Villafana, Ann Marie C. (USAFLS) From: VIHelena, Ann Marie C. (USAFLS) Sent: Tuesday, August 05, 200810:13 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS) Cc: Atkinson, Karen (USAFLS); Jacobus, %Indy (USAFLS) Subject: Judge Marra's Rulings in the Jane Doe Epstein litigation Good morning. Judge Marra is keeping Mr. Epstein's attorneys on their toes. This morning he issued two rulings in one of the civil suits. First, he denied Epstein's motion to stay the civil litigation, finding that there is no pending "criminal action" based upon the Non-Prosecution Agreement. He includes a wonderful line, "After all, Defendant is in control of his own destiny — it is up to him (and him alone) whether the plea agreement reached with the State of Florida is breached." Judge Marra also denied Epstein's Motion to Seal his Reply Brief on the Motion to Stay. The Clerk's Office has not yet unsealed those documents, but it is possible that they contain the Non-Prosecution Agreement, which would make tomorrow's meeting much easier. I will check before our conference call. Thank you. DE34 080805_0DE33080805_0 er Denying Motner Denying Motn A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 322 EFTA00193624