Case 9:08-cv-80736-KAM Document 198 Entered on FLSD Docket 06/28/2013 Page 1 of 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 1. UNITED STATES JANE DOE #1 AND JANE DOE #2'S RESPONSE IN OPPOSITION TO INTERVENORS' MOTION TO STAY COME NOW Jane Doe #1 and Jane Doe #2 (also referred to as "the victims"), by and through undersigned counsel, to respond in opposition to Intervenors' Motion for Stay Pending Appeal (DE 193). The intervenors — Jeffrey Epstein and his team of defense lawyers (hereinafter referred to collectively as "Epstein") -- have requested a stay of the Court's order requiring disclosure of correspondence connected with plea negotiations on behalf of Epstein relating to crimes he committed against the victims (DE 188, DE 190) pending an interlocutory appeal to the Eleventh Circuit. The motion should be denied for two straightforward reasons: First, Epstein cannot take such an interlocutory appeal; second, on the merits, any such appeal would be baseless and thus Epstein cannot demonstrate a likelihood of success on the merits and the other requirements for obtaining a stay pending appeal. I. EPSTEIN CANNOT TAKE AN INTERLOCUTORY APPEAL OF THIS COURT'S DISCOVERY ORDER. Epstein has asked the Court for a stay "pending appeal." (DE 193 at I). This raises the immediate question of how the Eleventh Circuit would have jurisdiction over such an appeal. I EFTA00209600