# IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CA FLORIDA HOLDINGS, LLC, Publisher of the PALM BEACH POST,

Plaintiff,

v.

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

Defendants.

CASE NO.: 19-CA-014681

# MOTION TO DISMISS C IIN
Defendant, DAVE ARONBERG, as State Attorney of Palm Reach County, Florida, by and through the undersigned counsel, hereby files this Motion to Dismiss Plaintiffs Complaint for failure to , L state a cause of action, and in support thereof states:,

# MOITON T DISMISS STANDARD
When confronted with a motion-to miss, the Court must determine whether the Complaint as phrased within its four comers suffitien es a cause of action, whereby relief can be granted. fox v, Professional Wrecker Operations "So. 2d 175, 178 (Fla. 5th DCA 2001). A motion to dismiss tests whether the plaintiff has cause of action. The test for a motion to dismiss undcr Florida Rule of Civil Procedure (b) is whether the pleader could prove any set of facts as alleged in the Complaint to support hisoi.her aim. ligagg,,683 So. 2d 1123 (Fla. 4th DCA 1996). • • Connolly v. Sebcco, Inc. 89 So. 2d 482, 484 (Fla. 1956). Wasua Ins. Co. v.

lOorder to meet this test, "a complaint must allege sufficient ultimate facts to show that a pleader is entitled to relief." W.R. Townsend Contr.. Inc. v. Jensen Civ, Constr..Ine. 70 So. 2d 297, 300 (Ha. 1st DCA 1999) (quoting v. Cosgrove. 464 So. 2d 664, 665 (Fla. 2d DCA 1985); Fla. R. Civ. P. 1.110(b)). The court need not accept internally inconsistent factual claims, conclusory allegations, unwarranted deductions, or mere legal conclusions made by a party. a (citing Emonse Oncology. Inc

Joint Exhibit J06

v. Metrahealth Insurance Co. 978 F. Supp. 1052, 1058 (S.D. Fla. 1997)). Oxford Asset Mgmt. v. Jaharis 297 F.3d 1182, 1188 (1 Ith Cir. 2002) ("[On a motion to dismiss,] the plaintiff's factual allegations are accepted as true.... However, legal conclusions masquerading as facts will not prevent dismissal."). To avoid dismissal, a pleading "must allege a cause of action recognized undcr law" against the defending party. Kislak v. Kreedian. 95 So. 2d 510.514 (Fla. 1957).

# COUNT 1 \_
(Florida Statutes Section 905.27)

Plaintiff attemptS to assert a cause of action, in the interest of "fintheringitittice", under Florida Statute § 905.27; however, a review of the statute in question reveals that no cause-of action is provided for therein and consequently Plaintiffs Complaint must be dismissed as arm'atter of law. Despite Plaintiffs extensive recitation of the factual background regarding JefferyiEpstein and the testimony and evidence presented to the 2006 grand jury in Palm Beach-Cpunty,Florida, Fla; Stat. § 905.27, merely explaing the exceptions to the disclosure of grand j leitirnony and does not set forth in any way a cause of action upon which to initiate a valid law suit

Moreover, a review of the issue clearly indicates that even if § 905.27, Fla. Stat. provided a basis for a cause of action, ? aintiWis barred from access to the records it seeks. To wit, in pertinent part, Fla. Stat. § 905.27(2) states:

When such disclosure is ordered by a court pursuant to subsection (I) for use in a civil case, it may be distlosed to all parties to the cast and to their attorneys and by the latter to their Icgatassociates 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.

tc the clear statutory guidelines for disclosure of grand jury materials in a civil case Plainti s improperly seeking the requested 2006 grand jury materials for the purposes of public disclosure pursuant to the court's inherent authority and supervisory powers over the grand jury. [See, Complaint 11 8, 62]. Again, even if Plaintiff properly asserted a cause of action under Fla. Stat, 905.27, the statute unambiguously states that grand jury testimony "can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever", which is distinctly different from Plaintiff's intended purpose for public disclosure of the grand jury evidence. ' Fla. Stat. § 905.27(21. Finally, it is significant to note that despite Plaintiffs allegations to the contrary', Defendant Aronberg is not in custody or control of the records sought and is therefore not a proper party to this action.

WHEREFORE, based on the foregoing argument and supporting authority, Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, respectfully requests that this Honorable Court grant the instant Motion and dismiss Plaintiff's Complaint with prejudice, and gfitiot.4"ndant Aronberg all other and further relief deemed just and proper, including attorney and costs for defending this frivolous action. O

C

# CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that on this 6th day of December, 2 19, a py of the foregoing has been electronically filed with the Florida E-File Portal for c-service on all, 11Es of record herein.

ACODS SCHOLZ & WYLER, LLC

? s \l , Was A. Wyler

Arthur I. Esq. Fla. Bar No.: 10249 Richard J. Scholz, Esq. Fla. Bar No.: 0021261 Douglas A. Wylcr, Esq. Fla. Bar No.: 119979 961687 Gateway Blvd., Suite 201-I Fernandina Beach, Florida 32034 (904) 261-3693 (904) 261-7879 Fax Primary: jacobsscholzlaw@comeast.net

General Counsel for the Florida Prosecuting Attorney's Association