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Correspondence · June 8, 2020

Fees demand letter in suit over 2006 Epstein grand jury records, June 2020

Document EFTA 02735198

Subject: SERVICEOFC OURTDOCUMEN T; CASE NO. 2019-CA-014681; CA FLORIDA HOLDINGS, LLC V. DAVE ARONBERG ET AL. Date: Monday, June 8, 2020 at 3:58:58 PM Eastern Daylight Time From: DouglasW yler To: smendelsohns@gtlaw.corni, smithl@gtlaw.com, flservice@gtlaw.com, BoyajianN@gtlaw.com, riveraal@gtlaw.com, GRYGIELM@gtlaw.com Attachments: 2020-06-08Ar onberg57.105DemandandMotionf orA ttorneys’ Fees.pdf

Pleaseseea ttached and below in this matter.

Court:CircuitCourtoftheFift eenthludicialCir cuit,inandf orP almBeac.htininTty,
CasiN o:CaseN o.2020-CA -014681
Plaintiff:CAFloridaHoldings, LL C
Defendant:Dave L) I Aronberg C
Defendant, Dave Aronberg’s Motio awe Fees

Sincerely,

aE Wyler, Esq. Scholz & Wyler, LLC 961687 Gateway Blvd., STE 201-I Fernandina Beach, FL 32034 904-261-3693 904-261-7879 (fax) doug lerfacomcast.net

Pleasebeadvisedtha tthise-mailandan yfilestr ansmittedwithitar ec onfidential attorney-client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited.

Party JOINT

Dear Mr. Mendelsohn:

SCHOLZ BC WYLER, LLC.

THE LAW orricrs OF & ASSOCIATES. PA. ARTHUR I

A UMITED UAGIUTY COMPANY OF PROFESSIONAL ASSOCIATIONS

ATTORNEYS AT LAW

GATEWAY TO AMELIA

961647 GATEWAY BLVD.. SUITE 201-I

FERNANDINA BEACH, FLORIDA 32034

TELEPHONE (904) 261.3693.

FAX NO. 1904) 261-7479

June 8, 2020

VIA ELECTRONIC & U.S. MAIL

Stephen A. Mendelsohn, Esq. Greenburg Traurig, P.A. 5100 Town Center Circle, Suite 400 Boca Raton, FL 33486

RE: CA Florida Holdings, LLC v. Dave Aronberg et al. Palm Beach County, Case No.: 2019-CA-014681

S C) As you are aware our firm represents the intere Aronberg, as State Attorney of Palm Beach County, Florida, in the above referenced ma Th purpose of this letter is to demand the voluntary dismissal of your First Amended Complaint, `Complaint”), dated January 17, 2020. This demand is made pursuant to section 57.105, Flo4ttatu s.

RICHARD J. SCHOL t. PA. RICHARD J. SEHOL2

DOUGLAS A. WYLER. P.A. DOUGLASA. WYLER

As you know. Section 57.-I% dtoyiaes:

  • (I) Upon the court’s ‘nitiative or motion of any party, the court shall award a reasonable attome ee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any into before trial: a Was not supported by the material facts necessary to establish the claim or defense; or
    • b. Would not be supported by the application of then-existing law to those material facts.

Today, Judge Marx granted, with prejudice, Defendant Aronberg’s Motion to Dismiss Count II of the Plaintiff’s Complaint. Pursuant to the Court’s ruling, the Plaintiff’s only remaining cause of action consists of Count 1, for Declaratory Relief. Accordingly, we believe that the Complaint filed herein and its sole remaining Count for Declaratory Relief is not supported by the material facti necessary to establish the claims asserted, and that your claims are not supported by the application of current law to said material facts.

First and foremost, the Complaint is not supported by the material facts necessary to establish the claims asserted because neither Defendant Aronberg, nor The Office of the State Attorney for the Fifteenth Judicial Circuit is in custody or control of the 2006 grand jury materials sought therein. Simply put, the declaratory relief sought by the Plaintiff, seeks records from my client that are impossible for him or his office to produce. Accordingly, Defendant Aronberg is not a proper party to this action because no matter what, he and his office do not have possession, custody, or control of the requested materials.

In addition to the foregoing material facts that negate the claims asserted in the Complaint, your claims are also not supported by the application of current law. Specifically, your action for declaratory relief fails based on the clear, unambiguous statutory language found in Section 905.27(2), Florida Statutes, which states:

When such disclosure is ordered by a court pursuant to subsection (1) for use in a civil case, it may be disclosed to all parties to the case and to their attorneys and by the latter to their legal associates and employees. However, the grand jury testimony afforded such persons by the court can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever.

Moreover, even if the Plaintiff were to prevail in the declaratory action, Mr. Aronberg would be unable to comply with any court order granting disclosure of the requested documents because neither Mr. Aronberg nor The Office of the State Attorney for the Fifteenth Judicial Circuit have possession, custody, or control of the 2006 Epstein grand jury records.

Based on the foregoing, if the Complaint is not dismissed within 21 days of the service of this letter, the enclosed Motion for Attorney’s Fees will be filed and we will seek as sanctions, from your client and your firm, recovery of the legal expenses incurred in defending this frivolous action.

Please govern yourself accordingly,

Douglas A. Wyler, Esq. For the Firm

Encl.: Defendant’s Motion for Attorneys’ Fees

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT .P AND FOR PALM BEACH COUNTY, FLORIDA

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

Plaintiff,

v. •

DAVE 401413ERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beath County, Florida.

Defendants.

CASE NO.: 19- Ask -014681 An.

O J

DEFENDANT, DAVE ARONBERG’S M ATTORNEYS’ FEES

7 ft Defendant, DAVE ARONBERO, as St eof Palm Beach County, Florida, by and through the undersigned attorneys, move pursuant to Florida Statutes, Section 57.105, to award him reasonable attorneys’ e defense of Plaintiff’s First Amended Complaint, . (the “Complaint”), and as gro {sup}ar, would show that on Junel, 2020, Plaintiff was served {sup}acopy of. this Motion, toge h aletter from the undersigned attorney, in accordance with subsection (4) of the {sup}ap tatute, dernanding dismissal of the Complaint, at least 21 clays prior to the filing of thicviotion. In said letter, Defendant’s attorney advised Plaintiff of the facts which establi t thri Complaint is without support of the facts or the law.

REFORE Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, respectfully requests the Court enter an Order requiring Plaintiff and Plaintiff’s attorneys to pay said Defendant’s attorneys’ fees incurred herein after service of this Motion.

CERTIFICATE OF SERVICE

I hereby certify that on this day , 2020, the foregoing was electronically filed via the Florida E-File Portal for electronic service on the parties of record herein.

SCHOLZ & WYLER, LLC

/s/ Douglas A. Wyler

Arthur I. Esquire ""•••%,

Fla. Bar No.: 108249

Richard J. Scholz, Esq

Douglas A. Wyler, EZiMlr)

Fla. Bar No.: 0021211

Fla. Bar No.: 119979

961687 Gateway Blvd., Suite 201-I

Fernandipa Beach, Florida 32034

(904) 261-3693

1-7879

‘Izlaw@comcast.net

Horneys for Defendant

c’s)

Fees demand letter in suit over 2006 Epstein grand jury records, June 2020

Emails and letters

Court Records: CA Florida Holdings v. Aronberg (Fla. 15th Cir. Ct. 50-2019-CA-014681) · June 8, 2020

Document EFTA 02735198 Subject: SERVICEOFC OURTDOCUMEN T; CASE NO. 2019-CA-014681; CA FLORIDA HOLDINGS, LLC V. DAVE ARONBERG ET AL. Date: Monday, June 8, 2020 at 3:58:58 PM Eastern Daylight Time From: DouglasW yler To: smendelsohns@gtlaw.corni, smithl@gtlaw.com, flservice@gtlaw.com, BoyajianN@gtlaw.com, riveraal@gtlaw.com, GRYGIELM@gtlaw.com Attachments: 2020-06-08Ar onberg57.105DemandandMotionf orA ttorneys' Fees.pdf Pleaseseea ttached and below in this matter. | Court: | CircuitCourtoftheFift eenthludicialCir cuit,inandf orP almBeac.htininTty, | | ------------ | -----------------------------…