EFTA00014187.pdf

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pdf

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Case 9:08-cv-80119-KAM 
Document 33 
Entered on FLSD Docket 08:05:2008 
Page 1 of 5 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
NO. 08-80119-CIV-MARRA/JOHNSON 
JANE DOE NO. 2, 
Plaintiff, 
v. 
JEFFREY EPSTEIN, 
Defendant. 
ORDER DENYING MOTION TO STAY 
THIS CAUSE comes before the Court on Defendant Jeffrey Epstein's Motion to Stay 
(DE 12), filed June 20, 2008. The motion is now fully briefed and is ripe for review. The Court 
has carefully considered the motion and is otherwise fully advised in the premises. 
Defendant Jeffrey Epstein ("Defendant") seeks a stay of this civil action under a federal 
statute which reads, in pertinent part, as follows: 
If, at any time that a cause of action for recovery of compensation for 
damage or injury to the person of a child exists, a criminal action is 
pending which arises out of the same occurrence and in which the child is 
the victim, the civil action shall be stayed until the end of all phases of the 
criminal action and any mention of the civil action during the criminal 
proceeding is prohibited. As used in this subsection, a criminal action is 
pending until its final adjudication in the trial court. 
18 U.S.C. § 3509 (k). In his motion, Defendant cites a state case, Florida v. Epstein, No. 2006 
1 
EFTA00014187


Case 9:08-cv-80119-KAM 
Document 33 
Entered on FLSD Docket 08/05/2008 
Page 2 of 5 
CF 09454AXX (Fla. Cir. Ct. 2008)' and a federal case, hr re Grand Jury, No. FGJ 07-103(WPB) 
(S.D. Fla.), that arise out of the same occurrences and are pending and thus require a stay of this 
civil case. The federal "case," according to Defendant, involves a "deferred-prosecution" 
agreement whereby the U.S. Attorney agreed to suspend its investigation of Defendant while 
"retaining the right to reactivate the grand jury." (DE 24.) Defendant essentially reasons, 
because the U.S. Attorney could bring criminal charges against Defendant, that a criminal action 
is "pending." The Court rejects this definition…

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