UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA/JOHNSON JANE DOE I and JANE DOE 2, Plaintiffs, v. UNITED STATES OF AMERICA, : Defendant. EPSTEIN'S REPLY IN SUPPORT OF SUPPLEMENTAL PROTECTIVE ORDER There is no doubt that the Eleventh Circuit has held that Epstein's plea negotiation and settlement communications are not privileged. We acknowledged this throughout our initial filing. However, there also can be no doubt that despite these negotiations not being privileged, they are still confidential by longstanding tradition. And confidential material can be filed under seal, even if it is relevant or even "central," as the plaintiffs say, to an issue in the case. The question is not whether the material is relevant, but whether good cause exists to temporarily seal this confidential information pending a determination by the court as to whether all or part or none of the communications should be made public. The best example of good cause for keeping these materials sealed is the claim by the plaintiffs that the settlement communications need to be publicly filed because they show that Mr. Epstein's lawyers "pushed prosecutors to agree to a confidentiality provision that illegally kept the non-prosecution agreement secret from the victims." [DE 298 at 6]. Yet the 23-page defense letter that the plaintiffs propose to file publicly with their opposition to Professor Dershowitz's intervention makes no mention of any confidentiality agreement or any agreement EFTA00583385