DS9 Document EFTA01069471

1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-CIV-KAM JANE DOE, ) ) PETITIONER, ) -v- ) ) UNITED STATES OF AMERICA, ) ) RESPONDENT. ) West Palm Beach, Florida ) March 1, 2016 1 TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE BEFORE THE HONORABLE KENNETH A. MARRA UNITED STATES DISTRICT JUDGE Appearances: FOR THE PETITIONER -and- FOR THE RESPONDENT -and- Reporter (561)514-3768 Bradley J. ESQ. Farmer Jaffe, et al., P.L. 425 N. Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Paul G. Cassell, ESQ. , AUSA United States Attorney's Office 500 South Australian Ave Suite 400 West Palm Beach, FL 33401 , AUSA United States Attorney's Office 99 Northeast 4th Street Miami, FL 33132 Stephen W. Franklin, RMR, CRR, CPE Official Court Reporter 701 Clematis Street West Palm Beach, Florida 33401 E-mail: EFTA01069471 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Call to the order of the Court.) THE COURT: Good morning, everyone. This is the case of Doe versus United States, Case Number 08-80736-CIV-MARRA. I believe counsel have already stated their appearance for the record. So thank you for being available on short notice. And I'm sorry, Mr. Cassell, that you had to get up so early out in Utah. I didn't mean to inconvenience you. MR. CASSELL: No problem at all, Your Honor. THE COURT: So got a request from I believe the parties to have this status conference to discuss possibly sending this matter to mediation; is that correct? MS. : Yes, Your Honor. THE COURT: So did you want to give me a little more information, Ms. MS. : Sure, Your Honor. Mr. Edwards and I have been talking about trying to resolve the case. We want to involve the petitioner, Jane Doe number 1, in the mediation, in a way, you know, in a meaningful way in our discussions, and it seems that mediation was the best way to do it, preferably with a magistrate judge. There is one issue related to her whereabouts. And Mr. Edwards, why don't you address that. MR. EDWARDS: Sure. EFTA01069472 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And with a court order, she can get a furlough for a day in Tampa. The only reason that I think it's necessary that you know this is that I would--- the only way that we can make this happen is if the magistrate judge that we're sent to is in that jurisdiction, and it's over in Tampa. THE COURT: Okay. And is there any objection from the Government to doing that, going over to Tampa? MS. : No, Your Honor. We're happy to do so. THE COURT: All right. And would an order from me be adequate to have the Jane Doe number 1 released from this facility for that day, or do you need an order from the Court that confined her or sent her to this facility? MR. EDWARDS: What I understand is that if we have an order from Your Honor, we can present it to the judge over there, and the combination would serve our purpose. THE COURT: All right. And are you together working on agreeing upon a mediator from the Tampa area, or do you want me to get involved in that? MS. : Your Honor, I think that the parties believe that a magistrate judge would be better suited than a private mediator. So I don't know if you are able to request assistance from the Middle District for that purpose. EFTA01069473 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Well, I can make some inquiries. Two of my law school classmates are district judges in Tampa. So I might be able to make some inquiries to them and get some assistance from them if you don't have any -- if no one has an objection to me making those inquiries. MR. EDWARDS: No, absolutely not. I think that would be helpful. MS. : And the Government has no objection, Your Honor. THE COURT: All right. So why don't I make some inquiries in the Middle District and get maybe a few names from my contacts over there, and then I will provide them to the parties, and then you can either attempt to agree, or if you need me to make a decision, I'll appoint one. Does that sound reasonable? MR. EDWARDS: Absolutely. MS. : Absolutely, Your Honor. THE COURT: Do you know what kind of a timeframe you're thinking about in terms of trying to schedule this with someone next week, two weeks, a month from now? What is the timeframe you're looking at? MR. EDWARDS: I hoping sometime in April. March is very difficult to pull that off right now on our end. THE COURT: So it's sufficiently down the road that we -- everybody can work around a date? EFTA01069474 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. : Yes, Your Honor. I'm sure that if a date is selected in April, the parties can work out that -- the logistics. MR. EDWARDS: Yeah. MS. : And I think the only thing that we would ask from the government side is just that everything -- all of our deadlines be stayed until after the mediation takes place. MR. EDWARDS: And we're in agreement with that. THE COURT: All right. Do we need an order to that effect, or can we just leave it as a -- an agreement among the parties that doesn't need to be formalized? MR. EDWARDS: I don't think it needs to be formalized, do you, Marie? MS. : I agree with Mr. Edwards. I don't think we need an order, Your Honor. THE COURT: All right. So let me, when I have the chance -- I'm in the middle of a pretty intense trial right now, so I may not have too much time in the next few days to make some inquiries, but I will try in the next few days to make inquiries, and as soon as I get some information that I think is worth sharing with you, I'll do that. Do we want -- can we do this informally through my courtroom deputy contacting you, or one of my law clerks contacting you and giving you the names of people, rather than EFTA01069475 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 putting all this on the public record? MR. EDWARDS: Yes, whatever's most convenient for you, that's fine. MS. : Yes, that's fine with us, Judge. THE COURT: So we'll number touch as soon as I've got some additional information to share with you. All right? MR. EDWARDS: Thank you very much, Your Honor. THE COURT: So thank you for your willingness to try and resolve this, and we'll be back in touch with you soon. MS. : Thank you for taking the time for us, Your Honor. THE COURT: You're welcome. Have a good day. (Proceedings concluded.) * * * * * EFTA01069476 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 * * * * * Telephonic Status Conference 2 (None.) * * * * * EXHIBITS * * * * * CERTIFICATE I, Stephen W. Franklin, Registered Merit Reporter, and Certified Realtime Reporter, certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. Dated this 31st day of MARCH, 2016. /s/Stephen W. Franklin Stephen W. Franklin, RMR, CRR EFTA01069477