Case 9:08-cv-80736-KAM Document 130 Entered on FLSD Docket 12/05/2011 Page 1 of 3

Case 9:08-cv-80736-KAM Document 130 Entered on FLSD Docket 12/05/2011 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 v. UNITED STATES JANE DOE #1 AND JANE DOE #2'S PROTECTIVE MOTION TO COMPEL COME NOW Jane Doe #1 and Jane Doe #2 (also referred to as "the victims"), by and through undersigned counsel, to file this protective motion to compel. For the reasons explain in the victims' Response to the Government's Motion to Stay Discovery, the victims move this Court to order the Government to comply with their discovery requests. In particular, after the Court denies the Government's motion to dismiss, the Court should then order the Government to produce within 14 days: (1) The Government's initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1); I (2) Answers to all of the victims' requests for admission; (3) All documents, correspondence, and other information that the Government distributed to persons or entities outside of the federal Government or received from persons or entities outside of the federal government:2 and The victims made their initial disclosures to the Government more than seven months ago. 2 The Government cannot plausible raise any kind of "privilege" argument to non- confidential materials shared with persons or entities outside of the federal government. 1 EFTA00304734 Case 9:08-cv-80736-KAM Document 130 Entered on FLSD Docket 12/05/2011 Page 2 of 3 (4) All documents, correspondence, and other information covered by the victims' discovery request that is not subject to a claim of privilege. The Court should also direct that, with respect to all documents, correspondence, and other information for which the Government is asserting privilege, within those 14 days the Government should provide a "privilege log" consistent with Local Rule 26.1(g), including a description each document that is consistent with Local Rule 26.1(g)(3)(B). The privilege log should include the type of document, general subject matter of the document, date of the document, and author and addressee of the document or correspondence. CONCLUSION The Court should enter an order compelling the Government to comply with to comply with the victims' discovery requests within 14 days. DATED: December 5, 2011 Respectfully Submitted, s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephone (954) 524-2820 Facsimile (954) 524-2822 Florida Bar No.: 542075 E-mail: [email protected] and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the 2 EFTA00304735 Case 9:08-cv-80736-KAM Document 130 Entered on FLSD Docket 12/05/2011 Page 3 of 3 University of Utah 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: 801-585-5202 Facsimile: 801-585-6833 E-Mail: [email protected] Attorneys for Jane Doe #1 and Jane Doe #2 CERTIFICATE OF SERVICE The foregoing document was served on December 5, 2011, on the following using the Court's CM/ECF system: Dexter Lee A. Marie Villafaila Assistant U.S. Attorneys 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Fax: (561) 820-8777 E-mail: [email protected] E-mail: [email protected] Attorneys for the Government Roy Black, Esq. Jackie Perczek, Esq. Black, Srebnick, Kornspan & Stumpf, P.A. 201 South Biscayne Boulevard Suite 1300 Miami, FL 33131 (305) 37106421 (305) 358-2006 Martin G. Weinberg, P.C. 20 Park Plaza Suite 1000 Boston, MA 02116 (617) 227-3700 (617) 338-9538 3 EFTA00304736