EFTA01114413.pdf
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR PALM BEACH COUNTY CIVIL DIVISION
CASE NO.: 502009CA040800 AG
JEFFREY EPSTEIN,
Plaintiff(s),
vs.
SCOTT ROTHSTEIN, etc., et al.,
Defendant(s).
ORDER ON DEFENDANT/COUNTER-DEFENDANT'S
MOTION FOR PROTECTIVE ORDER IN REGARD TO THE DEPOSITION
DUCES TECUM OF RECORDS CUSTODIAN AND TRUSTEE HERBERT STETTIN
THIS CAUSE came before the Court upon the above Motion, the Court heard
argument of counsel and is fully advised in the premises. Based upon the foregoing, it is
CONSIDERED, ORDERED AND ADJUDGED as follows:
The Subpoena seeks all e-mail communication between various attorneys of
the former Rothstein firm and various governmental offices regarding JEFFREY EPSTEIN.
The request is not limited to time, subject matter or scope and, according to the
documents presented to this Court, could be in excess of 10,214 pages of e-mails. At this
point, the Court finds that the request is overbroad and not necessarily calculated to lead
to admissible evidence. The purported basis for obtaining these records is to establish
some type of "abuse of process" in regard to the non-prosecution agreement entered into
between the government and the Plaintiff. At present, there is no pending Complaint by
the Plaintiff which has withstood a Motion to Dismiss dealing with the issue of whether or
not some actions by the Defendant in regard to the non-prosecution agreement could
constitute "abuse of process". Therefore, the Defendant's Motion for Protective Order is
EFTA01114413
Epstein tr. Rothstein, et at.
Case No. 502009CA040800XXXJCMBAC
Order
Page 2
granted and the Objection to production of records is hereby granted, both without
prejudice.
DONE AND ORDERED this da;ofJuly 011 t VVeSt Palm Beach, Palm
Beach County, Florida. 11
DAVID F. CROW
CIRCUIT COURT JUDGE
Copy furnished:
JACK SCAROLA, ESQUIRE, 2139 Palm Beach Lakes Blvd., West Palm Beach, FL 33409
JOSEPH L. ACKERMAN, JR., ESQUIRE, 777 S. Flagler Dr., 901 Phillips Point West, West Palm
Beach, FL 33401
JACK GOLDBERGER, ESQUIRE, 250 Australian Ave. S., Suite 1400, West Palm Beach, FL 33401
MARC NURIK, ESQUIRE, One E. Broward Blvd., Suite 700, Ft. Lauderdale, FL 33301
GARY M. FARMER, JR., ESQUIRE, 425 N. Andrews Ave., Suite 2, Ft. Lauderdale, FL 33301
MARTIN WEINBERG, ESQUIRE, 20 Park Plaza, Suite 1000, Suffolk, MA 02116
EFTA01114414
IN AND FOR PALM BEACH COUNTY CIVIL DIVISION
CASE NO.: 502009CA040800 AG
JEFFREY EPSTEIN,
Plaintiff(s),
vs.
SCOTT ROTHSTEIN, etc., et al.,
Defendant(s).
ORDER ON DEFENDANT/COUNTER-DEFENDANT'S
MOTION FOR PROTECTIVE ORDER IN REGARD TO THE DEPOSITION
DUCES TECUM OF RECORDS CUSTODIAN AND TRUSTEE HERBERT STETTIN
THIS CAUSE came before the Court upon the above Motion, the Court heard
argument of counsel and is fully advised in the premises. Based upon the foregoing, it is
CONSIDERED, ORDERED AND ADJUDGED as follows:
The Subpoena seeks all e-mail communication between various attorneys of
the former Rothstein firm and various governmental offices regarding JEFFREY EPSTEIN.
The request is not limited to time, subject matter or scope and, according to the
documents presented to this Court, could be in excess of 10,214 pages of e-mails. At this
point, the Court finds that the request is overbroad and not necessarily calculated to lead
to admissible evidence. The purported basis for obtaining these records is to establish
some type of "abuse of process" in regard to the non-prosecution agreement entered into
between the government and the Plaintiff. At present, there is no pending Complaint by
the Plaintiff which has withstood a Motion to Dismiss dealing with the issue of whether or
not some actions by the Defendant in regard to the non-prosecution agreement could
constitute "abuse of process". Therefore, the Defendant's Motion for Protective Order is
EFTA01114413
Epstein tr. Rothstein, et at.
Case No. 502009CA040800XXXJCMBAC
Order
Page 2
granted and the Objection to production of records is hereby granted, both without
prejudice.
DONE AND ORDERED this da;ofJuly 011 t VVeSt Palm Beach, Palm
Beach County, Florida. 11
DAVID F. CROW
CIRCUIT COURT JUDGE
Copy furnished:
JACK SCAROLA, ESQUIRE, 2139 Palm Beach Lakes Blvd., West Palm Beach, FL 33409
JOSEPH L. ACKERMAN, JR., ESQUIRE, 777 S. Flagler Dr., 901 Phillips Point West, West Palm
Beach, FL 33401
JACK GOLDBERGER, ESQUIRE, 250 Australian Ave. S., Suite 1400, West Palm Beach, FL 33401
MARC NURIK, ESQUIRE, One E. Broward Blvd., Suite 700, Ft. Lauderdale, FL 33301
GARY M. FARMER, JR., ESQUIRE, 425 N. Andrews Ave., Suite 2, Ft. Lauderdale, FL 33301
MARTIN WEINBERG, ESQUIRE, 20 Park Plaza, Suite 1000, Suffolk, MA 02116
EFTA01114414