Filing # 102171915 E-Filed01/24/2020 11:07:10 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA' CA FLORIDA HOLDINGS, LLC, Publisher of THE PALM BEACH POST, Plaintiff, v. CASE NO: 2019-CA-014681 DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, SHARON R. BOCK, as Clerk & Comptroller, Palm Beach County, Florida, Defendants._I . DEFENDANT, DAVE ARONBERG, AS STATE ATTORNEY OF PALM BEACH COUNTY, FLORIDA’S ANSWER TO FIRST AMENDED COMPLAINT AND MOTION TO DISMISS COUNT II Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, (“SAO”), by and through the. undersigned attorney, hereby answers Count I of the First Amended Complaint of Plaintiff, CA Florida Holdings, LLC, Publisher of The Palm Beach Post (“Post”), and files a Motion to Dismiss Count U, as follows: JURISDICTION 1. Admitted for jurisdictional purposes. PARTIES 2. Admitted. 3. Denied that Defendant Aronberg or the Office of the State Attorney for the Fifteenth Judicial Circuit is in possession and/or control of documents that are the subject of this action. Otherwise admitted. 4. Admitted. INTRODUCTION 5. Paragraph 5 contains the Post’s statement of the case and legal'arguments to which no Party JOINT ID#. J10 EV#TiO DATE ADMITTED: Case No. 2019-CA-014681 Joint Exhibit . J10 -J BEACH COUNTY, FL, CLERK. 3 27 2023 3:44:22 PM NOT A CERTIFIED COPY _·Filing# 102171915E-FiledQl/24/202011:07:10.AM IN THE CIRCUIT COURT OF THE FIFIEENTH JUDICIAL CIRCUIT • • IN~ FOR PALM BEACH COUNTY, FLORIDA:. • CA FLORIDA HOLDINGS, LLC, Publisher ·Of THE PALM BEACH POST, Plaintiff, \!. DA VE ARONBERG, as Stat~ Attom~y o.f Palm Beach County, Florida, SHARON R BOCK, as Clerk & Comptroller, Palm Beach County, Florida, Defendants. ______________ ____;/ CASE NO: 2019-CA~0l4681 DEFENDANT, DAVE ARONBERG, AS STATEAITORNEY OF PALM BEACH COUNTY, FLORIDA'S ANSWER TO FIRST AMENDED COMPLAINT AND MOTION TO DISMISS COUNT II Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, ("SAO"), by ru)d through the_ undersign~d attorney, hereby answers Count I cf the First Amended Complaint of Plainti_ff, CA Flo_rida Holcijn~s, LLC, Publish~r of Th~ Palrri Beath Post ("Post"), and files a Motion to Dismiss Count II, as follows: JURISDICTION 1. Admitted for jurisdictional purposes. PARTIES 2. Admitted. 3. Denied that Defendant Aronberg or the Office of the State Attorney for the Fifteenth Judicial Circuit is in possession and/or control of documents that are the subject of this action. Otherwise a,drpitted, 4, Adµutfed, INTRODUCTION 5. Paragraph 5 contains the Post's statementof the case and lega1:arguments to which no Party JOINT Case No. 2019-CA-014681 JQint!=}<hl~A : J10 CA/Arc:JiIDHID-PP~1\1r BEACH COUNTY, FL, ~t!i'R~".fflt\li~, CLERK. 3/27/2023 3:44:22 PM response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 5, and therefore denies the allegations arid demands strict proof thereof. 6. Paragraph 6 contains the Post’s staternent ofthe case and legal arguments to which no response is required. To the extent that a response is required, the SAO admits only that section 905.27(l)(c), Florida Statute authorizes the disclosure of grand jury proceedings under certain circumstances. 7. Paragraph 7 contains the Palm Beach Post’s' statement ofthe case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 7, and therefore denies the allegations and demands strict proof thereof. 8. Paragraph 8 sets forth the Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge dr information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 8, and therefore denies the allegations and demands strict proof thereof. 9. Paragraph 8 sets forth the Post’s statement of the case and legal arguments to which nd response is required. To the extent that a response is required, the SAO is without knowledge Of information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 9, and therefore denies the allegations and demands strict proof thereof. FACTUAL BACKGROUND 10. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 10, and therefore denies the allegations and demands strict proof thereof. A. First Epstein Sex Crimes Investigation, Indictment, and Plea Agreement: 2005-2008. 11. The SAO is without knowledge or information sufficient to form a belief as to the truth 2 CA/ArcrtWESfO002.1$ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY respons_e is required. To the e>..ient that ~ response i~ requ1red1 the SAO is: without knowledge or information sufficient to form a belief as to the truth of' any factual allegations :contained in paragraph 5, and therefore denies the allegations arid demands strict proof thereof. 6. Paragraph 6 contains the Post's statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO admits only that section 905.27(l)(c), Florida Statute authorizes the disclosure of grand jury proceedings under certain circumstances. 7. Paragraph 7 contains the Palni Beach Post's· statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without kpowledge or information sufficient to form a q~lief as to t_h~ t[l!th of any f~ctual allegation? contained in paragraph 7, and therefore denies the allegations and demands strict proof thereof. 8. Paragraph 8 sets forth the Post's statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without. knowledge or information sufficient fo form a belief a:s to the truth of any factual allegations contained _in paragraph 8, and therefore clenie$ the allegations and demands strict proof thereof. 9. Paragraph 8 sets forth the Post's statement of the ·case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 9, and therefpre denies the allegations and deman_ds strict proof thereof. FACTUAL BACKGROUND 10. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 10, and therefore den_ies the a_tlegations and demands striC! proof ther~f. A. First Epstein Sex Crimes Investigation, Indictment, and Plea Agreement: 2005-2008. 11. The SAO is without knowledge or information sufficient to form a belief as to the truth 2 CA/Arcf1tlfilID-PP~la BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM 1 of any factual allegations contained in paragraph 11, and therefore denies the allegations and demands strict proof thereof. 12. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 12, and therefore denies the allegations and demands strict proof thereof. 13. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 13,and therefore denies the allegations and demands strict proof thereof. 14. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 14, and therefore denies the allegations and demands strict proof thereof. 15. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 15, and therefore denies the allegations and demands strict proof thereof. (1) Police Chief Reiter’s Letter to the State Attorney 16. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 16, and therefore denies the allegations and demands strict proof thereof. 17: The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 17, and therefore denies the allegations and demands strict proof thereof. (2) The July 2006 State Grand Jury Presentation 18. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 18, and therefore denies the allegations and demands strict proof thereof. 3 CA/Aron^rgjOpQai^ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY I . of any f<1ctual allegations contained in pantgraph 11, and therefore denies the ajlegations and demands strict proof thereof. 12. The SAO is withoutknowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 12, and therefore denies the ailegations and demands strict proof thereof. 13. The SAO is without knowledge or information sufficient to form a belief as f9 the truth of any factual allegations contained in paragraph 13, and therefore denies the allegations and demands strict proof thereof. 14. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factuiµ allegations contain~d in paragraph 14, anci th_erefore 'denies th~ a)legations ap.d demands strict proof thereof 15. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragr_aph 15, and therefore denies the allegations and demands strict proof thereof. (l) Police Chief Reiter's Letter to the State Attorney 16. The SAO is without knowledge orinformation sufficient to form a belief as to the truth of any factual allegations contained in paragraph 16, and therefore denies the allegations a:nd demands strict proof thereof. 17, The SAO is without knowledge or information sufficient to form a bel~ef <lS to the truth of any factual allegations contained in paragraph 17, and therefore denies the allegations and demands strict proof thereof. (2) The July 2006 State Grand Jury Prese_ntatioi, 18. 1be SAO is without knowledge or inf9rmation SIJffi~ient to fotjn ~ beiief as to the truth of any factual allegaticms contained in p~ragraph 18, and therefore denies the allegation~ and demands strict proof thereof. 3 CA/ArOflruIEID-PP~N BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM 19, The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 19, and therefore denies the allegations and demands strict proof thereof. 20. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations containedin paragraph 20, and therefore denies the allegations and demands strict proofthereof. 21. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 21, and therefore denies the allegations and demands strict proof thereof. 22, The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 22, and therefore denies the allegations and demands strict proof thereof. (3) The FBI’s Investigation and Epstein’s Noh-Prosecution Agreement with Federal Authorities. 23, The SAO is without knowledge or information sufficient to form a belief as to the truth, of any factual allegations contained in paragraph 23, and therefore denies the allegations and demands strict proof thereof. 24. The SAO is Without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 24, and therefore denies the allegations and demands strict proof thereof. 25. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 25, and therefore denies the allegations and demands strict proof thereof. 26. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 26, and therefore denies the allegations and demands 4 CA/ArqnfcEgyOMlM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY 19. Th~ SAO is without knowledge or information sufficient to fotj:n a belief as to the truth of any factual allegations contained in paragraph 19,. and therefore denies the allegations and demands strict proofthereof. 20. The SAO is without knowledge or information sufficient to. fortn a belief as to the truth of any factual allegations contained in paragraph 20, and thenfo:re denies the allegations and c:lemands strict proof thereof 21. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations coritainedin paragraph 21, and therefore denies the allegations and demands strict proof thereof. 22,. Th~ SAO is without)wowledge qr inforp:1,!tion sufficient to forin a bel_ief ~ to the truth of any factual allegations contained in paragraph 22, and therefore denies the allegations and demands strict proof thereof. (3) The fBI's Investigation and ipstein's Non.:Prosecution Agreement with Federal Autho1ities. 23, The SAO is withot1tknowiedge or infonn1!tion sufficient to form a belief as to the truth. of any factual allegations contained in paragraph 23, and therefore denies the allegations and demands strict proof thereof. 24. The SAO is without knowled_ge or information sufficient to form a b_elief as to the truth of any f3:ctual allegat_ions contained in para~raph 24, an_d therefore denies the allegations and demand_s strict proof thereof. 25. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 25, and therefore denies the allegations and demands strict proof thereof. 26. The SAO is without knowledge or information .sufficient to forin a belief as .to the truth of any factual allegations contained in paragraph 26, and therefore denies the allegations and demands 4 CA/Arqnt[filll)-~~M: BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM strict proof thereof. 27. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 27, and therefore denies the allegations and demands strict proof thereof. 28. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 28, and therefore denies the allegations and demands strict proof thereof. 29. The SAO is without knowledge dr information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 29, and therefore denies the allegations and demands strict proof thereof. 30. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 30, and therefore denies the allegations and demands strict proof thereof. 31. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 31, and therefore denies the allegations and demands strict proof thereof. (4) The Crime Victims’ Rights Act Litigation. 32. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 32, and therefore denies the allegations and demands strict proof thereof. 33. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 33, and therefore denies the allegations and demands strict proof thereof. 34. The SAO is without knowledgepr information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 34, and therefore denies the:allegations and demands 5 CA/AronhMJOpOai^ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY strict proof thereof. 27. The SAO is without knowledge or information sufficient to forin a belief as to the truth of any factual allegations contained in paragraph 27, and therefore denies the allegations and demands strict proof thereof. 28. Th~ SAO is without knowledge or information Sllfficient to form _a belief as fo the t.ruth of any factual allegations contained in paragraph 28, and therefore denies the allegations and demands strict proof thereof. 29. The SAO is without knowledge or information sufficient to forin a belief as to the truth of any factual allegations contained in paragraph 29, and therefore denies the allegations and demands strict proof thereof. 30. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 30, and therefore denies the allegations and demands stric.t proof thereof. 31. The SAO is without knowledge or inforqiation sufficient to form a belief as to the truth of any factual allegations contained in paragraph 31, and therefore denies the allegati9ns and demands strict proof thereof. (4) The Crime Victims' Rights Act Litigation. 32. Th~ SAO is without knowledge or information.sufficient to fonn a bel_ief as fo the truth of any factual allegations contained in paragraph 32, and therefore denies the allegations ang demand~ strict proof thereof. 33. The SAO is without knowledge or information Sufficient to form a belief as to the truth of any factual allegations contained in paragraph 3J, and therefore d~nies the allegations and demands strict proof th~r~f. 34. The SAO is without knowledge.or information sufficienfto form a belief cl$ to the truth of any factual allegations contained in paragraph 34, and therefore denies the:allegations and demands 5 CA/Aroflt:lfilIDOP~ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM strict proof thereof. 35. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 35, and therefore denies the allegations and demands strict proof thereof. 36. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 3 6, and therefore denies the allegations and demands strict proof thereof. 37. The SAO is without knowledge dr information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 37, and therefore denies the allegations and demands strict proof thereof. B. Second Epstein Sex Crimes Investigation, Indictment, Suicide: 2019. 38. Admitted. 39. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 39, and therefore denies the allegations and demands strict proof thereof. 40. The SAO is without knowledge dr.information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 40, and therefore denies the allegations arid demands strict proof thereof, 41, The SAO is without knowledge or.information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 41, and therefore denies the allegations and demands strict proof thereof. 42. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 42, and therefore denies the allegations and demands strict proof thereof. 43. The SAO is without knowledge or information sufficient to form a belief as to the truth 6 CA/Arqnft®g>OMlW BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY strict proof thereof. 35. The SAO is without knowledge or information sufficient to fotjn a belief as to the truth of any factual allegations contained inparagraph 35, and therefore denies the:allegations and demands strict proof thereof. 36. The SAO is without knowledge Qr informa_tion sufficient to form a belief as to the truth of any factual allegations contained in paragraph 36, and ther~fore denies the allegations and demands strict proof thereof. 37. The SAO is without knowledge cir information: sufficiehttci forin a belief as to the truth of any factual allegations contained in paragr_aph 37, and therefore denies the a_llegations and demands strict proof thereQf. B. Second Epstein Sex Crimes Investigation, Indictment, Suicide: 2019. 38. Admitted. 39. The SAO is without knowledge or information sufficient to form a b_elief as to the truth of any factual allegations contained in paragraph. :39, and therefore denies the aHegatio_ns and demands strict proof thereof. 40. The SAO is without knowledge or.information sufficient to forin a belief as to the truth of any factual allegations contained in paragraph 40, and therefore denies the allegations and demands strict proof thereof. 41, Th~ SAO is withouJknowledge qrinformatiqn sufficient to form a belief as to the truth of any factual allegations contained in paragraph 41, and therefore denies the ~llegations and demands strict proof thereof. 42. The SAO is without knowl_edge or inforrnatioli sufficient to form-~ belje_f as to the truth of any factu<;tl ~ilegations cqntained in par~graph 42, <clll_d therefore denies the aJlegatio!"ls anc;l dem.ai).<l_s strict proof thereof. 43. The SAO is without knowledge or information sufficient to fotjn a belief as to the truth 6 CA/ArqnilfilID-O"P!U.,1& BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM of any factual allegations contained in paragraph 43, and therefore denies the allegations and demands strict proof thereof. 44. Admitted. C. The August 27,2019, SDNY Hearing: Epstein’s Victims Speak. 45. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 44, and therefore denies the allegations and demands strict proof thereof. 46. Admitted that United States Senior Judge Richard M. Berman ordered a hearing oh August 27, 2019, but the SAO is. without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 43, and therefore denies the allegations and demands strict proof thereof. 47. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 47, and therefore denies the allegations and demands strict proof thereof. 48. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 48, and therefore denies the allegations and demands strict proof thereof. 49. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 49, and therefore denies the allegations and demands strict proof thereof. 50. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations paragraph 50, and therefore denies the allegations and demands strict proof thereof. 51. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 51, and therefore denies the allegations and demands 7 CA/ArophO/OPMNI BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY of any factual allegations coptained in paragraph 43, and therefore denies the a)legations and demands strict proof thereof. 44. Admitted. C. The August 27, 2019, SONY Hearing: Epstein's Victims Speak. 45. The SAO is without knowledge or information sufficient. to form a belief as to the truth of any factual allegations contained in paragraph 44, and therefore denies the l:)llegations and demands strict proof thereof. 46. Adinitted that United States Senior Judge Richard M. B~rman ordered a hearing oh August 27, 2019, but the SAO is_.without kn·owledge or information sufficient to form a belief as to the truth of any rem~ning factual al.legations cont:,iined in paragraph 43, and therefore c:lepies the allegations and demands strict proof thereof. 47. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 47, and therefore denies the allegations and demands strict proof thereof. 48. The SAO is without knowledge or information sufficient to form a beli~f as to the truth of any factual allegations contained in paragraph 48, and therefore denies the allegations and demands strict proof thereof. 49. The SAO is without knowledge or information sufficient to form a belief as fo the truth of any factual allegations contain~d in paragraph 49, and therefore denies the ~llegations anq demand~ strict proof thereof. 50. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations patagr~ph 50, and therefore denies the allegations ~d demands strict proof thereof. 51. The SAO is without knowledge or information sufficient to form a beiief as to the truth of any factual allegations contained in paragraph 51, and therefore denies the allegations and demands 7 CA/ArOfltlffi!IDPPfll.,M BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM strict proof thereof. D. The Palm Beach Post’s Standing and the Public Interest. (1) The Palm Beach Post Has Reported Extensively On Epstein’s Crimes For Nearly 15 Years. 52. Admitted. 53. Admitted. 54. Admitted that the Post has extensively investigated and reported on the allegations against, the law enforcement investigation of, and the crimes committed by Epstein, but lacks sufficient knowledge to admit or deny any factual allegations remaining in paragraph 54, and therefore denies the allegations and demands strict proof thereof. 55. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 55, and therefore denies the allegations and demands strict proof thereof. (2) The Palm Beach Post’s Standing and the Public Interest. 56. Paragraph 56 of the First Amended Complaint contains the Pajm Beach Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO admits the press has a constitutional right of access to criminal proceedings, but is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 56, and therefore denies the allegations and demands strict proof thereof. 57. Paragraph 57 sets forth the Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient tQ form a belief as to the truth of any factual allegations contained in paragraph 57; and therefore denies the allegations and demands strict proof thereof. 58. Paragraph 58 sets forth the Post’s statement of the case and legal arguments to which t 8 CA/Arqnttarg>0pft2.ta BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY strict pr_oof thereof. D. The Palm Beach Post's Standing and the Public Interest. (1) 52. 53. 54. The Palm Beach Post Has Reported Extensively On Epstein~s Crimes For Neariy 15 Years. Admitted. Admitted, Admitted that the Post ·has extensively investigated and reported on the allegations against, the law enforcement investigation of, and the crimes committed by Epstein, but lacks sufficient knowledge to admit or deny any factual allegations remaining in paragraph 54, and therefore denies the allegations and demands strict proof thereof. 55. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 55, and therefore denies the ,allegations and demands strict proofthereof. (2) 56, The Palm Beach Post's Standing. and the Public Interest. Paragrapl) 56 of the First Amended Complaint co_ntains tl)e Palr:n Beach Post's statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO admits the press has a constitutional right of access to criminal proceedings, but is with9ut knowledge or information sufficient to form a belief as .to the truth of any remaining factual allegations contained in paqtgraph 56, and therefore d_enies the allegatim:is anq demands strict proof thereof. 57. Paragraph 57 sets forth the Post's statement of the case and legal arguments to which no response is required. To the extent that a response is requited, the SAO is witho.ut knowledge or information sufficient to form a belief~ to the truth of any factuc)l alJ~gations contained in paragraph 57; and therefore denies the allegations and demands ~trict proofthereof. 58. Paragraph 58 sets forth the Post's statement of the case and legal arguments to which . - t . 8 CA/ArCflllfilID-0-P~ffl BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations'contained in paragraph 57, and therefore denies the allegations arid dernands strict proof thereof. 59. Paragraph 59 of the First Arhended Complaint contains the Palm Beach Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO admits that Fla, Stat. 905.27 allows a court to make the determination of disclosure but is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 59, arid therefore denies the allegations arid demands strict proof thereof. E. The Court’s Jurisdiction and Authority. (1) The Court’s Supervision of the Grand Jury Process and Its Authority to Order Public Disclosure of the Epstein Evidence. 60. Paragraph 60 of the First Amended Complaint coritains the Pairri Beach Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO admits the press has a constitutional right of access to criminal proceedings, but is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 60, and therefore denies the allegations arid demands strict proofthereof 61. Admitted, 62. Admitted. 63 . Paragraph 63 sets forth the Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 63. and therefore denies the allegations and demands strict proof thereof. 64. Paragraph 64 of the First Amended Complaint contains the Palm Beach Post’s 9 CA/Ar(rt®0FOPAllQ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY no reliponse is requireq. T9 the extent that a response is requjred, the SAO i~ withoµt knowledge or information sufficient to form a belief as to the truth of any factual allegations 'contained in paragraph 57, .and therefore denies the allegations arid demands strict proof thereof. 59. Paragraph 59 of the First Amended Complaint contains the Palm Beach Post's statement of the case and legal arguments to which no respovse is required. To the extent that a respon$e is r~quired, the SAO admits that Fla, St~t. 905.27 ~ll9ws a court tQ make the determination of disclosure but is without knowle~ge or information sufficient to form a belief as to the truth of any tehiairting factual allegations contained in paragraph 59, and therefore denies the allegations and dem:artds strict proof thereof. E. The Court's Jurisdiction and Authority. (1) The Court's Supervision of the Grand Jury Process and Its Authority to Order Public Disclosure of the Epstein Evidence. 60. Paragraph 60 of the FirSt Arnende.d Complaint contains the Palm Beach Post's stateme.nt of the case and legal arguments to whjch no response is required. To the extent that a response is reqt1ired, the SAO admits the pr.es.s h~ a COn$titutional right, of access to cnmin~ proceedings, but is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 60, and therefore denies the allegations ahd demands strict proof thereof 61. Admitted. 62. Admitted. 63. Paragraph 63 sets forth the Post's statement of the case and legal arguments to which no response is required. Jo the extent that a response is required, the SAO is witho.ut knowledge or inform;1tion sufficie.t1t to form a belief as to the tnith of any fact1,1al alkgations contzjned in p~agraph 63; and therefore denies the allegation~ and demands strict proof thereof. 64. Paragraph 64 of the First Amended Complaint contains the P~m Beach Post's 9 CA/Ar~.(\ll$l BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 64, and therefore denies the allegations and demands strict proof thereof. (2) The Court’s Jurisdiction To Declare Rights And Construe Statutes. 65. Admitted. 66. Admitted. 67. Admitted. COUNTI (Declaratory Relief - Florida Stat. Sections 86.011 et seq.) 68. The SAO reincorpprates and re-alleges its prior answers to paragraphs 1 through 67 above. 69. Admitted. 70. Paragraph 70 contains the Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 70, and therefore denies the allegations and demands strict proof thereof. 71, Admitted that The Palm Beach Post is seeking a declaration from this Court but denies the remainder of Paragraph 71, 72. Admitted. 73. Denied. 74. Paragraph 74 contains the Post’s legal arguments to which ho response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 74, and therefore denies the allegations and demands strict proof thereof. 10 CA/Arcpft®g>0Pft22Q BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY statement of the Ccl$e and iegal ~rguments to which no response is required,. To the extent that a response 1s required, the SAO is without knowledge or information sufficient t6 form a belief as to the truth of any remaining factual allegations contained in paragraph 64, and therefore denies the allegations and demands strict proof thereof. (2) The Com1's Jurisdiction To Declare Rights And Constliie Statutes. 65. Admitted. 66. Admitted. 67. Admitted. COUNTI (Declaratory Relief - Florida Stat. Sections 86. 011 et seq.) 68. The SAO reincorporates and re-alleges its prior answers to paragraphs 1 through 67 above. 69. Admitted. 70. Paragraph 70 contains the Post's statement of the case and legal arguments to which no response i_s required. To the ex.tent that~ response is required, the SAQ is without knowl~dge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 70, and therefore denies the allegations and demands strict proof thereof. 71. AdJnitted th~tThe Palm BeachPost is seeking a declaration from thi~ Co11rl but <;ienies the remainder of Paragraph 7L 72. Admitted. 73. Denied. 74. Paragraph 74 contains the Post's legal arguments to which ho resp:ohse is required. To the exient th;it a response is required, the SAO is without knowledge or infoqnation !>ufficient to form a belief as to the truth of' any factual allegations contained in paragraph 74, and ther~fore qenies the allegations and demands strict proof thereof. 10 CA/ArOflil.mIDPP~ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM MOTION TO DISMISS COUNT II (Florida Stat. Section 905.27) Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, pursuant to the Florida Rules of Civil Procedure 1.420, hereby files this Motion to Dismiss Count II ofPlaintiff s First Amended Complaint for failure to state a cause of action, and in support thereof states: I. Standard of Review When confronted with a motion to dismiss, the Court must determine whether the Complaint as phrased within its four comers sufficiently states a cause of action, whereby relief can be granted. Fox v. Professional Wrecker Operations, 801 So. 2d 175, 178 (Fla. 5th DCA 2001). A motion to dismiss tests whether the plaintiff has stated a cause of action. The fest for a motion to dismiss under Florida Rule of Civil Procedure 1.140(b) is whether the pleader could prove any set of facts as alleged in the Complaint to support his or her claim. See, Connolly v, Sebeco, Inc., 89 So. 2d 482, 484 (Fla. 1956); Wasualns. Co. v. Haynes, 683 So. 2d 1123 (Fla. 4th DCA 1996). In order to meet this test, “a complaint must allege sufficient ultimate facts to show that a pleader is entitled to relief.” WR, Townsend Contr,, Inc, v: Jensen Civ. Constr., Inc., 728 So. 2d 297, 300 (Fla. 1st DCA 1999) (quoting Perry v. Cosgrove. 464 So. 2d 664, 665 (Fla. 2d DCA 1985); Fla. R. Civ. P. 1.110(b)). The court need not accept internally inconsistent factual claims, conclusory allegations, unwarranted deductions, or mere legal conclusions made by a party. Id. (citing Response Oncology, Inc, v. Metrahealth Insurance Co., 978 F. Supp. 1052,1058 (S.D. Fla. 1997)); Oxford Asset Mgmt, v. Jaharis. 297 F.3d 1182, 1188 (11th Cir. 2002) (“[On a motion to dismiss,] the plaintiffs factual allegations are accepted as true.... However, legal conclusions masquerading as facts will not prevent dismissal.”). To. avoid dismissal, a pleading “must allege a cause of action recognized under law” against the defending party. Kislak v. Kreedian, 95 So, 2d 510, 514 (Fla: 1957). IL Argument a. Neither Defendant Aronberg, nor the Office of the State Attorney for the Fifteenth Judicial Circuit is in possession and/or control ofdocuments that 11 CA/Arqnft®S>PPPM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY MOTION TO DISMISS COUNT II (Florida Stat. Section 905,27) Defendant, DA VE ARONBERG, as State Attorney of Palm Beach C<?unty, Florida, pursuant to the Florida: Rules of Civil Procedure 1.420, hereby files this Motion to Dismiss Count II of Plaintiff's First Amended Complaint for failure to state a cause of action, and in support thereof states: I. Standard .of Review When confronted with a motion to dismiss, the Court must determine whether the Complaint as phrased within its four comers sufficiently states a cause of action, whereby relief can be granted. Fox v. Professional Wrecker Operations, 801 So. 2d 175, 178 (Fla. 5th DCA 2001). A motion to dismiss tests whether the plaintiff has stated a cause of action. The test for a motion to dismiss wider Florida Rule of Civil Procedure l .140(b) is whetherthe pleader could proye a.q.y set of fact~ as alleged in the Complaint to support his or her claim. See, Connolly v. Sebeco, Inc., 89 So. 2d 482, 484 (Fla. 1956); Wasualns. Co. v. Haynes, 683 So. 2d 1123 (Fla. 4th DCA 1996). In order to meet this test, "a complaint must allege sufficient ultimate facts to show that a pleac;h:!r is entitled to relief." W,R Townsend Contr., Inc.-v: Jensen Civ, Constr., Inc., 728 So_. 29 297, 300 (Fla. 1st DCA 1999) (quoting Perry v. Cosgrove, 464 So. 2d 664, 665 (Fla. 2d DCA 1985); Fla. R. Civ. P. 1.11 0(b )). The court need not accept internally inconsistent factual claims, conclusory ·allegati_ons, unwarranted deductions, or mere legal conclusions m_ade by a p_arfy. Id. (citing Response Oncology, Inc. v. Metrahealth Insurance Co., 978 F. Supp, 1052? 1058 (S.D, Fl~. 1997)); Oxford Asset Mgmt. v. Jaharis, 297 F)d 1182, 1188 (11th Cir. 2002) ("[On a motion to dismiss,] the plaintiff's factual allegations are accepted as true.... However, legal conclusions masquerading as facts will not prevent dismissal."). Tp avoid dismissal, a pleading ''must allege a cause of action recognized under law'' _againstthe defending party. Kislak v. Kreedian, 95 So, 2d 510,514 (Fla, 1957}. II. Argument a. Neither Defendant Aron berg, nor the Office of the State Attorney for the Fifteenth Judicial Circuit is in possession and/or control of documents that 11 CA/ArCflllmID-OP~ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM are the subject of this action. j i It is significant to emphasize that despite Plaintiffs allegations to the contrary, Defendant Aronberg arid the Office of the State Attorney for the Fifteenth Judicial Circuit are not in custody or control of the records sought herein, and therefore Defendant Aronberg is not a proper party to this action. In fact, Defendant, Sharon R. Bock, as Clerk and Comptroller ofPalm Beach County, Florida, admits that it is the custodian in possession of the documents that are the subject of this action. b. Plaintiff Fails to State a Cause of Action Plaintiff attempts to assert a cause ofaction, in the interest of“furtheringj ustice”, under Florida Statute § 905.27; however, a review ofthe statute in question reveals that no cause of action is provided for therein and consequently Count II of Plaintiffs First Amended Complaint must be dismissed as a matter of law. Despite Plaintiffs extensive recitation of the factual background regarding Jeffery Epstein and the testimony and evidence presented to the 2006 grand jury in Palm Beach County, Florida, Fla. Stat. § 905.27, merely explains the exceptions to the disclosure of grand jury testimony and does not set forth in any way a cause of action upon which to initiate a valid law suit. Moreover, a review of the statute at issue clearly indicates that even if § 905.27, Fla. Stat, provided a basis for a cause of action, Plaintiff is barred from access to the records it seeks. To wit, in pertinent part, Fla. Stat. § 905.27(2) states: When such disclosure is ordered by a court pursuant to subsection (1) for use in a civil case, it may be disclosed to all parties to the case and to their attorneys and by the latter to their legal associates and employees. However, the grand jury testimony afforded such persons by the court can only be used in the defense or prosecution ofthe civil or criminal case and for no other purpose whatsoever. Here, despite the clear statutory guidelines for disclosure of grandjury materials in a civil case, Plaintiff is improperly seeking the requested 2006 grand jury materials for the purposes of public disclosure pursuant to the court’s inherent authority and supervisory powers over the grand jury. [See, Complaint 8,63]. Again, even ifPlaintiffproperly asserted a cause ofaction under Fla, Stat. 905.27, the statute unambiguously states that grand jury testimony “can only be used in the defense or 12 CA/ArcmBgiwaiaa beach county, fl, Joseph abruzzo, clerk. 3/27/2023 3:44:22 pm NOT A CERTIFIED COPY ai;e the subject ofthis action. I It is significant to emphasize that despite Plaintiffs allegations to the contrary, Defendant . I . I Aronberg and the Office of the State Attorney for the Fifteenth Judicial Circuit are not in custody or control of the records sought herein, and therefore Defendant Afonberg is not a proper party to this action. In fact, Defendant, Sharon R Bock, a.s Clerk and Comptroller of Palm Beach County, Florida, admits that it is the custodian in possession of the documents that are the subject of this actjqn. b. Plaintiff Fails to State a Cause of Action Plaintiff attempts to assert a cause ofaction, in the interest of "furtheringj ustice", under Florida Statute § ;905.27; however, a review of the statute in question reveals that no cause of action is• provided for !herElin aJ)cl con_seque_ntly Count II of PlaiQ.tiffs Fjrst Amended Complaint mu.st be dismi$Sed as a matter of law. Despite Plaintiffs extensive recitation .of the factual background regarding Jeffery Epstein and the testimony and evidence presented to the 2006 grand jury ih Palm Beach County, Florida, Fla. Stat. § 905.271 merely explains the exceptions to the disclosure of grand jury testimony aJ)d does not set forth in any way a cause of action upon whic_h to initiate a valid lawsuit. Moreqver, a review of the statute at issue clearly indicates that even if § 90527, Fla. Stat provided a basis for a cause of action, Plaintiff is barred from access to the records it seeks. To wit, in pertinent part, Fla. Stat. § 905.27(2) states: When such disclosure is ordered by a court pursuant to subsection O) for use in a civil case, ii may be clisclosed to alJ partie? to the case and 19 their -~ttomeys and by the latter to their •iegai assoc:i~tes and ernpfoy~es. How~ver, the grand iun1 testimony afforded such persons by the court can only be used in the defense or prosecution ofihe civil or criminal case and for no other pzirpose whatsoever. • - Here, despite the clear statutory guidelines for disclosure of grand jury materials in a civil case, Plai_ntiff is improperly seeking_ the request~d 2006 grand jury Illaterial!? f9r the purposes of public ' clisclq_sure pursl.lant to th~ c:ourt' s inherent aµthqrity and supervisory powers ov,er the gr<!fld jµry, [~ee, Complaint ,,r 8, 63]. Agai"n, even if Plaintiff properly ~serted a caus~ ofaction under Fla, Sjat. 905 .2 7, the statute unambiguously states that grand jury testimony ''can only be used in the defense or • ' 12 CA/Arc:lf'illiRJp-Ql)~ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM prosecution of the civil or criminal case and for no other purpose whatsoever”, which is distinctly different from Plaintiff’s intended purpose for public disclosure of the grand jury evidence. Fla. Stat. § 905,27(2). WHEREFORE, based on the foregoing argument and supporting authority. Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, respectfully requests that this Honorable Court grant the instant Motion and dismiss Count II ofPlaintiffs First Amended Complaint with prejudice, and grant Defendant Aronberg all other and further relief deemed just and proper, including attorney's fees and costs for defending this frivolous action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24th day of January, 2020, a copy ofthe foregoing has been electronically filed with the Florida E-File Portal for e-service on all parties of record herein. JACOBS SCHOLZ & WYLER, LLC /s/Douglas A, Wyler Arthur I. Jacobs, Esq. Fla. Bar No,: 10249 Richard J. Scholz, Esq. Fla. Bar No.: 0021261 Douglas A. Wyler, Esq. Fla. Bar No.: 119979 961687 Gateway Blvd , Suite 201-1 Fernandina Beach, Florida 32034 (904) 261-3693 (904) 261-7879 Fax Primary: [email protected] General Counselfor the Florida Prosecuting Attorney’s Association CA/Arcptt®g>ppQ22$ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM NOT A CERTIFIED COPY I I prqs~cution of the civil or criminal case and for no other purpose whatsoev'.er'\ which i~ distinctly different from Plaintiffs intended purpose for public disclosure of the wand jury evidence. Fla. Stat. § 905.27(2). WHEREFORE, based on the foregoing argument and supporting authority, Defendant, DAVE ARONBERG, as State Attorney of J>alrri Beach County; Florid:i, respectfully requests that this Hon9r~ble Court grant the instant M9tion an<;l dismiss Coµnt II of Plaintiff's First Amended Complaint with prejudice, and grant Defendant Aronberg all other and further relief deemed just and proper, including attorney's fees and costs for defending this frivolous action. CERTIFICATE OF SERVICE I HEREBY CERTIFY th~t on this 24th day of January, 2020, a copy of th~ foregoing has been electronically filed with the Florida E-File Portal fore-service on all parties of record herein. 13 JACOBS SCHOLZ & WYLER, LLC ls/ Douglas A. Wylt:!r Arthur I. Jacobs, Esq. Fia. Bar No,; 10249 Richard J. Scholz, Esq. Fla. Bar No.: 0021261 Douglas A Wyler, Esq. Fla. Bar No.: 119979 961687 Gateway Blvd., Suite 201-I Fernandina Beach, Fl_orida 32034 (904) 261-3693 (904) 261-7879 F~ Primary: [email protected] General Counsel for the Florida Prosecuting Attorney's Association CA/ArCflilsIUD·PP~ BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 3:44:22 PM

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