EFTA00798167.pdf

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JEFFREY EPSTEIN, Petitioner, CASE NO. 4D18-0762 -VS- SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., E.W., and JANE DOE, Intervenors. Respondents APPENDIX TO RESPONSE TO PETITION FOR WRIT OF MANDAMUS PAGE 1. Non-Prosecution Agreement, dated September 24, 2007 A4-17 2. Notice of Appearance, dated November 1, 2017 A18-20 3. Motion for Continuance, dated November 6, 2017 A21-33 4. Defendant Rothstein's Motion to Set Aside Default, dated A34-36 February17, 2010 Attorneys filing appendix: Philip M. Burlington, Esq. Nichole J. Segal, Esq. BURLINGTON & ROCICENBACH, P.A. 444 West Railroad Avenue, Suite 350 West Palm Beach, FL 33401 1 EFTA00798167  CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was furnished by mail to The Honorable Donald W. Hafele, 205 N. Dixie Highway, Room 10.1216, West Palm Beach, FL 33401 and to all counsel on the attached service list, by email, on March 12, 2018. Jack Scarola, Esq. Karen Terry, Esq. David J. Vitale, Jr. Esq. SEARCY DENNY SCAROLA BARNHART & SHIPLEY, P.A. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 and BURLINGTON & ROCICENBACH, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 (561) 721-0400 Attorneys for Res ondents By: /s/ Philip M. Burlington PHILIP M. BURLINGTON Florida Bar No. 285862 By: /s/ Nichole J. Segal NICHOLE J. SEGAL Florida Bar No. 41232 /kbt 2 EFTA00798168  SERVICE LIST Epstein v. Rothstein/Edwards Case No. 4D18-0762 Scott J. Link, Esq. Marc S. Nurik, Esq. Kara Berard Rockenbach, Esq. LAW OFFICES OF MARC S. NURIK Rachel J. Glasser, Esq. One E. Broward Boulevard, Ste. 700 LINK & ROCKENBACH, PA Ft. Lauderdale, FL 33301 1555 Palm Beach Lakes Blvd. Ste. 301 West Palm Beach, Florida 33401 Attorneys for Scott Rothstein Bradley J. Edwards, Esq. EDWARDS POTT1NGER LLC 425 N. Andrews Avenue, Ste. 2 Ft. Lauderdale FL 33301-3268 Attorneys for Jeffrey Epstein Attorneys for Bradley J. Edwards Jack A. Goldberger, Esq. KITERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue S., Ste. 1400 West Palm Beach FL 33401 Attorneys for Jeffrey Epstein 3 EFTA00798169 EN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT rr APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title IS, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in IS U.S.C. § 2423(f), with minor females; in violation Page I of 7 A4 EFTA00798170  of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attaincd the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, of this during the period of the Agreement, Epstein willfully violated any of the conditions Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinemen t discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 A5 EFTA00798171 Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495A2OCXMB) charging one (I) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs I and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 A6 EFTA00798172  proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstcin's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein arc to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 A7 EFTA00798173  sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges First anatential co-conspirators of E stein, including but not limited to Lesley Groff, or Further, upon execution o is agreement and a plea agreement with e tate Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 A8 EFTA00798174  By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. //I /I/ I/ / Page 6 of 7 A9 EFTA00798175  By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he tmderstands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE VILLAFAIZIA ASSISTANT U.S. ATTORNEY Dated: 6/UT'( Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 A10 EFTA00798176  By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non. Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY Dated: Dated: 7/ 2-'flo7 Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Pago 7 of 7 All EFTA00798177  s that the above has been read By signing this agreement, Epstein mats and certifie that he unders tands the conditions of this Non- and explained to him. Epstein hereby states Prosecution Agreement and agrees to compl y with than. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPS Dated: ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 A12 EFTA00798178 IN RE: INVESTIGATION OF JEFFREY EPSTEIN T ADDENDUM TO THE NON-PROSECUTION AGREEMEN ons of page 4, paragraph 7 IT APPEARING that the parties seek to clarify certain provisi after "paragr aph 7"), that agreem ent is modified as of the Non-Prosecution Agreement (herein fol lows: third-party the responsibility 7A. The United States has the right to assign to an independent subjec t to the good faith approv al of Epstein's counsel, selecting for consulting with and, under the Agreement. If the the attorney representative for the individuals identified ndent third-party, both the United States elects to assign this responsibility to an indepe to make good faith objections to the attorney United States and Epstein retain the right indepe ndent third-p arty prior to the final designation of representative suggested by the the attorney represe ntative . the independent third -party 713. The parties will jointly prepare a short written submission to of the attorne y represe ntative and regardi ng Epstein's Agreement to regarding the role custom ary hourly rate for representing pay such attorney representative his or her regular paragra ph C, infra. such victims subject to the provisions of pay the fees of the attorney 7C. Pursuant to additional paragraph 7A, Epstein has agreed to third party. This provision, however, shall not representative selected by the independent costs of contest ed litigati on filed against him. Thus, obligate Epstein to pay the fees and representative elects to file ■ if after consideration of potential settlements, an attorney any other contested contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue pay the costs of the attorney remedy, the paragraph 7 obligation of the Agreement to ry or other obligat ions to pay reasonable representative, as opposed to any statuto of the attorney as those contain ed in s 2255 to bear the costs attorneys fees and costs such representative, shall cease. A13 EFTA00798179  been read and Eps tein ass erts and certifies that the above has By signing this Add end um , s to the Non - tein here by, stat es that he understands the clarification explained to him. Eps agrees to comply with them. Prosecution Agreement and IL ALEXANDER ACOSTA UNDO STATES ATTORNEY By: Dated: A. MARIE VILLAPANA ASSISTANT U.S. ATTORNEY Dated: // 2" f 43— Dated: GERALD LEFCCURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. IN ATTORNEY FOR JEFFREY EPSTE EFTA00798180  By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: / 0/9407 RAW LEFCOCIRTIESQ. COUNSEL TO JEFF Y EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN A15 EFTA00798181  Ey signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby stalea that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: BY: A. MARIE VILLAFAAA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANNSANCHEZ, ESQ: ATTORNEY FOR JEFFREY EPSTEIN A16 EFTA00798182  3051800201 T-066 P 0C3/004 F-976 Da-CT-CT 04:55pet F oe-For I er-ni te Burnett AThrsoation Jeffrey B. Epstein do hereby ro-41Emt the Non-Prosecution Accemerd and Addendum to mint dazed October 30, 2007, A17 EFTA00798183 Filing # 63628489 E-Filed 11/01/2017 04:35:39 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiffs. PLAINTIFF/COUNTER-DEFENDANT'S NOTICE OF APPEARANCE OF CO-COUNSEL, E-MAIL DESIGNATIONS AND DIRECTIONS TO THE CLERK TO UPDATE ATTORNEY INFORMATION Plaintiff/Counter-Defendant, Jeffrey Epstein, hereby gives notice of the appearance of his co-counsel at Link & Rockenbach, P.A. Please direct all pleadings, discovery and orders in this matter to the following counsel: Scott J. Link Link & Rockenbach, P.A. 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach. Florida 33401 Telephone: Facsimile: Primary: Secondary: A18 EFTA00798184  CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on November 1, 2017, through the Court's e-filing portal pursuant to Florida Rule of Judicial Administration 2.516(b)(1). LINK & ROCKENBACH, P.A. 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach Florida 33401 [fax] By: Is/ Scott .1 Link Scott J. Link FBN 602991 Primary: Secondary: Co-Counselfor Plaintiff/Counter-Defendant Jeffrey Epstein SERVICE LIST Jack Scarola Nichole J. Segal Searcy, Denny, Scarola, Barnhart & Shipley, P.A. Burlington & Rockenbach, P.A. 2139 Palm Beach Lakes Boulevard Courthouse Commons, Suite 350 West Palm Beach FL 33409 444 West Railroad Avenue West Palm Beach FL 33401 ter-Plaintiff Co-Counselfor Defendant/Counter-Plaintiff Bradley J. Edwards Bradley J. Edwards Bradley J. Edwards Marc S. Nurik Farmer, Jaffee, Weissing, Edwards, Fistos & Law Offices of Marc S. Nurik Lehrman, P.L. One E. Broward Boulevard, Suite 700 425 N. Andrews Avenue, Suite 2 Ft. Lauderdale FL 33301 Fort Lauderdale FL 33401 Counselfor Defendant Scott Rothstein Co-Counselfor Defendant/Counter-Plaintiff Bradley J. Edwards 2 A19 EFTA00798185 Tonja Haddad Coleman Fred Haddad 315 S.E. Seventh Street, Suite 301 Haddad & Navarro, PLLC Ft. Lauderdale, FL 33301 1 Financial Plaza, Suite 2612 Fort Lauderdale FL 33394 Co-Counselfor Plaintiff/Counter-Defendant Co-Counselfor Plaintiff/Counter-Defendant Jeffrey Epstein Jeffrey Epstein W. Chester Brewer, Jr. Jack A. Goldberger W. Chester Brewer, Jr. P.A. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue S., Suite 1400 250 Australian Avenue S., Suite 1400 West Palm Beach FL 33401 West Palm Beach FL 3 401 Co-Counselfor Plaintiff/Counter-Defendant Co-Counselfor Plaintiff/Counter-Defendant Jeffrey Epstein Jeffrey Epstein A20 EFTA00798186 Filing # 63798617 E-Filed 11/06/2017 12:03:44 PM IN THE CIRCUIT COURT OF THE 1. 1 EENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. PLAINTIFF/COUNTER-DEFENDANT'S MOTION FOR CONTINUANCE OF TRIAL AND TO EXTEND PRE-TRIAL DEADLINES OR, IN THE ALTERNATIVES BIFURCATION OF TRIALS Plaintiff/Counter-Defendant Jeffrey Epstein ("Plaintiff") moves under Rule 1.460 of the Florida Rules of Civil Procedure for a brief 90-day continuance of the special set 10-day trial commencing on December 5, 2017, and to extend the pre-trial deadlines. In the alternative, Plaintiff moves under Rule 1.270 of the Florida Rules of Civil Procedure to bifurcate the trial and limit the first stage of the proceedings to: (i) Plaintiff's case and damages against Defendant Scott Rothstein and (ii) the absence of probable cause element of Defendant/Counter-Plaintiff Bradley J. Edwards' ("Defendant") malicious prosecution claim. BACKGROUND Although this case has been pending since December 2009, in May 2014, this Court granted final summary judgment in Plaintiff's favor. Defendant appealed, and the Fourth District I Counsel for Plaintiff has contacted counsel for Defendant, who opposes this Motion. A21 EFTA00798187 Court of Appeal reversed and remanded in November 2015, with the Mandate issuing in December 2015. The matter was sent to the Florida Supreme Court and, in large part, there were no substantive filings in this case until June 2017, after the Supreme Court declined jurisdiction. Defendant noticed this matter for trial shortly before the Supreme Court's decision and, in July 2017, the Court entered its trial order, special setting a ten-day trial less than five months away. INTRODUCTION The trial should focus on a handful of narrow issues: (1) Plaintiff's damages caused by Rothstein's2 criminal conspiracy; (2) whether Defendant can prove that Plaintiff never had probable cause -- both at the inception of filing suit and throughout the proceeding -- to allege Defendant's connection to Rothstein's criminal activities; (3) whether the proceeding against Defendant concluded with a bona fide termination in his favor; (4) whether Defendant can prove that Plaintiff acted with malice; and (5) whether Defendant was damaged. First, Defendant must have changed his mind about the relevancy of printed or published media about him associating his name with Plaintiff's because, despite an "irrelevant" objection to an interrogatory served in September 2017, Defendant, one month later in October 2017, disclosed a damages expert that focuses on just this type of publication damage. This expert disclosure, changing Defendant's position regarding the discovery sought by Plaintiff from "irrelevant" to "highly relevant," requires that Plaintiff have an opportunity to obtain answers to the discovery Defendant refused to answer, take the deposition of Defendant's expert, obtain a rebuttal expert, and review the claim that more than nine million people read Plaintiff's allegations against Defendant in more than 100 news articles. Florida courts do not condone, nor does Plaintiff believe Defendant's counsel intended, trial by ambush. A brief continuance allows for Defendant 2 The Clerk of this Court entered a default against Rothstein on January 21, 2010. 2 A22 EFTA00798188 to amend the discovery answers and Plaintiff to conduct the necessary discovery as to the new damages claim. Second, it has become clear that Defendant has no intention of litigating the five simple issues listed above. Instead, he intends to re-litigate each of his clients' cases (and other alleged victims' cases) against Plaintiff; return to his prosecutor days and try a criminal case, distracting the jury with inflammatory allegations of sexual misconduct that have nothing to do with the elements of his malicious prosecution claim. The Court should not allow mini-trials of matters that have been concluded or are irrelevant within this one. (See generally Plaintiff's Motion in Limine.) If the Court allows Defendant to pursue this trial strategy, then Plaintiff either needs more time to prepare for trial or the trial should be bifurcated in the manner Plaintiff proposes. PLAINTIFF HEARD THIS COURT LOUD AND CLEAR Following the Court's clear and unambiguous advice at the October 3, 2017, hearing to fortify lead counsel in the preparation and defense of his claim, on October 13, 2017, Plaintiff retained new trial counsel, who appeared in the case on November I, 2017. Plaintiff also retained a team of lawyers from the Gunster law firm as trial support. None of the things Plaintiff is asking for in this Motion is based on lack of manpower. Even using all of these resources, there is still not enough time to get everything that is needed done before the December 5, 2017, trial date. Importantly, Plaintiff and his trial counsel will not seek another continuance. We will be ready to try the case in 90 days. ARGUMENT I. PLAINTIFF NEEDS ADDITIONAL TIME TO PREPARE FOR TRIAL DUE TO EVENTS OUTSIDE OF HIS CONTROL. There are several important tasks that must be addressed before trial. First, Plaintiff needs to identify and hire an expert to address the extent to which Plaintiff's allegations damaged 3 A23 EFTA00798189 Defendant's reputation and the testimony of Defendant's newly disclosed expert who will be testifying on this subject. Second, counsel need to interview the attorney who filed the initial Complaint on Plaintiff's behalf and review his files. Third, Defendant claims he may call more than 150 witnesses at trial, but only a handful of those witnesses have been deposed, and Plaintiff's counsel need time to ask the Court to have Defendant identify the witnesses who will actually be called at trial so Plaintiff can determine if their depositions are necessary, and to conduct the depositions. Fourth, Defendant has, to date, not produced crucial evidence subject to Plaintiff's Motion to Compel and Plaintiff's counsel cannot properly prepare for trial until the Court rules. For example, Defendant has only disclosed the anticipated testimony of 21 of the 159 witnesses he identified on his Witness List and provided incomplete contact information (i.e., he only provided physical addresses, not e-mail addresses or telephone numbers). In addition, Defendant has not provided relevant and important information about his damage claim and relevant information about his expert's recently provided report. As will be explained in Plaintiff's Supplemental Motion to Compel, this information and the documentation are necessary to defend against Defendant's Fourth Amended Counterclaim. Finally, substantive motions, which will direct the path the trial will take, need to be resolved by the Court, but the hearing on those motions is currently set only a few days before the trial is to commence. It is difficult for Plaintiff to properly prepare for trial without knowing which case will be tried. Generally, a motion for continuance has three requirements: it must be in writing, it must be signed by the movant, and it must state all of the facts that entitle the movant to a continuance. Fla. R. Civ. P. 1.460. See also Fla. R. Jud. Admin. 2.545(e) ("Continuances should be few, good cause should be required, and all requests should be heard and resolved by a judge."). This motion 4 A24 EFTA00798190 satisfies these requirements and Plaintiff has made this request in good faith. The Court should grant the motion in the interest of justice. a. Experts Throughout the pendency of this litigation, Plaintiff has served multiple discovery requests to determine how Defendant's reputation was damaged and how he suffered monetarily. On October 20, 2017, Defendant served his expert's untimely report' which revealed that Defendant's expert relies on the same type of documents Defendant early claimed were "irrelevant." Because of this new development, Plaintiff needs to obtain the discovery Defendant objected to as irrelevant, retain a rebuttal expert witness and have the expert prepare a report. Specifically, in interrogatories, Plaintiff asked Defendant about his use of Plaintiff's name to promote his practice and the evidence Defendant intended to rely on to prove damage to his reputation. Defendant responded that the requests were "irrelevant": 34. Please describe in detail and identify with specificity every social media outlet, website, blog, printed materials, seminar materials, or any other printed or published media on which you, your law firm, or any association with which you are affiliated has ever advertised, references, or otherwise places the name of Jeffrey Epstein, and include a detailed description and the date(s) of each and every such reference, advertisement, placement, publication, dissemination, or promotion, identify the persons or groups of persons to whom the same was made, and state the locations where made, and state whether or not the materials used in connection with such reference, advertisement, placement, publication, dissemination, or promotion are in your possession or control, or are Pursuant to the Court's July 20, 2017, Order Specially Setting Jury Trial, the parties were required to disclose 60 days prior to trial (i.e., by October 6, 2017) expert witnesses along with (1) the subject matter about which the expert is expected to testify; (2) the substance of the facts and opinions to which the expert is expected to testify; (3) a summary of the grounds for each opinion; (4) a copy of any written report; and (5) the expert's curriculum vitae. Defendant, however, did not provide his expert's report to Plaintiff until October 20, 2017 — two-weeks after the deadline to do so. 5