STATES OF AMERICA, Defendant-Appellee ROY BLACK ET AL., Intervenor/Appellants INTERVENORS' RESPONSE TO MOTION TO DISMISS NON-PARTY INTERLOCUTORY APPEAL Roy Black

to Mr. Epstein's attorneys was produced to plaintiffs, not correspondence authored by Mr. Epstein's counsel during the course of the negotiations. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100) at 2 ("To the knowledge of the government, the Jane Does have only r

rk Racing Ass 'n, Inc., 399 F.3d 391, 398 (1st Cir. 2005) 13, 15, 19 Gotham Holdings, LPG. Health Grades, Inc., 580 F.3d 664 (7th Cir. 2009) 15 Holt-Orsted. City of Dickson, 641 F.3d 230 (6th Cir. 2011) 10, 11, 15 In re Grand Jury, 705 F.3d 133 (3d Cir. 2012) 9 In re Grand Jury Proceedings, 43 F.3d

unications from disclosure to third parties outside the negotiation process. 3. Whether this Court has jurisdiction of this appeal under Perlman v. United States, 247 U.S. 7 (1918). EFTA00209671 Case: 13-12923 Date Filed: 08/05/2013 Page: 16 of 75 STATEMENT OF THE CASE AND STATEMENT OF FACTS In Septembe

tomary practices of the defense and prosecution function, entitled to assume would remain confidential and would not be disclosed to third parties. See United States v. Deloitte UP, 610 F.3d 129, 141 (D.C.Cir. 2010)(court "examine[s] whether the disclosing party had a reasonable basis for believing that the reci

re & Rubber Co. v. Chiles Power Supply, Inc., 332 F.3d 976, 980 (6th Cir. 2003) 32,33, 38,40 Hickman v. Taylor, 329 U.S. 495 (1947) 14, 20, 21 Holt-Orsted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011) 51, 52, 55 In re Air Crash Near Cali, Colombia, 959 F.Supp. 1529 (S.D.F1a. 1997) 38, 40 In

v. Morgan State University, 495 Fed. Appx. 286, 289 (4th Cir. 2012); the Ninth Circuit has applied Perlman in a case arising under 28 U.S.C. §2255, United States v. Gonzalez, 669 F.3d 974, 977 n.2 (9th Cir. 2012), and in a civil case, S.E.C. v. CMKM Diamonds, Inc., 656 F.3d 829, 830-31 (9th Cir. 2011); the Si

d by the work product privilege, it stopped short of advocating the recognition of a settlement/plea negotiation privilege under Rules 410 and 501. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100). The government's institutional interests differ significantly from t

at 606-07. That, however, is not the case here. Since the attorney intervenors are not "litigants" or parties in this action, under both Wilson and Holt-Orsted, they would retain the right to appeal under Perlman. Plaintiffs seek to cast Mr. Epstein as a "litigant" in this action, but his limited interventi

v. Morgan State University, 495 Fed. Appx. 286, 289 (4th Cir. 2012); the Ninth Circuit has applied Perlman in a case arising under 28 U.S.C. §2255, United States v. Gonzalez, 669 F.3d 974, 977 n.2 (9th Cir. 2012), and in a civil case, S.E.C. v. CMKM Diamonds, Inc., 656 F.3d 829, 830-31 (9th Cir. 2011); the Si

rcuit has indicated in a civil case that Perlman jurisdiction is still viable after Mohawk where the privilege holder is not a party to the action, Holt-Orsted, 641 F.3d at 239; and the Seventh Circuit has indicated in a civil case that Perlman jurisdiction still attaches where the person asserting the priv

ies, Inc. I. Carpenter, 130 S. Ct. 599 (2009) passim Nat'l Super Spuds, Inc.' N.Y. Mercantile Exch., 591 F.2d 174, 178 (2d Cir.1979) 13 Perlman I United States, 247 U.S. 7 (1918) passim United States'. Copar Pumice Co., Inc., 714 F.3d 1197, 1207 (10th Cir. 2013). 17, 19 Wilson'. O'Brien, 621 F.3d 641, 64

y, an appeal from the final decision will allow review of the district court's ruling." Wilson'. O'Brien, 621 F.3d 641, 643 (7th Cir. 2010); accord Holt-Orsted I City of Dickson, 641 F.3d 230, 236-40 (6th Cir. 2011) ("[T]he Mohawk decision has altered the legal landscape related to collateral appeals of di

plea from state court in federal proceeding). The victims intend to admit the correspondence to prove violations of the Act allegedly committed by the United States, not "against" Epstein. And even if rescission of the non-prosecution agreement abuts Epstein's interests, the purpose of the admission does not cha

7th Cir. 2010); see also In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the grand jury context"); Holt-Orsted v. City of Dickson, 641 F.3d 230, 239 (6th Cir. 2011) (recognizing that Perlman jurisdiction remains when a nonparty asserts a privilege); Krane, 6

to Mr. Epstein's attorneys was produced to plaintiffs, not correspondence authored by Mr. Epstein's counsel during the course of the negotiations. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100) at 2 ("To the knowledge of the government, the Jane Does have only r

t 606-07. That, however, is not the case here. Since the attorney intervenors are not "litigants" or parties in this action, under both Wilson and Holt-Orsted, they would retain the right to appeal under Perlman. Plaintiffs seek to cast Mr. Epstein as a "litigant" in this action, but his limited intervent

to Mr. Epstein's attorneys was produced to plaintiffs, not correspondence authored by Mr. Epstein's counsel during the course of the negotiations. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100) at 2 ("To the knowledge of the government, the Jane Does have only r

t 606-07. That, however, is not the case here. Since the attorney intervenors are not "litigants" or parties in this action, under both Wilson and Holt-Orsted, they would retain the right to appeal under EFTA00584613 Perlman. Plaintiffs seek to cast Mr. Epstein as a "litigant" in this action, but his li