EFTA00233329

- Not an Official Document 
Page 10 of II 
Docket Text: 
ILLOR ATTY'S FEES AND COSTS. FILED BY D. SHULLMAN, PA 
131 
CEF - COURT EVENT FORM 
Filing Date: 
26-JUN-2009 
Filing Party: 
EPSTEIN, JEFFREY E 
Disposition Amount: 
Docket Text: 
none. 
32 
J ORD - ORDER 
Filing Date: 
26-JUN-2009 
Filing Party: 
EPSTEIN, JEFFREY E 
Disposition Amount: 
Docket Text: 
(JUDGE COLBATH) THAT THE MOTIONS TO SEAL THE COURT 
RECORDS ARE DENIED. THE MOTIONS TO INTERVENE ARE 
GRANTED. THE MOTION TO UNSEAL THE DOCUMENTS IS 
GRANTED. 
23 
Filing Date: 
...
...._. 
29-JUN-2009 
Filing Party: 
EPSTEIN, JEFFREY E 
Disposition Amount: 
Docket Text: 
MOTION TO STAY AND SUPPORTING MEMORANDUM OF LAW. 
FILED BY S. KUVIN, ESQ 
24 
ODMO - ORDER DENYING MOTION 
Filing Date: 
29-JUN-2009 
Filing Party: 
EPSTEIN, JEFFREY E 
Disposition Amount: 
Docket Text: 
(COLBATH) TO STAY DISCLOSURE AGREEMENT 
26 
PROC - 
TRANSCRIPT 
CRT REPORTER 
OF 
Filing Date: 
01-JUL-2009 
Filing Party: 
EPSTEIN, JEFFREY E 
Disposition Am_ ount: 
I 
PROCEEDINGS BEFORE THE COURT, 
27 
PROC - 
TRANSCRIPT 
CRT REPORTER 
OF 
IFiling Date: 
01-JUL-2009 
Filing Party: 
EPSTEIN, JEFFREY E 
http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_reportTh... 8/4/2009 
EFTA00233649

- Not an Official Document 
Page 11 of I I 
Disposition Amount: 
Docket Text: 
PROCEEDINGS BEFORE THE COURT 
22 
ORD - ORDER 
Filing Date: 
02-JUL-2009 
Filing Party: 
EPSTEIN, JEFFREY E 
Disposition Amount: 
Docket Text: 
THAT THE MOTION TO FILE UNDER SEAL IS GRANTED. 
ORDERED FURTHER THAT THIS COURT GRANTS THE MOTION 
TO USE ONE APPENDIX TO SUPPORT THE EMERGENCY 
PETITION FOR WRIT OF CERTIORARI AND EMERGENCEY 
MOTION TO REVIEW DENIAL OF STAY. ORDERED FURTHER 
THAT THIS COURT GRANTS PETITIONERS EMERGENCEY 
MOTION TO REVIEW THE ORDER JUNE 26, 2009, THAT DENIES 
THE MOTION FOR STAY. THE JUNE 25, 2009 ORDER GRANTING 
THE MOTION TO UNSEAL IS STAYED PENDING FURTHER 
ORDER OF THE COURT. ORDERED FURTHER THAT WITHIN 
TEN (10) DAYS OF THIS ORDER RESPONDENT SHALL SHOW 
CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. 
RESPONDENT SHALL ADDRESS THIS COURTS JURISDICTION 
TO REVIEW THE ORDER AS WELL AS THE MERITS OF THE 
PETITION. ORDERED FURTHER THAT PETITIONER MAY HAVE 
TEN (10) DAYS THEREAFTER TO REPLY. 
28 
I MOT - MOTION 
Filing Date: 
06-JUL-2009 
Filing Party: 
EPSTEIN, JEFFREY E 
Disposition Amount: 
Docket Text: 
NONPARTY E.W.'S MOTION FOR ATTORNEYS FEES AND 
COSTS FILED BY W. BERGER 
29 
RESP - RESPONSE TO: 
Filing Date: 
06-JUL-2009 
Filing Party: 
Disposition Amount: 
Docket Text: 
EPSTEIN, JEFFREY E 
(NTERVENER'S) MOTION TO STAY AND SUPPORTING 
MEMORANDUM OF LAW. FILED BY S. KUVIN, ESQ 
30 
EXLT - EXHIBIT LIST 
Filing Date: 
08-JUL-2009 
Filing Party: 
EPSTEIN, JEFFREY E 
Disposition Amount: 
Docket Text: 
none. 
http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?b... 8/4/2009 
EFTA00233650

07/20/2009 15:22 FAX 5618059846 
USAO WPB CONFRX 
07-20-'09 14:21 FROM-THOMAS & LOCICERO 
8139843070 
T-113 P002/00Yjr-13Y 
IN THE DISTRICT COURT OF APPEAL 
FOURTH DISTRICT OF FLORIDA 
CASE NO. 41)09-2554 
JEFFREY EPSTEIN, 
Petitioner, 
VS. 
STATE OF FLORIDA, PALM BEACH NEWSPAPERS, INC., 
E.W., and B.B., 
Respondents. 
Pending in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, 
Case Nos. 2006 CF 9454AMB, 2008 CF 9381AMB 
PALM BEACH NEWSPAPERS, INC. d/b/a THE PALM BEACH POSTS 
MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS 
THOMAS, LoCICERO & BRALOW PL 
Deanna K. Shullman 
James B. Lake 
101 N.E. 3rd Avenue, Suite 1500 
Ft. Lauderdale, Florida 33301 
EFTA00233651

07/24/2009 15:22 FAX 5018059840 
USA0 WPB CONFRM 
07-20-'09 14:22 FROM-THOMAS & LOCICERO 
8139843070 
004 
1-113 P003/00E-937 
RESPONDENT PALM BEACH POST'S 
MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS 
Pursuant to Florida Rules of Appellate Procedure 9.400 and 9.410 and 
Administrative Order Number 2.303 of the Fifteenth Judicial Circuit of Florida, 
Respondent Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post (the "Post) 
moves this Court for an award of attorneys' fees and costs in connection with this 
review proceeding. In support thereof, the Post states: 
1. 
The Post is a daily newspaper that has covered this matter and related 
proceedings. In an effort to inform its readers concerning these matters, the Post 
relies upon (among other things) law enforcement records and judicial records. 
2. 
On June 10, 2009, the trial court granted the Post's Motion to 
Intervene in this action for the purpose of seeking access to court records. 
Specifically, the Post sought access to a non-prosecution agreement that was 
docketed on July 2, 2008, and an addendum docketed on August 25, 2008. 
3. 
On June 25, 2009, the trial court heard oral argument on the Post's 
(and other non-parties') motions. The Court found that the documents had not 
properly been sealed in the first instance and further denied Petitioner Jeffrey 
Epstein's Motion to Make Court Records Confidential dated June 11, 2009. 
2 
EFTA00233652

07/20/Z009 15:23 FAX 5618059846 
USA0 WPB CONFRM 
07-20-'09 14:22 FROM-THOMAS & LOCICERO 
8139843070 
T-113 P024/001 005 
F-93/ 
4. 
The Post is entitled to its fees and costs in this matter pursuant to 
Administrative Order Number 2.303 of the Fifteenth Judicial Circuit of Florida.' 
Specifically, that order allows sanctions to be imposed against the moving party "if 
a motion to seal is not made in good faith and is not supported by a sound legal and 
factual basis." Admin. Or. 15th Jud. Or. Fla. 2.303. 
5. 
The Post also is entitled to fees and costs in this matter pursuant to 
Florida Rule of Judicial Administration 9.410, which gives appellate courts 
discretion to impose sanctions if an appeal "presents no justiciable question and is 
so devoid of merit on the face of the record that there is little prospect it will ever 
succeed." t.gs, Visoly I  Sec. Pac. Cred. Cow., 768 So. 2d 482, 490-91 (Fla. 3d 
1DCA 2000) (citing Fla. R. App. P. 9.410). Frivolous appeals include those in 
which a case is found: 
a. 
to be completely without merit in law and not supported by a 
reasonable argument for an extension, modification or reversal 
of existing law; 
b. 
to be contradicted by overwhelming evidence; 
c. 
as having been undertaken primarily to delay or prolong the 
resolution of the litigation, or to harass or maliciously injure 
another; or 
d. 
as asserting material factual statements that are false. 
Id, at 491. 
A copy of Administrative Order 2.303 is attached at Tab 2 to the Post's 
Supplemental Appendix, which was filed with its response brief. 
3 
EFTA00233653

07/20/2009 15:23 FAX 5816059646 
USAO WPB CONFRM 
01-20-'09 14:22 FROIM-THOMAS & LOCICERO 
8139843070 
litooe 
T-113 P005/007 E-9ji 
6. 
In this case, Mr. Epstein's certiorari petition — like his initial filing of 
these documents under seal and his June 11, 2009 Motion to Make Court Records 
Confidential — was neither made in good faith nor supported by a sound legal and 
factual basis. The certiorari petition asserted three interests that ostensibly would 
be protected by closure but cited no record evidence in support of that assertion. 
Indeed, both in his motion below and at the hearing on the motion, Epstein made 
no gelatine effort to demonstrate by evidence how and why any material interests 
would be served by closure. Instead, Epstein's arguments addressed extraneous, 
inapplicable issues that did not support closure and demonstrated his lack of good 
faith in bringing his motion. Moreover, Epstein's assertion that the trial court's 
orders contradicted and were preempted by federal court rulings was simply false. 
Epstein likewise failed to substantiate his arguments in this proceeding, instead 
again relying on red herrings and unsubstantiated blanket assertions to support his 
baseless claim that closure is or was proper in this case. 
7. 
Rather, it appears Epstein opposed unsealing of these records simply 
for the purpose of shielding from public view documents material to the resolution 
of criminal charges against him for soliciting children for prostitution. In other 
words, the petition to this Court was merely a ploy intended to delay the public 
access to judicial records that that the Florida Constitution and common law 
guarantee. 
4 
EFTA00233654

07/20/2009 15:23 FAX 5618059846 
USAO WPB CONFRM 
07-20-'09 14:22 FROM-THOMAS & LOCICERO 
8139843070 
T-113 P006/00 n02;37 
8. 
In sum, Epstein's arguments for restricting access to his non-
prosecution agreement and its addendum are without merit, Epstein's petition to 
this Court was likewise without support in fact or law, and the Post is entitled to an 
award of its fees and costs in defending its rights of access. 
WHEREFORE, the Post respectfully requests that this Court award to it its 
fees and costs and grant such other relief as the Court deems proper. 
Respectfully submitted, 
THOMAS, LOCICERO & BRALOW 
PL 
James B. Lake 
^^WnIns.4 
Attorneys for The Palm Beach Post 
5 
EFTA00233655

07/20/2009 15:23 FAX 5618059846 
USA° WPB CONFAB 
411008 
07-20-'09 14:22 FROM-THOMAS & LOCICERO 
0139843070 
T-113 P007/007 F-937 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that a true and correct copy of the foregoing has been 
furnished U.S. Mail to: Hon. Jeffrey Colbath, Palm Beach County Courthouse, 
205 N. Dixie Highway, Room 11F, West Palm Beach, FL 33401; and via facsimile 
and U.S. Mail to: R. Alexander Acosta, United States Attorney's Office - 
Southern District, 500 S. Australian Ave., Ste. 400, West Palm Beach, FL 33401; 
Barbara Burns, Esq., State Attorney's Office - West Palm Beach, 401 North 
Dixie Highway, West Palm Beach, FL 33401; Jack Alan Goldberger, Esq., 
Atterbury Goldberger, et al., 2 
 
kobert D. Critton, Esq., Burman, Critton, Luther & ColemanIMININ 
EM., 
T. Kuvin, Esq., Leopold-Kuvin, P.A., 
and Bradley 3. Edwards, Esq. and William J. 
Jane Kreusler-Walsh, 
; Spencer 
Berger, Esq., Rothstein Rosenfeldt Adler, 
on this 20th day of July, 2009. 
6 
EFTA00233656

07/20/2009 15:22 FAX 5618059846 
USAO WPB CONFRM 
141001 
United States Attorney's Office 
Southern District of Florida 
500 S. Australian Ave, Suite 400 
'Westitaith Beath, FL 33401-6235 
To: 
ORGAt 
FAX #:  
SUBJECT: 
FROM: 
AU/I( 
 
(561) 620-6711 
(561) 820-8777 (Fax) 
cfr
NUMBER OF PAGES, INCLUDING THIS PAGE: 
COMMENTS: 
Original document: 
 
• To follow via regular mail 
 
 To follow via Federal Express 
 
 To follow via hand delivery 
 
 Nothing to follow, FAX = original 
EFTA00233657

07/20/2009 15:22 FAX 5618059848 
USAO WEB CONFRM 
07-20-'09 14:21 FROM-THOMAS 8. LOCICERO 
8139843070 
T- 113 FIJW1/10t9246/ 
THOMAS LOCI CERO 
BRALOW 
facsimile transmittal 
To: 
Marilyn, -Judicial Assistant to Judge 
Colbath 
_R. Alexander Acosta, Esq., USAO 
PAX 
561-355-1616 
(561) 820-8777 
Barbara Burns, Esq., ASAO 
(561) 355-7351 
Jack Alan Goldberger, Esq. 
(561)835-8691 
Bradley J. Edwards, Esq. 
(954) 527-8663 
William J. Berger, Esq. 
Robert D. Critical, Esq. 
561-844-6929 
Spencer T. Kuvin, Esq. 
561-515-1401 
Jane Kreasler-Walsh, Esq. 
561-820-8762 
From: 
Deanna K. Shunt/ken, Esq. 
Date: 
07/20/09 
Re: 
State 
J. Epstein 
Pages: 
7 
J 
I Urgentn 
Please see attached . 
I For review 0 
T Please comment LI 
I Please reply 
I Please recycle El 
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that any disclosure, copying, disuibution or use of die contents of this information is prohibited. If you have rtccived this electronic transmission 
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penalty protection. please contact us and we will he harpy en strews the menet with you n more detail 
confidential 
EFTA00233658

IN THE DISTRICT COURT OF 
APPEAL OF THE STATE OF 
FLORIDA, FOURTH DISTRICT 
JEFFREY EPSTEIN, 
U 
Petitioner, 
STATE OF FLORIDA, 
Respondent. 
/ 
CASE NO. 4D09-2554 
PALM BEACH COUNTY 
L.T. CASE NO. 2008 CF 009381A 
AGREED MOTION TO FILE ONE REPLY SUPPORTING 
PETITION FOR WRIT OF CERTIORARI AND FOR THE TIME TO RUN 
FROM SERVICE OF THE LAST-FILED RESPONSE 
Petitioner, JEFFREY EPSTEIN, requests this Court's permission to file one 
reply supporting his petition for certiorari to the three separate responses filed by 
respondents and for the time to run from service of the last-filed response, for the 
following reasons: 
1. 
Mr. Epstein filed an Emergency Petition for Certiorari to review an 
order compelling disclosure of a confidential federal non-prosecution agreement 
and addendum. 
I 
EFTA00233659

2. 
On July 1, 2009, this Court ordered respondent to show cause within 
10 days why the petition should not be granted. This Court allowed Mr. Epstein 10 
days to reply. 
3. 
Three groups of respondents filed responses: (1) E.W.; (2) B.B.; and 
(3) Palm Beach Newspapers, Inc. d/b/a Palm Beach Post ("the Post"). 
Each 
respondent is represented by different counsel. The responses were served by mail 
and on different days. 
4. 
Due to the overlap of arguments in the three responses, it would 
benefit the parties and this Court if Mr. Epstein filed one reply to the three 
responses. 
Accordingly, Mr. Epstein requests permission to file one reply to the three 
responses. Mr. Epstein requests this Court to order that the reply is due 10 days 
from service of the last-filed response. 
Opposing counsel has contacted counsel for respondents (William J. Berger 
for E.W.; Diana L. Martin for B.B.; and Deanna K. Shullman for the Post), who 
have all advised they have no objection to this motion. 
2 
EFTA00233660

-Q-~.......4.11 0-4-9-' 
I HEREBY CERTIFY that a copy of the foregoing has been sent byAmail 
this  /4k/...,  day ofJuly, 2009, to: 
U.S. Attorney's Office-Southem District 
500 South Australian Avenue, Suite 400 
West Palm Beach, FL 33401 
WILLIAM J. BERGER 
ROTHSTEIN ROSENFELDT ADLER 
SPENCER T. KUVIN 
DIANA L. MARTIN 
LEOPOLD-KUVIN, P.A. 
JUDITH STEVENSON ARCO 
State Attorney's Office-West Palm Beach 
401 North Dixie Highway 
West Palm Beach, FL 33401 
DEANNA K. SHULLMAN 
HONORABLE JEFFREY COLBATH 
15th Judicial Circuit 
Palm Beach County Courthouse 
205 North Dixie Highway 
Room 11F 
West Palm Beach, FL 33401 
ROBERT D. CRITTON of 
BURMAN, CRITTON, LUTTIER & COLEMAN 
and 
JACK A. GOLDBERGER of 
ATTERBURY, GOLDBERGER & WEISS, P.A. 
and 
3 
EFTA00233661

JANE KREUSLER-WALSH and 
BARBARA J. COMPIANI of 
KREUSLER-WALSH, COMPIANI & VARGAS, P.A. 
Counsel for Petitioner 
By: 
4 
USLER-WALSH 
EFTA00233662

KREUSLER-WALSH, 
COMPIANI BC VARGAS, P.A. 
11111111111,11,111 
 111,11,1 
JEFFREY H. SLOMAN 
U.S. Attorney's Office-Southern District 
500 South Australian Avenue, Suite 400 
West Palm Beach, FL 33401 
334O:LS623S OO23 
IA111111111111 
Pt  Po
e 
Wanda's 
"....
••••ITNCY COWES 
02 1P 
0004162054 
JUL 14 2009 
MAILED FROM ZIPCODE 33401 
$ 000.440
11,11,,,,1.1”11.,1.1.11.11 
ILI 
EFTA00233663

IN THE DISTRICT COURT OF 
APPEAL OF THE STATE OF 
FLORIDA, FOURTH DISTRICT 
CASE NO: 4D09-2554 
L.T. No. 2008 CF 9381 
JEFFREY EPSTEIN, 
Petitioner, 
STATE OF FLORIDA, 
et. al, 
Respondents. 
E.W.'S MOTION TO FILE PORTION OF RESPONSE UNDER SEAL 
Respondent, E.W., moves to file under seal a portion of her response 
(dealing with this Court's lack of jurisdiction) to the petition for writ of 
certiorari, on the following grounds: 
In a portion of her response, attached hereto in the sealed envelope, 
E.W. discusses page-by-page the sealed document, the Non-Prosecution 
Agreement. Public disclosure of this portion of E.W.'s response would 
violate this Court's order staying disclosure of the NPA. 
For this reason, E.W. moves to file the attached under seal. Copies of 
the sealed portion have been served only on the attorneys for petitioner and 
the U.S. Attorney. 
EFTA00233664

The undersigned counsel spoke with Jane Kreusler-Walsh, attorney for 
petitioner, and represents that she does not oppose this motion to file under 
seal. 
I HEREBY CERTIFY that a correct copy of the foregoing has been 
served by mail this'  day of July, 2009, on the parties listed below. 
ROTHSTEIN ROSENFELDT ADLER 
Attorneys for E.W. 
WI tam J. Berger 
SERVICE LIST 
Jane Kreusler-Walsh 
Terannlar Walak rni-nninn; P, Von-Ten. 13 A. 
Deanna K. Shullman 
AAA 
A 
uite 1100 
2 
EFTA00233665

Spencer T. Kuvin 
Leopold- Kuvin, P.A. 
nnnc Tlf,  n 1r) 
na^ 
Robert D. Critton of 
Burman, Critton, Luttier & Coleman 
Jack A. Goldberger ot 
Atterburv, Goldberger. & Weiss, P.A. 
U.S. Attomey's Office-Southern District 
500 South Australian Avenue, Suite 400 
West Palm Beach, Fl 33401 
Judith Stevenson Arco 
State Attorney's Office- West Palm Beach 
Honorable Jeffrey Colbath 
Palm Beach County Courthouse 
205 North Dixie Highway 
Room 1W 
West Palm Beach. Fl 33401 
3 
EFTA00233666

IN THE DISTRICT COURT OF 
APPEAL OF THE STATE OF 
FLORIDA, FOURTH DISTRICT 
CASE NO: 4D09-2554 
L.T. No. 2008 CF 9381 
JEFFREY EPSTEIN, 
Petitioner, 
STATE OF FLORIDA, 
E.W., THE PALM BEACH POST, 
B.B, 
Respondents. 
E.W.'S RESPONSE TO PETITION FOR CERTIORARI' 
Respondent, E.W., would show this Court as follows: 
1. Introduction: 
In an unprecedented request that should shock the conscience of this 
Court, a convicted child sex offender seeks to conceal from the public the 
details of his deal with the U.S. Attorney (filed in the lower court) that led 
him to plead guilty to state charges of procuring a minor to engage in 
prostitution (a 2nd degree felony) and felony solicitation of prostitution (a 
3rd degree felony). His request would make a sham of the public's state 
E.W. has also filed herewith under seal a request to dismiss the petition for 
lack of jurisdiction. That response is filed under seal because it discusses 
page-by-page the sealed document. 
EFTA00233667

constitutional right to open government. The lower court properly denied 
this attempt. This Court, it is respectfully submitted, should deny the 
petition for certiorari and vacate the order staying disclosure of the sealed 
documents. 
E.W. is one of three respondents to the petition for writ of certiorari. 
The other two, The Palm Beach Post and B.B., are filing their own 
responses. The respondents have tried not to repeat the arguments of each 
other. 
E.W. limits her response here to arguments in the petition based on 
certain federal court rulings. E.W. incorporates by reference the other 
responses. 
The proceedings that have led to the petition for writ of certiorari 
before this Court began with E.W.'s May 12, 2009 motion below to vacate 
the Agreed Order Sealing Document entered by the trial court on July 2, 
2008 at the plea and sentencing hearing in the state court criminal 
proceedings against petitioner. The Agreed Order authorized the filing 
under seal of the Non-Prosecution Agreement ("NPA") between petitioner 
and the United States. E.W. also moved to unseal an Addendum to the NPA 
that was sealed on August 23, 2008 without any hearing or court order 
whatsoever. 
2 
EFTA00233668