041.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 2008CF009381A
DIVISION W
STATE OF FLORIDA
vs.
JEFFREY EPSTEIN,
Defendant.
/

MOTION TO MAKE COURT RECORDS CONFIDENTIAL

Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule of Judicial Administration 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records.

A. A document referred to as "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008.
B. A document referred to as "The Addendum to the Non-Prosecution Agreement" filed under seal in the court file on August 25, 2008.

1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008.
2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009.
3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009.
4. This Court granted Non-Party [REDACTED] and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on [REDACTED] Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing.

[Page 2]
5.. The documents should remain confidential for the following reasons:
a. To prevent a serious imminent threat to the fair, impartial, and orderly administration of justice.
b. To protect a compelling government interest.
c. To avoid substantial injury to innocent third parties.
d. To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings, sought to be closed.

WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maintaining them under seal.

I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis.

[Signature]
JACK A. GOLDBERGER, ESQ.

WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009.

[Stamp: CHARLENE A. GRIFFITH Commission # DD 680359 Expires May 15, 2013 Bonded thru Troy Fain Insurance 800-385-7019]

[Signature]
Notary Public State of Florida
My Commission Expires

[Page 3]
CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail; Facsimile; Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office-West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Deanna K. Shullman, 400 North Ashley Drive, Suite 1100, P.O.Box 2602 (33601) Tampa, FL 33602, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, 515 N. Flagler Dr. Suite 400, West Palm Beach, Florida 33401. this 11 day of June, 2009.

BURMAN, CRITTON, LUTTIER & COLEMAN
515 N. Flagler Dr. Suite 400
West Palm Beach, Florida 33401
561-842-2820

ATTERBURY, GOLDBERGER &
WEISS, P.A.
250 Australian Avenue South
Suite 1400
West Palm Beach, Florida 33401
561-659-8300

[Signature]
ROBERT D. CRITTON, ESQ.
Florida Bar No. 224162

[Signature]
JACK A. GOLDBERGER, ESQ
Florida Bar No. 262013