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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
IN RE:
ROTHSTEIN ROSENFELDT CASE NO. 09-34791-BKC-RBR
ADLER, P.A. CHAPTER 11
Debtor.
MOTION FOR SANCTIONS
The Movant, Jeffrey Epstein, ("Esptein") by and through his undersigned representative
and pursuant to the Federal Rule of Civil Procedure 37, moves this Court to impose sanctions
relating to a subpoena served on the bankruptcy trustee in the above matter. The grounds for his
motion are as follows:
I. FACTUAL BACKGROUND
A. On April 16, 2010, ten months ago, Epstein's counsel issued a subpoena to be
served on the trustee for Rosenstein Rosenfeldt & Adler, P.A. ("RRA") for
records relating to his claims against Scott Rothstein, and Bradley J. Edwards. A
copy of the subpoena is attached as Exhibit "1".
B. No objection either in state or Bankruptcy Court, to the issuance of this subpoena
or scope was ever made by counsel for Rothstein or Edwards, prior to this Court
determining its jurisdiction on May 18, 2010. In fact, counsel for Edwards
requested copies of the records on April 27, 2010, a week after it was issued. A
copy of the Request by Edwards' counsel for records is attached as Exhibit "2".
C. On May 18, 2010, this Court granted the trustee's motion seeking a protective
order and establishing production protocol for all records subpoenaed by any
party or requested from the trustee for RRA. (D.E. 672) A copy of that Order is
attached as Exhibit "3".
Among other things, this Order provided that it was:
"To govern any demand subpoena or request for production of
RA's electronically stored documents".
In addition the "court retained jurisdiction with respect to all
matters arising from or relating to the implementation or
interpretation to this Order".
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CASE NO. 09-34791-BKC-RBR
In re: Rothsten Rosenfeldt Adler, P.A.
Epstein's Motion for Sanctions
D. On July 14, 2010, Epstein filed a Motion to Compel Production of Documents
previously subpoenaed from the trustee. (D.E. 807)
E. On July 19, 2010, a client of Bradley J. Edwards and the former firm of RRA
filed a Motion for Protective Order requesting protection on the grounds that all
of the documents subject to the subpoena were protected by attorney-client work
product privilege. The motion also sought to prevent production of any document
even though the subpoena on its face asked for records which were clearly not the
subject of a privilege. (D.E. 818)
F. An Amended Motion for Protective Order was filed on behalf of■ on July 19,
2010 essentially asserting the same grounds. (D.E. 819)
G. On August 4, 2010, this Court conducted a hearing on all of the aforesaid motions
and entered an order on August 13, 2010 appointing a special master, requiring
the special master to obtain the documents and prepare a privilege log and to
determine the applicability of a claimed privilege. (D.E. 888) A copy of this
Order is attached as Exhibit "4".
H. On September 20, 2010, the Special Master, the Honorable Robert Carney, filed a
Motion to Clarify seeking among other things assistance from the Fanner Jaffee
firm to assist in the preparation of the Privilege Log. (D.E. 1013)
1. On September 27, 2010, prior to the hearing on the Special Master's Motion for
Clarification, another Motion for Protective Order was filed by Bradley J.
Edwards now the third such motion seeking protection from the documents
requested. (D.E. 1022)
J. On October 13, 2010, this court conducted a hearing on the Motion for
Clarification and the Motion for Protective Order. On October 15, 2010 the Court
entered another order granting the Motion for Clarification which allowed the
privilege log to be prepared by Farmer Jaffee, and required that it be done within
thirty (30) days of the Order, i.e. on or before November 14, 2010. (D.E. 1120) A
copy of the Order is attached as Exhibit "5".
K. On November 2, 2010, II and Edwards filed another Motion asking Jeffrey
Epstein to pay the costs of bate-stamping and production of the records needed for
the preparation of the privilege log. (D.E. 1120) An Agreed Order was entered on
November 30, 2010 whereby Fowler White would bate-stamp and copy the
records needed to be copied from the privilege log which initially was represented
to be 74,000 documents but instead was only 24,000. (D.E. 1194) That order also
gave Farmer Jaffee an extension of time to prepare a log on emails by December
15, 2010 with the balance of the log due December 30, 2010. A copy of the Order
is attached as Exhibit "6".
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CASE NO. 09-34791-BKC-RBR
In re: Rothsten Rosenfeldt Adler, P.A.
Epstein's Motion for Sanctions
L. On December 16, 2010, ■ sought an emergency hearing and a stay of the
Court's Order directing the privilege log. (D.E. 1236) That motion alleged that
before a privilege log should be prepared, the Motion for Sununary Judgment
presently pending before Judge Crow should be heard, which was filed on
September 22, 2010. Clearly this requested relief to stay pending the Motion for
Summary Judgment could have been raised earlier. In addition, Edwards advised
the court that they had filed a Motion to Stay the issuance of the subpoena in state
court (D.E. 1197) pending the Motion for Summary Judgment hearing. On
December 22, 2010, the court granted an enlargement of time of up to January 31,
2011 for the preparation of the privilege log. (D.E. 1260) A copy of that Order is
attached as Exhibit "7".
M. On January 11, 2011, Judge Crow entered an Order Denying Edwards' Motion for
Summary Judgment citing among other grounds the need for continued discovery
including the preparation of the privilege log and the in-camera review of such
documents. A copy of that Order is attached as Exhibit "8".
N. On January 31, 2011, Judge Crow denied the Motion to Stay the issuance of the
subpoena and the preparation of the privilege log, and decline to interfer with this
Court's Orders requiring a privilege log. A copy of that Order is attached as
Exhibit "9".
O. On or about January 26, 2011, Farmer, Jaffee and Edwards served what they
claimed to be a privilege log. To date, it has not been filed with this Court. A
copy of the Privilege Log is attached as Exhibit "10". Clearly the privilege log
does not comport with the requirements of Federal and State law for the
preparation of a privilege log. See: TIG Insurance Corporation of America, 799
So. 2d 339, (Fla. 41b DCA 2001) and cases cited therein.
H. ARGUMENT
Within one month of the issuance of the subpoena by Epstein for records from the trustee,
this Court entered an order determining the document production protocol for records to be
produced by subpoena or other means from the trustee of RRA's electronically stored
information. No intervening motion relating to the scope or subject matter of the subpoena were
filed by Edwards prior to this Court assuming jurisdiction. Since any and all motions for
protective order filed on behalf of fl Edwards, Farmer Jaffee ("Edwards, et al.") relating to
has
the subpoena have been filed after the entry of this order and before this Court, this Court
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CASE NO. 09-34791-BKC-RBR
In re: Rothsten Rosenfeldt Adler, P.A.
Epstein's Motion for Sanctions
jurisdiction over all matters relating to the Trustee's obligations to produce records. In re:
American Southern Pub. Co., 426 F. 2d 160, 163 (C.A. Ala. 1970). (bankruptcy courts have
summary jurisdiction to adjudicate controversies relating to property over which they have actual
or constructive possession).
Since Epstein's Motion to Compel was heard on August 4, 2010, this Court has entered
no less than four (4) orders directing Edwards, et al. to prepare a privilege log. Further, as the
record demonstrates, each time a deadline was coming up to produce the log, additional motions
for protective order or stay were filed and heard by this court. Edwards, et al. further sought to
delay the preparation of a privilege log pending a ruling by the state court on a motion for
summary judgment, which has been denied.
It was not until November 30, 2010 that Edwards filed a motion to challenge the
subpoena in state court. Notice of this motion was given to this Court on December 3, 2010 and
was subject to argument before this Court on a Motion to Enlarge the Time for a Privilege Log
which was heard on December 21, 2010 and resulted in an extension of time through January 31,
2011. Even though counsel could have obtained earlier hearing time, Edwards decided to wait
until January 27, 2011, three days before the deadline for the submission of the privilege log to
ask Judge Crow to stay the issuance of the subpoena in effect, which would then have the effect
of circumventing the Orders of this Court and their deadlines. Judge Crow declined to enter such
stay.
What is apparent is a calculated effort by Edwards, et al. to circumvent or vitiate this the
orders of this Court requiring a privilege log.
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CASE NO. 09-34791-BKC-RBR
In re: Rothsten Rosenfeldt Adler, P.A.
Epstein's Motion for Sanctions
The actual prejudice and impact on Epstein by this wilful and continued non-compliance
with this Court's many orders is measurable. In financial terms, Epstein has spent thousands of
dollars in attorney's fees for rehashing and revisiting the same meritless arguments of Edwards
relating to this subpoena. In addition, Epstein volunteered to pay the fees of a special master so
that an in-camera hearing and privilege log could be reviewed without burdening the trustee and
his counsel. Through December 31, 2010, Epstein has paid the Special Master $12,731.90.
Epstein will shortly provide this court with a fee and cost affidavit to liquidate these sums.
In non-economic terms, Epstein has been prejudiced because he has not been able to
conduct critical discovery necessary for the prosecution of his claims. If the Court reviews the
subpoena, it can be readily determined that all paragraphs request information that on their face
do not require attorney-client or other privileged information with the exception of paragraph
four. The documents within paragraph four may be privileged or may not depending on the
subject matter of the communication which is why the privilege log is required. Records
requested that are clearly not privileged were initially sought so that they could be reviewed to
prepare for depositions. It does not make practical sense to take the depositions of witnesses,
some of whom are out-of-state of Florida without the production of these records. Edwards has
attempted to move the case in state court to trial or summary judgment before Epstein has had an
adequate opportunity to conduct significant discovery. The state court proceedings have had to
have been continued on two separate occasions due to the inability of Epstein to obtain this basic
discovery.
It has already been well established that Rothstein ran an illegal Ponzi scheme through
RRA. It is also been established that the Ponzi scheme included attracting investors to invest in
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CASE NO. 09-34791-BKC-RBR
In re: Rothsten Rosenfeldt Adler, P.A.
Epstein's Motion for Sanctions
the litigation against Jeffrey Epstein. It has further been established that actual case files of RRA
against Jeffrey Epstein were shown to these investors. It is very difficult to believe that the
attorney in charge of prosecuting the civil cases against Epstein was not aware that his case files
were being shown to outside investors or was not aware that his cases against Epstein were the
subject of a Ponzi scheme. The records requested in this subpoena are clearly relevant to
establishing those claims.
If a party disobeys a court order requiring the production of documents or the preparation
of a privilege log, the court may enter such orders that are just, including sanctions enumerated
in Federal Rules of Civil Procedure 37(b)(2). Sanctions may be granted against a party under
Rule 37 if there is not compliance with a court order, notwithstanding a lack of wilfulness or bad
faith, although such factors arc relevant to the sanctions imposed. See: In Re: Seroquel Products
Liability Litigation, 244 FRD 650, 656 (M.D. Fla. 2007), cited in II & I Corp. v. Advanced
Medical Design, Inc., 251 FRD 667 (M.D. Fla. 2008). For the purposes of Rule 37, an
incomplete response is to be treated as a failure to respond. Fed.R.Civ.P. 37(a)(3).
Rule 37 authorizes court to impose the following sanctions:
1. an order that facts in dispute be taken to be established in the favor of the parties
seeking the motion, i.e. determination that privilege claims are waived;
2. an order precluding the party refusing to comply with the order from opposing or
presenting evidence in opposition of the movant's claim, and
3. an order striking the offending party's pleading.
Fed.R.Civ.P. 37(b)(2). The Court may also order, in lieu of or in addition to these
sanctions, that the party pay the reasonable expenses, including attorney's fees, caused by the
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CASE NO. 09-34791-BKC-RBR
In re: Rothsten Rosenfeldt Adler, P.A.
Epstein's Motion for Sanctions
failure to comply, unless the Court finds that the failure was substantially justified or that other
circumstances make such an award unjust.
Rule 37 sanctions are imposed not only to prevent unfair prejudice to litigants but also to
insure the integrity of the discovery process. Aztec Steel Company v. Florida Steel Corp., 691
Fed. 2d 480, 482 (11th Cir. 1982).
Here the record demonstrates beyond dispute the following facts in support of a Motion
for Sanctions:
1. Issuance of a subpoena for records directed towards the bankruptcy trustee;
2. Prior to the determination and assumption of jurisdiction by this court, no
objection to the subpoena in state court or a motion for protective order in state
court;
3. The filing of six (6) motions for protective order, essentially arguing the same
grounds that the subpoena should not be enforced, attorney-client privilege, work
product privilege, and over breadth and irrelevant matters within the subpoena;
4. Four (4) orders by this court still requiring the preparation of a privilege log and
the production of non-privilege records, inspite of six (6) motions for protective
orders;
5. An effort to circumvent this court's order by requesting the state court to stay the
subpoena for which these court's orders had already been entered;
6. The passage of a deadline without substantial compliance of this court's order an
appropriate privilege log;
The record demonstrates beyond dispute that Epstein incurred unnecessary expenses and
delays in attempting to obtain compliance from Edwards, et al. of the orders by this court. Since
August 13, 2010, when the court first required the privilege log, six (6) months have passed and
to
still no proper privilege log has been prepared. Epstein is entitled to an issuance of an order
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CASE NO. 09-34791-BKC-RBR
In re: Rothsten Rosenfeldt Adler, P.A.
Epstein's Motion for Sanctions
show cause why Edwards, et al. should not be held in contempt, the imposition of monetary
sanctions, and any other relief deemed appropriate by this Court.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 15th day of February 2011, 1 electronically filed the
foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing
document is being served this day via U.S. Mail and e-mail on Jack Scarola, Esquire, Seth
Lehrman, Esquire and Special Master, Robert B. Carney and upon all counsel of record or pro se
parties identified on the attached Service List in the manner specified, either via transmission of
Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those
counsel or parties who arc not authorized to receive electronically Notices of Electronic Filing.
/s/ Joseph L. Ackerman, Jr.
Joseph L. Ackerman, Jr.
Fla. Bar No. 235954
Ronald G. Neiwirth
Fla. Bar No. 152175
FOWLER WHITE BURNETT, P.A.
901 Phillips Point West
777 South Flagler Drive
West Palm Beach Florida 33401
Telephone:
Facsimile:
W:UPY/43VAOTSAN75-JLA do=
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Case 09-34791-RBR Doc 1442 Filed 02/15/11 Page 9 of 15
MASTER SERVICE LIST
Marianella Morales, Esquire
Authorized Agent For Joining Creditors
Avenida Francisco de Miranda Assistant United States Attorney
Torre Provincial "A" 99 N.E. 4th Street, 7th Floor
Piso 8 Miami. Florida 33132
Caracas, Venezuela
(VIA CM/ECF)
(VIA CM/ECF)
John H. Genovese, Esq.
Robert F. Elgidely, Esq. Jeffrey R. Sonn, Esq.
Theresa M.B. Van Vliet, Esq. Sonn & Erez, PLC
Genovese Joblove & Battista, PA Broward Financial Center
Bank Of America Tower at International Place 500 E. Broward Boulevard Suite 1600
100 S.E. 2nd Street, Suite 4400 Fort uderdalc Florida 33394
Miami, Florida 33131
(VIA CM/ECF) (WA CM/ECF)
Kendall Coffey, Esq. Office of the US Trustee
Coffey Burlington, 51 Southwest First Avenue
Office in the Grove Suite 1204
Penthouse Miami, Florida 33130
2699 South Bayshorc Drive (VIA CM/ECF)
Miami, Florida 33133
Thomas Tew, Esq.
(VIA CM/ECF) Tew-Cardenas, LLP
Four Seasons Tower
The Honorable Herbert M. Stettin 15th Floor
One Biscayne Tower 1441 Brickell Avenue
Suite 3700 i Fl r'd 33131-3407
Two South Biscayne Boulevard
Miami, Florida 33131 (VIA CM/ECF)
(Via U.s. Mail)
Conrad & Scherer, LLP
John G. Bianco, Esq. 633 South Federal Highway
John M. Multi, Esquire Fort Lauderdale FL 33301
Tripp Scott
110 Southeast Sixth Street
Fifteenth Floor (VIA CM/ECF)
Fort Lauderdale. Fl. 33301
(VIA CM/ECF)
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Michael D. Seese, Esq.
Hinshaw & Culbertson, LLP Acting U.S. Attorney
1 E Broward Blvd Ste 1010 99 NE 4th Street
Ft Lauderdale. Florida 33301 Miami, Fl 33132
(Via U.S. Mail)
(VIA CM/ECF)
Daniel Mink
Internal Revenue Service Ovadia Levy
Centralized Insolvency Operations do Renato Watches, Inc
P.O. Box 21126 14051 NW 14th Street
Philadelphia, PA 19114 Sunrise, Florida 33323
(Via U.S. Mail) (Via U.S. Mail)
Internal Revenue Service William George Salim, Jr.
Special Procedures - Insolvency Moskowitz Mandell & Salim
7850 SW 6th Court 800 Corporate Dr Ste 510
Plantation, FL 33324 Fort Lauderdale. Florida 33334
(Via U.S. Mail)
(VIA CM/ECF)
Special Asst. U.S. Attorney
P.O. Box 9, Stop 8000 USI
51 SW 1st Avenue, #1114 Attn: Anthony Gruppo
Miami, Fl 33130 200 West Cypress Creek Road
(Via U.S. Mail) Suite 500
Fort Lauderdale, FL 33309
United Healthcare
Dept. CH 10151 (Via Email)
Palatine, IL 60055
(Via US Mail) Marc Nurik, Esq.
1 East Broward Blvd
Special Asst. U.S. Attorney Suite 700
IRS District Counsel imLat
Fort ili s FL 33301
WOO S. Pine Island Rd., Ste 340
Plantation, FL 33324-3906 (Via Email)
(Via U.S. Mail)
BAST AMRON LLP
The Honorable Eric H. Holder, Jr. SunTrust International Center
Attorney General of the U.S. One Southeast Third Avenue
950 Pennsylvania Avenue, NW Room 4400 Suite 1440
Washington, DC 20530-0001 Miami, Florida 33131
(Via U.S. Mail) om
(VIA CMJECF)
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Mark Bloom, Esq. The Florida Bar
John B. Hutton, Esq. Adria E. Quintela, Esq.
Greenberg Traurig, LLP Alan Anthony Pascal, Esq.
1221 Brickell Avenue Lake Shore Plaza II
Miami, FL 33131 1300 Concord Terrace, Suite 130
Sunrise, FL 33323
(WA CM/ECF)
(VIA CM/ECF)
Robert D. Critton, Esq.
Burman, Critton, Luttier & Coleman Micheal W. Moskowitz, Esq.
303 Banyan Blvd., Suite 400 800 Corporate Drive, Suite 500
West Palm Beach. FL 33401 Ft. Lauderdale, FL 33234
(VIA CM/ECF) (VIA CM/ECF)
Roth & Scholl Francis L. Carter, Esq.
Attn: Jeffrey C. Roth, Esq. Katz Baron Squitero Faust
Attorneys For Creditor Blue 2699 S. Bayshore Drive, 7th Floor
Capital Us East Coast Properties, L.P. Miami, Florida 33133
866 South Dixie Highway
Coral Gables, Fl 33146 (VIA CM/ECF)
(VIA CM/ECF) Bradley S. Shraiberg, Esq.
2385 NW Executive Drive
Rogers, Morris & Ziegler, LLP Suite 300
1401 East Broward Blvd Boca Raton, Florida 33431
Suite 300
Fort Lauderdale, FL 33301 (VIA CM/ECF)
(VIA CM/ECF) Henry S. Wulf, Esq.
CARLTON FIELDS, P.A.
Arthur C. Neiwirth, Esq. 525 Okeechobee Blvd., Suite 1200
One E. Broward Blvd., Suite 1400 West Palm Beach. Florida 33401
Ft. Lauderdale. FL 33301
(VIA CM/ECF)
(VIA CM/ECF)
EMESS Capital, LLC
do Bruce A. Katzen, Esq.
201 S. Biscayne Blvd., 17th Floor
Miami. Florida 33131
(VIA CM/ECF)
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Leon County Tax Collector Roderick F. Coleman, Esq.
315 S. Calhoun Street, Suite 210 400 South Dixie Highway, Suite 121
Tallahassee, FL 32301 Boca Ratc ilia.
(Via US Mail)
(VIA CM/ECF and EMAIL)
Miami-Dade County Tax Collectors
140 West Flagler Street, 14th Floor Mark S. Halizman, Esq.
Miami, FL 33130 Lamm Rubenstone, LLC
(Via US Mail) 3600 Horizon Blvd, Suite 200
Tr
sailla mm
Palm Beach County Tax Collector
P.O. Box 3715 (VIA CM/ECF and EMAIL)
West Palm Beach, FL 33402-3715
(Via US Mail) Robert C. Buschel, Esq.
100 S.E. Third Ave, Suite 1300
THE LAW OFFICES OF Fort Iauderdale, FL 33394
GEOFFREY D. ITTLEMAN, P.A.
440 North Andrews Avenue (VIA CM/ECF and EMAIL)
Fort Lauderdale, Florida 33301
(Via US Mail) Berkowitz Dick Pollack & Brant
Certified Public Accountants & Consultants, LLP
Carpenter & Berger, PL 200 S Biscayne Boulevard, Sixth Floor
6400 N. Andrew Ave, suite 370 Miami, FL 33131-2310
Fort Lauderdale, FL 33309 Attn: Richard Pollack
(Via US Mail) (Via Email and U.S. Mail)
Frank F. McGinn, Esq. MELAND RUSSIN & BUDWICK, P.A.
Bartlett Hackett Feinberg, P.C. 3000 Wachovia Financial Center
155 Federal Street, 9th Floor 200 South Biscayne Boulevard
Boston, MA 02110 Miami, Florida 33131
(VIA CM/ECF and EMAIL)
Darol H. M. Carr, Esq.
99 Nesbit Street Attr
iaill.li Bu •
Punta Gorda, FL 33950
[email protected] (VIA CM/ECF and EMAIL)
(VIA CM/ECF and EMAIL)
Gary S. Blake, Esq.
Jane A. Bee, Esq. 1499 W. Palmetto Park Rd, Suite 300
Blank Rome LLP B Rat 486
130 North 18th Street
Philadel hia PA 19103-6998 (VIA CM/ECF and EMAIL)
(VIA EMAIL)
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Melinda S. Thornton, Esq. Maryann Gallagher, Esq.
Assistant County Attorney CURTIS, MALLET-PREVOST,
County Attorney's Office COLT & MOSLE LLP
2810 Stephen P. Clark Ccntcr 101 Park Avenue
1 1 1 N.W. First Street New Yor lib Y•81.1
Miami, Fl 33128-1993 E-mail:
Email: (Via Email and U.S. Mail)
(VIA CM/ECF and EMAIL)
ILEANA CRUZ BONGINI, ESQ.
SLATKIN & REYNOLDS, P.A.
Attorneys for Russell Adler and Katie Adler STEARNS WEAVER MILLER
One East Broward Boulevard, Suite 609 WEISSLER ALHADEFF & SITTERSON, P.A.
Fort Lauderdale. Florida 33301 Coquina Investments
Museum Tower, Suite 2200
150 West Flagler Street
Miami, Florida 33130
ASSOULINE & BERLOWE, P.A. (VIA CM/ECF and EMAIL)
213 East Sheridan Street, Ste. 3
Dania Beach, FL 33004 nard
Attn: Eric N. Assouline E .
Gordon & Rees LLP
(VIA CM/ECF and EMAIL) Four Seasons Tower, 15th Floor
1441 Brickcll Avenue
Steven J. Reisman, Esq. Miami, FL 33131
CURTIS, MALLET-PREVOST, (VIA CM/ECF and EMAIL)
COLT & MOSLE LLP
101 Park Avenue Paul J. McMahon, Esq.
New Yo NY 10178-0061 Paul Joseph McMahon, P.A.
E-mail: 2840 S.W. Third Ave
(Via Email and U.S. Mail) Miami Florida 33129
Turner P. Smith, Esq. (VIA CM/ECF and EMAIL)
CURTIS, MALLET-PREVOST, COLT &
MOSLE LLP Robert P. Avolio, Esq.
101 Park Avenue Crossroads Corporate Center
New York NY 10178-0061 3150 Brunswick Pike, Ste. 120
E-mail: Lawrenceville. NJ 08648
(Via Email and U.S. Mail)
(Via Email and U.S. Mail)
Heather L. Ries, Esq.
Fox Rothschild, LLP Mark S. Shipman, Esq.
222 Lakeview Ave, Suite 700 20 Battcrson Park Road, Suite 120
West Palm B eh Fl 33401 Farmin ton CT 06032
(VIA CM/ECF and EMAIL) (Via Email and U.S. MaiL)
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Steven J. Solomon, Esq. Peter F. Valori, Esq.
Gray Robinson, P.A. DAMIAN & VALOR' LLP
1221 Brickell Ave, Suite 1600 1000 Brickell Avenue, Suite 1020
Miami, Florida 33131 Miami, FL 33131
E-Mail — E-mail:
(VIA CM/ECF) (VIA CM/ECF)
Canon Financial Services, Inc. CIT Technology Financing Services I, LLC
158 Gaither Drive, #200 10201 Centurion Parkway North
Mount Laurel, NJ 08054 Jacksonville, FL 32256
(Via US Mail) (Via US Mail)
Gibraltar Private Bank & Trust Company Inter-Tel Leasing, Inc.
220 Alhambra Circle, Suite 500 1140 West Loop North
Coral Gables, FL 33134 Houston, TX 77055
(Via US Mail) (Via US Mail
Florida Department of Revenue Ira Sochet, Trustee
501 S. Calhoun Street Revocable Intervivos Trust of Ira Sochet
Room 201 do Phil Hudson, Esq.
Carlton Building 200 South Biscayne Blvd, Suite 3600
Tallahassee, FL 32399 Miami, Florida 33130
(ViA US Mail) E-Mail:
(VIA CM/ECF)
Coquina Investments
do Patricia A. Redmond, Esq. Michael I. Goldberg, Esq.
150 West Flagler Street, Suite 2200 Las Olas Centre - Suite 1600
Miami, Florida 33130 350 East Las Olas Blvd
E-Mail: Fort Lauderdale FL 33301
(WA CM/ECF) E-Mail:
LMB Funding Group (VIA CM/ECF
c/o Robert C. Furr, Esq.
2255 Glades Road, Suite 337W Lawrence A. Gordich, Esq.
Boca Raton Florida 33431 Melissa Alagna, Esq.
E-Mail: SEGALL/GORDICH P.A.
(WA CM/ECF) 801 Brickell Avenue, Suite 900
Miami, Florida 33131
Broward County - Attn: Hollie N. Hawn, Esq. Email:
Government Center Email:
115 South Andrews Avenue (WA CM/ECF)
Fort Lauderdale FL 33301
E-Mail:
(VIA CM/ECF)
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Jack Scarola, Esquire
Searcy Denney, Scarola & Barnhart & Shipley
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
(VIA U.S. MAIL)
Hon. Robert B. Carney (ret), Special Master
2281 Saratoga Lane
West Palm Beach, FL 33409
(VIA U.S. MAIL)
Seth Lehrman, Esquire
Farmer, Jaffee, Weissing, Edwards,
Fistos & Lehrman, P.A.
425 North Andrews Avenue, Suite 2
Fort Lauderdale, FL 3301
(VIA U.S. MAIL)
EFTA01069322
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN AND
FOR PALM BEACH COUNTY, FLORIDA
JEFFREY EPSTEIN Complex Litigation, Fla. R. Civ. Pro.1201
Plaintiff, Case No. 60 2009CA040800XXXXMB AG
v.
SCOTT ROTHSTEIN, Individually,
BRADLEY J. ED DS,
Individually, and Individually,
Defendants.
MENTS ONLY
SUBPOENA DUCES TECUM FOR DEPOSITION - DOCU
THE STATE OF FLORIDA
nfeldt Adler, PA
TO: Herbert Stettin, Trustee In Bankruptcy for Rothstein Rose
CIO James C. Cunningha m, Jr., Esq.
Berger SIngerrnan, P.A.
200 South Biscayne Blvd., Suite 1000
Miami, FL 33131
101 NE 3ri Avenue,
YOU ARE COMMANDED to appear at Prose Court Reporting, bring with you the
19, 2010, 4:00 p.m.,
Suite #1500, Ft. Lauderdale, FL 33301, on May
following:
See attached Exhibit A
If you fail to appear, you may be in contempt of court.
on this subpoena and unless
You are subpoenaed by the attorney whose name appears
you y,.II respond to this subpoena as
excused from this subpoena by the attorney or the Court,
directed.
DATED this 161^ day of April, 2010.
BY: L
E CRITT ON, JR., ESQ.
For the Court
CRITTON, JR
( ttorne ys for Defendant Jeffrey Epstein)
Burman, Crttton, Luttler & Coleman
303 Banyan Blvd., Suite 400
West Palm Beach, FL 33401
561-842-2820
EXHIBIT
EFTA01069323
EXHIBIT A
DEFINITIONS AND INSTRUCTIONS
A. "Document" means any written or graphic matter or other means of
preserving thought or expression, and all tangible things from which information can be
processed or transcribed, including the originals and all non-identical copies, whether
different from the original by reason of any notation made on such copy or otherwise,
including, but not limited to, correspondence, memoranda, notes, messages, letters,
purchase orders, telegrams, teletype, telefax bulletins, e-mails, electronic data,
meetings, reports, or other communications, interoffice and Infra-office telephone calls,
diaries, chronological data, minutes, books, reports, charts, ledgers, invoices,
worksheets, receipts, returns, trade information regarding fabric, carpets, samples
etc..., computer printouts, prospectuses, financial statements, schedules, affidavits,
contracts, cancelled checks, transcripts, statistics, surveys, magazine or newspaper
articles, releases (and any and all drafts, alterations and modifications, changes and
amendments of any of the foregoing), graphs or aural records or representations of any
kind, including, without limitation, photographs, charts, graphs, microfiche, microfilm,
video tape, recordings, motion pictures and electronic, mechanical or electric recordings
or representations of any kind (including, without limitation, tapes, cassettes, discs and
recordings), and including the file and file cover.
The term "Document" also means any and all computer records, data, files,
directories, electronic mail, and information of whatever kind whether printed out or
stored on or retrievable from floppy diskette, compact diskette, magnetic tape, optical or
magnetic-optical disk, computer memory, hard drive, zip drive, Jaz drive, orb drive,
2
EFTA01069324
microdisk, external memory stick, software, or any other fixed or removable storage
media, including without limitation, all back-up copies, dormant or remnant files, and any
and all miscellaneous files and/or file fragments, regardless of the media on which they
reside and regardless of whether the data consists in an active file, deleted file, or file
fragment.
B. "Communication? means any oral or written statement, dialogue,
colloquialism, discussion, conversation or agreement.
C. "Plaintiff' means M. v. Jeffrey Epstein, Palm Beach County
Case #502008CA02805OOO0CMB), aff. v. Jeffrey Epstein, Palm Beach
County Case #502008CA028058XXX<MB), Jane Doe./ (Jane Doe v. Jeffrey Epstein,
United States District Court Case #08-civ-80893-Marre/Johnson), and any other
person who Is or was represented by Rothstein Rosenfeldt & Adler that has not
yet filed an action against Jeffrey Epstein, and any employee, agent or attorney for
any plaintiff and/or any other person acting for or on behalf of any plaintiff, or under her
authority and control.
D. "RFtA" means Rothstein Rosenfeldt & Adler, P.A.
E. 'Money" means any tangible thing of value.
F. "Costs" include, but are not limited to, court costs, filing fees, Sheriff's
service and any other necessary service of legal papers or notices or subpoenas, court
reporters' charges, long distance telephone charges, postage, courier services or
Federal Express or UPS, investigative costs, photocopies, faxes, Westlaw computerized
research, travel expenses, and witness fees and expert witness fees and costs.
1 If you are unable to identity each Plaintiff, please contact Robert D. Clifton, Jr. at their names will be
provided pursuant to a confidentiality agreement
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EFTA01069325
G. "Trustee" means Herbert Stettin as bankruptcy trustee for RRA.
DUCES TECUM2
1. For the time period from March 1, 2009 to present, any and all documents
between, or on behalf of RRA, its employees or agents or clients, and any third party
regarding a purported settlement of any litigation between Jeffrey Epstein and a RRA
client or Plaintiff, or the financing of any litigation between Jeffrey Epstein and a RRA
client or Plaintiff, (whether existing clients or fabricated clients), including but not limited
to:
a. Documents indicating that litigation with Jeffrey Epstein has been
settled;
b. Soliciting or receiving money in return for settlement funds allegedly
paid or to be paid by Jeffrey Epstein;
c. Soliciting money to help finance ongoing litigation against Jeffrey
Epstein;
d. Soliciting money to be given to, or used on behalf of, the Plaintiffs
In litigation against Jeffrey Epstein;
e. Communication between third party Investors or potential investors
and the Plaintiffs or their attorneys Involved in litigation against
Jeffrey Epstein;
f. Payments made by RRA to or on behalf of any Plaintiff.
2. My and all fee agreements that exist or have existed between the
following:
a. My Plaintiff and Bradley J. Edwards or any entity with which he
has been associated;
b. Any Plaintiff and the law firm RRA.
3. All emails, data, correspondence, memos, or similar documents
between Bradley J. Edwards, Scott W. Rothstein, William Berger and Russell Adler
and/or any attorney or representative of RRA and any Investor or third party (person or
entity) regarding Jeffrey Epstein or which mentions Jeffrey Epstein (Including Mike
Fisten, Kenneth Jenne, Patrick Roberts or Rick (Rich) Fandrey).
4. All emails, data, correspondence, memos, or similar documents between
Bradley J. Edwards, Scott W. Rothstein, and/or any attorney or representative of RRA
regarding Jeffrey Epstein or which mentions Jeffrey Epstein (including Mike Fisten,
Kenneth Jenne, Patrick Roberts or Rick (Ric- ) Fandrey).
2 Due to the potential volume of documents involved, the parties and the Court should consider
appointment of a special master and/or an In camera Inspection to address any objections, claims of
Privilege and generally manage the production of documents.
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EFTA01069326
5. All agreements or documents of any nature which were provided to or
received from an investor or potential investor relating to any case (real or fabricated)
Involving Jeffrey Epstein and any of the following:
a. Scott W. Rothstein;
b. Bradley J. Edwards;
c. RRA;
e. any entity formed by RRA or Bradley J. Edwards or Scott W.
Rothstein to create Investment opportunities for third party
investors to Invest in any plaintiffs case against Jeffrey Epstein.
6. All fee sharing agreements between Bradley J. Edwards, RRA, or Scott
W. Rothstein and/or any other attorney or Investor relating to any aspect of any
Plaintiffs case.
7. All documents made available to any investor or potential investor by
Bradley J. Edwards, RRA, Scott W. Rothstein or any of Scott W. Rothstein's entitles to
solicit investors* for any case involving Jeffrey Epstein.
8. All document reflecting the names and addresses of all individuals or
entities who invested or purported to invest in any aspect of any case against Jeffrey
Epstein.
9. All documents evidencing payment of any bill or cost in each Plaintiffs
case against Jeffrey Epstein. and the source(s) for said payments of any Costs.
10. All documents wherein the Trustee of RRA has asserted a lien for
attorney's fees or Costs arising out of work done and Costs Incurred related to the
Plaintiffs' cases during the time Plaintiffs' cases were represented by RRA.
11. All documents and tangible things retrieved from the trash at 358 El Brillo
Way, Palm Beach, Florida which Is alleged to be the home of Jeffrey Epstein.
12. All conversations recorded from any telephones which purported to be that
of Jeffrey Epstein that are contained In any media (audio tapes, CDs, DVDs, zip drives,
hard drives or any other electronic format and any written transcriptions)
13. All conversations recorded from any telephones which purported to be
from Jeffrey Epstein's attorneys including Roy Black, Alan Dershowltz or Jack
Goldberger, that are contained in any media (audio tapes, CDs, DVDs, zip drives, hard
drives or any other electronic format and any written transcriptions)
14. All Intercepted phone conversations authorized by RRA including but not
limited to any one of its attorneys or investigators or anyone retained by or working for
RRA related to Jeffrey Epstein that are contained in any media (audio tapes, CDs,
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EFTA01069327
onic format and any written
DVDs, zip drives, hard drives or any other electr
transcriptions).
from Jeffrey
15. All intercepted or acquired electroni
ℹ️ Document Details
SHA-256
24feb7fcd3adfeffd7576d55a1537d56134dc9ccd02eac452fd22a3444aa4d3e
Bates Number
EFTA01069308
Dataset
DataSet-9
Document Type
document
Pages
86