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Case 9:08-cv-80804-KAM Document 7 Entered on FLSD Docket 08/06/2008 Page 1 of 5




                               UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA

                              NO. 08-80804-CIV-MARRA/JOHNSON



 JANE DOE a/k/a
 JANE DOE NO. 1,

        Plaintiff,

 v.

 JEFFREY EPSTEIN, HALEY
 ROBSON, and SARAH
 KELLEN,

       Defendants.
 ___________________________/


                            ORDER DENYING MOTION TO STAY

        THIS CAUSE comes before the Court on Defendants Jeffrey Epstein and Sarah Kellen’s

 Motion to Stay, filed under seal on July 25, 2008. 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, Defendants cite a federal case, In re Grand Jury, No. FGJ


                                                   1
Case 9:08-cv-80804-KAM Document 7 Entered on FLSD Docket 08/06/2008 Page 2 of 5




 07-103(WPB) (S.D. Fla.), that arises out of the same occurrence as this civil action and is

 pending so that a stay of this civil case is mandated. The federal “case,” according to Defendant,

 involves a “deferred-prosecution” agreement whereby the U.S. Attorney agreed to suspend its

 inve

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