# IN THE CIRCUIT COURT OF THE I Di tENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO: 2019CA0146/31)OOC<MB AG

CA FLORIDA HOLDINGS, LLC, Publisher of THE PALM BEACH POST,

Plaintiff

vs.

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, SHARON R. BOCK, as Clerk & Comptroller, Palm Beach County, Florida,

Defendants.

O S

\-1

# S TO FIVT IME CIED COMPLAINT DEFENDANT, SHARON R. BOCK, AS CLERK & 0 PTROLLER. PALM BEACH AND MOTIONV VHSS , COUNT H
Defendant, Sharon R. Bock, as C & C ptroller, Palm Beach County ("Clerk"), by and through the undersigned attorney swers Count I of the First Amended Complaint of Plaintiff, CA Florida Holdings, isher of The Palm Beach Post ("Post"), and files a Motion to Dismiss Count II as forq.yonop,"

S" is for jurisdictional purposes.

# JURISDICTION
# PARTIES
- Admits.
- 3. Admits.
- 4. Admits.

# INTRODUCTION
5. Paragraph 5 contains the Post's statement of the case and legal arguments to which no response is required. To the extent that a response is required, the Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 5, and therefore denies the allegations and demands strict proof thereof.

6. Paragraph 6 contains the Post's statement of the case and legal arguments which no response is required. To the extent that a response is required, the Clerk admits section o(C) 905.27(1)(c), Florida Statute authorizes the disclosure of grand jury pr • under certain circumstances.

7. Paragraph 7 contains the Palm Beach Post' ent of the case and legal arguments to which no response is required. To the exte ponse is required, the Clerk is without knowledge or information sufficient to fo i es to the truth of any factual allegations contained in paragraph 7, and therefore deniy4 a lions and demands strict proof thereof.

8. Paragraph 8 sets forth th tatement of the case and legal arguments to which no response is required. To the e at response is required, the Clerk is without knowledge or information sufficient to form belief as to the truth of any factual allegations contained in paragraph 8, and the fore I en sthe allegations and demands strict proof thereof.

9. 9 sets forth the Post's statement of the case and legal arguments to which no respon To the extent that a response is required, the Clerk is without knowledge or informatio ufficient to form a belief as to the truth of any factual allegations contained in paragraph 9, and therefore denies the allegations and demands strict proof thereof.

# FACTUAL BACKGROUND
10. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 10, and therefore denies the allegations and

# A. First Epstein Sex Crimes Investigation, Indictment, and Plea Agreement: 2005-2008.
11. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 11, and therefore denies the allegations and demands strict proof thereof.

12. The Clerk is without knowledge or information sufficient to font) to the truth of any factual allegations contained in paragraph 12, and therefore deO legations and demands strict proof thereof.

13. The Clerk is without knowledge or informatio c, 'ent to form a belief as to the 4 truth of any factual allegations contained in paragraph 13 h ore denies the allegations and demands strict proof thereof.

14. The Clerk is without know! oration sufficient to form a belief as to the truth of any factual allegations container nL graph 14, and therefore denies the allegations and demands strict proof thereof.

15. The Clerk is witlThtgXnowledge or information sufficient to form a belief as to the truth of any factual a legal s ontained in paragraph 15, and therefore denies the allegations and demands strict f.

# (1 e Chief Reiter's Letter to the State Attorney.
The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 16, and therefore denies the allegations and demands strict proof thereof.

17. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 17, and therefore denies the allegations and

# (2) The July 2006 State Grand Jury Presentation.
18. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 18, and therefore denies the allegations and demands strict proof thereof.

19. The Clerk is without knowledge or information sufficient to fo to the truth of any factual allegations contained in paragraph 19, and therefore d allegations legations and demands strict proof thereof. eO

c 20. The Clerk is without knowledge or informatio l, tent to form a belief as to the truth of any factual allegations contained in paragraph 2 fore denies the allegations and demands strict proof thereof.

21. The Clerk is without knowl or i tifp(oration sufficient to form a belief as to the truth of any factual allegations contain graph 21, and therefore denies the allegations and demands strict proof thereof.

22. The Clerk is wit truth of any factual a legat is ontained in paragraph 22, and therefore denies the allegations and demands strict ntsloflltereof. owledge or information sufficient to form a belief as to the

# (3 I's Investigation and Epstein's Non-Prosecution Agreementwith Federal uthorities.
23. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 23, and therefore denies the allegations and demands strict proof thereof.

24. The Clerk is without knowledge or information sufficient to form a belief as to the

truth of any factual allegations contained in paragraph 24, and therefore denies the allegations and demands strict proof thereof.

25. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 25, and therefore denies the allegations and demands strict proof thereof.

26. The Clerk is without knowledge or information sufficient to fo to the O truth of any factual allegations contained in paragraph 26, and therefore d i legations and demands strict proof thereof.

27. The Clerk is without knowledge or informatio V tent to form a belief as to the truth of any factual allegations contained in paragraph S2 tf, i fore denies the allegations and demands strict proof thereof.

28. The Clerk is without knowl or /Sr"i Si ation sufficient to form a belief as to the truth of any factual allegations contains ph 28, and therefore denies the allegations and demands strict proof thereof.

29. The Clerk is witlTh.dXnowledge or information sufficient to form a belief as to the truth of any factual a legat ontained in paragraph 29, and therefore denies the allegations and demands strict f.

3 lerk is without knowledge or information sufficient to form a belief as to the truth of an ctual allegations contained in paragraph 30, and therefore denies the allegations and demands strict proof thereof.

31. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 31, and therefore denies the allegations and demands strict proof thereof.

# (4) The Crime Victims' Rights Act Litigation.
32. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 32, and therefore denies the allegations and demands strict proof thereof.

33. The Clerk is without knowledge or information sufficient to form a be 'ef as to the truth of any factual allegations contained in paragraph 33, and therefore denies t a ions and demands strict proof thereof.

34. The Clerk is without knowledge or information suffic' nt to a belief as to the truth of any factual allegations contained in paragraph 34, and re denies the allegations and demands strict proof thereof.

35. The Clerk is without knowledge or SH<c) n sufficient to form a belief as to the truth of any factual allegations contained in pc gra 5, and therefore denies the allegations and demands strict proof thereof.

36. The Clerk is wit a truth of any factual allegations ct4' ed in paragraph 36, and therefore denies the allegations and demands strict proof them ge or information sufficient to form a belief as to the

37. is without knowledge or information sufficient to form a belief as to the truth of a allegations contained in paragraph 37, and therefore denies the allegations and demands t proof thereof.

# B. Second Epstein Sex Crimes Investigation, Indictment, Suicide: 2019.
38. Admits.

39. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 39, and therefore denies the allegations and

40. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 40, and therefore denies the allegations and demands strict proof thereof.

41. The Clerk is without knowledge or information sufficient to form a bepef as to the truth of any factual allegations contained in paragraph 41, and therefore denies t9te allegations and ' demands strict proof thereof.

42. The Clerk is without knowledge or information suffie. nt to a belief as to the truth of any factual allegations contained in paragraph 42, anddhf pre denies the allegations and demands strict proof thereof.

43. The Clerk is without knowledge or itSinn honsufficient to form a belief as to the truth of any factual allegations contained in paragraph 43, and therefore denies the allegations and demands strict proof thereof.

44. Admits

# C. The August 27, 2019, SDNY Hearing: Enstein's Victims Sneak.
45. The Clerk i Cvi out knowledge or information sufficient to form a belief as to the truth of any fa I a gations contained in paragraph 45, and therefore denies the allegations and dema roof thereof.

Admits that United States Senior Judge Richard M. Berman ordered a hearing on August 27, 2019, but the Clerk is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 46, and therefore denies the allegations and demands strict proof thereof.

47. The Clerk is without knowledge or information sufficient to form a belief as to the

truth of any factual allegations contained in paragraph 47, and therefore denies the allegations and demands strict proof thereof.

48. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 48, and therefore denies the allegations and demands strict proof thereof.

49. The Clerk is without knowledge or information sufficient to form aTT s to the truth of any factual allegations contained in paragraph 49, and therefore de cies h...,th e allegations and demands strict proof thereof. C

V 50. The Clerk is without knowledge or informatio ient to form a belief as to the truth of any factual allegations paragraph 50, and therefo rot t allegations and demands strict proof thereof.

51. The Clerk is without know! or \fpi \ nation sufficient to form a belief as to the truth of any factual allegations contain graph 51, and therefore denies the allegations and demands strict proof thereof.

# D. The Palm Beach Post's dine and the Public Interest.
- (1) The Palm c i' Post Has Reported Extensively On Epstein's Crimes For Nearly 15 rs. ?
- 52. dmits.

54. Admits that the Post has extensively investigated and reported on the allegations against, the law enforcement investigation of, and the crimes committed by Epstein, but lacks sufficient knowledge to admit or deny any factual allegations remaining in paragraph 54, and therefore denies the allegations and demands strict proof thereof.

55. The Clerk is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 55, and therefore denies the allegations and demands strict proof thereof

# (2) The Palm Beach Post's Standing and the Public interest.
56. Paragraph 56 of the First Amended Complaint contains the Palm Beach Post's that a to criminal statement of the case and legal arguments to which no response is required. T A response is required, the Clerk admits the press has a constitutional ri proceedings, but is without knowledge or information sufficient to fo a f as to the truth of any remaining factual allegations contained in paragraph 56, an ore denies the allegations and demands strict proof thereof.

57. Paragraph 57 sets forth the Post's s e case and legal arguments to which no response is required. To the extent that a r uired, the Clerk is without knowledge or information sufficient to form a bet' e truth of any factual allegations contained in paragraph 57, and therefore deni tions and demands strict proof thereof.

58. Paragraph 58 set the Post's statement of the case and legal arguments to which no response is requ Ti extent that a response is required, the Clerk is without knowledge or information s ie form a belief as to the truth of any factual allegations contained in paragraph erefore denies the allegations and demands strict proof thereof

59. Paragraph 59 of the First Amended Complaint contains the Palm Beach Post's statement of the case and legal arguments to which no response is required. To the extent that a response is required, the Clerk admits that Fla. Stat. 905.27 allows a court to make the determination of disclosure but is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 59, and therefore denies the allegations and

# E. The Court's Jurisdiction and Authority.
- (1) The Court's Supervision of the Grand Jury Process and Its Authority to Order Public Disclosure of the Epstein Evidence.

60. Paragraph 60 of the First Amended Complaint contains the Palm Beach Post's statement of the case and legal arguments to which no response is required. To t e tent that a response is required, the Clerk admits the press has a constitutional right o ss to criminal proceedings, but is without knowledge or information sufficient to fo 11 i as to the truth of any remaining factual allegations contained in paragraph 56, and theref ies the allegations and demands strict proof thereof.

- 61. Admits.

- 62. Admits.

63. Paragraph 63 sets forth the 's1 Cement of the case and legal arguments to which no response is required. To the exte t ponse is required, the Clerk is without knowledge or information sufficient to form as to the truth of any factual allegations contained in paragraph 63, and theref nies the allegations and demands strict proof thereof.

64. Pa raph of the First Amended Complaint contains the Palm Beach Post's statement of e and legal arguments to which no response is required. To the extent that a respo red, the Clerk is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 64, and therefore denies the allegations and demands strict proof thereof.

- (2) The Court's Jurisdiction To Declare Rights And Construe Statutes.

- 65. Admits.

- 66. Admits.
- 67. Admits

# COUNT I
(Declaratory Relief - Florida Stat. Sections 86.011 et seq.)

68. The Clerk & Comptroller reincorporates and re-alleges its prior answer to paragraphs 1 through 67 above.

- 69. Admits.

70. Paragraph 70 contains the Post's statement of the case Ord Ieg Crguments to which no response is required. To the extent that a response is requirr lerk is without knowledge or information sufficient to form a belief as to the truth y ctual allegations contained in paragraph 70, and therefore denies the allegations ds strict proof thereof.

71. Admits that The Palm Beach ng a declaration from this Court but denies the remainder of Paragraph 71.

- 72. Admits.
- 73. Denies.

74. Para ph tains the Post's legal arguments to which no response is required. To the extent t r nse is required, the Clerk is without knowledge or information sufficient to form a bel e truth of any factual allegations contained in paragraph 74, and therefore denies the allegat s and demands strict proof thereof.

# MOTION TO DISMISS COUNT II
(Florida Stat. Section 905.27)

DEFENDANT, Sharon R. Bock, as Clerk & Comptroller, Palm Beach County, pursuant to the Florida Rules of Civil Procedure 1.420, hereby files this Motion to Dismiss Count II of the First

Amended Complaint of Plaintiff, CA Florida Holdings, LLC, Publisher of The Palm Beach Post, and as grounds states as follows:

# I. Argument and Standard of Review
# a. Plaintiff Fails to State a Cause of Action
To state a cause of action, a complaint must allege sufficient ultimate facts to s ow that the pleader is entitled to relief. Florida Rules of Civil Procedure I.1 10(b) requires " s nd plain statement of the ultimate facts showing that the pleader is entitled to relief.' wing an order granting a motion to dismiss for failure to state a cause of action, the ourt st accept as true all i well-pled allegations in a complaint, and it must draw all rIc le inferences in favor of the pleader.

> Whether a complaint is sufficient to W.R. Townsend Contracting, In 2d 297, 299, (Fla. 1st DCA 1 dismiss, the trial court is co the Complaint, must ac to what the true fac trial of the cause. 2001); DCA 2002). se of action is an issue of law. Civil Construction, Inc., 728 So. n a trial court rules on a motion to he allegations within the four comers of legations as true, and may not speculate as r what facts may ultimately be proved in the m v. Holder, 787 So. 2d 939, 941 (Fla. 2d DCA pion Cent. Life Ins. Co., 809 So. 2d 13 (Fla. 3d

The purpose f a m li to to dismiss is to determine whether the plaintiff has alleged a viable cause of actio ns v. Buckeye Cellulose Corp., 285 So. 2d 7, 10 (Fla. 1973). In fact, "[d]espite ntal proposition that on a motion to dismiss for failure to state a cause of action all allegan are taken as true, [a] court will not `by inference on inference or speculations supply essential averments that are lacking." v. E & A Produce Corp., 708 So. 2d 997, 1000 (Fla. 3d DCA 1998); see also Conley v. Shuns & Bowen, P.A., 616 So. 2d 523, 524-25 (Fla. 3d DCA 1993).

Taking the facts alleged therein and exhibits attached to the Complaint, Plaintiff failed to

state a cause of action against the Clerk, and therefore, Count II should be dismissed because under no set of facts can the Plaintiff state a cause of action for which relief can be granted.

Admittedly, Fla. Stat. § 905.27, sets forth possible exceptions to the disclosure of grand jury testimony, however Plaintiff is barred by the clear language of the statute from access to the records it seeks for the purposes it has set forth as Fla. Stat. § 905.27(2) states:

When such disclosure is ordered by a court pursuant to subsection (I) civil case, it may be disclosed to all parties to the case and to their attortM and by the latter to their legal associates and employees. However, the wan jury testimony afforded such persons by the court can only be used in the defen osecution of the civil or criminal case and for no other purpose whatsoeve

Here, despite the clear statutory guidelines for disclos case, Plaintiff is improperly seeking the requested 2006 outside the statutory limitations pursuant to the co over the grand jury. The statute unambiguo the defense or prosecution of the civil o is distinctly different from Plai evidence. Fla. Stat. § 905.27(2). nd jury materials in a civil materials for purposes clearly nt authority and supervisory powers at grand jury testimony "can only be used in case and for no other purpose whatsoever", which ded purpose for public disclosure of the grand jury

Here, t in sectio pursuant t sole involvement in this action is as the custodian of the record as set forth orida Statute. This duty includes keeping grand jury records confidential tion 905.27, Florida Statute. The Clerk must follow strict statutory guidelines to maintain the record's confidentiality. Further emphasizing the statutory intent of confidentiality, section 905.27, Florida Statute imposes criminal penalties for improper disclosure of grand jury proceedings or identity of persons.

# CONCLUSION
Ultimately, plaintiff's Complaint is an extensive recitation of the factual background

regarding Jeffery Epstein and the testimony and evidence presented to the 2006 grand jury in Palm Beach County, Florida. However, that recitation fails to state a cause of action for which the requested relief can be granted.

WHEREFORE, based on the foregoing argument and supporting authority, Defendant, Sharon R. Bock, as Clerk &Comptroller, Palm Beach County respectfully prays for the C urt to grant this Motion to Dismiss Count II of Plaintiff's First Amended Complaint with 444 u provide direction to the Clerk as needed, and grant such other and further relief as thOse ms proper.

# CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the forego been emailed in compliance with the Florida Rules of Judicial Administration 2.516, 4th day of January, 2020, to: Stephen A. Mendelsohn, Esq., Greenberg Traurig, own Center Circle, Suite 400, Boca Raton, FL 33486, email: mendelsohns@gtla Douglas A. Wyler, Esq., 961687 Gateway Blvd., Suite 201-1, Fernandina Beach, email: jacobsscholzlaw@comcast.net.

> O ton C. Peterson, General Counsel Sharon R. Bock, Clerk & Comptroller ost Office Box 229 West Palm Beach, FL 33402 Telephone: (561) 355-2983 E-service: Clerk E-service@mpalmbeachclerk.com

BY: s/Hampton C. Peterson Florida Bar No. 331384