.Case 9:084,4119-KAM Documt...t 24 Entered on FLSD Docket 07/ , /2008 Page 2 of 4 NOTICE OF CONTINUED PENDENCY OF FEDERAL CRIMINAI, ACTION Defendant Jeffrey Epstein hereby notifies the Court of the continued pendency of a federal criminal action against him, stating as follows:. On June 30, 2008, after defendant Jeffrey Epstein filed his motion to stay PE 121, he was sentenced in the state-court criminal case described in that motion (State of Florida • Jeffrey Epstein, Case No. 2006 CF 09454 AXX, Fifteenth Judicial Circuit, Palm Beach County) (the "Florida Criminal Action"). As explained below, the parallel federal criminal action against him described in that motion (In re Grand Jury, No. FGJ 07-103(WPB), United States District Court for the Southern District of Florida) (the "Federal Criminal Action"), remains pending. On September 24, 2007, the United States Attorney's Office for the Southern District of Florida ("USAO"), represented by Assistant United States Attorney El Marie'. Esq., and Mr. Epstein, entered into a deferred- prosecution agreement ("Agreement"), which the parties agreed to keep confidential. Prior to entering into that Agreement, Ms. advised that she had already prepared a federal criminal indictment against Mr. Epstein in the Federal Criminal Action. Under the Agreement, beginning on the date Mr. Epstein began serving his sentence in the Florida Criminal Action, the USAO agreed to suspend its grand jury investigation in the Federal Criminal Action. The USAO, however, retains the 2 EFTA00175689
di „Oise 9:08-cv-ou I 19-KAM Docume... 24 Entered on FLSD Docket 07/1..z008 Page 3 of 4 right to reactivate the grand jury and indict Mr. Epstein should he breach any part of the Agreement during its term, which runs for 33 months, beginning on the date Mr. Epstein began serving his sentence in the Florida Criminal Action. Accordingly, the Federal Criminal Action will remain pending against Mr. Epstein for 33 months from June 30, 2008. Mr. Epstein will provide the Court with a copy of the confidential Agreement for its in-camera inspection at the Court's request. WI IEREFORE, Defendant Jeffrey Epstein hereby notifies the Court of the continued pendency of the Federal Criminal Action. Respectfully submitted, LEWIS TEIN, F.L. 3059 Grand Avenue, Suite 340 Coconut Grove Florida 33133 Tel: Fax: By: titt; GUY A. LEWIS Fla. Bar No. 623740 MICHAEL R. TEIN Fla. Bar No. 993522 3 EFTA00175690
. Case 9:08-cv,"119-KAM Docum,. a 24 Entered on FLSD Docket 07/, , '2008 Page 4 of 4 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. Fax. By: Jack A. Goldberger Ha. Bar No. 262013 Attorneys for Defendant Jeffrey Epstein CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that this motion, in accordance with S.D. Fla. L.R. 5.4, has not been served on opposing counsel and was filed under seal on July 10, 2008. Michael R. *Fein 4 EFTA00175691
Case 9:08-cv-8i, '9-KAM Docun— it 16 Entered on FLSD Docket 07,„ /2008 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA-JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. DEFENDANT'S NOTICE CONCERNING MOTION TO STAY IDE 121 In connection with his motion to stay this action [DE 12], Defendant Jeffrey Epstein hereby notifies the Court that the State Court action, State of Florida' Jeffrey Epstein, Case No. 2006 CF 09454 AXX (Fifteenth Judicial Circuit, Palm Beach County), was resolved on June 30, 2008. See Final Disposition sheets, attached hereto as Exhibit A. The federal criminal proceeding, however, remains pending. Respectfully submitted, ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West PalrrLBeach Florida 33401 Tel: Fax: EFTA00175692
Case 9:08-cv-8C i9-KAM Docurn-iit 16 Entered on FLSD Docket 07,,- 112008 Page 2 of 3 By: /s/ Jack A. Goldberger Jack A. Goldberger Fla. Bar N . 262013 Attorneys for Defendant Jeffrey Epstein 2 EFTA00175693
Case 9:08-cv-8G i9-KAM Docun,— it 16 Entered on FLSD Docket 07,„ ./2008 Page 3 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 1, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on counsel of record identified below by facsimile and U.S. Mail. Jeffrey M. Herman, Esq. Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Herman & Mermelstein, P.A. 18205 Biscayne Blvd, Suite 2218 Miami, Florida 33160 Fax: /s/ Jack A. Goldberger Jack A. Goldberger 3 EFTA00175694
Case 9:08-cv-80 i ,9-KAM Documitc 16-2 Entered on FLSD Docket Or,d1/2008 Page 1 of 4 EXHIBIT A EFTA00175695
. ' Case 6:08-ev-8d, . J-KMA DOCOrrt... 16-2 Entered on FLSD Docket 0. ..1/2008 Page 2 of 4 , EN1) ! tb.0 : th.naits 1*. • ' -Zet SC200tiF00:14.93AXXX. ST. . EC' !t. VS. WILLT:rti. i'ZB/VZT ..Pfilia'rritreZSII • as: elni r JEFFREY E. EF;13TEXF1 Z41. --- . Dem • J e ' • Jr - Deft—Pres of W / / 0 ef. . PD • Prat otPres, sc Before.the awn for. //' C - • . 0 Granted 0 Denied 0 With / Without Prejudice 0 Withdrawn °Court Reserves Ruling 0 Written Order to Follow 0 Warrant 0 Ordered 0 Recalled 0 Bo 0 BoodForf OOR:Diseh/Revoked/Reinstated 0 Bond Forf Vacated 0 Previous Bond Reinstated, if il t 0 SeeBetow °Also Covers . OSkiCond ad Dis Remake . OSOR:Disdi/Revoked/Reiostated • • . • B e is 0 State failed to file charges O. Released OR / S:O.R- 0 Deft _ Indigent 0 PD Appt 0 Erg only Evaluation for: 0 Drug Farm 0 DOC Non-Secure • • 0 Pre-Plea 0 PSI ordered by/within O Referred to: PTI / SAAP / PADD 0 Case p . PD Pres • 0 . Court Appts Bed by • • . • days 0 W/lnput from DM / Staffing. d on the.absentee docket DEFT ENTERED A 0 0 NOT GUILTY GUILTY Cl NO CONTEST 0 DESTINTEREST. 0 T9TEE COURT AACharged-Cts 4. Cts Lesser Charge Q' V Sw &Test dv of Rts Waived PSI • Lesser Qs. Lesser Charge ... GUILTY as Charged as to Os (V 1&A Less& Os V ADJ FOUND GUILTY as Charged as to Qs Lesser Cts . 0 ADJ W/EIELD as to Cts 0 SEAT W/EELD as to Cis • 0 FOUND AND ADJUDICATED DELINQUENT as to 0 FOUND & ADJ NOT GUILTY as to cps Cts Cblipoildertofelbw/filei .. 0 Dismiss 0 blolle Prosse Cts • . Prob / Comm Cauol: Cl Revoked ' 0 Reinsta 0 Modified 0 1)..mi. Successfully / Uosaecessfally.• • . ., O Stip/Found: (violent) aanivaidat 775.084 Predator 0 SOP/Pound: PAR. .' SENTENCE: noid AC45 • e. Cts• PBC'. /Dog: W/Qtdit for / ii / • • .A4eril/Tif . : DeftRemanded ClO pia status to temsin on same rel. pending seat. • . onenc / Consec / Co-Tenn w/oases /L6: • • . . . • . . ' O Execution of Sentence Stayed 0 Sentence Suspended 0 Youthful Off 0 Habitual Off. 0 Min / Mand• Cl Tone served as to Cts • as to Cts • .. 0 .ABOVESEICIENCETOBE rousowED By: 0 Probanon O DRIVERS LICENSE TO BE SUSPENDED / REVOKED 0 D‘iig /sex OfProb CI Comm. Control' .0 I. 0 n - see lig. i FOR • . YEARS ASA RESULT OF THIS PLEA. , Set / Remains Set/ Reset .1 I • • • • Set Remains Set /Reim ' AM/PM Div Rnt _ at AM/141 O Deft sign O Def Co 0 ASA O Prob CI Jail 0 DA • 0 CAL Notified by mall by: 0/1 O County Courthouse 0 Courtroom, Criminal Justice Bldg. 0 Courtroom,. Criminal Justice Complex 205 N. Dixie. West Palm Beach 38844 State Road 80, Belle Glade 3228 Gun Club Rd., West Palm Beech IP YOU ARM A PERSON WM A OISAERITY Vag REEDIMIV ACCOMIODADM N ORDER TO PARI1CTPATE N MIS POOMM.610, YW PEE ITNITI7E0, AT NO COUTO Y00017 MEOW/NON Of • CERTAIN ASSURANCE MAME CONTACT NARY PIM, ADA COOMMITOR N 714E ADIENSTRATVE WIVE OP THE COUR% PAY BEACH town CCU/MUM POS R. 01:41 MK MI MOM MST PAW STActl, R. 33401;117.EPTCNE 0611)smomnen WOES WM OP YOUR RECEIPT OF TH0 HOME 'YOU Mt MARINO OR VC CI WPMCALL 740010ETTI. . . „ . 0 Bondsman ' Pons 611 EDP R• v 17/06 . . • EFTA00175696
• ' • Case 9:08-cv-8d . d-KAM Docurd,...,16-2 Entered Qn FL,SP.:DGcket d.. J1/2008 Page 3 of 4 Case No.: 2008CP009361MIX K ST of.fla • ' : ~MY •BPSSElN .chargee: PROCURS PERSON ON= /4.1 OP 3.13 FOR as‘Srition • . . • (Sa SAS PROM 2006C200945423Xi • . Arreadt Bond# Date / '1, Judge • Crt. Rap. / • 4/r/!/`1 ice—) ASA '40 • • • • : IM ,treg---Prer/ ot Pres. W/ /0 et . ' Hsu •(PD-Pr el / Not Pros. ., . . 13thIrnhe-Court for: il .7," • . i .. . o Granted o Denied ..O With / Without Prejudice O Withdravin O COurt Rennes Ruling O Written Order to Follow O Warrant O Ordered O Recalled O Bond Set at S • : • 0 .See. Below O Also Coven O Sp Cond 0. Bond Fed O OR: Disch / Revoked /Reinstated O Bondi Ditch /.Revoked -O SQR: Disci: /Revoked I Reinstated . O Bond Fort Vacated O Previous Bond Reinstated, if Bondsman agrees . CD Stitefeffedft: Ede ;harps • CI Released O.R. /S.O.R. . O Deft_ Indigent O PD Appt O lirg only PD Pre* . . • ' -' • '••••1:1- Court Al4ots . Evaluation forj o Drug Perm O DOC Non-Secure Bed by • • . CI Pre-Plea O PSI ordered by/within . days. • 0 ^w/input from DJJ /Staffing - O Referred to: P11 / SAAP / PADD O Case place on the absentee dockef.., - • • • . • ' 13 DEPT ENTERED A PLEA OF: • NOT GUILTY. GUILTY • 0 NO CONTEST :. O BAST INTEREST O TO THE COURT .. rh Charged-Ctsv ): ..‹ Lesser Cts 2—---.r.:•Leseer Charge e Sw &Eat Adv of Ris dp(sived -- PSI ' Laser Cu ' 'Liner, Charge: . . GUILTY as Charged as to Cu Carets' ' • ' • ' I AM FOUND GUILTY as Charged as to Cts • O ADJ W/IIELD as to Cu O •saftrriv~ watts. • . O FOUND AND ADJUDICATED DBLJNQUEHT as to Cu' - ' •• • O Dispo Order to follow / Piled O FOUND & ADJ NOT GUILTY sa te Cts O Dinniss :. d Nose Prosse Cu Prob / Comm Control: O Revoked ..1O Reinstated O Modified. O Term:• .SUecessfully / Unsuccessfully , • O Deft. to pay fine or complete • tin. Community Service or Serve _..;_days PAC'. ' O StiP/Found: (viderti)Flabjjwal Oft 775,084 . .»ttl Stip/Poundr:Sii%gr./ Spinal Predator C Stip/Pound: P.R.R: SENTENCE PBCIC4 fa -) Cø:'/ Qs: .... PAC.J. ' Cis. ; " / DOC: •• • ': - Cts: • - l nWc /Credit for • eDiap //dafjCp~esi s lieft to kerain on sanie:rei;•suitas pending-suit • ' • Cofftiml w/castis . -42,•• tin° <*".. J Y . • .• • • • O Execution of Sentence Stayed O Sentioce Suspended O Ilmoserved at 1.0 Youthful Off O Habitual Off O Min /Mend . ante ABOVE SENTENCE TO BE FOLLOWED By: .O Probation. O Drug Off Prob • . . • • .• • Coffin Control - . • • . . • " Set Remains Set / Reset • . . . Set/ Remains Set /Raset • Div. • Rm at Alvi/PM . • Div Rm AM/PM • O Deft iign •O Dir Cd O ASA . -• O Prob ' O Jail O MI. O GAL Notified by nail by: . . • '• O 'County Courthouse • , ' . O Courtroom, Criminal IusticetIdg. • • • 205 14‘ Dixie, West.Palm.fteach • : 38844 State Road 80, Belle Glade. • O Bondsman • OD . CI Courtroom, erittrilial-Jusdce Complex • 3228-Gun Club Rd., West Palm Beach letOU ARE APOISON pins A DISALDIDY 111*DIIDO:DADIACOOMDODAIIONIII °AMID PARDCIPATI MIS PROCID:OND, YOU APE ~SUM CO51'10 YOU,TO'DIE NIMROD OF cortui ASSISTAICT. mime cottracr ,ADA.COORDSWOR tree ACIMISTRØVS OFF= Grimm" tom seacittaarry commune2U ma tern am MO, WEST PAID BUCK FL $3.04,DLEPHCM %MIN 2 WORKIDIDAYS (»TOUR RECEIPT Of DUNG= IFY0UAIDI HEARIDO Ca MCI DWAIRPA, CAU.1400•554771. • - • • • Porki tti.:-3ttIZ-a- ."• • . . • EFTA00175697
• . Case 9:08-cv-801 9-KAM Document.16-2 Entered on FLSD Docket Thu1/2008 Pyge 4 of 4 tTh .s, 0 DATE. 6 9, 0 8 . , • -rage 2 . Aft CASE NO.1. NAM gs, • re I Li v •• TERM OF Prob / Sex Oft / ()rug Off P II: 12' Ir mos s td cfs: _i___-_ . . Consec. o cone w/ O w/ . . O Probation transferred to: . . SPECIAL CONDITIONS: • ' ' ( ' O Complete Originally Ordered Conditions . • . .l * . . • • • . .O Curfew: p rri with the following exception. • • , O Deft. to report to Prob.. Dept. immediately upon release i ' ' • . , • - • .O. Deft. not lo have In care, custody; or control any.unlawful orillegal raatarial, subst., device, or object. 'O Deft. to Immediately notify Prob. Officer If place of residence briciti changes. • * O Restitution CRO filed ,. _ . , • • • • ...., . O Subject to all ordinary and speckl conditions ofPrbbation/ • • • . • • • • • O Substance Abuse Evil. / Peychologioel Eval: / Psychosexual Eval. within / by': • - • '. . . - and deft. tosuccessfully complete' recommended haalfnent. ' ;: .. •- •:'• 2 • - ' ' • . • ' ''..••• • :'• ' O Random DrUg/Alcohol Testing ',' . O' At De'li's Expehae • • ' Ol•Costs.Wahied • • •—•' --- ' • ..• • . * O No Consumption/Possession Of Alcohol or.Drugs or Intoxicant° without a Prescription. '. • ' O Attend -AA and/or NA Meetings per. Week: ‘ O nett. not to frequent any place of business whose primary purpose Is the sale of alcohol. 4 . . .: O Complete Community Seniice to be done at the rate of • ' His..per"Wk/Mo.(Min.) ____Hrkof O License Revoked / Suspended for • . . mos /Yrs • • . O Attend and successfully complete Dpi School and 1 session of•Victim Impact Panel 1.1 No Contact / No Violent Contact / No Direct or:indirect contact w/yictim(s) orothers listed: .- - • • • • ) . • cl Nd Contact w/Mlnor Children w/dAdulteupervision aware of thlicasOuld the disposition; O Cost of §0pervision• $ • ••• per month O Waived by Court. O Enter arid SucceSsfully Complete DOC N0n-Secure.Bed Program and Any Recommended Aftercare. . .. O Hold in Custody, release only to DOC Non-Sehure Bed•Prograni Officer. O Enter and Successfully Complete PBSO'Long I Shod Track Drug Perm and-Any flee: Aftercare. • . :' O Forfeit Weapon / Money seized at the time of arrest to: - • • • . . O Enter and Complete: . O Anger Management Program • O Batterers Intervention Program .. . p Theft Abatement Program: . • Other . • .O O Defendant mayapply for Early Termination after .) -, provided all conds. are satisfied. O Serve • * . -• days / month ' InPaCJ Ith. credit for . • • . . . •.days !months. 4. , . 41- ii • it \11,64-(7 P(/ .s.:Ariiii . • • • .. . r% ....s. i . 1._01 1 • fiA.; ith' .. :k /ri -c ilit< r -- ea , S 9 ;al. ;if bc -3: ;•??.(7.1lee. • s . I. - . net • ,..i • ,.., 1_, b.: O ...;(*.? j -I- IN4 -1 --..0 *IAEA g S O k• 1:-.:;Pfetfise. ' ' ' . . . . . . • •• • . . . . • . • . 7.- . . . . • . K . . • • • .. • • • • • 0 • • - - • • • . . . . • • • ' 0 • . • . • • . . • - • . • - • o . • . FORM 373 rev 3/O2 EFTA00175698
Case 9:08-cv-% . ,9-KAM Docun....a 21 Entered on FLSD Docket 07, ..,/2008 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80119-CIV-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, JEFFREY EPSTEIN, Defendant. ORDER DENYING MOTION TO SEAL THIS CAUSE comes before the Court on Defendant Jeffrey Epstein's Motion to File Ex Parte and Under Seal, filed July 10, 2008. Defendant seeks to file a Notice of Continued Pendency of Federal Criminal Action under seal.' The Court has carefully considered the motion and the record and is otherwise fully advised in the premises. As stated in the Local Rules for the Southern District of Florida, "proceedings in the United States District Court are public and Court filings are matters of public record." S.D. Fla. L.R. 5.4(A). It is well settled that the media and the public in general possess a common-law right to inspect and copy judicial records. See Nixon ! Warner Communications, Inc., 435 U.S. 589, 597 (1978). "The right to inspect and copy records is not absolute, however. As with other forms of access, it may interfere with the administration of justice and hence may have to be curtailed." Graddick, 696 F.2d 796, 803 (1Ith Cir.1983). This right of access creates 'All documents filed conventionally shall henceforth be filed directly with the Office of the Clerk in West Palm Beach, Florida. The parties shall not file documents conventionally in any other division of the Southern District of Florida. EFTA00175699
Case 9:08-cv-8t_ 19-KAM Docut, .1t 21 Entered on FLSD Docket (/, .J/2008 Page 2 of 3 a presumption in favor of openness of court records, which "must be balanced against any competing interest advanced." United States iNoriega, 752 F. Supp. 1037, 1040 (S.D. Ha.1990). For example, courts may look to see whether the records sought are for illegitimate purposes. 696 F.2d at 803. Likewise, the Court may consider whether "the press has already been permitted substantial access to the contents of the records." Id. In his motion to seal, Defendant has made no argument as to why his Notice of Continued Pendency of Federal Criminal Action should not be made available to the public. Defendant states only that he wishes "(t)o avoid disclosure of confidential material." (Def. Mot. 2.) The Court finds this justification insufficient to justify keeping this document (filed ex parte) under seal. The Court is supported in this conclusion by its decision in a similar case, In re: Jane Doe, No. 08-80736-C1V (S.D. Ha. July 11, 2008), in which the Court unsealed, over the objection of the United States Attorney, documents containing similar information regarding Defendant's criminal plea agreement. Thus, any argument regarding confidentiality is vitiated by the fact that information regarding Defendant's criminal plea arrangement is already a matter of public record. See, e.g., Sally Apgar, Victims Object to Palm Beach Billionaire's Plea Deal in Underage Sex Case, S. Fla. Sun-Sentinel, July 12, 2008. Similarly, Defendant has not justified the necessity of filing his Notice ex parte. As such, Defendant's Motion to Seal shall be denied. Accordingly, it is ORDERED AND ADJUDGED that Defendant's Motion to File Ex Parte and Under Seal is DENIED. The Clerk shall UNSEAL docket entries 19 and 20 and make them available for public inspection through CM/ECF at the earliest possible time. Defendant is further ORDERED to serve a copy of his Notice on Plaintiff within five (5) days of the date of 2 EFTA00175700
Case 9:08-cv-8G .9-KAM Docun,_. it 21 Entered on FLSD Docket di . J2008 Page 3 of 3 entry of this Order. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 161° day of July, 2008. KENNETH A. MARRA United States District Judge Copies furnished to: all counsel of record 3 EFTA00175701
Case 9:08-cv-80 3ifigv08-O6101111 2AE2_of: ClIfflanfewe09_313/116diellt 6/228 Page 1 of 3 U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:08-cv-80119-KAM Internal Use Only Doe i Epstein Assigned to: Judge Kenneth A. Marra Referred to: Magistrate Judge Linnea R. Johnson Case: 9:08-cv-80232—KAM Cause: 28:1391 Pcrsonal Injury Plaintiff Jane Doe No. 2 I Defendant Jeffrey Epstein Date Filed: 02/06/2008 Jury Demand: Plaintiff Nature of Suit: 360 P.I.: Other Jurisdiction: Diversity represented by Adam D. Horowitz Herman &Mermelstein, P.A. 18205 Biscayne Blvd. Suite 2218 Miami, FL 33160 ax: Email' LEAD ATTORNEY TO BE NOTICED Jeffrey Marc Herman Herman &Mermelstein 18205 Biscayne Boulevard Suite 2218 Miami FL 33160 Ea mail: OW LEAD ATTORNEY TO BE NOTICED Stuart S. Mermelstein Herman &Mennelstcin 18205 Biscayne Boulevard Suite 2218 IF Mi i FL 33160 Email: ORF ain LEAD ATTORNEY TO BE NOTICED represented by Jack Alan Goldberger Atterbury Goldberger &Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 ax: Email: A7TO D Michael Ross Tein Lewis Tein 3059 Grand Avenue Suite 340 EFTA00175702
Case 9:08-cv-80 .Kf9QC8-ctao8Oflht 2As2of: CHalgi@OL,O1109;21DA3OcERIDEM .6/203)8 Page 2 of 3 Date Filed # Docket Text 02/06/2008 1 COMPLAINT against Jeffrey Epstein; Filing fee $ 350. Receipt#: 542215, filed by Jane Doe No.2.(1k) (Entered: 02/06/2008) 02/06/2008 2 Summons Issued as to Jeffrey Epstein. (1k) (Entered: 02/06/2008) 02/08/2008 1 Order Requiring Counsel to Confer and Joint Scheduling Report.Signed by Judge Kenneth A. Marra on 2/8/08.0r) (Entered: 02/08/2008) 05/22/2008 4, AFFIDAVIT of Service for Summons and Complaint served on Jeffrey Epstein on May 7, 2008, filed by Jane Doc. (Herman, Jeffrey) (Entered: 05/22/2008) 05/22/2008 1 SUMMONS Returned Executed by Jane Doe. Jeffrey Epstein served on 5/7/2008, Answer due 5/27/2008. (Ik) (Entered: 05/27/2008) 05/27/2008 6 NOTICE of Docket Correction and Instruction to Filer: reA Affidavit of Service filed by Jane Doe. Error: Wrong Event Selected; Correction=Redocketed as "Summons returned executed", D.E.A. Instruction to Filer=In the future please select "summons returned executed" as the proper Event. (Ik) (Entered: 05/27/2008) 05/29/2008 2 Plaintiffs MOTION for Entry of Default by Clerk Against Defendant by Jane Doc. (Attachments: #J, Exhibit A and B, #2 Text of Proposed Order Default Ord)(Horowitz, Adam) (Entered: 05/29/2008) 06/06/2008 8 CLERK'S NOTICE Denying for Improper Service/ Plaintiffs MOTION for Entry of Default by Clerk Against Defendant (tp) (Entered: 06/06/2008) 06/11/2008 2 Plaintiffs MOTION to Compel Clerk to Enter Default Against Defendant, or Alternatively, for an Enlgargement of Time to Serve Process, and Incorporated Memorandum of Law by Jane Doe. Responses due by 6/30/2008 (Attachments: # j Exhibit A, #.2 Exhibit B)(Horowitz, Adam) (Entered: 06/11/2008) 06/13/2008 .1Q NOTICE of Attorney Appearance by Jack Alan Goldberger on behalf of Jeffrey Epstein (Goldberger, Jack) (Entered: 06/13/2008) 06/13/2008 ii RESPONSE to Motion red Plaintiffs MOTION to Compel Clerk to Enter Default Against Defendant, or Alternatively, for an Enlgargement of Time to Serve Process, and Incorporated Memorandum of Law filed by Jeffrey Epstein. Replies due by 6/23/2008. (Attachments: #1 Affidavit for Richard Bamett)(Goldberger, Jack) (Entered: 06/13/2008) 06/20/2008 la Defendant's MOTION to Stay by Jeffrey Epstein. Responses due by 7/10/2008 (Goldberger, Jack) (Entered: 06/20/2008) 06/20/2008 11 Defendant's MOTION for Extension of Time to File Answer or Otherwise Respond To Complaint by Jeffrey Epstein. (Goldberger, Jack) (Entered: 06/20/2008) 06/24/2008 JA MEMORANDUM in Support red Plaintiffs MOTION to Compel Clerk to Enter Default Against Defendant, or Alternatively, for an Enlgargement of Time to Serve Process, and Incorporated Memorandum of Law filed by Jane Doe. (Herman, Jeffrey) (Entered: 06/24/2008) 06/30/2008 11 NOTICE by Jeffrey Epstein Of Filing Deposition (Attachments: #.1 Exhibit)(Goldberger, Jack) (Entered: 06/30/2008) 07/01/2008 la NOTICE by Jeffrey Epstein Concerning Motion To Stay [DE 12] (Attachments: #1 Exhibit A)(Goldbcrger, Jack) (Entered: 07/01/2008) EFTA00175703
Case 9:08-cv-801 atOta08-SelaCalti • 2M2of: CENSwa092D/136cEEDIPS WON Page 3 of 3 07/08/2008 J.2 NOTICE of Attorney Appearance by Michael Ross Tein on behalf of Jeffrey Epstein (Tein, Michael) (Entered: 07/08/2008) 07/10/2008 .111 Plaintiffs MOTION for Extension of Time to File Response as toll Defendant's MOTION to Stay by Jane Doc. (Attachments: #J, Text of Proposed Order)(Horowitz, Adaml(Entcred: 07/10/2008) 07/10/2008 19 Scaled Document. (yc) (Entered: 07/10/2008) 07/10/2008 20 Sealed Document. (yc) (Entered: 07/10/2008) 07/16/2008 21 ORDER denying motion to file Ex Parte and Under Seal. The clerk shall unseal DE 19 and 20 and make them available for inspection through CM/ECF at the earliest possible time. Signed by Judge Kenneth A. Marra on 7/16/08. (ir) (Entered: 07/16/2008) 07/16/2008 Z2 ORDER TO SHOW CAUSE why default should not be entered against Defendant. Show Cause Response due by 7/28/2008. Signed by Judge Kenneth A. Marra on 7/16/08. (ir) (Entered: 07/16/2008) EFTA00175704
Case 9:08-co-00119-KAM Docurne. a 12 Entered on FLSD Docket 06L,„2008 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA-JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. DEFENDANT'S MOTION FOR STAY Defendant Jeffrey Epstein respectfully moves for a mandatory stay of this action under Title 18, United States Code, Section 3509(k). As discussed below, this action is subject to a mandatory stay based on the existence of two pending parallel criminal actions. Introduction This civil action is a private counterpart to two ongoing criminal actions, one in Palm Beach state court, the other in Miami federal court. Both cases purport to arise from the same occurrence: the alleged sexual assault of a minor, Jane Doe No. 2. A federal statute directly on point provides that when an alleged sexual assault involving a child victim results in a "criminal proceeding," a commonly EFTA00175705
Case 9:08-cv-O0119-KAM Documei.t 12 Entered on FLSD Docket 06/4,-2008 Page 2 of 6 derived civil suit "shall be stayed until the end of all phases of the criminal action." 18 § 3509(k) (emphasis added).' A stay of this case is required until there is no longer a pending criminal action derived from the same underlying allegations. See 18 U.S.. § 3509(k). Discussion The parallel state criminal action pending in Palm Beach Circuit Court is still in the discovery phase. State of Florida'. Jeffrey Epstein, Case No. 2006 CF 09454 AXX (Fifteenth Judicial Circuit, Palm Beach County). Meanwhile, there is also a parallel federal criminal grand jury action pending in the Southern District of Florida. In re Grand Jury, No. FGJ 07-103(WPB) (S.D. Fla.) Both cases arise out of the same occurrence and allege that the minor plaintiff is a victim. The language of section 3509(k) of title 18, United States Code, is clear: a parallel "civil action shall be stayed until the end of all phases of the criminal The full text of the mandatory-stay provision reads: If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court 18 . § 3509(k). 2 EFTA00175706
Case 9:08-c\. .3119-KAM Docurnt, . 12 Entered on FLSD Docket 06/... 2008 Page 3 of 6 action." 18 § 3509(k) (emphasis added). When it comes to statutory construction, the mandatory nature of the word "shall" is well-settled. See, e.g., Lopez I. Davis, 531 U.S. 230, 241 (2001) (noting Congress' "use of a mandatory `shall' to impose discretionless obligations") (emphasis added); Lexecon Inc. I Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26, 35 (1998) (explaining that "the mandatory `shall' . . . normally creates an obligation impervious to judicial discretion") (emphasis added). CI Miller French, 530 U.S. 327, 350 (2000) ("Through the PLRA [Prison Litigation Reform Act], Congress clearly intended to make operation of the automatic stay mandatory, precluding courts from exercising their equitable powers to enjoin the stay. And we conclude that this provision does not violate separation of powers principles.") (emphasis added). One district court within the Eleventh Circuit, facing the identical issue with a pending state prosecution, recently construed "the plain language of § 3509(k)" as "requirtingl a stay in a case . . . where . . . a parallel criminal action [is] pending." Doe Francis, No. 5:03 CV 260 MCR/WCS, 2005 WL 950623, at *2 (N.D. Fla. Apr. 20, 2005) (Francis Li) (emphasis added). Accord Doe'. Francis, No. 5:03 CV 260 MCR/WCS, 2005 WL 517847, at *1-2 (N.D. Fla. Feb. 10, 2005) (Francis .1) (staying federal civil action in favor of "a criminal case currently pending in state court in Bay County, Florida, arising from the same facts and involving the same parties as the Instant action," noting that "the language of 18 3 EFTA00175707
Case 9:08-ct, , 3119-KAM Docurn‘. . 12 Entered on FLSD Docket 06/L 2008 Page 4 of 6 § 3509(k) is clear that a stay is required in a case such as this where a parallel criminal action is pending which arises from the same occurrence involving minor victims") (emphasis added). There is no contrary opinion from any court. In determining that the federal stay provision is mandatory, the Francis II court expressed that there was apparently no case law supporting, or even "discussing the [avoidance] of a stay [under the command of] § 3509(k)." Francis II, 2005 WL 950623, at *2. Deferring to the statute as written, the Francis H court rejected the plaintiffs' argument that some of the alleged victims had already reached their majority. See id. The court similarly rejected the plaintiffs' argument that it would be in the victims' best interests to avoid a stay so as to counteract the victims' "ongoing and increasing mental harm due to the `frustrating delay in both the criminal case and [the civil] case.'" Id. The Francis H court, in adhering to the plain language of the statute, also adhered to the "well established priority of criminal proceedings over civil proceedings." Cf. United States I. Hanhardt, 156 F. Supp. 2d 988, 1000 (N.D. Ill. 2001) (citing Fed. R. Crim. P. 50(a)). Conclusion Because this civil action arises from the same allegations as two pending criminal actions, § 3509(k) mandates a stay of this civil action. • 4 EFTA00175708
Case 9:08-cC J119-KAM Docums... 12 Entered on FLSD Docket 061-_.2008 Page 5 of 6 WHEREFORE, Defendant Jeffrey Epstein respectfully requests that the Court enter a stay under 18 § 3509(k), coextensive with the state and federal criminal actions. Respectfully submitted, ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach. Florida 33401 Tel: Fax: By: /s/ Jack A. Goldberger Jack A. Goldberger Fla. Bar No. 262013 j [email protected] Attorneys for Defendant Jeffrey Epstein 5 EFTA00175709
Case 9:08-o, , J119-KAM Docume... 12 Entered on FLSD Docket 06/a._ 1008 Page 6 of 6 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7 Counsel for defendant has conferred in good faith with counsel for the plaintiff, who opposes the relief requested in this motion. /s/ Jack A. Goldberger Jack A. Goldberger CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 20, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on counsel of record identified below by facsimile and U.S. Mail. Jeffrey M. Herman, Esq. Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Herman & Mermelstein, P.A. 18205 Biscayne Blvd, Suite 2218 Miami Florida 33160 Fax: Is/ Jack A. Goldberger Jack A. Goldberger 6 EFTA00175710
9:08-cv-80119-KAN. Document 1 Entered on . LSD D1/4—Ket 0L.d/2008 Par446 FILEDby VT If ELECTRONIC ebruary 6, 2008 JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CLARtMCI MADDOX CLEAN D.E. DIET. ot E.D. OF Tµ • MIAMI CASE NO.: 08-CV-80119-MARRA-JOHNSON COMPLAINT Plaintiff, Jane Doe No. 2 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and Venue 1. Jane Doe No. 2 is a citizen and resident of th e Commonwealth of Virginia, and is sui juris. 2. This Complaint is brought under a fictitious name to protect the identity of the Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon a minor. 3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 4. This is an action for damages in excess of $50 million. 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. This Court has venue of this action pursuant to 28 §1391(a) as a substantial HERMAN 6 MEI:MEI-STEIN. P. A. - 1 - EFTA00175711
Case 9:08-cv-80119-KAN, Document 1 Entered on . -SD D.,...Ket 02,-o/2008 Page 2 of 6 part of the events or omissions giving rise to the claim occurred in this District. Factual Allegations 7. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 8. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2004-2005, Jane Doe, then approximately 16 years old, fell into Epstein's trap and became one of his victims. 9. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 10. Epstein's scheme involved the use of young girls to recruit underage girls. (Upon information and belief, the young girl who brought Jane Doe to Epstein was herself a minor victim of Epstein, and will therefore not be named in this Complaint). Under Epstein's plan, underage girls were recruited ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. The recruiter would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf would direct the recruiter to bring one or more underage girls to the residence. The recruiter, upon information and belief, generally sought out economically disadvantaged underage girls from western Palm Beach HERMAN 6i MERMELSTEIN, P. A. www.hermanlaw.com - 2 - EFTA00175712
:Case 9:08-cv-80119-KAM Document 1 Entered on . ..SD Dv,..Ket I/Leo/2008 Page 3 of 6 County who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility if allegations of improper conduct were made. This was an important element of Epstein's plan. 11. Epstein's plan and scheme reflected a particular pattern and method. Upon arrival at Epstein's mansion, the underage victim would be introduced to . Epstein's assistant, who gathered the girl's personal information, including her name and telephone number. Ms. would then bring the girl up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. There were photographs of nude women lining the stairway hall and in the bedroom. The girl would then find herself alone in the room with Epstein, who would be wearing only a towel. He would then remove his towel and lie naked on the massage table, and direct the girl to remove her clothes. Epstein would then perform one or more lewd, lascivious and sexual acts, including ma. and 12. Consistent with the foregoing plan and scheme, Jane Doe was recruited to give Epstein a massage for monetary compensation. Jane was brought to Epstein's mansion in Palm Beach. Once at the mansion, Jane was introduced to who led her up the flight of stairs to the room with the massage table. In this room, Epstein told Jane to take off her clothes and give him a massage. Jane kept her panties and bra on and complied with Epstein's instructions. Epstein wore only a towel around his waste. After a short period of time, Epstein removed the towel and rolled over exposing his"... Epstein began to masturbate and he sexually assaulted Jane. 13. After Epstein had completed the assault, Jane was then able to get dressed, leave the room and go back down the stairs. Jane was paid $200 by Epstein. The young girl who recruited Jane was paid $100 by Epstein for bringing Jane to him. HERMAN & MERMELSTEIN, P. A. - 3 - EFTA00175713
' ;Case 9:08-cv-80119-KAN. Document 1 Entered on . LSD I--ket 02,,, 12008 Page 4 of 6 • 14. As a result of this encounter with Epstein, Jane experienced confusion, shame, humiliation and embarrassment, and has suffered severe psychological and emotional injuries. COUNT I Sexual Assault 15. PlaintiffJane Doe repeats and rcalleges paragraphs I through 14 above. 16. Epstein tortiously assaulted Jane Doe sexually. Epstein's acts were intentional, unlawful, offensive and harmful. 17. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously. 18. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane. 19. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe No. 2 demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. COUNT II Intentional Infliction of Emotional Distress 20. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 21. Epstein's conduct was intentional or reckless. 22. Epstein's conduct was outrageous, going beyond all bounds of decency. 23. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had HERMAN & MERMELSTEIN, P. A. - 4 - EFTA00175714
:Case 9:08-cv-80119-KAM Document 1 Entered on . _SD 021...,/2008 Page 5 of 6 reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe. 24. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe, has suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiff Jane Doe No. 2 demands judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper. JURY TRIAL DEMAND Plaintiffs demand a jury trial in this action. Dated: February ST2008 HERMAN & MERMELSTEIN, P. A. - 5 - Respectfully submitted, HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: Fax: By: Jeffrey M. Herman lion aBar No. 5216 Stuart S. Mermelstein Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 EFTA00175715
Case 9:08-cv-80119-KAN. DocunSentig- uCtififitakih., .!'SD -Ket 02/.6/2008 Page 6 of 6 The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing, and service of pleading or other papers as required by law, except as provided by local rules of court. This form: approved by the Judicial Conference of the Untied States In September 1974, Is required for the use of the Clerk of the Court for the purpose of Initiating the dull docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 1(a) PLAINTIFFS JANE DOE NO. 2, (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF OUT OF STATE (EXCEPT IN U.S. PLAINTIFF CASES) DEFENDANTS JEFFREY EPSTEIN COUNTY OF RESIDENCE OF FIRST USTED DEFENDANT NEW YORK (IN U.S. PLAINTIFF CASES ONLY) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Herman PA, 18205 Biscayne Blvd., Suite 2218, Miami, FL 33180 ATTORNEYS (IF KNOWN) (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH II. BASIS OF JURISDICTION (PLACE AN X ONE BOX ONLY) O 1. U.S. Government PIadM O 2. U.S. Government Defendant ill) O 3 Federal Question (U.S. Government Not a Party) X 4. Diversity (Indicate Citizenship or Parte/ In Atom VC / let -Kein- )c r) vn- III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Case Only) Citizen of This State CO72011 02 Another Stale X 2 Citizen or Subied Of a Foreign Country O 3 PTF DEF 0 1 0 1 x2 03 PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE FOR DEFENDANT PTF DEF Incorporated of Principal Place of 0 4 CI 4 Business in This Stale Incorporated and Principal Mace of O 5 O 6 Business in Another State Foreign Nation O 8 O 6 oNiiii IV. CAUSE OF ACTION CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTI TUTES UNLESS DIVERSITY.) DIVERSITY ACTION UNDER . §1332(a) FOR SEXUAL ASSAULT IVa. j_ days estimated (for both sides) to try entire case 1. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) A CONTRACT A TORTS B FORFEITURE PENA A BANKRUPTCY A OTHER STATUS o 1 kinennei 0 1703/064. O 1301ret Ad 0 140100062444641/60/0 0 4401406442010.44)0 • 1 a criorourri el ASTRA 0 III Metes AO 0 II2Rscowerf 01 Vendel 8/024/1 Len (EV deraradl O " 4 ,40„,m o chem..* el Mann era II 0 1110064•1640/4 paw 0 10006010:0441 o isSfesvo1100410 WWI/ PERSONAL INJURY 0 310 Wane 0 342 Potoreo biwylAs2 PAIpdalte o 30 Aran neestUaliffy Ole 12046614 WO 0 4400 MN" o magma ow/ 4 lora/ Ole* AsbWesPoned04 0 330 rerenr EnOthiciUalry *Rh Reed/ V044/4 0 SO /ARM 0 345 MARI Pawl Leta* PERSONAL PROPERTY 0 MIAS WOOD 034011/14, Yorldw 60262 UAW 0 370 Car Anal X MO Ober Perierenew 0 371 TAM Otweg 0 p110 Oltsr Punennel Proper Oanted 0 3416 PlowbOarai• lotaAcl UMW 0610 AerbAure ONO Celt Nod &Pup 0021 Ova Rats seer* Pearty 21 002 sewn UK LSI 0423 Wedded 70 VAC iv 400 $614/4104301114wA 410 NNW 430 04.4 flows ASO Ceined000Rsioad 13 440 reunite 00 Raeurensuinew se Casa 0/046010. 010 kWh SsrAce 1130 540.4644/044wroe60 FaNtee In Cakes CA0Nya ItUBC-1410 01 Aertulan04714 HQ Wawa* 544benced Ad NO wornness wen NA 04 Wedgy Aleeden Ad nese or 'Annan Ad ern went nu ceemouies 1.02116.01 Atom ID Jona 0 NO Cowabibidryel Had OMAN 0 KO OR401414.40/2.404ne • Awl Dedaddy AM ad RAY larders Id Olarnallee 44 USW Nil 0 00 Lem. las 0 040 RR X MAX CI MO Atird14404 ONO Oca6/0041 14114•14400 a leo eon A PROPERTY RIGHTS a 120014100 000 Pant 0 640 latlemad B SOCIAL SECURITY 0101 WA !MST A REAL PROPERTY A CIVIL RIGHTS B PRISONER PETITIONS ...., A LABOR 0 062 Mack LAM On/ 0463 00006004022)) 0164 Teo IM 0 310 us ceniesnas 0 DO 2440:0104 6 0 Ng Realm, A OS% 0 240 TRY le LAM 0 244 TM ROOM Lay 0 n0 Al OM Red 1000/444 o risveina 0 443 641140044/ 4 0443 - o 31121034610264014 Swoonce Hated 034164 0 470466/ de 0 60 IndhIseely 0 540 sunammi Gone 0 ISSOCA4 0 WM* *A a ‘ClL4 . Nelda Stwelvds Ad OM Lad leneledell 1441064 II 0 rsa Late 1002/4•441 R40/1100 A 17144144/re Ad 0740 Rs lao/ MA OM) ORR 04013.0406 Din Imderne RR We dexely Rd • RSSD 0 M6 d 010606 A FEDERAL TAX SUITS I 0«^214O. 04400M 044110/04 0 PO toes Na.Naasemerepro OW/1 1040.0•60411.15C 71)20 F EDby Si VI. ORIGIN x 1. Original O 2. Removed from O 3. Remanded from Proceeding Slate Court Appellate Court (SpeciM O 4. Refilled O 6. Wild/561cl Ullgation O 7. Appeal to District Judge from O 5. Transferred from another district Magistrate Judgment VII. REQUESTED IN COMPLAINT CHECK IF T O CLASS ACTION DEMAND S O UNDER Fa ).1.23 O Check YE Z ihi cgatE :MAND: ONO VIII. CASE(S) I RELATED F ANY (See Instructions) (SEE JUDGE ATTACHED) DOCKET NUMBER DATE Fri r, UNITED STATES DISTRICT COURT FOR OFFICE USE ONLY: Receipt No. Amount: SW 1.2 REV. 9/94 Date Paid: MAfp: SIGNATURE OF ATTORNEY OF RECORD Fit) EFTA00175716















