EFTA01108120.pdf

3 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN (1) PROCEEDINGS AND FOR PALM REACH COUNTY, FLORIDA (2) CASE NO.502009CA040800XXXXMBAG (3) MS. COLEMAN: Excuse me one moment. I'm JEFFREY EPSTEIN, Plaintiff, (4) Sony. The fast page of that notebook I need to (5) take out. Can I just grab my -- they're my notes. SCOTT ROTHSTEIN, individually, (6) THE COURT: I can't read your notes? and BRADLEY J. COWARDS, individually, (7) MS. COLEMAN: Well, I wouldn't want to give Defendants. (8) you my notes without giving a copy to Mr. Scarola, (9) because that would be inappropriate. 10) Good morning, Judge. Tonja Haddad -- 11) THE COURT: Let me just stop you and ask you, HEARING BEFORE THE HONORABLE 12) is this something I can do on an 8:45. it seems JUDGE DAVID CRON 13) like a lot? Monday. February el, 2013 9:01 a.m. - 9:1E a.m. 14) MS. COLEMAN: No, Your Honor, it's not. Palm Beach County Courthouse, Courtroom 9C ( 205 North Dixie Highway 15) THE COURT: Okay. Palm Beach County, Florida 16) MS. COLEMAN: It is my motion on behalf of 17) Mr. Epstein. And since the date it was filed I Stenographically Reported By: Sara Storey, FPR 18) have sent repeated requests to Mr. Scarola's office Florida Professional Reporter 19) asking for a specially set date upon which he was 20) available to argue our motion. 21) THE COURT: All right. 22) MS. COLEMAN: Mr. Scarola refused to provide 23) us dates and instead unilaterally set it before 24) this court today. What was originally set before 25) this court today was an issue related to our 2 4 APPEARANCES: (1) discovery which I think would be more germane to ( 2) the issues since you denied our protective order On behalf of the Plaintiff: Tonja Haddad. P.A. ( 3) last Thursday. There is no way this can be heard 315 SE 7th Street ( 4) in five minutes without belaboring the point. And (4) Fort Lauderdale. FL 33301 ( 5) we would respectfully request that since 954.467.1223 ( 6) Mr. Scarola's office is not cooperating that you (5) BY: TONJA HADDAD. ESQUIRE ( 7) would provide a specially-set date upon which we (6) (8) can argue our Motion to Dismiss in a cotporated (7) On behalf of the Defendants: (9) memorandum of law. Searcy. Denney. Scarola. et al. 10 ) MR. SCAROLA: May I have my five minutes to (8) 2139 Palm Beach Lakes Boulevard West Palm Beach. FL 33409 11 ) convince you otherwise? (91 12) THE COURT: Let me just say, I generally don't 13) give dates for counsel. I don't get involved in 10) BY: JACK SCAROLA, ESQUIRE 14) scheduling. What I generally do is say you 11) 12) 15) schedule it within a certain period of time, if you 13) 16) don't ni schedule it. But Yes, sir. 14) 17) MR. SCAROLA: Thank you. May I approach the 15) 16) 18) bench? 17) 19) THE COURT: Yes, sir. 18) 20) MR. SCAROLA: Thank you. 19) 21) Your Honor, this is our fourth amended 20) 21) 22) complaint And the fourth amended complaint makes 22) 23) two changes from the third amended complaint which 23) 24) was the subject of multiple challenges all of which 24) 25) 25) were denied. Those two changes appear in the 1 (Pages 1 to 4) WWW.USLEGALSUPPORT.COM 561-835-0220 EFTA01108120  5 7 (1) wherefore clause as to count one, and the wherefore (1) hearing? (2 ) clause as to count two. Both of the changes are (2 ) THE COURT: Well. I'll tell you what I'm going (3 ) identical. The prior complaint said that we (3) to do. I'm going to look at it. so if you want to. ( 4) reserved leave to assert a claim for punitive (4 ) you know -- ( 5) damages upon satisfying the statutory (5) MS. COLEMAN: Then I will — (6 ) prerequisites. The amendment says (6 ) THE COURT: Go ahead. ( 7) counter-plaintiff Edwards, having satisfied the (7 ) MS. COLEMAN: Go ahead. I'm sorry. ( 8) statutory prerequisites for the assertion of a (8 ) THE COURT: We got more than five minutes. ( 9) claim for punitive damages and having been granted (9) MS. COLEMAN: My position is as follows. 10 ) leave of court to assert such a claim does hereby (10) respectfully Mr. Scarola's opinion is just that. 11) also assert a claim for punitive damages. The (11) His opinion of course of his complaint is that it's 12 ) factual allegations of this complaint remain ( 12) fine, there is nothing wrong. Our position is in 13 ) absolutely unchanged from the repeatedly. ( 13) drast contravention to Mr. Scarola's opinion. The 14 ) unsuccessfully challenged third amended complaint. ( 14) law, in ow opinion, and as proved by our 15 ) The Motion to Dismiss before Your Honor is ( 15) voluminous notebook with which you've been 16 ) nothing more than a motion for a reconsideration of ( 16) provided -- and for the record, we've provided over 17 ) Your Honor's having granted the leave to assert a ( 17) two hundred pages of documentation to Judge Crow in 18) claim for punitive damages. And the concept that ( 18) support of our Motion to Dismiss. The legal 19) it is necessary after having satisfied the ( 19) standard for pleading punitive damages under note 20) statutory prerequisites to again argue all of the (20) 1-- I'm sorry. I completely lost the paper that I 21) same legal issues that are being asserted once more ( 21) was looking at. But the rule to plead special 22 ) that have previously been denied and to wait for a ( 22) damages. I believe it's 1.210 or 1.200. It's in 23 ) special set hearing in order to do that. I suggest (23) our motion -- requires heightened pleadings. So 24 ) to Your Honor, is simply a transparent attempt at ( 24) by — just as an example to give Judge Crow, by his 25 ) further delaying getting this 2009 case set for (25) own admission Mr. Scarola has virtually changed 6 8 (1) trial. That's the reason why I have been insistent (1) nothing in his complaint. That assertion by its (2) upon dealing with this matter at an 8:45 hearing. (2 ) very nature clearly goes to the fact that the (3) because I firmly believe that when Your Honor takes (3 ) complaint has not properly been amended to add a (4) a look at this complaint you will find that that is (4 ) claim in punitive damages. (5) the only change and it does not warrant a special (5 1 And I apologize to the court, the special (6) set hearing after Your Honor has already granted (6 ) pleading requirement statute is 1.120(G) and 768.72 (7) leave to amend to assert a claim for punitive (7 ) of the Florida statutes, require different (8) damages. (8) pleading. (9) Just so that it is clear what has happened (9) THE COURT: So let me stop you and make sure I 10 ) here. I have highlighted on both the copy I (10) understand you. What you're saying is that even 11) provided to Your Honor and the copy for opposing (11) though I may have given permission based upon the 12 ) counsel each of the factual allegations that were (12) proffer made at the time of the hearing to plead 13 ) supported by record evidence that allowed Your (13) punitive damages you still have to plead sufficient 14 ) Honor to grant leave to assert the claim for (14) ultimate facts to establish punitive damage 15 ) punitive damages. No new factual allegations have (15) liability -- 16) been added to those that formed the basis to assert (16 ) MR. SCAROLA: Yes. Your Honor, and the case 17 ) the claim for punitive damages to begin with. So (17) law clearly supports that and based upon my 18 ) that's the reason why I have asked Your Honor to (18) communications with Mr. Scarola I realized that 19 ) deal with this at an 8:45. so that we can finally (19) this was going to be a problem that could not be 20 ) get a trial date in this 2009 case. (20) addressed in five minutes. We were going to need 21 ) Thank you, sir. (21) to convince you otherwise, which is again why I'm 22 ) THE COURT: Yes. ma'am. (22) requesting that you allow us more time to argue 23 ) MS. COLEMAN: Your Honor, before I respond to (23) this, because it's a very important issue. 24 ) that, respectfully I'm asking am I going to be (24) obviously. 25) compelled to argue my motion in this five minute (25) THE COURT: How much time do you need to 2 (Pages 5 to 8) WWW.USLEGALSUPPORT.COM 561-835-0220 EFTA01108121  9 11 (1) argue? (1) THE COURT: Is it something in addition to (2) MS. COLEMAN: I need at least 20 minutes to (2) what's in your memorandum that you want to tell me? (3) argue my point, Judge. (3) MS. COLEMAN: With the case law? No. Judge. I (4) THE COURT: I don't give 40 minute hearings. (4) would like to be forwarded the opportunity to (5) I only have 30 minute hearings. (5) properly prepare and argue my point. I've been in (6) MS. COLEMAN: 15, I can do it in 15. (6) your courtroom many. many times as you know -- (7 ) THE COURT: Go ahead. (7) THE COURT: I'm just asking a simple question. (8) MS. COLEMAN: You want me to argue it right (8) Is there something more than what you've outlined (9) now? (9) very articulately in the memorandum of motion that (10) THE COURT: I have 15 minutes. ( 10) you need to argue or can I read it and understand (11) MS. COLEMAN: I don't have all the case law ( 11) it? (12) with me right now. We were set on a five minute ( 12) MS. COLEMAN: I'm confident you can read it (13) hearing. I was coming in here to request that you ( 13) and understand it. Judge. but respectfully, the (14) give us a specially set hearing. Judge. If you're ( 14) last couple of times we've been in here and we have (15) going to compel me to go forward at this exact ( 15) not been permitted to outlay our argument. for (16) moment — ( 16) example. the Motion for Protective Order, which we (17) THE COURT: Is the hearing about the stuff ( 17) tried to get specially set for 15 minutes and (18) I've got in front of me? You know, I'm pretty ( 18) Mr. Scarola would not agree. we get ruled against. (19) familiar with the case law in which you've cited ( 19) I'm trying to do my job here. I'm trying to (20) here. These are all standard cases. These are not ( 20 ) adequately present my client's position. I feel we (21) unique. And so what I really want to know is what ( 21) have a very strong Motion to Dismiss. I'm asking (22) the factual predicate is for your motion. The case ( 22) this court to allow us the 15 minutes within which (23) law is very clear. I understand the case law. I (23) to argue it and to not permit — I don't know -- I (24) don't think you got any new case law in here, do ( 24) don't have an -- (25) you? (25) THE COURT: When will you be ready to argue? 10 12 (1) MS. COLEMAN: Any new case law from what. (1) MS. COLEMAN: You can we have a UMC set for (2) Judge? I don't know what's been submitted to you (2) Wednesday morning. If you'd rather set this for (3) in the past. (3) Wednesday I'd be fine with that. (4) THE COURT: In support of your motion. (4) THE COURT: I have got time today, how about (5) MS. COLEMAN: In support of my motion, no. I (5) that? I can get my calendar. Will you be prepared (6) filed it on the 18th. (6) to argue it today? (7) THE COURT: No. I mean, any recent cases that (7) MS. COLEMAN: Judge. my office is in Broward (8) have changed the law in any manner. There is (8) and I have depositions set today. I don't know (9) nothing new in the case law. What you're really that I'll be able to do it today, but I'd be happy 10) doing is the case law as it applies to the 10) to do it Wednesday. 11) allegations of this complaint presumably is what 11) THE COURT: Let's get you scheduled here. 12) you're saying. 12) Okay. 13) MS. COLEMAN: Yes, I am. Judge. 13) MS. COLEMAN: Thank you very much. 14) THE COURT: Okay. So tell me what's wrong 14) THE COURT: Do you have the ability to look (15) with this complaint. 15) and see what your schedule is like right now? (16) MS. COLEMAN: I'm just -- 16) MR. SCAROLA: I have my phone here. 17) Are you making us do this argument now? 17) THE COURT: Are you prepared to do that? 18) THE COURT: I'm not making you do anything 18) MS. COLEMAN: Yes, sir. I have my calendar 19) now. I'm sitting here. I got the thing in front 19) hew on my phone. 20) me. I said maybe we can argue it now. You're 20) THE COURT: Go ahead and get your calendars. 21) telling me you're not prepared to argue the motion? 21) Let's get your schedules here. You need 30 22) Is that what you're saying? 22) minutes. I'm going to go ahead and get it set. 23) MS. COLEMAN: I was prepared for a five minute 23) This is one of the older cases on my -- I know 24) hearing and I'm telling you. yes. I would prefer 24) it had some procedural hiccups. but I want to try 25) to - 25) and get it to the point where we can 3 (Pages 9 to 12) WWW.USLEGALSUPPORT.COM 561-835-0220 EFTA01108122  13 15 (1) Can you do it at 8:00 in the morning? You (1) documentation. (2) generally don't have things scheduled at 8:00 in (2 ) THE COURT: Okay. (3) the morning. (3) MR. SCAROLA: Your Honor, this is the (4) MS. COLEMAN: Yes, sir, we have done that (4) pecuniary circumstances of discovery relating to (5 ) before. (5) punitive damages. (6) MR. SCAROLA: The only day that 8:00 would be ( 6 ) THE COURT: Right. (7 ) a problem would be Wednesday. because I'm scheduled ( 7) MR. SCAROLA: It is already past due. It's (8) to be on a plane to Tampa Wednesday morning at (81 more than 30 days. I had suggested at the time of (9) 7:00. (91 the hearing that Your Honor should include a time 10) THE COURT: How about Monday the 11th, 8:00? 1 0 ) for response, because I anticipated this problem 11) MS. COLEMAN: I can do that. 11 ) and I requested ten days. There was no time for 12) THE COURT: All right. Somebody notice it. ( 12 ) response included in the order and opposing counsel 13) Okay. 131 has said I want 30 days from the entry of the order 14) MS. COLEMAN: Judge. if you do have the time 14 ) denying my motion for protective order, which would 15) now -- 151 give them a total of in excess of 70 days to 16) THE COURT: We can do it at 8:15. too. 16 ) respond to this discovery. I believe that that's 17) MS. COLEMAN: That's fine. That's fine with 17) entirely inappropriate. The filing of a Motion for 18) me. Judge. 18 ) Protective Order does not relieve them of the 19) THE COURT: 8:15. That will be better. 8:15 19 ) obligation to prepare and be ready to submit the 20) on Monday February the Ilth. 20 ) discovery in a timely fashion if the motion is 21) MS. COLEMAN: Thank you. Judge. 21) denied. So my request is that ten days from today, 22) If you would like to address one small issue 22 ) which is now one week beyond where it was before, 23) now that Mr. Scarola and I both agreed if we had 2 31 that discovery response be submitted. That's the 24) time we would prefer that you address. 24 ) request I made. 25) You denied our Motion for Protective Order 25 There is an ancillary issue. And if I may 14 16 (1) last Thursday. (1) approach, Your Honor? (2) THE COURT: Is there a motion or something? (2) THE COURT: Sure. (3) MS. COLEMAN: It's set on your docket for (3) MR. SCAROLA: This is a copy of the order that (4) Wednesday, but I believe Mr. Scarola said he was (4) Your Honor entered. (5) going to bring everything if time permitted. (5) THE COURT: Okay. (6) MR_ SCAROLA: I don't have that other file. (6) MR. SCAROLA: And Your Honor outlined what you (7) THE COURT: Basically, Judge -- (7) believed the appropriate terms of a confidentiality (8) MR_ SCAROLA: I do have -- (8) order to be. I drafted a proposed confidentiality (9) MS. COLEMAN: I don't know that we even need a (9) order that exactly tracks the language in Your 10) file for it. 10) Honor's order and I submitted it to opposing 11) You denied our Motion for Protective Order 11) counsel and they have not agreed to that 12) last Thursday. You delineated the confidentiality 12) confidentiality order. which is no surprise. 13) order that you would like entered in this case and 13) because its one more way in which they will 14) Mr. Scarola and I are working on different drafts 14) attempt to delay the response to the discovery that (15) of that. However, you did not provide in your 15) we are seeking. I would ask Your Honor to (16) order a date upon which our responses. whatever 16) simply -- (17) they may be. to Mr. Scarola's discovery would be 17) I don't believe that after Your Honor's 18) due. So we had agreed 30 days from the date of 18) already entered the order that outlines all the 19) your order we offered to Mr. Scarola thinking that 19) confidentiality provisions that another order is 20) was reasonable, but Mr. Scarola disagreed. So we 20) necessary. but you contemplated another order. so I 21) would ask you to please give us a date upon which 21) would ask Your Honor to enter the confidentiality 22) ow responses to his discovery -- 22) order that you said would be appropriate. 23) THE COURT: I don't remember what the 23) MS. COLEMAN: Your Honor. I have not even read 24) financial requests were right now. 24) that. It was e-mailed on Friday and I e-mailed 25) MS. COLEMAN: Voluminous, over five years of 25) Mr. Scarola back right away -- and I can prove this 4 (Pages 13 to 16) WWW.USLEGALSUPPORT.COM 561-835-0220 EFTA01108123  17 19 (1) if I have to. I haven't had an opportunity to (1) MR. SCAROLA: Thanks. (2) review it yet, much less send it to my client or my (2 ) MS. COLEMAN: An order regarding the discovery (3) co-counsels -- (3) due date or -- (4) THE COURT: Well, what it is is a bullet point (4 ) THE COURT: Yeah. And whether or not I'm ( 5) of exactly what I said. (5 ) going to require a confidentiality order and. I (6) MS. COLEMAN: I understand what it is, Your (6 ) mean -- basically -- I mean. I'm looking at my ( 7) Honor, but -- (7) order and what I -- I couldn't tell you what I was ( 8) THE COURT: Well, is there something you want (8 ) thinking, but I spelled out everything that I ( 9) more than in my order? (9 ) thought was necessary and only if you thought 10) MS. COLEMAN: I haven't read it. Yes, Judge, 10 ) something more then I was going to allow you to do 11) there — no, I would like to have it say what you 11) something different, but -- or less. 12) say in your order, but there may be -- 12 ) MS. COLEMAN: Respectfully. Judge. in my 13) This is our protective order, Your Honor. 13) granted less limited experience than Mr. Scarola in 14) This is to protect Mr. Epstein, my client. While I 14 ) the legal arena, if an issue arises with this 15) appreciate Mr. Scarola's constant opinions of the 15) confidentiality order we were trying to place the 16) law and what should be submitted, its my client. 16 ) burden not on you purportedly drafted the 17) I should at least at a minimum have a right to 17) confidentiality order by nature of your order. but 18) review it and edit it if I believe it's necessary. 18 ) rather having an agreed to confidentiality order 19) I'm not adding -- I don't anticipate adding 19 ) between the parties that you would merely sign 20) anything that the court hasn't delineated in its 20 ) rather than using your court order and asking you 21) order, but I think it's incumbent upon me as 21) to rule on exactly what you just said what you 22) counsel of record for Mr. Epstein to at a minimum 22 ) meant at the time you drafted it 23) be able to review a confidentiality order that's 23) THE COURT: Okay. I'm not sure what I'm going 24) going to order by Mr. Scarola's own constant words, 24 ) to do, but I'll get you an order out here today. 25) a billionaire, to disclose all of his financial 25) Okay. 18 20 (1) information absent, you know, something being in 11) MS. COLEMAN: Thank you. Judge. (21 place that we need to review. And especially given (2) MR. SCAROLA: And I would respond to that if I (31 the situation of what's going on in other (31 had any idea at all what she just said. So I have (4) litigations between these parties. (41 no response. (5) THE COURT: Well. I guess what I'm asking (51 THE COURT: Excuse me? (61 is -- I mean. I outlined everything that I thought (6) MR. SCAROLA: I said I would respond to that (71 was necessary in my order. And what I'm asking -- (71 if I had any idea at all what it is she just said. (8) certainly you've read my order. (81 but I don't. (91 MS. COLEMAN: I've read your order. Judge. I (91 THE COURT: Thank you. 10 ) have nor read Mr. Scarola's proposed 10) MR. SCAROLA: Thank you. Your Honor. 11) confidentiality order. 11) THE COURT: Have a great day. 12) THE COURT: I'm not asking about the 12) MR. SCAROLA: And you too, sir. 13) confidentiality order. I'm going to ask you about 13) (Proceedings concluded at 9:18 M.) 14) my order. What in addition to what I put in the 14) 15) order would you want? 15) 16 ) MS. COLEMAN: Judge. I read your order 16) 17) Thursday afternoon. I don't remember. I wasn't 17) 18) prepared to discuss the confidentiality order this 18) 19) morning. I wasn't told it was going to be heard. 19) 20) I wasn't told that Mr. Scarola was going to present 20) 21) you with a copy of what he had drafted. 21) 22) THE COURT: Okay. I'll get you an order out. 22) 23) Okay. 23) 24) MR. SCAROLA: Thank you very much. Your Honor.( 24) 25) THE COURT: Have a great day. 25) 5 (Pages 17 to 20) WWW.USLEGALSUPPORT.COM 561-835-0220 EFTA01108124  21 (1) CERTIFICATE OF REPORTER (2) ( 3) (4) I, Sara Storey, Florida Professional ( 5) Reporter, State of Florida at Large, certify that I was (6) authorized to and did stenographically report the ( 7) foregoing proceedings and that the transcript, page I ( 8) through 20, is a true and complete record of my ( 9) stenographic notes. 10) 11) Dated this 4th day of February 2013 in Palm 12) Beach County, Florida. 13) 14) 15) 16) 17) 18) 19) Sara Storey, 0) 20) Florida Professional Reporter 21) 22 ) 23 ) 24) 25) S (Page 21) WWW.USLEGALSUPPORT.COM 561-835-0220 EFTA01108125  Page 1 A asserted5:21 clause5:1,2 10:18 11:1,7,22 ability12:14 assertion5:8 8:1 clear6:9 9:23 11:25 12:4,11,14 able12:9 17:23 attemptS:24 16:14 clearly8:2,17 12:17,20 13:10 absent18:1 authorized21:6 client 17:2,14,16 13:12,16,19 14:2 absolutely 5:13 available3:20 client's11:20 14:7,23 15:2,6 add8:3 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