EFTA00013564

Case 9:08-cv-80119-KAM Document 23 Entered on FLSD Docket 07/17/2008 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA-JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. I FILED EX PARTE UNDER SEAL DEFENDANT'S MOTION TO FILE EX PARTE AND UNDER SEAL EFTA00013564 • Case 9:08-cv-80119-KAM Document 23 Entered on FLSD Docket 07/17/2008 Page 2 of 4 Pursuant to S.D. Fla. L.R. 5.4, defendant Jeffrey Epstein hereby moves to file his Notice of Continued Pendency of Federal Criminal Action, as well as this motion, ex pane and under seal, stating as follows: 1. In support of his motion to stay [DE 12], defendant has herewith filed a Notice of Continued Pendency of Federal Criminal Action. 2. The Notice relates to a confidential agreement between the United States Attorney's Office for the Southern District of Florida and the defendant. 3. The information contained in the Notice is material to this Court's consideration of Epstein's motion to stay. 4. To avoid disclosure of confidential material, Epstein requests leave to file the Notice, and this motion, ex parte and under seal. 5. Pending a ruling from this Court, Epstein has not served this motion or the Notice on counsel for plaintiff. 2 EFTA00013565 Case 9:08-cv-80119-KAM Document 23 Entered on FLSD Docket 07:17/2008 Page 3 of 4 WHEREFORE, defendant Jeffrey Epstein respectfully requests leave to file this motion and his Notice of Continued Pendency of Federal Criminal Action, ex parte and under seal. Respectfully submitted, LEWIS TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744 By: GUY A. LEWIS Fla. Bar No. 623740 MICHAEL R. TEIN Ha. Bar No. 993522 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691 By: JACK A. GOLDBERGER Fla. Bar No. 262013 Attorneys for Defendant Jeffrey Epstein 3 EFTA00013566 Case 9:08-cv-80119-KAM Document 23 Entered on FLSD Docket 07/17/2008 Page 4 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that this motion, in accordance with S.D. Fla. I,.R. 5.4, has not been served on opposing counsel and was filed under seal on July I0, 2008. Michael R. Tein 4 EFTA00013567