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The Order Denying The Joinder Motion Of Jane Doe #3 And Jane Doe #4 (9/1/26) · The Epstein Chronicles

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  Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
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  Speaker 1: In this episode, we're diving right back in to those
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  Speaker 1: core documents, and this time we're taking a look at
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  Speaker 1: the order denying petitioner's motion to join under Rule twenty
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  Speaker 1: one and motion to amend under Rule fifteen. Case number
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  Speaker 1: zero eight Dash CV Dash eight zero seven three six
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  Speaker 1: dash Ka M. Jaine Do number one and Jane Do
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  Speaker 1: number two versus the United States of America, the order
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  Speaker 1: denying petitioner's motion to join under Rule twenty one and
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  Speaker 1: motion to amend under Rule fifteen. This cause is before
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  Speaker 1: the Court on Jane Doe three and Jane Doe four's
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  Speaker 1: corrected motion pursuing to Rule twenty one for a joinder
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  Speaker 1: in action Rule twenty one motion d E two eighty,
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  Speaker 1: and Jane Do number one and Jaine Do number two's
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  Speaker 1: protective motion pursuing to Rule fifteen to amend their pleadings
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  Speaker 1: to conform to existing evidence, and to add Jine Do
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  Speaker 1: number three and Jane Do number four as petitioners Rule
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  Speaker 1: fifteen motion d E three eleven. Both motions are ripe
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  Speaker 1: for review for the following reasons. The Court concludes that
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  Speaker 1: they should be denied background. This is an action taken
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  Speaker 1: by two unnamed petitioners, Jane DO one and Jane DO two,
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  Speaker 1: seeking to prosecute a claim under the Crime Victim Rights
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  Speaker 1: Act US Code eighteen, Section thirty seven seventy one d
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  Speaker 1: E one. Generally, they allege that the respondent government violated
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  Speaker 1: their rights under the CVRA by failing to consult them
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  Speaker 1: before negotiating a non prosecution agreement with Jeffrey Epstein, who
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  Speaker 1: subjected them to various sexual crimes while they were miners.
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  Speaker 1: Petitioners initiated this action in July of two thousand and eight.
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  Speaker 1: On December thirtieth, twenty fourteen, to other unnamed victims, Jane
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  Speaker 1: Do number three and Jane Do number four moved to
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  Speaker 1: joint petitioners in this action pursuant a federal Rule of
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  Speaker 1: Civil Procedure number twenty one d E two eighty. Petitioners
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  Speaker 1: Jane DO one and Jane Do two support the rule
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  Speaker 1: twenty one motion. Jane Do three and Jane DO four
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  Speaker 1: argue that they have suffered the same violations of their
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  Speaker 1: rights under the CVRA as the petitioners, and may desire
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  Speaker 1: to join in this action to vindicate their rights as well.
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  Speaker 1: Id at one. The Government opposes joined or under Rule
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  Speaker 1: twenty one d E two ninety. The Government argues that
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  Speaker 1: Rule fifteen is the proper procedural device for adding parties
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  Speaker 1: to an action, not Rule twenty one. Out of an
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  Speaker 1: abundance of caution, petitioners filed a motion to amend their
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  Speaker 1: petition under Rule fifteen, conforming the petition to the evidence
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  Speaker 1: and adding Jane Do three and Jane Do four as petitioners.
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  Speaker 1: D three eleven, at two. The Government opposes the rule
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  Speaker 1: fifteen motion as well, d E three fourteen. Among other things,
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  Speaker 1: the government argues that amending the petition to include Jane
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  Speaker 1: Do three and Jane Do four should be denied because
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  Speaker 1: of their undue delay in seeking to join the proceedings
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  Speaker 1: and the undue prejudice that amendment will cause. After considering
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  Speaker 1: the party's submissions and proposed amended petition, the Court finds
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  Speaker 1: that justice does not require amendment in this instance and
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  Speaker 1: exercises its discretion to deny the amendment. Part two. The
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  Speaker 1: discussion the decision whether to grant leave to amend a
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  Speaker 1: complaint is within the sole discretion of the District Court
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  Speaker 1: Lori versus Alabama Court Criminal Appeals two fifty six f
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  Speaker 1: Dot three d. Twelve sixty six, twelve seventy four, Eleventh Circuit,
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  Speaker 1: two thousand and one. The Court should freely give leave
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  Speaker 1: when Justice so requires fed Dot r Dot Siev Dot p.
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  Speaker 1: Fifteen a and two. Justice does not require amendment in
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  Speaker 1: several instances, including undue delay, bad faith, dilatory motive on
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  Speaker 1: the part of the movement, undue prejudice to the opposing
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  Speaker 1: party by virtue of allowance of the amendment, and futility
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  Speaker 1: of US Amendment Lori two fifty six f Dot three
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  Speaker 1: d At twelve seventy four, quoting Foeman vers Davis, three
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  Speaker 1: seventy one US one seventy eight one eighty two, nineteen
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  Speaker 1: sixty two. In addition to considering the effect of amendment
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  Speaker 1: on the parties, the Court must consider the importance of
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  Speaker 1: the amendment on the proper determination of the merits of
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  Speaker 1: a dispute. Six Wright Miller Federal Practice and Federal p.
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  Speaker 1: Section fourteen eighty eight, page eight fourteen, third Edition, twenty ten.
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  Speaker 1: Justice does not require amendment where the addition of parties
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  Speaker 1: with duplicate claims will not materially advance the resolution of
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  Speaker 1: the litigation. On the merits. See Herring versus. Delta Airlines Incorporated.
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  Speaker 1: Eight ninety four F Dot two D ten twenty ten,
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  Speaker 1: twenty four ninth Circuit nineteen eighty nine. A Rule twenty
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  Speaker 1: one motion Jane DO three and Jane Do four's first
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  Speaker 1: attempt to join in this proceeding was brought under Rule
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  Speaker 1: twenty one d e two eighty. If parties seek to
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  Speaker 1: add a party under Rule twenty one, courts generally use
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  Speaker 1: the standard of Rule fifteen governing amendments to pleadings to
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  Speaker 1: determine whether to allow the addition twelve Wright Miller, Federal
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  Speaker 1: Practice and Federal p Page four thirty two, third Edition,
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  Speaker 1: twenty thirteen. See also Galustian versus. Peter, five ninety one
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  Speaker 1: f Dot three d seven twenty four, seven twenty nine,
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  Speaker 1: and thirty four Circuit twenty ten, collecting cases in noting
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  Speaker 1: that Rule fifteen A applies to amendments seeking to add parties.
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  Speaker 1: Frank versus us West Incorporated. Three F Dot three d
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  Speaker 1: thirteen fifty seven thirteen sixty five ten Circuit nineteen ninety three.
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  Speaker 1: A motion to add a party is governed by fed
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  Speaker 1: dot R dot SIEV Page fifteen A. Rule twenty one
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  Speaker 1: misjoinder and non joinder parties provides the court with a
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  Speaker 1: tool for correcting the misjoinder of parties that would otherwise
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  Speaker 1: result in dismissal fed Dot r Dot siv Dot p.
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  Speaker 1: Twenty one one. In so far as Rule twenty one
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  Speaker 1: relates to the addition of parties, it is intended to
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  Speaker 1: permit the bringing in of a person who threw inadvertence, mistake,
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  Speaker 1: or for some other reason, had not been made a party,
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  Speaker 1: and whose presence as a party is later found necessary
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  Speaker 1: or desirable. United States versus Combank of North America thirty
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  Speaker 1: one FRD one thirty three one thirty five SDNY nineteen
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  Speaker 1: sixty two. In their Rule twenty one motion, Jane DO
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  Speaker 1: three and Jane Do four do not claim that they
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  Speaker 1: were omitted from this proceeding due to any inadvertence or
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  Speaker 1: mistake by petitioners. Rather, they seek to join this proceeding
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  Speaker 1: as parties that could have been permissively joined in the
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  Speaker 1: original petition under Rule twenty permissive joinder of parties. As
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  Speaker 1: courts generally use the standards of Rule fifteen to evaluate
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  Speaker 1: such circumstances, the court will consider the joinder issue as
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  Speaker 1: presented in the rule fifteen motion. The Court will consider
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  Speaker 1: the argument presented in Rule twenty one motion as if
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  Speaker 1: they are set forth in Rule fifteen's motion as well.
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  Speaker 1: Because the arguments are presented in the Rule fifteen motion,
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  Speaker 1: and because the Court is denying the Rule fifteen motion
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  Speaker 1: on its merits as discussed below, the Rule twenty one
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  Speaker 1: motion will be denied. The Court also concludes that portions
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  Speaker 1: of Rule twenty one motion and related findings should be
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  Speaker 1: stricken from the record. Pending for this court's consideration is
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  Speaker 1: a motion for limited intervention filed by Alan M. Dershowitz,
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  Speaker 1: who seeks to intervene to strike the outrageous and impertinent
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  Speaker 1: allegations made against them, and to request to show cause
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  Speaker 1: order to the attorneys that have made them D to
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  Speaker 1: eighty two at one. The Court has considered mister Dershowitz's arguments,
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  Speaker 1: but finds that his intervention is unnecessary as Federal Rule
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  Speaker 1: of Civil Procedure twelve f empowers the Court on its
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  Speaker 1: own to strike from completing an insufficient defense or any redundant, immaterial, impertinent,
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  Speaker 1: or scandalous mens Fedar siv Dot p. Twelve f. Petitioner's
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  Speaker 1: Rule twenty one motion consists of relatively little argumentation regarding
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  Speaker 1: why the Court should permit them to join in this action.
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  Speaker 1: They argue that one they were sexually abused by Jeffrey Epstein,
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  Speaker 1: and two the government violated their CVRA rights by concealing
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  Speaker 1: the non prosecution agreement with them d e. Two eighty
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  Speaker 1: at three See id at seven and eight. However, the
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  Speaker 1: bulk of the Rule twenty one motion consists of copious
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  Speaker 1: factual details that Jane Do three and Jane Do four
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  Speaker 1: would prove if allowed to join this action Idea three
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  Speaker 1: and seven. Specifically, Jane Do three proffers that she could
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  Speaker 1: prove the circumstances under which a non party introducder to
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  Speaker 1: Epstein and now mister Epstein sexually trafficked her to several
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  Speaker 1: high profile non party individuals, including numerous prominent American politicians,
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  Speaker 1: powerful business executives, foreign presidents, a well known prime minister,
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  Speaker 1: and other world leaders. Idea three, three and six. She
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  Speaker 1: names several individuals, and she offers details about the type
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  Speaker 1: of sex act performed and where they took place see
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  Speaker 1: id at five. At this juncture in the proceedings, these
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  Speaker 1: lurid details are unnecessary to the determination of whether Jane
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  Speaker 1: Do three and Jane Do four should be permitted to
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  Speaker 1: joint petitioners claim that the government violated their rights under
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  Speaker 1: the CVRA. The factual details regarding with whom and where
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  Speaker 1: the Jane Does engaged in sexual activities are immaterial and
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  Speaker 1: impertinent to this central claim, i e. They were known
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  Speaker 1: victims of mister Epstein and the government owed them CVRA duties,
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  Speaker 1: especially considering that these details involved non parties who are
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  Speaker 1: not related to the respondent government. These unnecessary details shall
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  Speaker 1: be stricken. The original rule twenty one Motion D two
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  Speaker 1: seventy nine shall be stricken in its entirety, as it's
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  Speaker 1: wholly superseded by the corrected version of Rule twenty one
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  Speaker 1: motion d E two eighty from the directed rule twenty
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  Speaker 1: one motion. The Court shall strike all factual details regarding
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  Speaker 1: Jane Doe three Between the following sentences. The government then
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  Speaker 1: concealed from Jane Doe three the existence of its NPA
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  Speaker 1: from Jane Doe three, in violation of her rights under
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  Speaker 1: the CVRA. And the government was well aware of Jane
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  Speaker 1: Doe three when it's negotiating the NPA, as it listed
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  Speaker 1: her as a victim in the attachment to the NPA,
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  Speaker 1: as none of Jane Doe four's factual details relate to
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  Speaker 1: non parties. The Court finds it unnecessary to strike the
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  Speaker 1: portion of the Rule twenty one motion related to her
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  Speaker 1: circumstances regarding the declaration and support of petitioner's response to
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  Speaker 1: mister Dershowitz's motion to intervene D two ninety one, Dash one,
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  Speaker 1: the Court shall strike paragraphs four, five, seven, eleven, thirteen, fifteen,
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  Speaker 1: nineteen through fifty three, and fifty nine as they contain
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  Speaker 1: in pertinent details regarding non parties. Regarding the declaration of
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  Speaker 1: Jane Doe three in support a Rule twenty one motion
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  Speaker 1: D three ten one, the Court shill strike paragraphs seven
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  Speaker 1: through twelve, sixteen, thirty nine, and forty nine as they
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  Speaker 1: contain impertinent details regarding non parties. Chane three is free
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  Speaker 1: to reassert these factual details through proper evidentiary proof, should
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  Speaker 1: petitioners demonstrate a good faith basis for believing that such
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  Speaker 1: details are pertinent to a matter presented for the Court's consideration.
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  Speaker 1: As mentioned, mister Dershowitz moves to intervene for the limited
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  Speaker 1: purposes of moving to strike the outrageous and impertinent allegations
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  Speaker 1: made against them and requesting a show cause order to
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  Speaker 1: our attorneys that have been made d E. Two eighty
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  Speaker 1: two at one. As the Court has taken it upon
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  Speaker 1: itself to strike the impertinent factual details from Rule twenty
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  Speaker 1: one motion and related filings, the Court concludes that mister
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  Speaker 1: dershowitz intervention in this case is unnecessary. Accordingly, this motion
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  Speaker 1: to intervene will be denied as moot. Regarding whether a
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  Speaker 1: show cause order should it be issued, the Court find
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  Speaker 1: that its actions of striking the lurid details from petitioners
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  Speaker 1: submissions is sanctioned enough. However, the Court cautions that all
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  Speaker 1: council are subject to Rule eleven's mandate that all submissions
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  Speaker 1: be presented for a proper purpose and factual contentions have
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  Speaker 1: evidentiary support fed dot r dot siv p eleven b
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  Speaker 1: one and three, and that the Court may on its
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  Speaker 1: own strike from any pleading any redundant, immaterial, impertinent or
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  Speaker 1: scandalous matter fed dot r Sieve Dot p. Twelve f B.
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  Speaker 1: Rule fifteen motion. Between their two motions, the Rule twenty
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  Speaker 1: one motion and the Rule fifteen motion, Jane Do three
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  Speaker 1: and Jane Do four assert that they desire to join
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  Speaker 1: this action to vindicate their rights under the CVRA as
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  Speaker 1: well DA two eighty at one, although petitioners already seek
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  Speaker 1: the invalidation of mister Epstein's non prosecution agreement on behalf
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  Speaker 1: of all other similarly situated victims D one eighty nine
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  Speaker 1: at one, d E three eleven at two, twelve, fifteen, eighteen,
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  Speaker 1: and nineteen, Jane DO three and Jane Do four argue
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  Speaker 1: that they should be fellow travelers in this pursuit lest
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  Speaker 1: they be forced to file a separate suit raising their claims,
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  Speaker 1: resulting in duplicative litigation. D e two eighty at eleven.
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  Speaker 1: The Court finds that justice does not require adding new
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  Speaker 1: parties this late in the proceedings, who will raise claims
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  Speaker 1: that are admittedly duplicates of the claims already presented by petitioners.
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  Speaker 1: The Dose submissions demonstrate that it is entirely unnecessary for
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  Speaker 1: Jane DO three and Jane Do four to precede as
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  Speaker 1: parties in this action, rather than his fact witnesses available
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  Speaker 1: to offer relevant admissible and non cumulative testimony ceg d
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  Speaker 1: E two eighty at two. Jane DO three and Jane
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  Speaker 1: DO four are in many respects similarly situated to the
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  Speaker 1: current victims. The new victims will establish a trial that
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  Speaker 1: the government violated their CVR rights in the same way
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  Speaker 1: as it violated the rights of the other victims. Ten.
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  Speaker 1: Jane Do three and Jane Do four will simply join
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  Speaker 1: in motions that the current victims were going to file.
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  Speaker 1: In any event, eleven litigating Jane Do three and Jane
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  Speaker 1: Do four's claims would be duplicates d E two ninety
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  Speaker 1: eight at one and one. As promised, Jane Do three
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  Speaker 1: and Jane Do four do not seek to expand the
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  Speaker 1: number of pleadings filed in this case. If allowed to
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  Speaker 1: join this action, they would simply support the pleadings already
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  Speaker 1: being filed by Jane Do number one and Jane Do
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  Speaker 1: number two. D E three eleven at five n three.
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  Speaker 1: All four victims represented by the same legal council intend
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  Speaker 1: to coordinate efforts to avoid duplicate pleadings. Fifteen. Jane Do
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  Speaker 1: three and Jane Do four challenged the same secret agreement
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  Speaker 1: ie the NPA that the government executed with Epstein and
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  Speaker 1: then concealed from his victims. This is made clear by
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  Speaker 1: the proposed amendment itself, in which all four victims simply
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  Speaker 1: allege the same general facts as the Does argue at
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  Speaker 1: length in their rule fifteen motion. Jane DO one's original
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  Speaker 1: petition specifically alleges that the government was violating not only
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  Speaker 1: her rights, but the rights of other similarly situated victims.
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  Speaker 1: D e three at two. The Court fails to see
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  Speaker 1: where the addition of other similarly situated victims is now
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  Speaker 1: necessary to vindigate their rights as well. D E two
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  Speaker 1: eighty at one. Of course, Jane DO three and Jane
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  Speaker 1: DO four can participate in this litigated effort to vindicate
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  Speaker 1: the rights of similarly situated victims. There is no requirement
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  Speaker 1: that evidentiary proofs submitted in this case come only from
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  Speaker 1: the name parties. Petitioners point out as much, noting that
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  Speaker 1: regardless of whether this Court grants the rule fifteen motion,
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  Speaker 1: they will call Jane DO three as a witness at
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  Speaker 1: any trial d e three eleven at seventeen and seven.
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  Speaker 1: The necessary participation of Jane DO three and Jane DO
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  Speaker 1: four in this case can be satisfied by offering their
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  Speaker 1: properly supported and relevant admissible testimony is needed, whether through
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  Speaker 1: testimony at trial Cde two to eighty at nine or
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  Speaker 1: affi David submitted to support the relevancy of discovery requests
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  Speaker 1: see id A ten. Petitioners do not contend that Jane
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  Speaker 1: Do three and Jane Do four's participation in this case
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  Speaker 1: can only be achieved by listing them as parties. As
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  Speaker 1: it stands under the original petition, the merits of this
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  Speaker 1: case will be decided based on a determination of whether
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  Speaker 1: the government violated the rights of Jane Do one, Jane
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  Speaker 1: Do two, and all other similarly situated victims under the CVRA.
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  Speaker 1: Jane Do three and Jane Do four may offer relevant,
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  Speaker 1: admissible and nonccumulated evidence that advances that determination, but their
• 16:48
  Speaker 1: participation as listed parties is not necessary in that regard.
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  Speaker 1: Ce Herring, eight ninety four f. Dot two d at
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  Speaker 1: ten twenty four. District Court did not abuse its discretion
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  Speaker 1: by denying amendment where addition of more plaintiffs would not
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  Speaker 1: have affected the issues underlying the grant of some rejudgment. Cf.
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  Speaker 1: Arthur ver Stearn, two thousand and eight w L. Two
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  Speaker 1: sixty two zero one one six at seven SD. Texas,
• 17:15
  Speaker 1: two thousand and eight. Under Rule fifteen, courts have held
• 17:18
  Speaker 1: that leave to a mend to assert a claim already
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  Speaker 1: at issue another lawsuit should not be granted if the
• 17:24
  Speaker 1: same parties are involved, the same substantiative claim is raised
• 17:29
  Speaker 1: and the same relief is sought. And as to Jane
• 17:31
  Speaker 1: Doe four, at least adding her as a party raises
• 17:35
  Speaker 1: unnecessary questions about whether she is proper party to this action.
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  Speaker 1: Petitioner also admit that amending the petition to conform to
• 17:43
  Speaker 1: the evidence by including references to non party prosecution agreements
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  Speaker 1: itself is unnecessary, as the existing petition is broad enough
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  Speaker 1: to cover the developing evidence in this case De three
• 17:56
  Speaker 1: to eleven. The Court agrees, and it concludes that John
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  Speaker 1: Justice does not require amending the petition this late in
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  Speaker 1: the proceedings conclusion. Accordingly, it is hereby ordered and adjudged
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  Speaker 1: as follows the rule. Twenty one motion d E two
• 18:11
  Speaker 1: eighty is denied. The rule fifteen motion d E three
• 18:14
  Speaker 1: eleven is denied. Intervener Dershowitzs motion for limited intervention d
• 18:19
  Speaker 1: E two eighty two and motion for leave to file
• 18:22
  Speaker 1: supplemental reply and support for Motion for limited Intervention d
• 18:26
  Speaker 1: E three seventeen are denied as moot. Petitioner's motion diceealed
• 18:31
  Speaker 1: d E two ninety two is denied as moot the
• 18:34
  Speaker 1: following materials, or hereby stricken from the record d E
• 18:38
  Speaker 1: two seventy nine in its entirety d E two eighty
• 18:41
  Speaker 1: all sentences between the following sentences. The Government then concealed
• 18:45
  Speaker 1: from Jane Doe number three the existence of its NPA
• 18:48
  Speaker 1: from Jane Doe three, in violation of her rights under
• 18:51
  Speaker 1: the CVRA d E two eighty three. And the Government
• 18:55
  Speaker 1: was well aware of Jane Doe three when it was
• 18:57
  Speaker 1: negotiating the NPA, as it listed her as a victim
• 19:00
  Speaker 1: in the attachment to the NPA D two eighty eight,
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  Speaker 1: six d E two ninety one one, paragraphs four, five, seven, eleven, thirteen, fifteen,
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  Speaker 1: nineteen through fifty three, n fifty nine, d E three
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  Speaker 1: ten one, paragraphs seven through twelve, sixteen thirty nine, and
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  Speaker 1: forty nine. D E two ninety three in its entirety,
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  Speaker 1: Done and ordered in the Chambers at West Palm Beach,
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  Speaker 1: Palm Beach County, Florida, this sixth day of April twenty fifteen.
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  Speaker 1: And this order was signed by Kenneth Marra. All Right, folks,
• 19:34
  Speaker 1: that's going to do it for this one. All of
• 19:35
  Speaker 1: the information that goes with this episode can be found
• 19:39
  Speaker 1: in the description box.